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Extension to Currency Period - Approved DBW23/0084.01 (As Published)

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                                                                          Officer:            Georgina Schramm
                                                                          Direct Telephone:   07 53296569
                                                                          Our Reference:      DBW23/0084.01
                                                                          Your Reference:     n/a




               7 November 2025

               DA Byrne
               C/- DA Byrne
               83 Coachwood Tce
               BLACK MOUNTAIN QLD 4563

               [email protected]

               Dear Denise & Pat,


                                            Extension to Currency Period
                                                     Planning Act 2016

               I refer to your request received on 10 September 2025, to extend the currency period for an
               existing development approval. On 5 November 2025, Council decided to approve your
               request.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:            DBW23/0084.01

                   Street address:            83 Coachwood Tce Black Mountain Qld 4563

                   Real property description: Lot 16 SP 248179

                   Planning Scheme:           Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               The following type of approval was issued on 27 November 2023.
               •       Development Permit for Material Change of Use of Premises / Reconfiguration of a Lot
                         / Operational Works
               In relation to the request to extend the currency period for this approval, Council on 5
               November 2025, decided to extend the currency period as detailed below.
               A.      Approve a two-year extension to the currency period.
               B.      Agree to the change.
               C.      Amend condition 3.
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development is stated in the conditions below.

               ABN 97.969.214.121                                                                PO Box 141
               noosa.qld.gov.au                                                           Tewantin QLD 4565
               [email protected]                                                           07 5329 6500
Document Set ID: 24280125                                                                               Page 1 of
                 5 Date: 07/11/2025
Version: 11, Version
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                4.      ASSESSMENT MANAGER CONDITIONS

                PLANNING
                        When Conditions must be Complied With
                1.      Unless otherwise stated, all conditions of this Decision Notice must be complied with
                        prior to the use commencing, and then compliance maintained at all times while the use
                        continues.
                        Approved Plans
                2.      Development undertaken in accordance with this approval must generally comply with
                        the approved plans of development. The approved plans are listed in the following table
                        unless otherwise amended by these conditions.

                          Plan          Rev. Plan/Document Name                                     Date
                          No.

                          -             -    Site plan (of entire site), prepared by Denise Byrne   13/11/2023

                          A100          1    Site Plan, prepared by wd architects (new dwelling)    26/07/2023

                          A300          2    House Floor plan, prepared by wd architects            26/07/2023

                          A302          2    Annex Floor Plan, Elevations and Sections, prepared 26/07/2023
                                             by wd architects

                          A303          2    Overview with grid and survey, prepared by wd 26/07/2023
                                             architects

                          A350          2    Roof Plan, prepared by wd architects                   26/07/2023

                          A400          2    House sections, prepared by wd architects              26/07/2023

                          A500          2    House elevations, prepared by wd architects            26/07/2023

                          -             -    Floor Plan - 2 x container dwelling (The Shack), 14/11/2023
                                             provided by Denise Byrne

                          -             -    Elevation Plan for 2 x container dwelling, provided by Submitted
                                             Denise Byrne                                           14/11/2023

                        Currency Period
                3.      This development approval lapses if the use has not happened by 27 November 2027,
                        unless an application to extend the currency period is approved by Council.
                        Nature and Extent of Use
                4.      This approval allows for the use of the building for the purpose of a Dwelling House and
                        Secondary Dwelling in accordance with the administrative use definition of the Noosa
                        Plan 2020. The premises must not be used as Multiple Housing and/or Visitor
                        Accommodation or any other residential use as defined by Noosa Plan 2020.
                        Retention of Existing Trees and Vegetation
                5.      Existing trees on the site must be retained. Any trees removed must be replaced with
                        similarly sized native species prior to the use commencing.




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                        Geotechnical stability – structures in landslide hazard area
                6.      All works must be carried out in accordance with a Geotechnical Report for the site
                        prepared by a qualified person*. Certification must be submitted to Council from a
                        qualified person* which certifies that the site is not at risk from landslide emanating from
                        the site or from other land.
                        Effluent Disposal
                7.      The dwelling and secondary dwelling must be provided with an on-site waste water
                        treatment and effluent disposal system having a capacity sufficient for the use.
                        Water Supply
                8.      The development must be provided with a potable water supply, a minimum capacity of
                        45,000 litres of water.
                        Stormwater Drainage
                9.      Stormwater runoff from the development must be disposed of on-site without causing
                        scour or damage to the subject site or any adjoining property.
                        Earthworks
                10.     All earthworks and associated batters must be contained entirely within the subject site
                        unless written permission from the respective landowner(s) is provided to Council. All
                        earthworks must be undertaken in accordance with the provisions of Australian Standard
                        AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
                        Damage to Services and Assets
                11.     Any damage caused to existing services and assets as a result of the development
                        works must be repaired at no cost to the asset owner at the following times:
                        a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
                        or
                        b. where otherwise, upon completion of the works associated with the development.
                        Any repair work which proposes to alter the alignment or level of existing services and
                        assets must first be referred to the relevant service authority for approval.
                5.      REFERRAL AGENCIES

