Negotiated Decision Notice DBW20 0013 · DBW20/0013

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	DBW20/0013 : JElder
Your Reference:	20200213
15 October 2020
L Mackender & C Mackender
C/- Adapt Planning
PO Box 7618
SIPPY DOWNS  QLD  4556
[email protected]
Dear Sir,
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On 13 October 2020, Council decided your representations. This negotiated decision notice replaces the decision notice approved on 31 July 2020.
Details of the negotiated decision are as follows:
APPLICATION details
Application No:	DBW20/0013
Street address:	69 Seaview Tce Sunshine Beach Qld 4567
Real property description:	Lot 70 RP 81810
Planning Scheme:	The Noosa Plan (8 June 2018)
decision details
Council on 31 July 2020, decided to issue the following type of approval:
Development Permit for Building Work - Additions to Detached House (Coastal Protection
In relation to representations, Council on 13 October 2020 decided to:
A.	Agree to amend conditions 5 and 6.
B.	Amend condition 2 as a consequential amendment.
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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
WD.201	DA4	Lower Level Plan, prepared by Aboda Design Group	7/10/2020
WD.202	DA4	Main Level Plan, prepared by Aboda Design Group	7/10/2020
WD.203	DA4	Upper Level Plan, prepared by Aboda Design Group	7/10/2020
WD.204	DA4	Roof Plan, prepared by Aboda Design Group	7/10/2020
WD.501	DA4	East Elevation, prepared by Aboda Design Group	7/10/2020
WD.502	DA4	North Elevation, prepared by Aboda Design Group	7/10/2020
WD.503	DA4	West Elevation prepared by Aboda Design Group	7/10/2020
WD.504	DA4	South Elevation, prepared by Aboda Design Group	7/10/2020
WD.601	DA4	Sections, prepared by Aboda Design Group	7/10/2020
DA01	01	Landscape Concept Plan – DA, prepared by JRLD Design + Landscape	Sept 2020
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 31 July 2022 unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $3,000 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.
Setbacks
The outdoor kitchen and associated roofline must be setback a minimum of 0.8 metres from the southern boundary and a minimum of 0.8m metres setback from the western boundary.
Landscaping
Additional screening vegetation must be planted into the natural ground throughout the subject site including between the southern side boundary and the outdoor kitchen in accordance with the approved landscape plans and Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines and consist of native, local species as listed in the Coastal Beachfront Areas section 6 of PSP3. Any vegetation within the southern side boundary and the outdoor kitchen must be capable of achieving with a mature height of not less than 4 metres.  This is to be in accordance with Landscape Concept Plan no. DA01, prepared by JRLD Design + Landscape, dated September 2020. A 12 month landscaping maintenance bond of $2000 is required to be lodged as security prior to the commencement of use of the area subject to the extensions to ensure the establishment of the landscaping.
Screening vegetation must be planted between the outdoor kitchen and the western boundary to ensure the built form is softened, and be in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines and consist of native, local species as listed in the Coastal Beachfront Areas section 6 of PSP3 with an average mature height of not less than 3 metres.
All landscape works must be established and maintained in accordance with the conditions of approval 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.
Stormwater Drainage
The development of the site must not block existing overland flowpaths, direct runoff on to any adjoining property or cause scour or damage to the subject site or any adjoining property.
Stormwater runoff from the development must be controlled and discharged generally in accordance with drawing number 30143-SW1, Revision A prepared by SCG Consulting Engineers dated 23 June 2020.
Earthworks and Retaining Walls
The development of the site must be carried out generally in accordance with the recommendations contained within the Slope Stability Assessment, Report No:30143(SL) prepared by SCG Consulting Engineers dated 15 June 2020.
All earthworks and associated walls/banks/batters/anchors, both above and below ground level, 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.
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:
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.
Fires in Urban areas
Please note that in urban areas of the Noosa Shire Council area, fires are prohibited except where in an appliance used for domestic heating or cooking purposes, which must comply with particular Standards. Any area identified as a fire area on approved plans is to be in accordance with Local Law & Subordinate Local Law No. Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
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	All 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

DECISION NOTICE HISTORY
Original Decision Notice – 31 July 2020.
Negotiated Decision Notice – 13 October 2020, with an amendment to conditions 5, 6 & 2 as a consequential amendment.

	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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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