Minor Change Existing Approval 51994.1308.05

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	51994.1308.05  : JELDER
Your Reference:	20210356
31 March 2021
Mr DP O'Gorman & Mrs MM O'Gorman
C/- Adapt Planning
PO Box 7618
SIPPY DOWNS  QLD  4556
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 3 February 2021, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	51994.1308.05
Street address:	1/33 Viewland Dr Noosa Heads Qld 4567
Real property description:	Lot 1 SP 221528
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council on 6 September 1994 decided to issue the following type of approval:
Duplex Dwelling
In relation to the request to make a minor change to the existing approval, Council on 26 March 2021, decided to approve the requested changes. The changes are detailed below.
Include additional Condition 32.
Note the report is provided in accordance with Section 83(9) of the Planning Act 2016
currency period of approval
Not applicable.

assessment manager conditions
To be read in conjunction with Town Planning Consent Permit TPC 2711, copy attached.
ADDITIONAL CONDITIONS 28 February 2012
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with and then compliance maintained at all times while the use continues.
Approved Plans
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed below.
Plan No.	Rev.	Plan Name – Prepared by	Date
SK1	A	Site Plan, prepared by Stewart & Mia Bradley	December 2011
SK3	A	Existing Floor Plan, prepared by Floorplans Plus	Unknown
SK3	A	Floor Plan Showing Addition, prepared by Stewart & Mia Bradley	December 2011
SK5	A	East View, prepared by Stewart & Mia Bradley	December 2011
Building Height
The maximum height of the development must not exceed 8 metres above the natural ground surface, finished ground level and 2 storeys.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $1500 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works.  The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.  Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Protection of Privacy
To ensure privacy is protected between adjoining properties, the following screening devices must be fitted:
To the full width of the deck between Unit 1 and Unit 2.
To the top of the masonry fence located to the western boundary. The screening device must start, at a minimum, in line with the adjoining western neighbour’s building line and must extend along the fence to a minimum of 0.4m prior to where the fence starts to slope down.
To a height that ensures privacy.
General
No building work within the Covenant K is approved as part of this approval.
ADDITIONAL CONDITIONS 22 SEPTEMBER 2015
Approved Plans
30.	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
020_0614 wd:1		Floor & Site Plans, prepared by Noosa Cooloola Pools Pty Ltd	June 2014
020_0614 wd:2		Elevations:Sections, prepared by Noosa Cooloola Pools Pty Ltd	June 2014
31.	The garage must be maintained for vehicle parking.
Additional Conditions March 2021 for Unit 1
Approved Plans
32	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
A000	D	Cover Sheet, prepared by Kings Lane Architects	02/02/21
A002	D	Site Plan, prepared by Kings Lane Architects	02/02/21
A003	C	Existing/Demo Floor Plans, prepared by Kings Lane Architects	04/11/20
A100	C	Proposed Floor Plans, Kings Lane Architects	04/11/20
A101	B	First Floor Setout Plan, prepared by Kings Lane Architects	25/08/20
A102	C	Proposed Roof Plan, prepared by Kings Lane Architects	04/11/20
A103	C	Area Plans, prepared by Kings Lane Architects	04/11/20
A200	C	First Floor RCP Plan, prepared by Kings Lane Architects	04/11/20
A300	E	Proposed Elevations, prepared by Kings Lane Architects	23/02/21
A301	D	Proposed Elevations, prepared by Kings Lane Architects	02/02/21
A400	C	Proposed Section, prepared by Kings Lane Architects	04/11/20
referral agencies
Not applicable.
APPROVED PLANS/DOCUMENTS
The approved plans for this development approval are listed in the attached Town Planning Consent Permit, with the changes relevant to this request to change development approval listed in the following table:
Plan No.	Rev.	Plan Name – Prepared by	Date
SK1	A	Site Plan, prepared by Stewart & Mia Bradley	December 2011
SK3	A	Existing Floor Plan, prepared by Floorplans Plus	Unknown
SK3	A	Floor Plan Showing Addition, prepared by Stewart & Mia Bradley	December 2011
SK5	A	East View, prepared by Stewart & Mia Bradley	December 2011
PLANS/DOCUMENTS REQUIRING AMENDMENT
Not applicable.
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
Equitable Access and Facilities
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:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.

Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
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 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 Co-ordination Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Infrastructure Charges
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.
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Not applicable.
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,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice – TPC 2711  - 6 September 1994.
Change to an Existing Approval – 51994.1308.01 (TPC 2711) 28 February 2012 – with additional conditions 23, 24, 25, 26, 27 28 & 29 - (Unit 1)
Change to an Existing Approval - 51994.1308.03 - 22 September 2015 – with additional conditions 30 & 31 – (Unit 2)
Decision notice – Minor Change 51994.1308.05 – with additional condition 32 – (Unit 1)

	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