PBA15/0013 - Decision Notice

Officer:	Glen Conforti
Direct Telephone:	07 53296241
Our Reference:	PBA15/0013
Your Reference:	N/A

13 October 2015

Building Surveying Professionals (Qld) Pty Ltd
PO Box 1632
BUDERIM  QLD  4556

[email protected]

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 9 October 2015, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
1.	APPLICATION DETAILS

Application No:	PBA15/0013
Street Address:	14 Topsails Pl NOOSAVILLE  QLD  4566
Real Property Description:	Lot 495 RP 880345
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS
The following type of approval has been issued:
Development Permit for Building Works Assessable against the Planning Scheme for a deck and stairs within the 4.5m canal setback.
3.	RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is 2 years starting the day that this development approval takes effect.
4.	ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
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
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
WD 1.02	P1	Site Plan, prepared by Tim Ditchfield Architects to be amended	23/12/2014
WD 2.01	P1	Ground Floor Plan, prepared by Tim Ditchfield Architects to be amended	23/12/2014
WD 3.01	P1	Elevations, prepared by Tim Ditchfield Architects	23/12/2014
WD 4.01	P1	Section A-A, prepared by Tim Ditchfield Architects	23/12/2014
WD 6.02	P1	New Deck, prepared by Tim Ditchfield Architects	23/12/2014
The drawings WD 1.02 Site Plan and WD 2.01 Ground Floor Plan, prepared by Tim Ditchfield Architect must be amended to reflect the as constructed works at the northern end of the deck (to include stairs and recess in the deck). The amended plans must be resubmitted to Council prior to the issue of any Development Permit for Building Works.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $1, 500 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.
Canal Setback
The land area within 4.5 metres of the revetment wall must be developed in accordance with the following requirements:
any tree species planted must not have a mature height that exceeds 3 metres except for the existing palm tree
all land within 1 metre from the revetment wall must not be planted with shrubs
one native shrub must be planted in the garden adjacent to the timber stairs at the end of the northern masonry fence. The native shrub must  have a minimum pot size of 200mm and grow to a maximum height of 3m at maturity and sufficiently screen the neighbouring property.
any side boundary fencing within 4.5 metres of the revetment wall must taper down to a maximum height of 1.2 metres at the revetment wall, and must have a height not exceeding 1.5 metres at a distance of 2.25 metres from the revetment wall.
5.	REFERRAL AGENCIES
Not Applicable.
6.	ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Resubmission of Amended Plans Required
The conditions of this Decision Notice require resubmission of plans to Council with amendments. Please address the amended plans to Council’s Planning Assessment Branch with the Reference No. PBA15/0013.
7.	PROPERTY NOTES
Not Applicable.
8.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable.
9.	FURTHER DEVELOPMENT PERMITS REQUIRED
Development Permit for Building Work (All Building Works)
10.	SELF ASSESSABLE CODES
The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.
Building Works Code
11.	SUBMISSIONS
Not Applicable.
12.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not Applicable.
13.	RIGHTS OF APPEAL
You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.
14.	OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

Yours faithfully

Glen Conforti
DEVELOPMENT PLANNER

Enc:	Approved Plans/Documents
Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
Part 1 Division 8 - Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following-
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after-
(a) 	if a decision notice or negotiated decision notice is given-the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise-the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters-general
(1) 	A submitter for a development application may appeal to the court only against-
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following-
(a) 	the giving of a development approval;
(b) 	any provision of the approval including-
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter-
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to-
(a) 	if the prescribed concurrence agency is the chief executive (environment)-development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)-development that is-
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment-
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about-
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval-
(a) 	if the responsible entity for making the change is the assessment manager for the application-
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application-the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

Part 2 Division 6 Appeals to committees about building, plumbing and drainage and other matters

527 Appeals by applicants
(1) An applicant for a development application may appeal to a building and development committee against any of the following-
(a) the refusal, or the refusal in part, of the application;
(b) any condition of the development approval and another matter, other than the identification or inclusion of a code under section 242, stated in the development approval;
(c) the decision to give a preliminary approval when a development permit was applied for;
(d) the length of a period mentioned in section 341;
(e) a deemed refusal of the application.
(2) An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after-
(a) if a decision notice or negotiated decision notice is given-the day the decision notice or negotiated decision notice is given to the applicant; or
(b) otherwise-the day a decision notice was required to be given to the applicant.
(3) An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should  have been made.

More information
Department of Infrastructure and Planning
Building and Development Tribunals
63 George Street Brisbane Qld 4000
PO Box 15009 City East Qld 4002
tel +61 7 3237 0403
fax +61 7 3237 1248
[email protected]
www.dip.qld.gov.au

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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