Council archive · source document
Minor Change Existing Approval - 132010.574.01 (As Published)
Officer: Tiani Bird
Direct Telephone: 07 5329 6245
Our Reference: 132010.574.01
Your Reference: DA20250050
9 June 2025
P Ezzy & S Ezzy
C/- Buildable Approvals Pty Ltd
701 Albany Creek Road
ALBANY CREEK QLD 4034
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 7 May 2025, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132010.574.01
Street address: Noosa Dunes
36/512 David Low Way, Castaways Beach QLD 4567
Real property description: Lot 36 SP 111721
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 31 May 2010.
• Development Permit for Material Change of Use – Detached House
In relation to the request to make a minor change to the existing approval, Council on 3 June 2025,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend condition 1.
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
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4. ASSESSMENT MANAGER CONDITIONS
Approved Plans
1. 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 and may
be amended by these conditions and annotations on the plans.
Plan No. Rev. Plan Name – Prepared by Date
Sheet 1 of 4 - Lower Level Plan, prepared by Civic Steel 24 March 2010
Homes
Sheet 2 of 4 - Upper Level Plan, prepared by Civic Steel 24 March 2010
Homes
Sheet 4 of 4 - Elevations, prepared by Civic Steel Homes 24 March 2010
CD/A01 - Cover sheet and Site Plan, prepared by M 28 April 2025
+ M Studio
CD/AO3 - Lower Level – Bed 4, prepared by M + M 28 April 2025
Studio
CD/AO5 - Elevations, prepared by M + M Studio 28 April 2025
Relevant Period
2. The Development Permit for a material change of use lapses if the use has not happened by
31 May 2014, unless an application to extend the currency is approved by Council.
Building Height
3. The building height shall not exceed 8.0 metres above the natural ground level, finished
ground level and 2 storey.
4. A verification survey of the building shall be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of the work confirming compliance with the
maximum allowable building height as required by either the conditions of approval of the
Planning Scheme.
Security Bond
5. Security in the form of a cash bond or trading bank guarantee to the sum of $10 000 must
be submitted, 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.
Landscaping
6. The retaining wall shall not encroach into the southern boundary setback.
7. Existing trees on the site and within road reserves shall be retained, except where required
to be removed due to building operations or the conduct of the approved use. In this regard:
7.1. the mature Banksia integrifolia located near the front boundary shall be retained.
7.2. the small Banksia integrifolia located to the north west corner of the Lot and within the
setback shall be retained.
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8. All vegetation shall be protected from interference resulting from clearing or construction
activities by:
8.1. Clearly marking the 2 Banksias to be retained with flagging tape;
8.2. Installing protective fencing around the drip line of the trees;
8.3. Stockpiling, storage and vehicle parking occurs in already cleared areas and does not
cause interference with trees; and
8.4. Low impact construction techniques are used around trees to minimise interference
with the trees.
9. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:
9.1. Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled
loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a
minimum of 10 metres between edges of heaps.
9.2. Disposal for firewood.
9.3. Disposal for landscaping purposes.
10. The applicant is advised that burning off is an unacceptable method of disposal.
11. Screening vegetation consisting of native, endemic species shall be planted to all setback
areas and planted in accordance with Council’s Landscaping Plants and Guidelines PSP 3.
In this regard the northern boundary setback area near the lower level bedroom 3 shall be
planted at a higher density.
General – Planning Assessment
12. The development shall be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood due to the creation of excessive noise, lighting
nuisance, or other emissions.
13. Buildings and structures (including swimming pools, sheds, tennis courts, or outbuildings)
shall not be constructed under overhead electricity transmission lines, or within any
easements.
14. All hot water systems installed shall be either solar; electric heat pump; or gas (LPG or
natural).
Operational Works Assessment Branch Earthworks
15. Earthworks required on site shall be carried out in accordance with Council’s Planning
Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional
ponding of water on any adjoining lands or the blockage of, or interference with, any natural
watercourses.
16. Earthworks carried out on site shall not affect the structural integrity of any of the existing
fences or structures that border the development site. Fences that are affected shall be
replaced prior to the Building Certifier issuing the Certificate of Classification.
Roof Water & Stormwater Drainage
17. Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank
that is installed to ensure water from the rainwater storage system or tank is used for external
uses (such as watering gardens, irrigation, ornamental ponds, water features, topping-up
swimming pools, outdoor cleaning, etc) and for internal (ground floor) use in washing
machine cold taps and toilet cisterns. All rainwater tanks are to be designed and installed in
accordance with the Queensland Development Code (QDC) current at the time of building
approval, and shall be part of the plumbing application for approval. The location and capacity
of the tanks shall be clearly shown on the plans submitted for Building Works approval and
any overflow shall be directed to the common property stormwater drainage system.
