Minor Change Existing Approval 132004.240120.3

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	132004.240120.3
Your Reference:	n/a
23 August 2019
Mr J Krimmer
C/- Pivotal Perspective Pty Ltd
4/59 Mary St
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir/Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 29 July 2019, requesting a minor change to an existing development approval. Council on 22 August 2019, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	132004.240120.3
Street address:	26 Arakoon Cres Sunshine Beach Qld 4567
Real property description:	Lot 795 RP 48111
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 14 October 2004
Development Permit for Material Change of Use of Premises – Dwelling in Sand Dune Problem Area
In relation to the request to make a minor change to the existing approval, Council on 22 August 2019, decided to approve the requested changes. The changes are detailed below.
Approve the Change
Delete reference to EPA being a Referral Agency
Amend conditions 1 and 50
currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development prepared by Gabriel & Elizabeth Poole – Design Company.  The approved plans are WD 1.1 Rev B, WD1.2 Rev B and WD2.2 Rev B dated 12 July 2006 and WD1.3 Rev A, WD1.4 Rev A, WD1.5 Rev A, WD 2.1 Rev A, WD2.3 Rev A, WD3.1 Rev A, WD3.2 Rev A, WD3.3 Rev A, WD3.4 Rev A WD, 3.5 Rev A, and WD 3.6 Rev A dated 24 April 2006 and as may be amended by these conditions.
The alterations and additions marked in red on plans of development prepared by sparkes architects.  The approved alterations and additions are SD1.1 Rev01, SD1.6 Rev01, SD1.7 Rev01, SD2.1 Rev01, SD2.2 Rev01, SD3.1 Rev01 and SD3.2 Rev01 dated 3 July 2019 and as may be amended by these conditions.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, nuisance or other emissions.
The cantilevered deck is limited to a maximum width of 4.5 metres seaward of the Coastal Building Line.  No ancillary building works including swimming pools, retaining walls and landscaped terraces are to be established seaward of the Coastal Building Line.
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.
Rehabilitation and additional planting of dunal vegetation endemic to the Eastern Beaches Locality is to be implemented to all remaining land seaward of the cantilevered deck.  This landscaping is to incorporate a diversity of native tree species and understorey plantings.  No turfing is permitted seaward of the cantilevered deck.  Landscape areas in front of the proposed dwellings view corridor shall include large shrubs with an average height of 3 metres and ground covers.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use. The landscaped plans referred to above are to denote areas of existing vegetation or existing trees proposed to be retained.
Any fencing provided to the seaward boundary between the dwelling and the beach front is to be:
Open style;
Of darker colours that blend with the natural landscape;
Not exceed 1200mm in height;
Constructed of lightweight materials; and
Access ways or gates to gain direct access to the beachfront shall not to be installed in the fence.
Any deck areas are not to be enclosed with shutters, glass panelling or the like, thus remaining as open structures.
Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works.  The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any cost incurred by Council in respect of enforcing performance of this approval.
Building height in metres is not to exceed (2) storeys and (8) metres measured vertically at any point from both the natural ground level and the finished ground level at any point of the building.
The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to obtaining a Development Permit for building works.
This Development Permit for a Material Change of Use of Premises lapses if: -
the use or erection of a building or other structure associated with the use, has not been commenced by 14 October 2008, unless application is made and approved by Council for an extension; or
the use of any premises pursuant to the Development Permit is abandoned.
Land Development
Vehicle Access
The driveway shall be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming.  Should any driveways be constructed to grades that do not comply with AS/NZS2890.1:2004, Council will require that the driveway be removed and reconstructed to levels that do comply.
The proposed garage and driveway shall be generally in accordance with the submitted plans Dwg No. WD 1.2 Rev B dated 12 July 2006 by Gabriel & Elizabeth Poole Design Company and Dwg No. 369700-SW04 C dated 18 May 2006 by Lincolne Scott Consulting Engineers, and in compliance with the Australian Standard AS2890.1:2004 to prevent cars from bottoming and shall alleviate the potential of stormwater runoff entering the garage.
