Minor Change Existing Approval 51982.3267.05

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	51982.3267.05  : JELDER
Your Reference:	20180417
3 December 2018
C Dyer & M Dyer
C/- Pacific BCQ
PO Box 1901
NOOSAVILLE BC  QLD  4566

[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 14 November 2018, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	51982.3267.05
Street address:	Tenalga 3/21 Allambi Rise Noosa Heads Qld 4567
Real property description:	Lot 3 BUP 333
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
TPC 1587 for a changes of an existing multiple dwelling of 6 Units in October 1982 – copy attached.
In relation to the request to make a minor change to the existing approval, Council on 29 November 2018, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Include the additional condition 1 and 2 for Unit 3.
currency period of approval
Not applicable.
assessment manager conditions
9 February 2010 - Unit 2, Deck enclosure and modification to the stairwell
General
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 and may be amended by these conditions:
Plan No.	Rev.	Plan / Document Name	Date
02		F loor Plan – dihenshall Interior Design	04 Nov 2009
13		Exterior Elevations –  dihenshall Interior Design	11 Nov 2009
14		Exterior Elevations –  dihenshall Interior Design	11 Nov 2009

The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The development approval for Minor Changes (Deck Enclosure) lapses if the use has not happened by 9 February 2014, unless an application to extend the relevant period is approved by Council.
21 April 2010 – Unit 1, Deck enclosure and modification to the stairwell
General
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 and may be amended by these conditions.
Plan No.	Rev.	Plan / Document Name	Date
03		Proposed Floor Plan – dihenshall Interior Design	04 March 2010
04		Exterior Elevations –  dihenshall Interior Design	04 March 2010
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
21 December 2010 – Unit 3, Deck (west) extension
General
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 and may be amended by these conditions.
Plan No.	Rev.	Plan / Document Name	Date
CD 2.02	A	Proposed Unit 3 Refurb – Floor Plans – Tim Ditchfield	Oct 2010
CD 3.01	A	Proposed Unit 3 Refurb – West Elevation – Tim Ditchfield	Oct 2010
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
29 November 2018 – Unit 3, Enclosure of Existing Deck
General
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 and may be amended by these conditions.
Plan No.	Rev.	Plan / Document Name	Date
D1.01	C	GFA and Site cover – Tim Ditchfield	March 2016
D1.02	C	Design Site Plan  – Tim Ditchfield	March 2016
D2.03	C	Design Floor Plan – Tim Ditchfield	March 2016
D3.01	C	Design West Elevation – Tim Ditchfield	March 2016
D4.01	C	Design Section – Tim Ditchfield	March 2016
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
referral agencies
Not applicable.
advisory notes
Not applicable.
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Prior to the commencement of development, the following Development Permits must be obtained
9 February 2010 - Unit 2
Development Permit for Building Works.
21 April 2010 – Unit 1
Development Permit for Building Works.
21 December 2010 – Unit 3
Development Permit for Building Works.
29 November 2018
Development Permit for Building Works.
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
cc.	Unitywater

DECISION NOTICE HISTORY
Changes to Original Decision Notice – TPC 1587 - 9 November 1982.
Decision Notice - Minor - 51982.3267.2 – 9 February 2010
Decision Notice - Minor - 51982.3267.3 – 21 April 2010
Decision Notice – - Minor - 51982.3267.4 – 21 December 2010
Decision Notice – - Minor - 51982.3267.5 – 29 November 2018  - include additional conditions 1 & 2 (Unit3)

	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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P. Rodger

‘Pn/De/tPC 1507

9th Novenber, 1982

AB. 6 H.C. Laycock,
of~ G. Matheson,

130 Gympie Terrace,
ROOSAVEELE, 2506

 

Dear sir,

Re: Subs. 26 3, Por. 1, Parish of Weybe
“tenalga", Allanbi Rise, Hoosa Heads

your application seeking the consent of Council to an extension to
an existing multiple dwelling unit on the abovedescribed Land was
Considered by Council at its October 1982 necting.

Tt was a decision of the Council, after considering all relevant
nattore that the application as Subaitted be approved. the
conditions to which the consent granted is eubject are as chown
hereunder:

1, Compliance with all relevant ‘town Plan Provisions, [email protected]. Stormater, including that fro roofed and paved areas to be disposed
of by underground means to Council's etiating disposal facilities.

3. Wo earthworks or filling shall be carried cut on the site until the
issue of a building pemit.

4. Comply with the reasonable requirements of the Regional Fire safety
officer.

5. he approval given herein does not absolve the applicant from the
responsibility of submitting for approval, working drawings complying
with the Building Act 1975 as amended and the Standard Building Bylaws.
Such dvawings shall be substantially in accordance with the Town Planning
Consent approval and related drawings ani approval pursuant to the
Building Act shall be obtained prior to any building works being

vearried out on the site. This consent approval does not imply
‘hat building approval will be granted. :

6. In accordance with Clause 3(2) of Part IT of Council Bylaws,
Chapter XLIV (Town Planning), Council's approval is valid for 2
period of two (2) years at the expiration of vhich peried the
Council may take action to revoke ite approval if in the opinion
of the Council, substantial progress has not been nade in erecting
‘he building or other structure the subject of the consent permit
or the land, the subject of the consent permit, is not being used
substantially in accordance with the purposes for which consent

was granted.

i


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7, an identification survey of the subject site is to be carried out by
fan authorised surveyor and is to be submitted to Council at the tine of
the foundation inspectionby the Council's Building Surveyor or
immediately thereafter, Such survey shall set out the boundaries
Of the site and the position of the buildings on the site.

8, ‘the conditions of this permit are to be completed prior to occupancy
of the building and if thie is not done, Council reserves the right
to call on bond moneys lodged to carry cut the works involved.

9, Provision shall be made for the storage and renoval of refuse in
accordance with the Council's policies and to the requirements of
‘the Council's Health Surveyor.

Yours faishtuity,

ar. Kenly
ACHING SHIRE CLERK.


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ee) NOOSA COUNCIL