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Refused Decision Notice - Council Meeting Decision - DBW21 0216 [As published]

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                                                                                      Officer:            Jada Lyons
                                                                                      Direct Telephone:   07 5329 6527
                                                                                      Our Reference:      DBW21/0216
                                                                                      Your Reference:     0321

               27 July 2023


               GW Holdings P/L TTE
               C/- Pivotal Perspective Pty Ltd
               4/59 Mary Street
               NOOSAVILLE QLD 4566
               [email protected]



               Dear Sir/Madam,
                                                           Decision Notice
                                                            Planning Act 2016

               I refer to your application and advise that on 20 July 2023, Council decided to refuse the
               application.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:                DBW21/0216

                   Street address:                60 Seaview Terrace, Sunshine Beach

                   Real property description: Lot 66 RP 81810

                   Planning Scheme:               Noosa Plan 2020 (25 September 2020)

               2.      TYPE OF DEVELOPMENT

               The application sought the following type of development approval:
               •       Building Work Assessable Against the Planning Scheme - Dwelling House
               3.      REASONS FOR REFUSAL

               1.      The proposal does not comply with Acceptable Outcome AO7.1 and corresponding
                       Performance Outcome PO7 of the Low Density Residential Zone Code as it:
                              i.       Is proposed to exceed 8 metres in building height from finished ground level;
                              ii.      Will visually dominate the surrounding area; and
                              iii.     Has the potential to obstruct views and cause overshadowing of dwellings
                                       within proximity of the site.
               2.      The proposal does not comply with Acceptable Outcome AO8.1 and corresponding
                       Performance Outcome PO8 of the Low Density Residential Zone Code as it:
                              i.       Exceeds site cover requirements of 50% for one storey and 30% for the other
                                       storey or 40% for both storeys;

               ABN 97.969.214.121                                                                    PO Box 141
               noosa.qld.gov.au                                                               Tewantin QLD 4565
               [email protected]                                                               07 5329 6500
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Document Set ID: 22512729
Version: 8, Version Date: 27/07/2023

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                              ii.      Is not of a scale that is compatible with surrounding development;
                              iii.     Has not included the opportunity for soft landscaping between buildings; and
                              iv.      Presents an appearance of bulk to adjacent properties.
               3.     The proposal does not comply with Acceptable Outcome AO9.3 and corresponding
                      Performance Outcome PO9 of the Low Density Residential Zone Code as:
                              i.       The northern side boundary setback does not comply with minimum side
                                       setback requirements;
                              ii.      The built to boundary garage and bin structures do not comply with minimum
                                       side setback requirements;
                              iii.     Will impact on the visual and acoustic amenity of adjoining premises;
                              iv.      Has the capacity to cause issues of overlooking of private open space of
                                       adjoining premises; and
                              v.       Does not provide adequate distance from adjoining land uses.
               4.     The proposal does not comply with Acceptable Outcome AO16.3 and corresponding
                      Performance Outcome PO16 of the Low Density Residential Zone Code as the proposed
                      rooftop terrace will have the potential to obstruct views of dwellings within proximity of the site
                      and create issues of overlooking to neighbouring properties. the privacy walls associated with
                      the proposed roof top terrace will also create excessive bulk to neighbouring properties.
               4.     REFERRAL AGENCIES

               The referral agencies applicable to this application are:

                Referral Status          Referral Agency and       Referral Trigger             Response
                                         Address
                Concurrence              SARA at DILGP SARA        Schedule 9, Part 3,          The agency provided its
                                         at DILGP Via MyDAS2       Division 1, Table 1          response on 2 February
                                         at                        (Planning Regulation         2022 (Reference No.
                                         https://prod2.devasses    2017)                        2112-26696 SRA). A
                                         s.                        Building work is on          copy of the response is
                                         qld.gov.au/suite          premises completely or       attached
                                         / (for assistance,        partly seaward of a
                                         contact DILGP at 5352     coastal building line
                                         9701 or
                                         email:[email protected]

               5.     SUBMISSIONS

               Not applicable.
               6.     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.
               7.     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.




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Page 3

               Yours faithfully,




               Patrick Murphy
               Manager – Development and Regulation

               Enc:   Appeal Rights
                      Referral Agency Response

               cc.    SARA




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                                       Referral Agency Response
                                       PLANNING ACT 2016 & PLANNING REGULATION 2017




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2112-26696 SRA

Assessment Manager: Noosa Shire Council
Street address: 60 Seaview Terrace, Sunshine Beach
Real property description: Lot 66 on RP81810
Applicant name: GW Holdings P/L TTE c/ Pivotal Perspective
Applicant contact details: 4/59 Mary St
Noosaville QLD 4566
[email protected]

Representations

An applicant may make representations to a concurrence agency, at any time before the application is
decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules)
Copies of the relevant provisions are in Attachment 4.

A copy of this response has been sent to the applicant for their information.

For further information please contact Danika Cowie, Principal Planning Officer, on (07) 5352 9776 or via
email [email protected] who will be pleased to assist.

