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Approved Decision Notice - DBW24 0067 [AS PUBLISHED] · DBW24/0067

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                                                             Officer:            Andrew Gaffney
                                                             Direct Telephone:   07 53296284
                                                             Our Reference:      DBW24/0067 & RAP24/0020
                                                             Your Reference:     0544

               27 September 2024


               MA De Medici & SN De Medici
               C/- Pivotal Perspective Pty Ltd
               3/93 Hilton Tce
               TEWANTIN QLD 4565
               [email protected]



               Dear Sir/Madam,
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 20 September 2024, Council decided to approve the
               application, subject to conditions.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              DBW24/0067

                   Street address:              51 Seaview Tce Sunshine Beach Qld 4567

                   Real property description:   Lot 89 RP 81810

                   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 (Building Work For A Dwelling House In The Coastal Protection And Scenic Amenity
                       Overlay).
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER CONDITIONS

                       When Conditions must be Complied With
               1.      Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
                       the use of the building 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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Document Set ID: 23263252
Version: 2, Version Date: 27/09/2024
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                      Currency Period
               2.     This development approval lapses if the use has not happened by 20 September 2026,
                      unless an application to extend the currency period is approved by Council.
                      Approved Plans
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below.

                         Plan No.           Rev.    Plan/Document Name                             Date

                         SD2.01C            C       SCHEMATIC DESIGN - SITE AND ROOF 5/09/2024
                                                    PLAN

                         SD2.02C            C       SCHEMATIC  DESIGN              –    LOWER 5/09/2024
                                                    GROUND FLOOR

                         SD2.03C            C       Annotated by Council:                          5/09/2024
                                                    SCHEMATIC DESIGN – UPPER GROUND
                                                    FLOOR

                         SD2.04C            C       SCHEMATIC DESIGN – FIRST FLOOR                 5/09/2024

                         SD3.01C            C       SCHEMATIC DESIGN – ELEVATION NSE               5/09/2024

                         SD3.02C            C       SCHEMATIC DESIGN – ELEVATION W – 5/09/2024
                                                    SECTION 01

                         SD3.03C            C       SCHEMATIC DESIGN – SECTION AB                  5/09/2024

                      *(Refer to Advisory Note)
                      Building Height
               4.     The maximum height of the development must not exceed 8.0 metres above the ground
                      level.
               5.     The ground level must be graded and landscaped between the Seaview Terrace frontage
                      and the building façade (directly to the east of the Living 2 and Deck) to ensure that no part
                      of the lower level is visible from Seaview Terrace.
               6.     The ground level from the Dwelling house to the Seaview Terrace property frontage must
                      return to ground level as shown on Approved plan SD2.03C.
               7.     Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
                      certifies that the building does not exceed the maximum height requirement of this Decision
                      Notice.
                      External Colours & Finishes
               8.     External colours and finishes must be of muted environmental tones that blend with the
                      surrounding vegetation and landscape, with broad expanses of a single colour or reflective
                      surfaces not permitted.
                      Landscaping Works
               9.     Existing vegetation along the property frontage must be retained, unless written authorisation
                      from Council is granted for the clearing.
               10.    All site landscape works must be established and maintained in accordance with the
                      approved design for the life of the development, and in a manner that ensures healthy,
                      sustained and vigorous plant growth. All plant material must be allowed to grow to full form
                      and be refurbished when its life expectancy is reached.


