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Decision Notice - DBW23 0044 [As Published] · DBW23/0044
Officer: Samuel Osakwe
Direct Telephone: 07 5329 6316
Our Reference: DBW23/0044
Your Reference: 2023-21
7 November 2023
Mrs AG Lawless
C/- Danya Cook Town Planning
PO Box 9410
PACIFIC PARADISE QLD 4564
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 6 November 2023, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: DBW23/0044
Street address: 25 Mermaid Quay, Noosaville
Real property description: Lot 352 RP 856170
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Building Work Assessable Against the Planning Scheme –
Dwelling House
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
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 of the building commencing, and then compliance maintained at all times while the
use continues.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Currency Period
2. This development approval lapses if the works have not substantially started by 6 November
2025, unless an application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Building Works*.
Plan No. Rev. Plan/Document Name Date
BA.10 E Elevations – Proposed, prepared by 17/10/2023
dennishillarchitect
BA.11 E Sections – Proposed, prepared by 17/10/2023
dennishillarchitect
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
BA.06 I Ground Floor – Proposed, prepared by 17/10/2023
dennishillarchitect
Amendments • The total length of all buildings or parts, of any class (including
the garage and alfresco) within the western boundary setback
must not exceed 9 metres in length.
• The planter bed within the revetment wall setback is not
supported and must be removed from the plans
BA.07 I Upper Level – Proposed, prepared by 17/10/2023
dennishillarchitect
Amendments • The total length of all buildings or parts, of any class (including
the garage and alfresco) within the western boundary setback
must not exceed 9 metres in length.
BA.09 E Elevations – Proposed, prepared by 17/10/2023
dennishillarchitect
Amendments • The total length of all buildings or parts, of any class (including
the garage and alfresco) within the western boundary setback
must not exceed 9 metres in length.
• The windows located on the upper level western wall to the
master suite, retreat and office of the dwelling must be revised
as per Condition 7 below.
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*(Refer to Advisory Note)
Building Height
4. The maximum height of the development must not exceed 8 metres above the ground level.
Boundary Wall
5. The total length of all buildings or parts, of any class within the western boundary setback
must not exceed 9 metres in length and have a mean height* of not more than 3.5m
*(Refer to Advisory Note)
External Colours & Finishes
6. External colours and finishes must be of muted environmental tones that blend with the
surrounding vegetation and landscape, with broad expanses of a single colour or reflective
surfaces not permitted.
Protection of Privacy
7. To ensure privacy is protected between adjoining properties, the windows located on the
upper level western wall to the master suite, retreat and office of the dwelling must either:
a. have a minimum window sill height or 1.75 metres above floor level; or
b. be fitted with translucent glazing; or
c. be fitted with a fixed external screen.
Car Parking
8. A minimum of 2 covered car parking spaces must be provided on site and made available
and accessible at all times for residents.
Lighting Amenity
9. No flood lighting must be used on site. Any vertical illumination resulting from direct, reflected
or other incidental external lighting emanating from the site must not exceed 8 lux when
measured at any point 1.5 metres outside the boundary and at any level from ground level
upward.
Environment
10. Sediment or any other material including building materials or waste products must not be
deposited or released into the road reserve, stormwater drain or adjacent properties.
Stormwater Drainage
11. Stormwater runoff from the development must be discharged to Mermaid Quay without
causing scour or damage to the subject site or any adjoining property.
Damage to Services and Assets
12. 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.
Bonds
13. A site compliance bond of $5,000 is to be submitted to Council prior to the commencement
of works. The commencement of works can only commence once Council's Construction
Engineering Officer has confirmation that the bond monies have been received by Council.
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The bond will be refunded less any costs incurred by Council in ensuring compliance with
these conditions or any additional inspections incurred for substandard work or work
undertaken not in accordance with this permit.
14. Bonds must:
a. meet the requirements of council’s relevant Planning Scheme Policy for performance
and uncompleted works;
b. be lodged with Council and accompanied by the Bond Administration Fee/s; and
c. be requested for release by writing to Council, when relevant approval requirements
have been met.
Earthworks
15. All earthworks and associated retaining structures/batters 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.
16. Earthworks carried out on site must not affect the structural integrity of the revetment wall,
existing fences or other structures that border the subject site. Fences that are affected must
be replaced in a timely manner and in consultation and agreement of the owners of the
related properties.
Revetment Wall / Flood Storage
17. All works must be carried out generally in accordance with the approved plans Existing &
Proposed Site Plan (33030-OW1.1) prepared by SCG Consulting dated August 2023.
18. All works for the purpose of increasing available flood storage must be located within the
4.5m setback from the revetment wall.
19. Certification of the completed works within the 4.5m setback from the revetment wall must
be submitted to Council within 3 months of the completion of the works. The certification must
be prepared by a RPEQ (Registered Professional Engineer of Queensland) and state that
the works:
a. have not negatively impacted the stability of the revetment wall or negatively impacted
the associated membrane;
b. have not reduced the available flood storage within the lot from the profile as described
in The Noosa Plan 2020 – Low Density Residential Zone Code; and
c. meet the relevant conditions of this approval.
Landscaping Works
20. A minimum of 20% of the site must be retained as soft landscaping.
21. Where excavations result in a cut face greater than 0.5m, suitable landscaping is to be
installed to soften the visual impacts of the excavations to the Noosa Waters’ Canal for the
full length of the cut face. Landscaping is to be of a suitable species and in accordance with
Noosa Plan 2020 Planning Scheme Policy PSP2 Landscaping.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
33030-OW1.1 - Existing & Proposed Site Plan, prepared by SCG August 2023
Consulting
6. REFERRAL AGENCIES
Not applicable.
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7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Resubmission of Amended Plans Required
1. The conditions of this Decision Notice require resubmission of plans to Council with
amendments. Please address the amended plan/s to Council’s Development Assessment
Branch with the Reference No.DBW23/0044.
Mean Height
2. Mean height means the vertical height as defined by the Queensland Development Code.
Infrastructure Charges
3. 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
Property Driveway and Vehicle Crossover
4. The planning scheme declares for the construction of a driveway and vehicle crossover to
the property to be Accepted Development subject to meeting the requirements of the Low
Density Housing Code. If the proposed driveway and vehicle crossover does not comply with
each Acceptable Outcomes contained in the Code, a Development Permit for Operational
Work is required to be obtained from Council.
*http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20A
pplication%20Pack.pdf
Sustainability
5. Council encourages sustainable and energy efficient building design for all development,
including the use of sustainable building materials, energy efficient fittings, solar hot water,
photovoltaic systems (including the use of inverter/charges), solar panels, water saving
devices and rainwater harvesting.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building works.
11. SUBMISSIONS
Not applicable.
12. 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
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Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
13. 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,
Samuel Osakwe
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
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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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