Kerb and road storage along the frontage of the site and an overland secondary flowpath around the dwelling shall be designed to cater for Q100 storm event.  Justification of this will be submitted with the operational works application.
Shrubs on the northern side of the driveway shall be trimmed to improve the sight distance for reversing from the garage.
Carparking
Two carparking spaces shall be provided within the site as shown on plan Dwg No. WD 1.2 Rev B dated 12 July 2006 by Gabriel & Elizabeth Poole Design Company, except as modified herein.
Vegetation Protection
The applicant, his contractor/s or any person acting on this permit shall ensure not to damage the existing natural vegetation seaward of the 15 metre Building Setback Line or their root system in anyway whatsoever.  To this effect temporary fencing should also be provided to protect this vegetation and the sand dune slope during construction. Under no circumstances is the vegetation on the dune slope to be removed.
In this regard plans shall be submitted to the Council for approval that clearly show the type and extent of the temporary fencing and stockpiling of materials and/or equipment prior to obtaining a Development Permit for Operational Works. This information can be included in the required Construction Management Plans or the Erosion and Sedimentation Control Plans.
Construction equipment or stockpiled materials should be located clear of the dune slope (approx. RL20.5) by a minimum distance of 3m at all times.
Roadworks Contributions
A roadworks contribution of $2,524 towards the Coastal Major Road Network in accordance with Planning Scheme Policy PSP42, shall be paid to the Council prior to obtaining a Development Permit for Operational Works. This amount will be subject to variations in the Price Index, All Groups Brisbane from June 2004 until the date of payment.
Pathway Contributions
A pathway contribution of $246 towards external major pathways, in accordance with Planning Scheme Policy PSP41 Coastal Major Pathway Contributions, shall be paid to the Council prior to obtaining a Development Permit for Operational Works. This amount will be subject to variations in the Price Index, All Groups Brisbane from June 2004 until the date of payment.
Stormwater Drainage
All roof stormwater drainage shall be collected on site in an underground water tank with overflow discharge pipes connected to a seepage unit as shown on Dwgs: WD 1.4 Rev A, WD 3.1 Rev A and WD 3.6 Rev A by Gabriel & Elizabeth Poole Design Company all dated 26 May 2006 and Dwgs: 369700-SW04 Rev C 369700-SW06 Rev C by Lincolne Scott both dated 18 May 2006, except for a modification to connect the garage roof stormwater downpipe into the existing stormwater gully pit in Arakoon Crescent opposite to the site.  The seepage unit shall be wrapped by filter fabric or geo-fabric and be designed and installed according to the manufacturer/supplier specification and recommendations. A Development Permit for Operational Works for this work is required.
All stormwater runoff from the landscaped areas and the seepage collected between the Pile Wall and the building walls shall be drained into a seepage unit/s wrapped by filter fabric or geo-fabric and designed and installed according to the supplier specification and recommendation.
All site stormwater drainage shall be by means of a gravity system.
Any water discharged from pools or ponds should be piped or pumped to the sewer system, not to the stormwater system.
There is to be no uncontrolled discharge of water onto the dune slope, all stormwater is to be collected and discharge in accordance to the Hydraulic Engineer’s recommendations.
Sewer Mains
The site shall be connected to Council’s existing sewerage reticulation systems in accordance with CHBSE sewer pump and connection plan (Dwg No 1244-2 dated 15/07/04) and Council’s standards and requirements.
The sewer pumping system shall have a 12 hour storage capacity and alarm system on pump failure notifying a 24 hour monitoring service.  The system shall also have less than one hour detention including during occupant absence and include a flushing system if required as part of this design.  Engineering plans for the sewer reticulation system shall be submitted to Council for approval prior to obtaining Development Permit for Operational Works.
All stormwater runoff from the landscaped areas and the seepage collected between the Pile Wall and the building walls shall be drained into a seepage unit/s wrapped by filter fabric or geo-fabric and designed and installed according to the supplier specification and recommendation.