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                      Site Access and Driveways
               11.    A sealed access driveway must be provided from Seaview Terrace to the parking and
                      manoeuvring areas of the development. The works must be generally in accordance with
                      drawing number 0111-OW2.1 Revision A prepared by SCG Consulting engineers dated 10
                      July 2024 and undertaken in accordance with an Operational Works approval and must
                      include in particular:
                      a.      a driveway crossover generally in accordance with Council’s Standard Drawings RS-
                              49 and RS-050
                      b.      removal of any redundant driveways and the instatement of the kerb and channel and
                              the verge area
                      Stormwater Drainage
               12.    The site must be provided with a stormwater drainage system connecting to a lawful point of
                      discharge. The works must be generally in accordance with drawing number 0111-SW1.1
                      Revision A prepared by SCG Consulting engineers dated 10 July 2024 and undertaken in
                      accordance with an Operational Works approval.
               13.    Stormwater runoff from the development must be discharged to the existing Council
                      stormwater drainage system in Seaview Terrace and/or disposed of on-site without causing
                      scour or damage to the subject site or any adjoining property.
                      Earthworks and Retaining Walls
               14.    All earthworks and associated retaining structures/batters, both above and below ground
                      level, both temporary and permanent, must be contained entirely within the subject site
                      unless written permission from the respective landowner(s) is provided to Council. All
                      earthworks must be undertaken in accordance with the provisions of Australian Standard
                      AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
                      Damage to Services and Assets
               15.    Any damage caused to existing services and assets as a result of the development works
                      must be repaired at no cost to the asset owner at the following times:
                      a.      where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
                              or
                      b.      where otherwise, upon completion of the works associated with the development.
                      Any repair work which proposes to alter the alignment or level of existing services and assets
                      must first be referred to the relevant service authority for approval.
               5.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      Short Stay Letting Approval
               1.     Short Stay Letting (Approval SSL22/0499) is only relevant to the existing dwelling at the site.
                      Upon redevelopment of the site in accordance with DBW24/0067, Short Stay Letting
                      approval SSL22/0499 may be invalid or required amendment.
                      It is recommended that you seek professional advice as to how to proceed with either
                      renewing or amending SSL22/0499 approval.
                      Infrastructure Charges
               2.     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



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                      Building and Construction Industry (Portable Long Service Leave) Levy
               3.     The QLeave levy must be paid prior to the issue of a development permit where it is required.
                      Council will not be able to issue a Decision Notice without receipt of details that the Levy has
                      been paid.
                      Co-ordination of Operational Works Assessment
               4.     Additional application fees apply to Operational Work applications where the different
                      aspects of the works are lodged separately. Significant savings in application fees will result
                      if all works are lodged in a single application.
                      Preparation of a Preliminary Construction Management Plan
               5.     A preliminary Construction Management Plan must be submitted with the Operational Works
                      application and must address the following:
                      a.      traffic management during all aspects of the construction phase including:
                              i.       a Traffic Management Control Plan in accordance with the Manual of Uniform
                                       Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
                                       control measures prior to construction
                              ii.      maintenance of safe vehicle and pedestrian access for the areas affected by the
                                       works during and after daily construction has ceased
                              iii.     proposed fencing to the site during the construction phase of the development
                              iv.      provision for worker car parking
                      b.      maintenance and protection of water quality and existing drainage lines through the
                              construction site, through the implementation of appropriate erosion and sediment
                              control measures
                      c.      works programme identifying key components of the works and their respective
                              durations
                      d.      establishment of a communication protocol with the general public, adjoining owners
                              and emergency services to advise of agreed construction times, impacts on traffic,
                              services and other relevant issues.
                      e.      Include a post out to the local residents advising of the proposed development, the
                              expected time frames and the site contact details.
                      f.      Include signage in prominent locations on the boundaries of the site advising of the
                              proposed development, the expected time frames and the site contact details.
                      g.      identification of complaint management procedures including:
                              i.       contact details for the on-site manager
                              ii.      dispute resolution procedures
                      h.      details on the location of external fill/dump sites/sources, the haulage route, type of
                              vehicle to be utilised during filling operations and frequency of usage. NB any damage
                              to the existing road system as a result of haulage operations shall be fully repaired at
                              the applicant’s expense
                      i.      it is acknowledged that the preliminary Construction Management Plan will be a draft
                              document requiring finalisation upon appointment of the Principal Contractor employed
                              to construct the works and a final document will be required to be submitted at the Pre-
                              Start Meeting for the project.
                      Private Infrastructure
               6.     All private infrastructure for the development must be designed to meet the planning scheme
                      requirements unless otherwise agreed by the relevant authority




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Document Set ID: 23263252
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Page 5

               6.     PROPERTY NOTES

               Not applicable.
               7.     VARIATION APPROVAL DETAILS

               Not applicable.
               8.     FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required             Subject of the required Development Permit

                Development Permit for Operational Works        Driveway access, Stormwater.

                Development Permit for Building Works           All building work.

               9.     SUBMISSIONS

               Not applicable.
               10.    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
               Council agrees or agrees in part with the representations, a negotiated decision notice will be
               issued. Only one negotiated decision notice may be given.
               11.    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,




               Andrew Gaffney
               Senior Development Planner


               Enc:   Appeal Rights
                      Approved Plans/Documents




                                                                                                       Page 5 of 6
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Version: 2, Version Date: 27/09/2024

Page 6

                                                                              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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Document Set ID: 23263252
Version: 2, Version Date: 27/09/2024

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