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Amended Decision Notice - Minor Change - DBW21 0026 01 [As Published] · DBW21/0026.01
Officer: Andrew Gaffney
Direct Telephone: 07 5329 6284
Our Reference: DBW21/0026.01
Your Reference: 2022 0109
23 February 2024
Allegro Capital Nominees Pty Ltd
C/- Pure Building Approvals
PO Box 1632
BUDERIM QLD 4556
[email protected]
Dear Sir/Madam,
Amended Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 7 December 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: DBW21/0026.01
Street address: 21 Maher Terrace, Sunshine Beach
Real property description: Lot 747 RP 48111
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 1 October 2021.
• Development Permit for Building Works - Dwelling House
In relation to the request to make a minor change to the existing approval, Council on 9 February
2024, decided to approve the requested changes. The changes are detailed below.
A. Approved the change; and
B. Amend conditions 2, 19 and 20.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
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
PLANNING
When Conditions must be Complied With
1. 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
2. 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
A_SD_0021 D Proposed Site Plan, prepared by Kelder 23.01.2024
Architects
A_SD_0090 F Proposed Basement Plan, prepared by Kelder 23.01.2024
Architects
A_SD_0100 F Proposed Ground Plan, prepared by Kelder 23.01.2024
Architects
A_SD_0101 D Proposed Upper Plan prepared by Kelder 23.01.2024
Architects
A_SD_0105 C Proposed Roof Plan, prepared by Kelder 23.01.2024
Architects
A_SD_0200 F North and South Elevations, prepared by Kelder 23.01.2024
Architects
A_SD_0201 B East and West Elevations, prepared by Kelder 23.01.2024
Architects
A_SD_0300 D Proposed Sections, prepared by Kelder 23.01.2024
Architects
A_SD_0301 D Proposed Section, prepared by Kelder 23.01.2024
Architects
A_SD_0302 C Proposed Section, prepared by Kelder 23.01.2024
Architects
A_SA_03000 B Street View from Maher Terrace, prepared by 23.01.2024
Kelder Architects
Built Form
3. The maximum height of the development must not exceed 8 metres and 2 storeys.
4. 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.
5. Site cover must not exceed the site cover as shown on the approved plans and in accordance
with the site cover definition in Noosa Plan 2020.
6. The side of the building adjacent to the western boundary, including any concrete posts, must
be setback a minimum of 1.5m where up to 4.5m in height.
Currency Period
7. This development approval lapses if the use has not happened by 1 October 2027, unless
an application to extend the currency period is approved by Council.
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Performance Bond
8. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to the
pre-start meeting. 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.
Landscaping
9. A minimum of 20% of the site must consist of/be retained as soft landscaping.
10. Existing vegetation in the road reserve must be retained, unless written authorisation from
Council is granted for the clearing.
11. Trees to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape
b. installing protective fencing around the drip line of the vegetation
c. restricting stockpiling, storage and vehicle parking to those areas which are already
cleared
d. using low impact construction techniques around vegetation.
12. Screening vegetation must be planted along the eastern boundary (adjoining No.19 Maher
Tce) from the front boundary as per the approved plans in accordance with Council’s
Planning Scheme Policy PSP2 - Landscaping. The planted vegetation must have a minimum
pot size of 100 litres and consist of native, endemic species with a mature height of not less
than 8 metres and a minimum spacing of 1.5 metre centres in locations as shown on the
approved plans.
ENGINEERING
Site Access and Driveways
13. A sealed access driveway must be provided from Maher Tce to all parking and manoeuvring
areas of the development. The works must be undertaken in accordance with an Operational
Works approval and must include in particular, a driveway crossover generally in accordance
with:
a. Council’s Standard Drawings RS-049 and RS-050;
b. Kelder Architects’ drawing No. A_SD_0021, Rev C, titled “Proposed Site Plan”; and
c. Kelder Architects’ drawing No. A_SD_0300, Rev C, titled “Proposed Section”.
