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SUPERSEDED - Decision Notice - Minor Change - 51993 564 01 [As Published] · 51993.564.01
Officer: Samuel Osakwe
Direct Telephone: 07 5329 6316
Our Reference: 51993.564.01
Your Reference: 2023-25
11 August 2023
RH Noakes & CT Noakes
C/- Danya Cook Town Planning
PO Box 9410
PACIFIC PARADISE QLD 4564
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 13 June 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: 51993.564.01
Street address: Sonoma 1/10 Sunseeker, Close
Real property description: BUP 100158, Lot 1 BUP 100158 BUP 100158
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 31 August 1993.
• Town Planning Consent Permit – Duplex Dwelling
In relation to the request to make a minor change to the existing approval, Council on 1 August
2023, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend condition 1.
C. Include additional conditions 20 and 21.
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. Development undertaken in accordance with this approval must generally comply with the
approved plans of development and may be amended by these conditions and annotations
on the plans.
Plan No. Rev. Plan/Document Name Date
2 A Site Plan, Prepared by Suncoast Building Design 27.06.23
(Council annotation)
5 A Ground Floor Plan, Prepared by Suncoast Building 27.06.23
Design
6 A Ground Floor Dimension Plan, Prepared by Suncoast 27.06.23
Building Design
7 A First Floor Plan, Prepared by Suncoast Building 27.06.23
Design
9 A Elevations (Elevation 1 & 2), Prepared by Suncoast 27.06.23
Building Design
10 A Elevations (Elevation 3), Prepared by Suncoast 27.06.23
Building Design
2. Provision of at least 3 off-street car parking spaces, comprising 2 covered spaces and 1
uncovered spaces, and access thereto which are to be provided with a sealed pavement and
designed, drained, constructed and maintained in accordance with the Planning Scheme,
Council’s Polices and to the reasonable satisfaction of the Shire Engineer. Plans and
specifications for these works are to be submitted to the Shire Engineer for approval in
Conjunction with the Building Application. A Building Approval shall not be granted until the
shire Engineer has approved of the carparking and access scheme.
3. There is to be no detrimental effect upon the amenity of neighbourhood by reason of the
creation of excessive noise, lighting nuisance or other emissions.
4. The open space and setback areas are to landscaped in accordance with Council’s Policy
on Landscaping Guidelines and a properly prepared landscape plan to be submitted to and
approved by the Shire Planner, prior to the issue of a Building Approval. Such landscaping
is to be completed in accordance with the approved landscape plan, prior to the premises
being occupied and maintained at all time thereafter to the reasonable satisfaction of the
Shire Planner.
The landscaping plan is to indicate dense screen planting in front of the visitor carparking
area and turning areas.
5. Any fencing provided in conjunction with the development is to be set back an average of
two (2) metres to any road frontage pursuant to clause 36 (6) (c) of the Schedule to the
Planning Scheme.
6. Construction work and other associated activities are permitted only during the hours of
7.00a.m to 6.00p.m Monday to Saturday. No work is permitted on public holidays, except
where extended hours are approved by the Building Surveyor.
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7. Payment of contributions in accordance with Council’s Policy on Water Supply and Sewerage
Headworks. An estimate only of the charges as at April, 1993 under the current policy is as
follows: -
Water Supply $3176
Sewerage $1944
TOTAL: $5120
Headworks contributions shall be calculated and paid in accordance with one of the following
alternatives: -
a. Prior to the issue of a Building Approval, in the amount calculated under the Policy at
that date: or
b. Deferred to the soonest of the following dates: -
i. Prior to Council sealing plans of the development for titling purposes;
ii. Prior to the issue of a Certificate of Classification for any building approved under
this application; or
iii. Prior to commencement of the approved use at the relevant premises.
Where the option of a deferred payment is used in accordance with b. above, the
following conditions shall also apply: -
A. Prior to the issue of Building Approval, a trading bank guarantee is to be submitted
to the value of the headworks which are due, plus 20%.