Service Easements
A registered easement shall be created over the existing sewer main that crosses the property along the northern boundary of the site.  The easement shall generally be parallel to and centred over the sewer main and be equivalent in width to twice the depth to invert level of the sewer at the deepest point within the allotment (measured from the finished surface). The easement over this property shall be of an adequate width to provide a minimum of 1.5m clearances between the centre of the sewer pipeline and the proposed dwelling.
In this regard, plans submitted for Operational Works approval shall accurately show the location of the easement.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in writing that the Title Deed and the easement documents will be lodged at the Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the use commencing. Any changes required by Council’s Solicitor must be corrected immediately.
The easement shall be created at no cost to Council.
Earthworks and Pile Wall
The proposed relocation of the existing sewer line near the northwest corner of the property shall be carried out generally according to Construction Hydraulic Building Service Engineers’ (CHBSE) sewer diversion plan Dwg No 1244-1 dated 8 July 2004.  At any point along the centre of sewer line, the distance between the obvert of the pipeline and the finished surface shall not exceed a maximum of 1.5m measured in perpendicular direction to the sewer line. The applicant shall obtain a Development Permit for Operational Works for this work.  All costs associated with the relocation of the sewer line and any related roads restoration works shall be borne by the applicant.
By means of enquiries to the appropriate authorities and field survey, the applicant shall locate all existing services near to the proposed Contiguous Pile Wall and the supporting anchors to ensure that no damage shall be caused to these services due to the construction of this wall or the supporting anchors.
Pre-construction and post-construction Closed Circuit TV (CCTV) inspections and photographic recording of the internal conditions of the existing and the relocated sewer lines that run along the north and the west boundaries of the development site shall be carried out to detect any damage or subsidence might happen due to the construction of the Pile Wall or installation of cable anchors.  Computer CDs of these inspections shall be submitted to Council with report and layout plan indicating any found faults, damage and subsidence in the pipeline.
The applicant will be responsible to repair any damage to the sewers caused by the construction operation.
Earthworks or the Sheet Pile Wall construction shall not affect the structural integrity of any of the existing fences (unless it is intended to replace such fences) or structures or lands that border the development site.  In this regard any fences to be replaced shall be clearly shown on the plans submitted for Operational Works approval.
The use of vibrating installation techniques for sheet piling and any other vibration causing construction techniques for excavating, earthmoving, demolition or compaction, including vibrating rollers, is not permitted.
Where used, anchors shall be de-stressed following the construction of the internal walls to be removed or to become obsolete and remain in soil at a minimum depth of 3.0 m below the surface of the road.
Also, the design and the construction methodology of the pile wall shall be assessed and approved by a Geotechnical engineer who shall undertake soil surveys and audit inspections during the construction of the pile wall, excavation and cable anchors stressing and de-stressing.  Copies of all inspection reports are to be submitted to Council within 5 business days of the inspection taking place.
Boundary wall movement shall be monitored throughout construction by a RPEQ and if movement occurs construction is to be stopped immediately and appropriate action is to be taken to arrest the movement.  Also, the matter shall immediately be reported to Council’s supervising officer.  Further work shall only take place after a re-assessment of the conditions on site and clearance by Council.
Detailed design plans of the sheet pile wall and the temporary anchors including the locations of all existing services near the wall or the temporary anchors together with construction methodology report shall be submitted to Council for its information prior to obtaining the Development Permit for Operational Works.  The design plans and the report shall be certified by a suitably experienced RPEQ.
The cavity between the Pile Wall and the building walls shall be man accessible for the purpose of general maintenance as it was advised by the structural engineer (Rod Tanner of Bligh Tanner Pty Ltd, letter dated 1/09/2004).
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.  Also, all nearby and downstream drainage pits shall be provided with silt barriers, the accumulated silt at the barriers shall be removed and disposed of appropriately and regularly.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
General
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.  Where necessary Council may carryout the repair and charges the applicant the full cost of the repair.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.  Washing of construction vehicles, machinery or equipment.
Building Services
A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion of the work confirming compliance with the maximum building height above natural surface, required by the provisions of the Planning Scheme.
