Council archive · source document
ECM_22535103_v5_Decision Notice - DBW23 0030 · DBW23/0030
Officer: Georgina Schramm
Direct Telephone: 07 5329 6569
Our Reference: DBW23/0030
Your Reference: 220297.01
10 August 2023
EarthCert Pty Ltd
PO Box 432
POMONA QLD 4568
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 8 August 2023, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: DBW23/0030
Street address: 27 The Anchorage, Noosaville
Real property description: Lot 801 RP 910420
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Building Work Assessable Against the Planning Scheme –
Dwelling House within setbacks and works within 4.5m of revetment wall
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
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.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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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
00.0 - Site Plan, prepared by Paul Clout Design 06/7/2023
01.0 - Ground Floor Plan, prepared by Paul Clout Design 06/7/2023
02.0 - Upper Floor Plan, prepared by Paul Clout Design 06/7/2023
03.0 - Roof Plan, prepared by Paul Clout Design 06/7/2023
04.0 - Elevations, prepared by Paul Clout Design 06/7/2023
05.0 - Elevations & Section, prepared by Paul Clout Design 06/7/2023
Currency Period
3. This development approval lapses if the use has not happened by 8 August 2025, unless
an application to extend the currency period is approved by Council.
Performance Bond
4. Security in the form of a cash bond or trading bank guarantee to the sum of $3,000 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.
Noosa Waters Setback
5. The area within 4.5 metres of the centre line of the top of the concrete revetment wall must
be developed in accordance with the following:
a. a minimum of 25% of the area must be planted with shrubs and small trees with a
mature height of 3m or less.
b. a maximum of 25% of the area may be impervious, with the balance area soft
landscaping (i.e. grass, ground covers, shrubs and small trees).
c. the ground surface within 1 metre of the revetment wall must be grass or ground cover
and must not include shrubs, hard pavement or artificial grass.
d. any side boundary fencing must taper down to a maximum height of 1.2 metres at the
revetment wall and have a height not exceeding 1.5 metres at a distance of 2.25 metres
from the revetment wall.
e. any retaining structures, planter boxes or the like must be finished with natural
materials such as timber or rock rather than manufactured materials.
Revetment Wall / Flood Storage
6. All works must be carried out in accordance with the approved plans and Reference
Document No. 221281 prepared by Lindsay Consulting Pty Ltd dated 14 June 2023.
7. Certification of the completed works within the 4.5m setback from the revetment wall must
be submitted to Council within 3 months of the completion of the works. The certification must
be prepared by a RPEQ (Registered Professional Engineer of Queensland) and state that
the works:
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a. have not negatively impacted the stability of the revetment wall or negatively impacted
the associated membrane;
b. have not reduced the available flood storage within the lot from the profile as described
in The Noosa Plan 2020 – Low Density Residential Zone Code; and
c. be generally in accordance with Water Volume Calculations (22-0813-F1 and F2
Revision A) prepared by Lindsay Consulting Pty Ltd.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
221281 - Flood Calculations Letter - Prepared by Lindsay 14 June 2023
Consulting Pty Ltd
22-0813-F1 A Water Volume Calculations, Sheet 1 – Prepared by 13 June 2023
Lindsay Consulting Pty Ltd
22-0813-F2 A Water Volume Calculations, Sheet 2 – Prepared by 13 June 2023
Lindsay Consulting Pty Ltd
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Infrastructure Charges
1. 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
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work.
11. SUBMISSIONS
Not applicable.
12. 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
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Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Georgina Schramm
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
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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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