                Not applicable.
                6.      ADVISORY NOTES

                The following notes are included for guidance and information purposes only and do not form
                part of the assessment manager conditions:
                        Infrastructure Charges
                1.      All developments and/or changes to existing developments may require payment of
                        “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges
                        Resolution” made pursuant to the planning legislation and regulations current at the time
                        of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-
                        development/development-tools-guidelines/infrastructure-charges
                        Qualified Person
                2.      For the purpose of preparing a Geotechnical Report, and for certifying geotechnical
                        stability for the development, a qualified person is considered to be a person who:
                        a.      is a Registered Professional Engineer of Queensland (RPEQ); and
                        b.      has a degree in civil engineering or engineering geology; and




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                         c.      has a minimum of 5 years experience in the field of geotechnical engineering or
                                 engineering geology.
                7.       PROPERTY NOTES

                Not applicable.
                8.       VARIATION APPROVAL DETAILS

                Not applicable.
                9.       FURTHER DEVELOPMENT PERMITS REQUIRED

                    Type of Development Permit Required                     Subject of the required Development Permit

                    Development Permit for Building Works                   All building work

                    Plumbing Compliance Permit                              Effluent disposal

                10.      SUBMISSIONS

                Not applicable.
                11.      RIGHTS OF APPEAL

                You are entitled to appeal against this decision. A copy of the relevant appeal provisions from
                the Planning Act 2016 is attached.
                During the appeal period, you as the applicant may suspend your appeal period and make
                written representations to Council about the conditions contained within the development
                approval. If Council agrees or agrees in part with the representations, a negotiated decision
                notice will be issued. Only one negotiated decision notice may be given.
                12.      OTHER DETAILS

                If you wish to obtain more information about the decision, electronic copies are available on
                line at www.noosa.qld.gov.au or at Council Offices.

                Yours faithfully,




                Georgina Schramm
                Development Planner

                Enc:     Appeal Rights
                         Stamped Approved Plans


                DECISION NOTICE HISTORY
                •     Original Decision Notice – 27 November 2023

                •     Decision Notice – Extension to Currency Period – DBW23/0084.01; 05 November 2025; amend condition 3




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                                                                                Appeal Rights
                                                                                PLANNING ACT 2016 & PLANNING REGULATION 2017




