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SUPERSEDED - Minor Change Existing Approval MCU22 0133 01

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                                                             Officer:            Andrew Gaffney
                                                             Direct Telephone:   07 53296284
                                                             Our Reference:      MCU22/0133.01
                                                             Your Reference:     STP3977

               27 May 2024


               KFQ Clucas & BE Smidt
               C/- Steffan Harries
               PO Box 6258
               FAIRFIELD QLD 4103
               [email protected]



               Dear Sir/Madam,
                                            Decision Notice – Minor Change
                                                         Planning Act 2016

               I refer to your application received on 16 February 2024, requesting a minor change to an existing
               development approval. Council decided on 23 May 2024, your requested changes.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              MCU22/0133.01

                   Street address:              8 Hinterland Cl Tinbeerwah Qld 4563

                   Real property description:   Lot 8 RP 162815

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               The following type of approval was issued on 11 November 2022.
               •       Development Permit for Material Change of Use of Premises – Dwelling House
               In relation to the request to make a minor change to the existing approval, Council on 23 May
               2024, decided to approve the requested changes. The changes are detailed below.
               A.      Approve the change.
               B.      Amend conditions 2, 6, 8, 13 and 14
               C.      Include new condition 17.
               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
                                                                                                             Page 1 of 6
Document Set ID: 23033199
Version: 2, Version Date: 27/05/2024
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               4.     ASSESSMENT MANAGER CONDITIONS

               PLANNING
                      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.
                      Approved Plans
               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

                         -              -     Tree Removal Comparison - prepared by The 15.03.2024
                                              Outside Perspective

                         TP001          B     DEMO + PROPOSED SITE PLAN - prepared by The 28.03.24
                                              Outside Perspective

                         TP002          B     PROPOSED FLOOR PLAN - prepared by The 28.03.24
                                              Outside Perspective
                                              As annotated by Council

                         TP003          B     PROPOSED ROOF PLAN - prepared by The 28.03.24
                                              Outside Perspective

                         TP004          B     ELEVATIONS 1 OF 2 PLAN - prepared by The 28.03.24
                                              Outside Perspective

                      Currency Period
               3.     This development approval lapses if the use has not happened by 11 November 2028,
                      unless an application to extend the currency period is approved by Council.
                      Building Height
               4.     The maximum height of the development must not exceed 8 meters above ground level in
                      accordance with the approved plans.
               5.     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.
                      Vegetation Clearing
               6.     This approval allows for the clearing of vegetation limited to those trees identified (in red
                      dashed and yellow lines) within the approved Tree Removal Comparison. No further clearing
                      is permitted.
                      Performance Bond
               7.     Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 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.




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                      Site Access and Driveways
               8.     A sealed access driveway must be provided from the formation in Hinterland Close to all
                      parking and manoeuvring areas of the development. The access driveway must be generally
                      in accordance with Council’s standard drawing RS-056 (including any associated addendum)
                      and The Outside Perspective’s Proposed Floor Plan (TP.002, Rev. B) dated 28 March 2024.
                      Stormwater Drainage
               9.     Stormwater runoff from the development must be disposed of on-site without causing scour
                      or damage to the subject site or any adjoining property.
                      Easements
               10.    Unless otherwise agreed in writing by the relevant service provider, any public or third party
                      infrastructure located on the subject site must be placed within an easement registered
                      against the title of the property.
               11.    All easements must be designed in accordance with the planning scheme and granted at no
                      cost to the Grantee. Where the Grantee is Council or a service authority, the easement
                      documentation must be in accordance with the Grantee’s standard easement terms. Draft
                      easement documentation must be submitted to Council for endorsement.
               12.    All works must be kept clear of any existing or proposed easements on the subject land,
                      unless agreed otherwise in writing by the Grantee.
                      Geotechnical Stability
               13.    All works must be carried out in accordance with the recommendations contained in Report
                      on Geotechnical Investigation Project Number 220673, Report 01 Revision A prepared by
                      ARCOS dated 18 March 2024.
               14.    At the completion of the works certification must be submitted to Council from a qualified
                      person* which certifies that the development has been constructed in accordance with the
                      recommendations contained in Report on Geotechnical Investigation Project Number
                      220673, Report 01 Revision A prepared by ARCOS dated 18 March 2024.
                      Earthworks and Retaining Walls
               15.    All earthworks and associated retaining structures/batters must be contained entirely within
                      the subject site unless written permission from the respective landowner(s) is provided to
                      Council. All earthworks must be undertaken in accordance with the provisions of Australian
                      Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
                      Damage to Services and Assets
               16.    Any damage caused to existing services and assets as a result of the development works
                      must be repaired at no cost to the asset owner at the following times:
                      a.      where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
                              or
                      b.      where otherwise, upon completion of the works associated with the development.
                      Any repair work which proposes to alter the alignment or level of existing services and assets
                      must first be referred to the relevant service authority for approval.
                      Food Preparation area
               17     The dwelling house is to contain only one food preparation area. The gas cooktop shown
                      within the ‘LIVING’ room within the western building is not approved.
               5.     REFERRAL AGENCIES

               Not applicable.




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               6.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      Building and Construction Industry (Portable Long Service Leave) Levy
               1.     The QLeave levy must be paid prior to the issue of a development permit where it is required.
                      Council will not be able to issue a Decision Notice without receipt of details that the Levy has
                      been paid.
                      Qualified Person
               2.     For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability
                      for the development, a qualified person is considered to be a person who:
                      a.      is a Registered Professional Engineer of Queensland (RPEQ); and
                      b.      has a degree in civil engineering or engineering geology; and
                      c.      has a minimum of 5 years experience in the field of geotechnical engineering or
                              engineering geology.
                      Infrastructure Charges
               3.     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
               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 work.

               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.
               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.




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               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,




               Andrew Gaffney
               Senior Development Planner
               Enc:     Appeal Rights
                        Approved Plans/Documents
               cc.      Unitywater

               DECISION NOTICE HISTORY
               •     Original Decision Notice – 11 November 2022.

               •     Decision Notice - Minor MCU22/0133.01 – 23 May 2024, with an
                     amendment to conditions 2, 6, 8, 13 and 14, and additional
                     conditions 17




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Page 6

                                                                              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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Version: 2, Version Date: 27/05/2024

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