Stormwater Drainage
14. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with an Operational Works approval
and generally in accordance with SCG’s drawing No. 31158-C2.1, dated July 2021, titled
“Site Stormwater Drainage Plan”.
Services
15. Unless otherwise stipulated by telecommunications legislation at the time of construction, the
development must be provided with all necessary conduits, pits and pipes to accommodate
the future connection of optic fibre technology telecommunications.
Easements
16. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
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17. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
18. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
19. All earthworks must be undertaken generally in accordance with:
a. the recommendations of the report prepared by Tectonic Geotechnical &
Environmental Engineers for the subject site, No. 21236-001-Rev0, dated 16 July
2021, titled “Geotechnical Investigation”; and
b. SCG’s drawing No. 31158-C1.1, dated July 2021, titled “Proposed Earthworks
Control”.
20. All earthworks and retaining structures must:
a. be supervised by a Registered Professional Engineer of Queensland (RPEQ),
and
b. certification of the completed works by a Registered Professional Engineer of
Queensland (RPEQ) must be submitted to Council prior to the commencement of the
use.
21. All earthworks and associated retaining structures/batters, both above and below ground
level and both temporary and permanent, 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.
22. Earthworks carried out on site must not affect the structural integrity of any of the adjoining
lands and/or buildings and/or structures and/or services.
23. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
Damage to Services and Assets
24. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. 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.
Demolition
Demolition
25. Security to the value of $5,000 must be provided to Council prior to the issue of the
development approval for building works. The security must be in the form of a cash bond or
bank guarantee, for security against satisfactory completion of works.
26. Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel,
bridges or roadways at the removal site, the new site or between the sites must be repaired
or reinstated to at least pre-existing conditions.
27. All waste materials are removed from site.
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28. Litter, erosion and sediment control measures are to be installed and/or maintained until soils
are stabilised by vegetation or sealed. NB: it is an offence under the Environmental Protection
Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants to enter a
waterway or storm water drainage system (e.g. roadside gutter).
29. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
30. Asbestos removal work (Section 466) of the Work Health and Safety Regulation
2011 requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
commences. Notification must be made using Form 65: Notification of licensed asbestos
removal work, demolition work or emergency demolition.
31. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008. NB: Asbestos is a Regulated Waste. The Department of Environment &
Science licenses businesses that transport asbestos waste, and landfills that accept this
waste.
32. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging are removed from the building prior to demolition/relocation.
33. It is a requirement of the ‘Plumbing and Drainage Regulation 2019’ that at demolition of a
building classed 1-10, the existing sanitary drain upstream from the connection point for a
service provider’s sewerage system must be sealed water tight. This work is deemed as
Notifiable Work and must be carried out by a suitably licenced plumber who shall submit an
As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
Construction Commission) within 10 days of completing the work.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Co-ordination of Operational Works Assessment
1. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Infrastructure Charges
2. 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
Building and Construction Industry (Portable Long Service Leave) Levy
3. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Private Infrastructure
4. All private infrastructure for the development must be designed to meet the planning scheme
requirements unless otherwise agreed by the relevant authority
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Demolition Bond
5. The lodgement of security will attract a separate administration fee which must be paid at the
time of lodgement of the security.
Upon completion of the demolition works, the release of the security will be as follows:
• Upon satisfactory site inspection by Council.
• Confirmation that all relevant conditions have been met.
• Receipt of the Form 21 Final Inspection Certificate and a copy of the Form 4 (Notifiable
Works Form).
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 Operational Works Road work, Stormwater, Drainage work,
Landscaping, Vegetation Clearing.
Development Permit for Building Works All building work.
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 on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Andrew Gaffney
Senior Development Planner
Enc: Appeal Rights
Approved Plans/Documents
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DECISION NOTICE HISTORY
• Original Decision Notice – 1 October 2021.
• Decision Notice - Minor – DBW21/0026.01 – 9 February 2024, with an amendment to conditions 3, 19 & 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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