SUPERSEDED Minor Change Existing Approval DBW19 0005.04

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	DBW19/0005.04
Your Reference:	21301
2 December 2021
CL Miller & SC Scheuer
C/- Project Urban
PO Box 6380
MAROOCHYDORE  QLD  4558
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 17 September 2021, requesting a minor change to an existing development approval. Council on 25 November 2021, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	DBW19/0005.04
Street address:	32 Park Cres Sunshine Beach Qld 4567
Real property description:	Lot 595 RP 48112
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 2 April 2019
Development Permit for Development Permit for Building Work - Additions to Detached House (Coastal Protection)
In relation to the request to make a minor change to the existing approval, Council on 25 November 2021, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend condition 2
currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
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
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 No.	Rev.	Plan/Document Name	Date
Sheet 03	23	Floor plan, drawn by Icon Building Design	20/10/2020
Sheet 04	23	Setout Plan, drawn by Icon Building Design	20/10/2020
Sheet 05	23	Level 1 Plan, drawn by Icon Building Design	20/10/2020
Sheet 06	23	Level 2 Plan, drawn by Icon Building Design	20/10/2020
Sheet 07	23	Elevation (East), drawn by Icon Building Design	20/10/2020
Sheet 08	23	Elevation (North), drawn by Icon Building Design	20/10/2020
Sheet 10	23	Section, drawn by Icon Building Design	20/10/2020
Sheet 11	23	Section, drawn by Icon Building Design	20/10/2020
-	-	Proposed streetscape planting plans and species list, attached to an email by Annie King – Landscape Noosa	13/10/2020
25 November 2021
DA-01	A	Site Plan, drawn by Martin Galbraith (as annotated by Council)	16/09/2021
DA-02	A	Roof plan, drawn by Martin Galbraith (as annotated by Council)	16/09/2021
DA-03	A	House elevation (south), drawn by Martin Galbraith	16/09/2021
DA-05	B	Garage Floor Plan and Elevation (as annotated by Council)	16/09/2021
DA-06	B	Garage Roof Plan and Elevation (as annotated by Council)	16/09/2021
DA-07	A	Landscape Area Plan (as annotated by Council)	21/10/2021

Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface with the exception of the roofline over the upper balcony of the dwelling that is limited to a maximum height of 9.2 metres from existing/finished ground level.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $2,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Landscaping
A minimum of 20% of the site must have soft landscaping.
Prior to the commencement of the use, the following landscaping requirements must be provided:
Landscaping must be provided at the south-west part of the site to soften the built form to the street.  This must be situated between the front boundary and the bin enclosure area and be in accordance with proposed streetscape planting plans prepared by Annie King – Landscape Noosa.
Screening vegetation must be planted along the eastern boundary at a width of 2 metres (200mm pot size) in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.
Screening vegetation must be planted along both the northern and southern boundaries for the length of the extension/alterations, particularly the 3rd storey component of the building.
Vegetation must be planted so as the proposed wall face of the retaining/planter structures are largely screened to the side and rear boundaries.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Fencing
Boundary fences must be no greater than 2 metres in height, unless approved by Council.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
All elements of the stormwater drainage system, both above and below ground, must be wholly contained within the subject site.
Earthworks
The development must be undertaken in accordance with the recommendations contained in section 4 of the Slope Stability Assessment – Project No.19003-001-Rev1 prepared by Tectonic Geotechnical & Environmental Engineers dated 28 March 2019.
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the recommendations contained in section 4 of the Slope Stability Assessment – Project No.19003-001-Rev1 prepared by Tectonic Geotechnical & Environmental Engineers dated 28 March 2019, and that the development has a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
All earthworks and associated retaining walls/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
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
Coastal Protection
Gates must not be installed along the rear property boundary to gain direct access to the beachfront.
External colours and finishes of the building and any other structures must comprise of muted/environmental tones that blend with the natural environment.
Additional Conditions – 23 June 2020
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with, by 23 June 2024 unless an application to extend the currency period is approved by Council.
All deck panelling and balustrading is to visually unobtrusive and be largely translucent.
referral agencies
Not applicable.
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Qualified Person
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:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
Infrastructure Charges
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.
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	Private Certification
submissions
Not applicable.
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.
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,

Lisa Pienaar
Development Planner
Enc:	Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 2 April 2019.
Generally in Accordance – DBW19/0005.01
Decision Notice – Other Change – DBW19/0005.02 – 23 June 2020 - with an amendment to conditions 2 & 3 and additional conditions 18 & 19.
Decision Notice – Minor Change – DBW19/0005.03 – 23 October 2020 - with an amendment to conditions 2 & 6.
Decision Notice – Minor Change – DBW19/0005.04 – 25 November 2021; with amendment to condition 2

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

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

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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ee) NOOSA COUNCIL