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SUPERSEDED Minor Change Existing Approval 51901 3969 01
Officer: Georgina Schramm
Direct Telephone: 07 53296569
Our Reference: 51901.3969.01
Your Reference: 230213
24 January 2024
DC Johnson & LM Johnson
C/- EarthCert Pty Ltd
PO Box 432
POMONA QLD 4568
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 2 August 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: 51901.3969.01
Street address: Noosa Shores 29/86 Noosa Pde Noosa Heads Qld 4567 Noosa
Real property description: BUP 4053, Lot 29 BUP 4053
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 24 January 1980.
• Town Planning Consent for 30 Multiple Dwelling Units.
In relation to the request to make a minor change to the existing approval, Council on 22 January
2024, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Include additional conditions 16 & 17 relating to Unit 29.
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
1. Compliance with all relevant by-laws and policies.
2. Minimum disturbance to natural flora. No vegetation to be removed other than that which
would impede building operations. Where practicable, re-vegetation to be carried out
following cessation of building activity.
3. Permanent covered car parking to be provided on the site for thirty vehicles, together with
space sufficient for eight visitors’ vehicles. Areas on which vehicles will be driven and/or
parked to be provided with a flexible or other pavement surfaced with bitumen seal coat,
asphaltic or other concrete properly constructed and maintained to good engineering
standards to the satisfaction of the Council’s Engineer. Plans and specifications for such
areas including footpath crossings to be submitted prior to issue of a building permit.
Vehicular access to and from the site to be designed so as to ensure that sufficient area is
available for manoeuvring and turning to permit forward movement to and from the road.
4. Concrete invert and paved access to connect to the existing bitumen road pavement to be
constructed to the satisfaction of the Council’s Engineer.
5. Connection to Council’s sewerage system.
6. Connection to Council’s water supply facility at the applicant’s expense.
7. Stormwater, including that from roofed and paved areas to be disposed of by underground
means to Council’s existing disposal facilities.
8. No earthworks or filling are to be carried out on the site until the requirements of the Council’s
Engineer have been obtained in writing. Such requirements to be obtained prior to the issue
of a building permit.
9. Comply with the reasonable requirements of the Regional Fire Safety Officer.
10. The approval given herein is for Twon Plan Consent only and does not imply either the issue
of a building permit or Council consent to an application under the Group Titles Act or Building
Unit Titles Act.
11. This approval will lapse if not availed of within two (2) years in accordance with clause 2 (2)
of Part II of Council by-laws Chapter XLIV – Town Planning.
12. A certificate of alignment to be submitted with the application for a building permit and/or an
identification survey to be carried out by an authorised surveyor at the time of the foundation
inspection.
13. To ensure compliance with any and all conditions of this approval, council will require that
you enter into a Bank Bond to guarantee performance. The value of such bond would be
determined and would need to be lodged prior to issue of a building permit and any costs
incidental thereto will be the applicant’s responsibility.
14. The conditions of this consent are to be completed prior to occupancy of the building and if
this is not done, Council reserves the right to call on bond moneys lodged to carry out the
works involved.
15. Council’s approval is conditional upon a minimum setback of Noosa Parade for all parts of
the building not less than 4.5 metres. A soil investigation report will be required prior to the
issuance of a building permit.
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Additional Conditions – 22 January 2024 (Lot 29 BUP 4053)
Approved Plans
16. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
A103 - Proposed Floor Plan prepared by Collins Building 21.07.2023
Designs
(Annotated by Council)
17. The notated “owners study / lockable storeroom” as shown on the approved plans is not to
be used as a bedroom.
5. ADVISORY NOTES
Infrastructure Charges
1. 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
6. PROPERTY NOTES
Not applicable.
7. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works Building Certification
8. SUBMISSIONS
Not applicable.
9. 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.
10. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Georgina Schramm
Development Planner
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Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 24 January 1980 – TPC 1050
• Decision Notice - Minor 51901.3969.01 – 22 January 2024 - additional conditions 16 and 17.
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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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