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Decision Notice - DBW23 0110 [As Published] · DBW23/0110

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                                                                                  Officer:            Georgina Schramm
                                                                                  Direct Telephone:   07 5329 6569
                                                                                  Our Reference:      DBW23/0110
                                                                                  Your Reference:     20210513

               6 December 2023


               DA Hynd & SA Hynd
               C/- Adapt Development Management P/L
               PO Box 7618
               SIPPY DOWNS QLD 4556
               [email protected]



               Dear Sir/Madam,
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 1 December 2023, Council decided to approve the
               application, subject to conditions.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              DBW23/0110

                   Street address:              Noosa Terrace 9/83 Noosa Parade, Noosa Heads

                   Real property description:   Lot 9 GTP 910

                   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 - Change
                       to Multiple Dwelling Unit 9
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER CONDITIONS

                       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.




               ABN 97.969.214.121                                                                PO Box 141
               noosa.qld.gov.au                                                           Tewantin QLD 4565
               [email protected]                                                           07 5329 6500
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Page 2

               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

                        WD.201              DA      Main Level Plan prepared by Aboda Design 25.09.2023
                                                    Group

                        WD.601              DA      Sections prepared by Aboda Design Group          25.09.2023

                      The following plans require amendment.

                        Plan No.            Rev.    Plan/Document Name                               Date

                        WD.202              DA      Upper Level Plan prepared by Aboda 25.09.2023
                                                    Design Group

                        WD.203              DA      Roof Plan prepared by Aboda Design Group 25.09.2023

                        WD.501              DA      Elevations prepared by Aboda Design 25.09.2023
                                                    Group

                        WD.502              DA      Elevations prepared by Aboda Design 25.09.2023
                                                    Group

                        Amendments          1 - The proposed upper level “alfresco” is to be reduced in size to
                                            achieve a setback minimum of 2 metres from the eastern side
                                            boundary.
                                            2 - The proposed upper level “landing” is to be reduced in size, having
                                            an approximate depth of 750mm and a maximum length between
                                            gridlines 3 and 4; the upper-level portion of the building is to be setback
                                            a minimum of 2 metres from the eastern side boundary (with the
                                            exception of the staircase and associated landing, and screening
                                            element as required by Condition 6).

               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed within this Decision Notice. The Approved Plans must be amended
                      to incorporate the amendments listed within this Decision Notice and resubmitted to Council
                      prior to the issue of any Development Permit for Building Works*.
                      *(Refer to Advisory Note)
                      Nature and Extent of Approved Use
               4.     The development permit relates to Additions and Alternations to Unit 9 only, with the current
                      ground floor levels to be retained.
                      Currency Period
               5.     This development approval lapses if the use has not happened by 1 December 2025 unless
                      an application to extend the currency period is approved by Council.
                      Protection of Privacy
               6.     To ensure privacy is protected between adjoining properties, privacy screening is to be fitted
                      for the full length of the staircase and associated landing along the eastern building elevation.
                      The screening is to be fixed and directed away from the adjacent areas of private open space.




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Page 3

               5.   REFERENCE DOCUMENTS

               Not applicable.
               6.     REFERRAL AGENCIES

               Not applicable.
               7.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
               PLANNING
                      Aboriginal Cultural Heritage Act 2003
               1.     There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
                      approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
                      The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
                      carries out an activity must take all reasonable and practicable measures to ensure the
                      activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
                      duty of care. Substantial monetary penalties may apply to individuals or corporations
                      breaching this duty of care. Injunctions may also be issued by the Land and Resources
                      Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
                      that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
                      of Aboriginal cultural heritage.
                      You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
                      Equitable Access and Facilities
               2.     The plans for the proposed building work have NOT been assessed for compliance with the
                      requirements of the National Construction Code - Building Code of Australia (Volume 1) as
                      they relate to people with disabilities. Your attention is also directed to the fact that in addition
                      to the requirements of the National Construction Code as they relate to people with
                      disabilities, one or more of the following may impact on the proposed building work:
                      a.      the Disability Discrimination Act 1992 (Commonwealth);
                      b.      the Anti-Discrimination Act 1991 (Queensland); and
                      c.      the Disability (Access to Premises – Buildings) Standards.
                      Development Compliance Inspection
               3.     Prior to the commencement of the use, please contact Council's Development Assessment
                      Branch to arrange a Development Compliance Inspection.
                      Resubmission of Amended Plans Required
               4.     The conditions of this Decision Notice require resubmission of plan/s to Council with
                      amendments. Please address the amended plan/s to Council’s Development Assessment
                      Branch with the Reference No. DBW23/0110.
                      Infrastructure Charges
               5.     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
               8.     PROPERTY NOTES

               Not applicable.




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Page 4

               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 work.

               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
               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 online at
               www.noosa.qld.gov.au or at Council Offices.


               Yours faithfully,




               Georgina Schramm
               Development Planner



               Enc:   Appeal Rights
                      Approved Plans/Documents




                                                                                                      Page 4 of 5
Document Set ID: 22715043
Version: 4, Version Date: 06/12/2023

Page 5

                                                                              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.




                                                                                                                                                    Page 5 of 5
Document Set ID: 22715043
Version: 4, Version Date: 06/12/2023

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