Proposed building works to be undertaken strictly in accordance with conditions and recommendations of site specific geo-technical report regarding Slope Stability and Landslide Hazard from Soil Surveys Engineering Pty Ltd Reference Number 3-2014 LT sg 2006-04-24 (Job Number 304-2014), together with the following conditions:-
There is to be no uncontrolled discharge of water onto the slope.
Stripping of vegetation for construction purposes should be minimised.  If vegetation is destroyed it should be reinstated immediately after construction is completed.
Additional load due to fill, construction equipment or stockpiled materials should not be located on the dune slope.
The use of vibratory equipment of any kind is not permitted to be used, including vibrating rollers, the use of vibrating installation techniques for sheet piling and other construction vibrations caused by excavating, earthmoving or demolition machinery or other similar construction techniques.
The construction management plan is to be adhered to.
A condition survey is to be carried out of adjoining buildings, structures and services prior to any construction works taking place on site.  If distress already exists, a photographic survey shall be undertaken, the distress measured and a plan to monitor changes to distress shall be implemented.
Boundary wall movement shall be monitored throughout construction by a RPEQ and if movement occurs construction is to be stopped immediately and appropriate action is to be taken to arrest the movement.  Further work shall only take place after a re-assessment of the conditions on site.
A RPEQ is to be engaged by the client to oversee the piling works.
The applicant’s Geotechnical engineer will be required to be on site for the whole of the time during any excavation.  The construction of the whole of the foundations is to be supervised and directed on site by a consulting Geotechnical engineer.  No work of any such kind relating to the foundations shall be carried out if the geotechnical engineer is not on the site and supervising and directing this work.  Such works shall only be carried out during dry weather conditions and if there is a risk of sand movement occurring, all work shall be suspended until such steps, approved by the applicant’s Geotechnical engineer and the Council’s Building Surveyor, have been taken to ensure that no further slippage will result.
The garage is to be set back to the road boundary as shown on the approved plan of development.
The dwelling is to be set back a minimum of 1.2 metres from the southern side boundary as shown on the approved plan of development except alterations and additions marked in red on approved plans of development prepared by sparkes architects, 3 July 2019.
Additional Conditions 25/08/06
The approval is granted over Lot 79 on RP48111 and applies to the works contained therein.  Any works extending into neighbouring properties will require written owner’s consent prior to construction.
No structures greater than 1.0 metre above natural ground to be constructed within the sewer easement. Finished level of retaining walls not to exceed 1.5 metres above the council sewer, fill over the easement not to exceed 1.0 metre above natural ground. Construction of retaining walls to be in accordance with approved plans.
referral agencies
Deleted
advisory notes
The Environmental Protection Regulation 1998 and Local Law No. 12 prevents a builder or building contractor carrying out building work on a building site in a way that makes or causes audible noise to be made from the building work on: -
Monday to Saturday, before 7:00am or after 6:30pm
Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under this legislation.
Pursuant to the Building and Construction Industry (Portable Service Leave) 1991 Act if the cost of operational works exceeds $80,000, then a portable long service levy is required to be paid.  In accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied.  A statutory declaration outlining the cost of the operational works over the site.
Payment via credit card transaction will not be an acceptable method of payment for development contributions conditioned in this permit.
A Registered Professional Engineer of Queensland shall certify engineering drawings and specifications for all engineering works, which shall be submitted in conjunction with an application for a Development Permit for Operational Works.
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required
Development Permit for Operational Works	Landscaping, carparking and access, stormwater disposal, sediment and erosion controls, site civil works, frontage works, sewer reticulation (including sewer mains relocation, sewer pump).
Development Permit for Building Works	Dwelling House
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,

Patrick Murphy
Coordinator Planning

Enc:	Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 14 October 2004.
Negotiated Decision Notice – 17 March 2005 – amendment to conditions 1, 3 and 5
Decision Notice - Minor 25 August 2006 – with amendment to conditions 1, 7, 14, 17, 22, 29, 32, 35, 37, 40 & 47 and inclusion of 2 additional conditions 51 and 52
Decision Notice – Minor 22 August 2019 – delete reference to EPA as Referral Agency, with amendment to conditions 1 & 50

	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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ee) NOOSA COUNCIL