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Geotechnical
18. A geotechnical report, prepared by a registered professional engineer shall be obtained, and
it should either:
18.1. certify that the site is not at risk from landslide emanating from the site or from other
land; or
18.2. identify methods of stabilising all buildings, accessways and uses areas; and where
the geotechnical report identifies methods of stabilising buildings, accessways and
uses areas. The development shall implement those methods, which are
recommended.
Sediment and Erosion Control
19. Any person acting on this permit shall prevent erosion and sediment export from leaving the
site. Site control measures such as silt fencing, controlled gravel access to the site and
controlled disposal of waste, will be necessary.
In this regard, a plan detailing the methods of controlling erosion and sediment in accordance
with the Healthy Waterways document and fact sheet series titled “Controlling Stormwater
Pollution on your Building Site dated 2006” are required to be submitted with the application
for a Building Works Permit.
General – Operational Works Assessment Branch
20. Any damage caused to any public utility during the course of construction shall be repaired
to Council’s standards and at no cost to Council.
21. Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site shall be at no cost to Council.
22. The transportation of all materials to and from the site shall be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying materials either to or
from the site shall be covered to prevent materials including dust being windblown from the
vehicle.
Contributions
23. The applicant must pay contributions towards trunk infrastructure in accordance with the
following Planning Scheme Policies and Council Policies:
(a) Planning Scheme Policy 12 – Public Open Space Contributions;
(b) Planning Scheme Policy 13 – Contributions in Lieu of Off Street Parking;
(c) Planning Scheme Policy 16 – Sewerage Headworks Contributions;
(d) Planning Scheme Policy 17 – Water Supply Headworks Contributions;
(e) Planning Scheme Policy 20 – Pathway Trunk Network Contributions;
(f) Council Policy – Rural Roadworks Contributions;
(g) Council Policy – Master Drainage Contributions.
For material change of use of premises approvals the contributions must be paid prior to the
commencement of use, for reconfiguring a lot approval contributions must be paid prior to
Council approval of the plan of subdivision.
The actual amount of the contribution must be calculated and paid in accordance with the
Planning Scheme Policies and variations due to indexation current at the time of payment.
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:
1. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
Local Law No. 12, prevents a builder or building contractor carrying out building work on a
building site in a way that makes or causes audible noise to be made from the building work:
1.1. On a Sunday or public holiday, at any time; or
1.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
2. You are advised that the site is identified as a Koala Living Area under the Nature
Conservation (Koala) Conservation Plan 2006 and Management Program 2006-2016 and
may contain koalas. The use of a Koala Spotter is encouraged in areas where koalas are
likely to occur, prior to the removal of Angophora, Corymbia, Eucalyptus, Lophostemon and
Melaleuca species. Further information can be obtained from the Environmental Protection
Agency at http://www.epa.qld.gov.au or phone (07) 3227 8185.
3. Prior to the commencement of the development, a plumbing assessment must be obtained
from Noosa Council’s Plumbing Services Section in accordance with the Plumbing &
Drainage Act 2002 (as applicable).
4. An advice notice outlining the estimated infrastructure contributions payable and the basis
for their calculation under the current Planning Scheme Policies and Council Policies is
attached with this Development Permit.
5. The applicant is informed that this development permit will trigger an Infrastructure Charge
in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the
estimated amount of $3,036.00 and is subject to variations in the Consumer Price Index, All
Groups Brisbane from March 2010 until the date of payment. An Infrastructure Charge
Notice will be issued in accordance with Chapter 8 of the Sustainable Planning Act 2009".
6. Please contact Council's Infrastructure Charges Officer (email: [email protected]) a
minimum of 5 business days prior to payment of the infrastructure contributions and/or
charge notice so a payment advice detailing the amounts applicable at the time of payment
may be issued to accompany the payment.
7. Payment of infrastructure contributions and/or infrastructure charge notices will not be
accepted by credit card transaction.
Infrastructure Charges
8. 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
Aboriginal Cultural Heritage Act 2003
9. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage.” It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the Act can also issue stop orders for an activity that
is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of
Aboriginal cultural heritage.
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You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
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 All Building Works
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.
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,
Tiani Bird
Development Planner
Enc:
Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 31 May 2010.
• Decision Notice - Minor – 132010.574.01, with an amendment to
condition 1.
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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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