Minor Change Existing Approval 51997.2283.03

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	51997.2283.03
Your Reference:	n/a
22 November 2021
Balaclava Park Pty Ltd
C/- Brennan Planning P/L
44 Maple St
COOROY  QLD  4563
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 23 September 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:	51997.2283.03
Street address:	Hilton Park 6/80-86 Hilton Tce Noosaville Qld 4566
Real property description:	Lot 6 SP 120741
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 1998
Development Permit for Material Change of Use of Premises – Multiple Dwellings
In relation to the request to make a minor change to the existing approval, Council on 18 November 2021, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change
B.	Include additional condition 30
currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Town Planning
Payment of contribution to Council in accordance with Council’s Policy on Development in the Noosa River Flood Plan, prior to the issue of the Building Approval. Such payment shall be in accordance with the contribution rate adopted by Council and current at the time of payment. An estimate only of the contrition a the date of this decision is $880.
There is to be no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The maximum allowable gross floor area is to be 1028m2, in accordance with the Planning Scheme. No provision for the modification of this requirement exists within the Scheme.
The open space and setback areas are to be landscaped in accordance with Council's Policy on Landscaping Guidelines and a properly prepared landscape plan to be submitted to and approved by the Manager of Planning, 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 times thereafter to the reasonable satisfaction of the Manager of Planning. No clearing is to take place until the landscaping plans are approved.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use. The landscape plans referred to above are to denote areas of existing vegetation or existing trees proposed to be retained.
Submission of security in the form of a cash bond or trading bank guarantee to the sum of $6,000 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.
The security required, must be lodged within two (2) years of the date of Council's decision/the Court's Order. Alternatively, a written request may be made prior to this date, seeking an extension of the two (2) year lodgement period. If neither of the above actions have been undertaken within two (2) years of Council's decision, then the decision in respect of this application is void and ceases to have effect.
The internal courtyard is to remain unroofed as it is included in the landscaped open space.
Health
Provision of an imperviously paved area to accommodate all refuse and recycling containers to the reasonable satisfaction of Council's Environmental Health Officer.
This area is to be aesthetically screened from any road frontage or adjoining property boundary and is to be set back a distance of two (2) metres from any road frontage.
A suitable hosecock, hoses and approved drainage outlet to Council's sewer, are to be located in the vicinity of the refuse container area for washing containers.
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.
The swimming pool shall be licensed annually with the Council's Health Department; in accordance with the provisions of Chapter 42 of Council's By-Laws
Engineering
Provision of at least 9 off-street car parking spaces, comprising 6 covered spaces and 3 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, AS2890.1 1993 Edition, Council's Policies 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. Garage doors are to be at least 2.75m wide.
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 Hilton Terrace to the satisfaction of the Shire Engineer. A Building Approval shall not be granted until the Shire Engineer has approved of the drainage scheme.
The applicants shall submit plans of the proposed sewer relocation. These plans are to be approved by the Sewerage Engineer prior to the issue of the Town Planning Consent.
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.
The applicant is to contribute $1,500 towards the construction of a shared pedestrian and bike path adjacent to the northern boundary of the site in the area known as Chaplain Park.
Connection to Council's existing water supply and sewerage reticulation systems at the developer's expense to the standards and requirements of Council's Shire Engineer.
The developer shall provide metered water connections from the water supply system to the proposed development, in accordance with Council's standards and to the satisfaction of the Shire Engineer.
Existing sewer to be relocated and replaced at developer's expense in accordance with Section 5 of the Noosa Council Engineering Design Standards for Water & Sewerage.
An easement in favour of Noosa Council shall be created and dimensioned in accordance with Section 5.5 of the Noosa Council Engineering Design Standards for Water and Sewerage. All easement dimensions shall relate to the finished surface level along the line of the sewer.
No building works to commence on site until sewer relocation has been completed to Council's satisfaction.
Where sewer relocation works are to be located in private property, written consent must be obtained from owners and tenants prior to commencement of the works. Copies of these consents shall be provided to Council prior to issue of any engineering drawings approved for the works.
