22-040 Final Decision (1)

   12.    That ‘Decision Notice Refusal’ stated ‘Reasons for the refusal’ as:



   13.    For clarity, the ‘Referral Agency’ (the Noosa Shire Council) directed the Assessment
          Manager to ‘Approve’ the proposed development subject to conditions that included
          no panel or tilt door, a minimum front set back and a maximum height condition –
          that are now the subject of this appeal.


Nearby Developments

   14.    The property immediately to the east of the subject site (19 Wesley Ct) is a single
          storey residence with an enclosed garage that is indicatively set back 6.0 metres
          from the street with a 1.8 metre high wall to the entry driveway perimeter and the
          remainder of the street boundary.

   15.    The next property to the east (17 Wesley Ct.) is a two storey residence with a
          garage built up very close to the front property boundary using a vertical batten
          screened door and accompanying overhead parapet, adjacent to a 1.8 metre high
          masonry wall facing the street.

   16.    The property further to the east (11 Wesley Ct), near the end of the cul-de-sac, is a
          single storey residence with a 1.5 metre high masonry wall and solid timber fence
          and a garage, using a tilt panel door, built up very near to the front property
          boundary

   17.    The property immediately to the west of the subject site (23 Wesley Ct) is a two
          storey residence with a 2.0 metre high masonry front boundary wall, with a garage
          under construction set back approximately 6 metres, with a return wall extending
          from near the front boundary at 2 metres high rising in height to approximately
          3 metres towards the existing dwelling and garage.

   18.    The property further to the west (25 Wesley Ct) is a single storey residence, with a
          triple garage with roller doors set back approximately 4.5 metres, with a 2.0 metre
          high masonry front boundary wall.

Material Considered

   19.    The material considered in arriving at this decision comprises:
               (1) ‘Form 10 – Notice of Appeal/ Application for Declaration’, being the
                   grounds for appeal lodged with the Tribunals Registrar on 26 July 2022.
               (2) Correspondence accompanying the appeal lodged with the Tribunals
                   Registrar on 26 July 2022. This includes:
                        a. The letter from Pure Building Approvals to the Noosa Shire
                           Council dated 6 December 2021 requesting its Referral Agency
                           response that inter alia sought to address the issue of non-
                           compliance with the Noosa Shire Planning Scheme ‘Noosa Plan
                           2020’ - ‘Low Density Residential Code’




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