B. The subsequent payment of headworks shall include interest charged at the rate
set by the Queensland Treasury Corporation for Local Government borrowings as
they apply to Noosa Shire and current at the time the trading bank guarantee is
submitted.
C. Should the contributions not be paid at the due time, Council shall call upon the
sum secured by the trading bank guarantee.
D. The trading bank guarantee will be returned on payment of the required
contributions plus interest or on expiry of the relevant Building Approval, whichever
is the sooner.
8. The footpath across the frontage of the site is to be upgraded by the provision of a 1.2 metres
wide concrete footpath and the forming, grassing and topsoiling of the remaining area to the
satisfaction of the Shire Engineer. The footpath is to be generally located 0.9 metres from
the property alignment and is to be integrated with any existing slopes and vegetation within
the road reserve.
9. The developer shall bear the cost of alteration of any public utility or other facilities
necessitated by the development of the land or associated construction works external to the
site.
10. Connection to Council’s existing water supply and sewerage reticulation systems at the
developer’s expense to the standards and requirements of the Shire Engineer.
11. The developer shall provided a metered water connection from the water supply system to
the proposed development, in accordance with Council’s standards and to the satisfaction of
the Shire Engineer.
12. Roof and surface water is to be collected on site and is to be discharged through a single
underground drain line into existing drainage in Sunseeker Close to the satisfaction of the
Shire Engineer. A Building Approval shall not be granted until the Shire Engineer has
approved of the drainage scheme.
13. Provisions of approved refuse containers in accordance with the requirements of the Refuse
Management Regulations of 1983 for the storage and collection of refuse to the satisfaction
of the Environmental Health Officer.
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14. Provision of an imperviously paved area upon which to stand all refuse containers together
with a suitable enclosure, if required, to enclose the refuse container area to the satisfaction
of the Environmental Health Officer.
15. Any flat or unit intended to be let out for fee or reward is to be licensed annually with Council’s
Health Department in accordance with the provisions of Chapter 43 of Council’s By-Laws
prior to such letting.
16. Submission of a cash bond or trading bank guarantee to the sum of $3000 to secure
performance of conditions, prior to the issue of Building Approval. The cash bond or trading
bank guarantee will be returned upon performance of the conditions of approval.
17. The provisions of this approval are to be effected, prior to the commencement of the
approved use. Council reserves the right to call upon the bond or guaranteed sum referred
to in this approval for the purposes of litigation should the use not be conducted in
accordance with this approval.
18. The Town Planning Consent Permit may be revoked pursuant to Section 4.14 of the Local
Government (Planning and Environment) Act if commencement of erection or works have
not been made in accordance with that Permits or the rights conferred by the Permit are not
exercised within two (2) years if the date of issue of the Permit.
19. The Town Planning Consent Permit lapses where: -
a. The use or erection of a building or other structure associated with the use, has not
been commenced with in four (4) years of the date of issue of the Town Planning
Consent Permit, unless application is made and approved by Council for an extension;
or
b. The use of any premises pursuant to the Town Planning Consent Permit ceases for a
period of twelve (12) months.
Additional Conditions – 1 August 2023
External Colours & Finishes
20. External colours and finishes must be of muted environmental tones that complements the
existing building and blend with the surrounding vegetation and landscape, with broad
expanses of a single colour or reflective surfaces not permitted.
21. A ‘no clearing zone’ must be established and maintained over the existing trees on the site
and in the road reserve. The following activities must not be carried out within the no clearing
zone:
a. Clearing, cutting down, poisoning, lopping or pruning of native vegetation, which
is indigenous to, or planted within, the zone;
b. Soil/spoil dumping and/or compacting; and
c. Soil excavation, other than for planting indigenous native plants.
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:
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
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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 Building Works All Building Works
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,
Samuel Osakwe
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 31 August 1993.
• Decision Notice - Minor – 51993.564.01- 1 August 2023, with an amendment to conditions 1 and additional conditions 20 & 21.
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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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