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51994.1308.01
Noosa Council documents
Officer:
Direct Telephone: 07) 5449 5167
Fax: (07) 5475 7277
Our Reference: :KRM:51994.1308.01 (TPC 2711)
Your Reference: 11-1494
29 February 2012
Suncoast Building Approvals
PO Box 1054
MAROOCHYDORE QLD 4558
Dear Sir
Change to an Existing Approval
Sustainable Planning Act 2009
I refer to your request dated 2 February 2012 to make a permissible change to an existing
approval granted on 6 September 1994. On 28 February 2012, Council decided your
requested changes.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 51994.1308.01
Street Address: Viridian on Viewland 1/33 Viewland Drive Noosa Heads Qld
4567
Real Property Description: Lot 1 SP 221528
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Duplex Dwelling
In relation to the request to make a change to the existing approval, Council decided to:
A. Approve a change to the development approval.
B. Include additional conditions 23 to 29.
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is in accordance with that stated in the
Decision Notice 6 September 1994, unless an application to extend the period is approved by
Council under s 383 of the Sustainable Planning Act 2009.
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51994.1308.01
4 CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
Please find attached Town Planning Consent Permit listing original conditions.
ADDITIONAL CONDITIONS 28 February 2012
When Conditions must be Complied With
23. Unless otherwise stated, all conditions of this Decision Notice must be complied with
and then compliance maintained at all times while the use continues.
Approved Plans
24. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed below.
Plan No. Rev. Plan Name – Prepared by Date
SK1 A Site Plan, prepared by Stewart & Mia December 2011
Bradley
SK3 A Existing Floor Plan, prepared by Unknown
Floorplans Plus
SK3 A Floor Plan Showing Addition, prepared December 2011
by Stewart & Mia Bradley
SK5 A East View, prepared by Stewart & Mia December 2011
Bradley
Building Height
25. The maximum height of the development must not exceed 8 metres above the natural
ground surface, finished ground level and 2 storeys.
26. Certification must be submitted to Council from a Licensed Surveyor which certifies
that the building does not exceed the maximum height requirement of this Decision
Notice.
Performance Bond
27. Security in the form of a cash bond or trading bank guarantee to the sum of $1500
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.
Protection of Privacy
28. To ensure privacy is protected between adjoining properties, the following screening
devices must be fitted:
(a) To the full width of the deck between Unit 1 and Unit 2.
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51994.1308.01
(b) To the top of the masonry fence located to the western boundary. The
screening device must start, at a minimum, in line with the adjoining western
neighbour’s building line and must extend along the fence to a minimum of
0.4m prior to where the fence starts to slope down.
(c) To a height that ensures privacy.
General
29. No building work within the Covenant K is approved as part of this approval.
5 REFERRAL AGENCY CONDITIONS
Not Applicable
6 APPROVED PLANS/DOCUMENTS
The approved plans for this development approval are listed in the attached Town Planning
Consent Permit, with the changes relevant to this request to change development approval
listed in the following table:
Plan No. Rev. Plan Name – Prepared by Date
SK1 A Site Plan, prepared by Stewart & Mia Bradley December 2011
SK3 A Existing Floor Plan, prepared by Floorplans Plus Unknown
SK3 A Floor Plan Showing Addition, prepared by Stewart December 2011
& Mia Bradley
SK5 A East View, prepared by Stewart & Mia Bradley December 2011
7 PLANS/DOCUMENTS REQUIRING AMENDMENT
Not applicable.
8 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the Building Code of Australia – Part D3 as they relate to people with
disabilities. Your attention is also directed to the fact that in addition to the requirements of the
Building Code of Australia – Part D3 as they relate to people with disabilities, one or both of
the following may impact on the proposed building work:
(a) The Disability Discrimination Act 1992 (Commonwealth)
(b) Anti-Discrimination Act 1991 (Queensland)
Sunshine Coast Regional Council recommends that the following matters be considered to
address equitable access and facilities in the building:
(a) The building and environs should be designed to meet the requirements of the Human
Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises”
and AS 1428.2
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51994.1308.01
(b) Applicants should be aware that a “Disability Standard on Access to premises” is
currently being developed and most likely will impose changes on the Building Code of
Australia
(c) Any services and facilities in the building complex should allow independent, dignified
and equitable use of the services and facilities for all people.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the activity
does not harm Aboriginal cultural heritage.” It is an offence to fail to comply with the duty of
care. Substantial monetary penalties may apply to individuals or corporations breaching this
duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the
Minister administering the Act can also issue stop orders for an activity that is harming or is
likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural
heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to discuss any
obligations under the ACH Act.
9 PROPERTY NOTES
Not Applicable.
10 PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable.
11 FURTHER DEVELOPMENT PERMITS REQUIRED
Not Applicable.
12 SELF ASSESSABLE CODES
Not Applicable.
13 SUBMISSIONS
Not Applicable.
14 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not Applicable.
15 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from
the Sustainable Planning Act 2009 is attached.
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51994.1308.01
16 OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies of which are
available on line at www.sunshinecoast.qld.gov.au, or at Council offices.
DECISION NOTICE HISTORY
TPC 2711 - Original Decision Notice. 6 September 1994
51994.1308.01 (TPC 2711) - Changes to an Existing Approval 28 February 2012
Yours faithfully
GLEN CONFORTI
PLANNING TECHNICAL OFFICER
Encl. Approved Plans/Documents
Appeal Right
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Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable
Planning Act 2009 (Chapter 7)
466 Appeals about decisions relating to
permissible changes
(1) For a development approval given for a
development application, the following persons
may appeal to the court against a decision on a
request to make a permissible change to the
approval—
(a) if the responsible entity for making the
change is the assessment manager for
the application—
(i) the person who made the
request; or
(ii) an entity that gave a notice
under section 373 or a pre-
request response notice about
the request;
(b) if the responsible entity for making the
change is a concurrence agency for the
application—the person who made the
request.
(2) The appeal must be started within 20 business
days after the day the person is given notice of
the decision on the request under section 376.
(3) Also, a person who has made a request under
section 369 may appeal to the court against a
deemed refusal of the request.
(4) An appeal under subsection (3) may be started at
any time after the last day the decision on the
matter should have been made.
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