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Refused Decision Notice - Council Meeting Decision - DBW21 0216 [As published]
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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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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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 State Assessment and Referral Agency Page 2 of 7 Document Set ID: 22512729 Page 5 of 14 Version: 8, Version Date: 27/07/2023
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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 Document Set ID: 22512729 Version: 8, Version Date: 27/07/2023 Page 3 0f7 Page 6 of 14
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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. State Assessment and Referral Agency Page 4 of 7 Document Set ID: 22512729 Page 7 of 14 Version: 8, Version Date: 27/07/2023
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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 State Assessment and Referral Agency Page 5 of 7 Document Set ID: 22512729 Page 8 of 14 Version: 8, Version Date: 27/07/2023
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2112-26606 SRA Attachment 4—Change representation provisions (page left intentionally blank) State Assessment and Referral Agency Page 6 of 7 Document Set ID: 22512729 Page 9 of 14 Version: 8, Version Date: 27/07/2023
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2112-26698 SRA Attachment 5—Approved plans and specifications (page left intentionally blank) State Assessment and Referral Agency Page 7 of 7 Document Set ID: 22512729 Page 10 of 14 Version: 8, Version Date: 27/07/2023
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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. ” Page 1 of 2 Document Set ID: 22512729 Page 11 of 14 Version: 8, Version Date: 27/07/2023
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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. Page 20f2 Document Set ID: 22512729 Page 12 of 14 Version: 8, Version Date: 27/07/2023
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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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