Yours sincerely

Garth Nolan
Manager (Planning)

cc GW Holdings P/L TTE c/ Pivotal Perspective, [email protected]

enc Attachment 1 - Referral agency conditions
Attachment 2 - Advice to the applicant
Attachment 3 - Reasons for referral agency response
Attachment 4 - Representations provisions
Attachment 5 - Approved plans and specifications

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Attachment 1—Referral agency conditions

2112-26696 SRA

 

(Under section 56(1)}(b)(i) of the Planning Act 2016 the following conditions must be attached to any development
approval relating to this application) (Copies of the plans and specifications referenced below are found at
Attachment 5)

 

No.

Conditions

Condition timing

 

Building work seaward of the coastal building line

 

9.3.1.1.1—The chief executive administering the Planning Act 2016 nominates the Director-General of
the Department of Environment and Science to be the enforcement authority for the development to
which this development approval relates for the administration and enforcement of any matter relating
to the following conditions:

 

1.

The development must be carried out generally in accordance with
the following plan:
¢ Plans (Lower Ground Floor Plan, Ground Floor Plan and
First Floor Plan) prepared by Durbach Block Jaggers dated
30/11/2021, reference DA-0002 and revision A.

At all times

 

 

 

Erosion and sediment control measures which are in accordance
with Best Practice Erosion and Sediment Control (BPESC)
guidelines for Australia (Intemational Erosion Control Association),
are to be installed and maintained to prevent the release of sediment
to tidal waters.

 

For the duration of the
works

 

 

State Assessment and Referral Agency

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2112-26696 SRA

Attachment 2—Advice to the applicant

 

 

General advice

1. Terms and phrases used in this document are defined in the Planning Act 2016 its regulation or
the State Development Assessment Provisions (SDAP) v2.6. If a word remains undefined it has
its ordinary meaning.

 

 

 

 

 

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2112-26695 SRA

Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

 

The reasons for SARA's decision are:
* The application is for building work for the demolition of an existing house and the construction of a
new dwelling.
*® The proposed building work for a new dwelling with extend seaward of the coastal building line that
applies to the development site.
* The proposed building work generally complies with State code 8: Coastal development and tidal
works, of the State Development Assessment Provisions, version 2.6, subject to two conditions:
© to ensure the development is carried out generally in accordance with the plans of
development submitted with the application.
© to ensure the development avoids or minimises adverse impacts on coastal resources and
their values.

Material used in the assessment of the application:

The development application material and submitted plans

Planning Act 2016

Planning Regulation 2017

The State Development Assessment Provisions (version 2.6), as published by the department
The Development Assessment Rules

SARA DA Mapping system

Human Rights Act 2019

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2112-26606 SRA

Attachment 4—Change representation provisions

 

(page left intentionally blank)

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2112-26698 SRA

Attachment 5—Approved plans and specifications

 

(page left intentionally blank)

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Development Assessment Rules—Representations about a
referral agency response

The following provisions are those set out in sections 28 and 30 of the Development Assessment Rules"
regarding representations about a referral agency response

Part 6: Changes to the application and referral agency
responses

 

28 Concurrence agency changes its response or gives a late response

28.1. Despite part 2, a concurrence agency may, after its referral agency assessment period and any
further period agreed ends, change its referral agency response or give a late referral agency
response before the application is decided, subject to section 28.2 and 28.3.

28.2. A concurrence agency may change its referral agency response at any time before the application
is decided if—

(a) the change is in response to a change which the assessment manager is satisfied is a change
under section 26.1; or

(b) the Minister has given the concurrence agency a direction under section 99 of the Act: or

(c) the applicant has given written agreement to the change to the referral agency response?

28.3. A concurrence agency may give a late referral agency response before the application is decided,
if the applicant has given written agreement fo the late referral agency response.
28.4. Ifa concurrence agency proposes to change its referral agency response under section 28.2(a),
the concurrence agency must—
(a) give notice of its intention to change its referral agency response to the assessment manager
and a copy to the applicant within 5 days of receiving notice of the change under section 25.1;
and
(b) the concurrence agency has 10 days from the day of giving notice under paragraph (a), or a
further period agreed between the applicant and the concurrence agency, to give an amended
referral agency response to the assessment manager and a copy to the applicant.

‘ Pursuant to Section 68 of the Planning Act 2016

In the instance an applicant has made representations to the concurrence agency under section 30,
and the concurrence agency agrees to make the change included in the representations, section
28.2(c) is taken to have been satisfied.

”

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Part 7: Miscellaneous

30 Representations about a referral agency response

30.1. An applicant may make representations to a concurrence agency at any time before the application
is decided, about changing a matter in the referral agency response.*

3 An applicant may elect, under section 32, to stop the assessment manager's decision period in which
to take this action. If a concurrence agency wishes to amend their response in relation to
representations made under this section, they must do so in accordance with section 28.

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REDACTED

 

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                                                                              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: 8, Version Date: 27/07/2023

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