DecisionNotice-Response to Reps-ICN.N1626_24 Kamo Lane COOTHARABA

    machine located anywhere inside or outside etc. However a laundry has been specifically
    labelled.
    The ground floor plans clearly show the ground floor is capable of being used as a
    secondary dwelling as envisaged by The Noosa Plan not exceeding 65m2.
3. The definition for a “secondary dwelling” has been quoted in the representations, however
   failed to acknowledge or emphasise that it “is used in conjunction with, and subordinate
   to, a dwelling house on the same lot.”
    A “secondary dwelling” may therefore be considered slightly different to a normal
    “dwelling” as the definition implies that some facilities may be shared and used between
    the primary “Dwelling house” and its “subordinate” “secondary dwelling” being “used in
    conjunction with” (i.e. common dictionary meanings are: “in combination with” and “If one
    thing is done in conjunction with another, the two things are done or used jointly or
    together”).
    The location of the laundry “clothes washing facility” appears designed to be clearly
    capable of being used jointly by the first floor and ground floor.
4. The developer’s costs are not a consideration under the planning legislation when
   assessing new development. The current permissible maximum allowable by the Planning
   Regulation 2017 is $21,590.50 (per dwelling with 2 or less bedrooms). However Council’s
   “Charges Resolution” specifically identifies a secondary dwelling to a detached house but
   significantly reduces the quantum of the charge to $6,437.00 due to the planning
   limitations placed on secondary dwellings (i.e. maximum area) and its conjunctional use
   and subordinate nature to the primary dwelling.
5. The applicant has provided a statutory declaration from the owner that the downstairs
   room is only to be used as a home office and requested Council to update the approval to
   reflect a single “Dwelling house” without a “Secondary dwelling”.
    As Council has accepted this request and issued a Negotiated Decision for the Material
    Change of Use approval including an additional condition and annotations to the approved
    plans for the new ground floor thereby removing the capability of the ground floor for use
    as a secondary dwelling without a further application to Council.
    It is therefore agreed to withdraw and cancel the Infrastructure Charges Notice N1626
    originally issued.
4. 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.
Should you require any further information or wish to enter into a delayed staged payment
agreement, please contact Council’s office directly via telephone on (07) 5329 6449 or
alternatively via email: [email protected]

Yours faithfully,




Oddbjorn Ludvigsen
Infrastructure Assessment Coordinator
Enc Appeal Rights




                             PO Box 141               P. (07) 5329 6500   [email protected]
                             TEWANTIN QLD 4565        F. (07) 5329 6501   www.noosa.qld.gov.au