Any alternation to existing house drainage in adjacent properties required to facilitate the works shall be the responsibility of the developer and shall be completed in accordance with the standards and requirements of Noosa Council.
Any unused kerb crossings are to be reinstated to the satisfaction of the Shire Engineer
Payment of contributions in accordance with Council's Policy on Water Supply and Sewerage Headworks. An estimate only of the charges as at October 1997 under the current policy is as follows:-
Water Supply -	$14,714
Sewerage	$12,464
TOTAL:	$27,178
Please note that the headworks charges will alter in accordance with Price Index variations or if any amendment is made to Council's policy.
Headworks contributions shall be calculated and paid in accordance with either of the following alternatives:-
Payment to be made prior to the issue of a Building Approval in the amount calculated under the Policy at that date; or
Payment may be deferred to a date:-
prior to Council sealing plans of the development for titling purposes;
prior to the issue of a Certificate of Classification for any building approved under this application; or
prior to commencement of the approved use at the relevant premises;
whichever is the sooner. Payment of deferred headworks contributions shall also be subject to the following requirements:-
Submission of a trading bank guarantee to the value of headworks assessed at the time prescribed by the Local Government (Planning and Environment) Act 1990, plus 20%, prior to Building Approval;
Headworks shall be calculated as the value of headworks assessed at the time prescribed by the Local Government (Planning and Environment) Act 1990, plus interest charged at the rate set by the Queensland Treasury Corporation for Local Government borrowing's as they apply to Noosa Shire. The interest rate used shall be the rate current at the "time prescribed" above;
Should the contributions not be paid at the due time, Council shall call upon the security lodged; and
in the case of a building permit, if a permit expires the securities held will be returned.
The applicants shall be responsible for the control of erosion and sediment export from the site.
Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be necessary. The applicants shall be required to submit an erosion and sediment control plan with the Building Application. This plan is to be approved by the Development Engineer, prior to the issue of the building approval.
$2000 site control bond is required, to ensure compliance with this condition.
The site is to be filled to levels nominated by the Shire Engineer to provide adequate site drainage. Floor levels for all buildings and other structures and car park areas are to be in accordance with the requirements of the Shire Engineer. A Building Approval shall not be granted until the Shire Engineer has approved all levels. Fill and floor levels will be provided on application to the Council's Engineering Department. Any filling works undertaken on the site shall be carried out in accordance with Section 3.8 of Council's "Engineering Design Standards" manual so as not to cause the ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses. No earthworks or filling works are to be undertaken until issue of a Building Approval.
Building
Submission to and approval by Council of building plans in accordance with the Building Act, Council's By-laws and Policies, the conditions of this approval and substantially in accordance with plans 9714 SKl0-12 and the Shire of Noosa Planning Scheme apart from where amendments are required or dispensations have been granted in conjunction with this approval.
Construction work and other associated activities are permitted only during the hours of 7.00 a.m. to 6.00 p.m. Monday to Saturday. No work is permitted on public holidays, except where extended hours are approved by the Building Surveyor.

Additional Condition
The front fence is to be constructed in the style and with the setbacks shown on the submitted plans.
Additional condition 18 November 2021 (Change to Unit 6)
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed below and are as amended by the conditions herein.
Plan No	Rev	Plan/Document Name	Date
A102	A14	Site Plan prepared by Collins Building Designs	08.10.2020
A103	A14	Existing and Demolition Floor Plan prepared by Collins Building Designs	08.10.2020
A104	A14	Proposed Floor Plan prepared by Collins Building Designs	08.10.2020
A801	A14	Existing and Proposed Exterior Elevations 1 – 4 prepared by Collins Building Designs	08.10.2020
reasons for approval
That the reason for Council approving against the staff recommendation is that the modifications are minor in nature and that the development generally meets the intent of the planning scheme
referral agencies
Not Applicable
advisory notes
Not applicable.
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
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
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,
Kerri Coyle
Manager Development Assessment

Enc:	Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – in 1998.
Decision Notice – Generally in Accordance – 51997.2283.01 – 28 October 2016 – Unit 2 & 5
Decision Notice – Minor Change – 51997.2283.03 – 18 November 2021; additional condition 30

	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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