               Chapter 6 Dispute resolution                                                   (3) The appellant or, for an appeal to a tribunal, the registrar must,
                                                                                                  within the service period, give a copy of the notice of appeal to –
               Part 1 Appeal rights
                                                                                                  (a) the respondent for the appeal; and
               228 Appeals to tribunal or P&E Court
                                                                                                  (b) each co-respondent for the appeal; and
               (1) Schedule 1 of the Planning Act 2016 states –
                                                                                                  (c) for an appeal about a development application under schedule
                   (a) Matters that may be appealed to –
                                                                                                      1, table 1, item 1 – each principal submitter for the
                         (i)   either a tribunal or the P&E Court; or                                 development application; and
                         (ii) only a tribunal; or                                                 (d) for and appeal about a change application under schedule 1,
                                                                                                      table 1, item 2 – each principal submitter for the change
                         (iii) only the P&E Court; and
                                                                                                      application; and
                   (b) The person-
                                                                                                  (e) each person who may elect to become a co-respondent for the
                         (i)   who may appeal a matter (the appellant); and                           appeal, other than an eligible submitter who is not a principal
                                                                                                      submitter in an appeal under paragraph (c) or (d); and
                         (ii) who is a respondent in an appeal of the matter; and
                                                                                                  (f)   for an appeal to the P&E Court – the chief executive; and
                         (iii) who is a co-respondent in an appeal of the matter; and
                                                                                                  (g) for an appeal to a tribunal under another Act – any other
                         (iv) who may elect to be a co-respondent in an appeal of the
                                                                                                      person who the registrar considers appropriate.
                              matter.
                                                                                              (4) The service period is –
               (Refer to Schedule 1 of the Planning Act 2016)
                                                                                                  (a) if a submitter or advice agency started the appeal in the P&E
               (2) An appellant may start an appeal within the appeal period.
                                                                                                      Court – 2 business days after the appeal has started; or
               (3) The appeal period is –
                                                                                                  (b) otherwise – 10 business days after the appeal is started.
                   (a) for an appeal by a building advisory agency – 10 business
                                                                                              (5) A notice of appeal given to a person who may elect to be a co-
                       days after a decision notice for the decision is given to the
                                                                                                  respondent must state the effect of subsection (6).
                       agency; or
                                                                                              (6) A person elects to be a co-respondent by filing a notice of election,
                   (b) for an appeal against a deemed refusal – at any time after the
                                                                                                  in the approved form, within 10 business days after the notice of
                       deemed refusal happens; or
                                                                                                  appeal is given to the person.
                   (c) for an appeal against a decision of the Minister, under chapter
                                                                                              230 Other appeals
                       7, part 4, to register premises or to renew the registration of
                       premises – 20 business days after a notice us published under          (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
                       section 269(3)(a) or (4); or                                               the Supreme Court decides a decision or other matter under this
                                                                                                  Act is affected by jurisdictional error, the decision or matter is non-
                   (d) for an appeal against an infrastructure charges notice – 20
                                                                                                  appealable.
                       business days after the infrastructure charges notice is given
                       to the person; or                                                      (2) The Judicial Review Act 1991, part 5 applies to the decision or
                                                                                                  matter to the extent it is affected by jurisdictional error.
                   (e) for an appeal about a deemed approval of a development
                       application for which a decision notice has not been given –           (3) A person who, but for subsection (1) could have made an
                       30 business days after the applicant gives the deemed                      application under the Judicial Review Act 1991 in relation to the
                       approval notice to the assessment manager; or                              decision or matter, may apply under part 4 of that Act for a
                                                                                                  statement of reasons in relation to the decision or matter.
                   (f)   for any other appeal – 20 business days after a notice of the
                         decision for the matter, including an enforcement notice, is         (4) In this section –
                         given to the person.                                                     decision includes-
               Note –                                                                             (a) conduct engaged in for the purpose of making a decision; and
                   See the P&E Court Act for the court’s power to extend the appeal
                                                                                                  (b) other conduct that relates to the making of a decision; and
                   period.
                                                                                                  (c) the making of a decision or failure to make a decision; and
               (4) Each respondent and co-respondent for an appeal may be heard
                   in the appeal.                                                                 (d) a purported decision; and
               (5) If an appeal is only about a referral agency’s response, the                   (e) a deemed refusal.
                   assessment manager may apply to the tribunal or P&E Court to
                                                                                                  non-appealable, for a decision or matter, means the decision or
                   withdraw from the appeal.
                                                                                                  matter-
               (6) To remove any doubt. It is declared that an appeal against an
                                                                                                  (a) is final and conclusive; and
                   infrastructure charges notice must not be about-
                                                                                                  (b) may not be challenged, appealed against, reviewed, quashed,
                   (a) the adopted charge itself; or
                                                                                                      set aside or called into question in any other way under the
                   (b) for a decision about an offset or refund-                                      Judicial Review Act 1991 or otherwise, whether by the
                                                                                                      Supreme Court, another court, a tribunal or another entity; and
                         (i)   the establishment cost of trunk infrastructure identified in
                               a LGIP; or                                                         (c) is not subject to any declaratory, injunctive or other order of
                                                                                                      the Supreme Court, another court, a tribunal or another entity
                         (ii) the cost of infrastructure decided using the method
                                                                                                      on any ground.
                              included in the local government’s charges resolution.
                                                                                              231 Rules of the P&E Court
               229 Notice of appeal
                                                                                              (1) A person who is appealing to the P&E Court must comply with the
               (1) An appellant starts an appeal by lodging, with the registrar of the
                                                                                                  rules of the court that apply to the appeal.
                   tribunal or P&E Court, a notice of appeal that-
                                                                                              (2) However, the P&E Court may hear and decide an appeal even if
                   (a) is in the approved form; and
                                                                                                  the person has not complied with the rules of the P&E Court.
                   (b) succinctly states the grounds of the appeal.
               (2) The notice of appeal must be accompanied by the required fee.




Document Set ID: 24280125
Version: 11, Version Date: 07/11/2025                                                                                                                Page 5 of 5

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