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SUPERSEDED - Decision Notice - Minor Change - 51988 2740 01 [As Published] · 51988.2740.01
Officer: Tara Norley
Direct Telephone: 07 5329 6486
Our Reference: 51988.2740.01
Your Reference: n/a
15 May 2023
GJT Kenny, JM Kenny
60 Annie St
AUCHENFLOWER QLD 4066
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 9 February 2023, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 51988.2740.01
Street address: Parkwood
21 & 1/21 Parkedge Rd, Sunshine Beach
Real property description: Lot 0 BUP 10798 and Lot 1 BUP 10798
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 10 November 1988
• Town Planning Consent Permit – TPC 2129 – Multiple Dwelling (2 Units)
In relation to the request to make a minor change to the existing approval, Council on 10 May 2023,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change
B. Amend Condition 2.
C. Include additional Condition 20.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is four years starting the day that the original
development approval 51988.2740 took effect.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
1. Submission to and approval by Council of building plans in accordance with the Building Act,
Council’s By-Laws and Policies, and generally in accordance with the plan approved in this
Consent and the Shire of Noosa Town Planning Scheme apart from where amendments are
required or dispensation have been granted in conjunction with this Consent.
2. The plans submitted for Building Approval following requirements are to comply with the
a. Amendment to car parking layout to accord with Council policies and to allow
satisfactory manoeuvring, to the satisfaction of the Shire Engineer.
b. Deleted
3. Provisions of at least three (3) off-street car parking spaces, comprising 2 covered spaces
and 1 uncovered spaces, and access thereto, which are to be provided with a sealed
pavement and designed, drained, constructed and maintained in accordance with the Town
Planning Scheme, Council’s Policies and to the reasonable satisfaction of the Shire
Engineer. Plans and Specifications for these works are to be submitted to the Shire Engineer
for approval in conjunction with the Building Application.
4. There is to be no detrimental effect upon the amenity of the neighbourhood by reason of the
creation of excessive noise, lighting nuisance or other emissions.
5. The open space and setback areas are to be landscaped in accordance with the Noosa
Design Manual and properly prepared landscaping plan to be submitted to and approved by
the Shire Planner, prior to the issue of a Building Approval. Such landscaping is to be
completed in accordance with the approval landscaping plan, prior to the premises being
occupied and maintained at all times thereafter to the reasonable satisfaction of the Shire
Planner.
6. Existing trees are to be retained, except where required to be removed due to building
operations or the conduct of the approved use. In this regard exiting trees proposed to be
retained at the rear of the site are to be noted on the landscaping plans submitted wit the
building application.
7. Construction work is permitting only during the hours of 7.00a.m. to 6.00p.m. Monday to
Saturday and no construction work is permitted on public holidays, except where extended
hours are approved by the Building Surveyor.
8. Payment of contributions in accordance with Council’s Policy on Water Supply and Sewerage
Headworks, current at the time of Building Approval. Calculations bases upon the current
Policy including Price Index variation as at November, 1988 are estimated as follows:-
Water Supply - $1220
Sewerage - $ 630
TOTAL: $1850
If Payment is not proposed to be made prior to the issue of Building Approval, a cash bond
or trading bank guarantee for the required amount is to be lodged prior to the release of that
Approval. The contribution is then required to be made with in fourteen (14) days of the issue
of Building Approval.
9. The footpath across the frontage of the site shall be generally upgraded involving reshaping,
grassing and topsoiling to the satisfaction of the Shire Engineer.
10. The developer shall bear the cost of alteration of any public utility or facilities necessitated
by the development of the land or associated construction works external to the site.
11. Connection to Council’s existing water supply reticulation systems at the developer’s
expense to the standards and requirements of Council’s Shire Engineer.
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12. Disposal of septic and sullage wastes on site to the satisfaction of the Shire Engineer. Plans
prepared by a Registered Hydraulics Consultant are to be submitted and to be approved by
Council’s Building Surveyor, prior to the issue of a Building Approval.
13. Roof and surface water is to be collected on site and to be discharged through a single
underground drain line into existing drainage in Parkedge Road to the satisfaction of the
Shire Engineer.
14. Provision of approved refuse containers in accordance with the requirements of the Refuse
Management Regulations of 1983 for the storage and collection of refuse to the satisfaction
of Council’s Health Surveyor.
15. Provision of an imperviously paved, drained and enclosed area to accommodate all refuse
containers to the reasonable satisfaction of Council’s Health Surveyor. This area is to be
aesthetically screened from any road frontage or adjoining property boundary and is to be
set back a distance of two (2) metre from any road frontage. A suitable hosecock and hoses
to be located in the vicinity of the refuse container area.
16. Any flat or unit intended to be let out for fee or reward is to be licenced annually with Council’s
Health Department in accordance with the provisions of Chapter 43 of Council’s By-Laws
prior to such letting.
17. Submission of a cash bond or trading bank guarantee to the sum of $2,000, to secure
performance of conditions, prior to the issue of Building Approval.
The cash bond or trading bank guarantee may be returned to the applicant upon payment of
the required sums and performance of the conditions of approval.
18. The provisions of this Town Planning Consent are to be affected, prior to the commencement
of the specific use granted under this Consent Council reserves the right to call upon the
bond or guaranteed sum referred to in the approval for the purposes of litigation should the
use not be conducted in accordance with this Approval.
19. This Consent may be revoked pursuant to Section 33 (16D0 of the Local Government Act if
substantial progress has not been made in the erection of ant building or other structure in
accordance with this Consent or the right conferred by this Consent are not exercised in
accordance with this Consent within two (2) years of the date thereof.
Additional Conditions – 10 May 2023 – Unit 1 Only
20. 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
22-095 B Upper Floor Plan, prepared by Kieron James 09/12/2022
Design
As annotated by Council
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
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
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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 Works
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.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully
Tara Norley
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 10 November 1988.
• Decision Notice - Minor 51988.2740.01 – 10 May 2023, with an amendment to condition 2 and additional condition 20.
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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
229 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 –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (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
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of 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
(2) The notice of appeal must be accompanied by the required fee.
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