Council archive · source document
Decision Notice - Minor Change - 51997 2256 02 [As Published] · 51997.2256.02
Officer: Tara Norley
Direct Telephone: 07 53296486
Our Reference: 51997.2256.02
Your Reference: 002636
24 April 2023
Mitch Noosa P/L TTE
C/- RG Strategic Australia
PO Box 1818
NOOSA HEADS QLD 4567
[email protected]; [email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 1 February 2023, 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: 51997.2256.02
Street address: Bella Casa
40 Hastings St, Noosa Heads
6/40 Hastings St, Noosa Heads
Real property description: Lot 0 SP 108895, Lot 6 SP 108904
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 5 November 1997.
• Town Planning Consent Permit - Multiple dwellings x 26, Shop and Commercial Services
(Bank).
In relation to the request to make a minor change to the existing approval, Council on 18 April
2023, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend the approval description to:
• Town Planning Consent Permit - Multiple dwellings x 26 and Shop
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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C. Amend conditions 19 and 20.
D. Include additional Condition 49.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
Town Planning
1. This approval acknowledges that the development may be undertaken in stages and a that
a temporary bank structure may be erected to allow continuous operation of the existing bank
tenancy. Public access and carparking spaces are to be available to the site as indicated on
Plan 187116/3B dated May and August 1997, prepared by John Dimitriou Architects, at all
times that the bank is operating.
The Developer may apply to Council for a determination on which conditions of this approval
shall apply to various stages.
2. There is to be no detrimental effect upon the amenity of the neighbourhood by reason of the
creation of excessive noise, lighting nuisance or other emissions.
3. The open space ad setback area are to be landscaped in accordance with Council’s Policy
on Landscaping Guidelines and properly prepared landscape plan to be submitted to and
approved by the Manager of Planning, prior to the issue of a Building Approval. Such
landscaping is to be completed in accordance with the approved landscape plan, prior to the
premises being occupied and maintained at all times thereafter to the reasonable satisfaction
pf the Manager of Planning.
No clearing is to take place until the landscaping plans are approved.
4. The developer shall comply with the recommendations of the consultant’s report on the
existing fig tree to the satisfaction of the Manager of Planning.
5. If within a period of two (2) years after the completion of the works adjacent to the fig tree in
the north-eastern corner of the site, the tree dies or demonstrates discernible characteristics
that reasonably conclude the tree will not survive, the developer shall provide a replacement
tree of an equivalent or similar species and size to the satisfaction of the Manager of
Planning.
6. Existing trees on the site and within road reserves are to be retained, except where required
to be removed due to building operations or the conduct of the approved use. The
landscaping plans referred to the above are to denote areas of existing vegetation or existing
trees proposed to be retained.
7. Any advertising sign or device is to comply with the provisions of Council’s policies on
advertising.
8. The footpath and setback areas are to be kept clear of goods, signs street furniture not
approved by Council.
9. Submission of security in the form of a cash bond or trading back guarantee to the sum of
$30,000 to secure performance of conditions, prior to the issue of Building Approval. The
cash bond or trading bank guarantee will be returned upon performance of the conditions of
approval.
$20,000 of the security will be retained for the purposes of requiring compliance with the
conditions relating to the existing fig tree in the north-eastern corner of the site and will be
returned upon the performance of those conditions.
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The security required, must be lodged within two (2) years of the date of Council’s
decision/the Court’s Order. Alternatively, a written request may be made prior to this date,
seeking extension of the tow (2) year lodgement. If neither of the above actions have been
undertaken within two (2) years of Council’s decision, then the decision in respect of this
application is void and ceases to have effect.
10. The provisions of this approval are to be effected, prior to the commencement of the
approved use. Council reserves the right to call upon the bond or guaranteed sum referred
to in this approval to effect the compliance with conditions.
11. The Town Planning Consent Permit may be revoked pursuant to Section 4.14 of the Local
Government (Planning and Environment) Act if commencement of erection or works have
not been made in accordance with that Permit or the rights conferred by the Permit are not
exercised within two (2) years of the date of issue of the Permit.
12. The Town Planning Consent Permits lapse where:-
12.1. The use or erection of a building or other structure associated with the use, has not
been commenced within four (4) years if the date of issue of the Town Planning
Consent Permit, unless application is made and approved by Council for an extension;
or
12.2. The use of any premises pursuant to the Town Planning Consent Permit ceases for a
period of twelve (12) months.
Health
13. Provision of approved refuse container in accordance with requirements of the
Environmental Protection (Interim Waste) Regulations 1996 for the storage and collection of
reuse to the satisfaction of Council’s Environmental Health Officer.
14. Provision of an imperviously paved area upon which to stand all refuse and recycling
containers together with suitable enclosure, if required, to enclose the refuse container area
to the satisfaction of the Environmental Health Officer.
15. Any flat or unit intended to be let out for fee or reward is to be licensed annually with Council’s
Health Department in accordance with the provisions of Chapter 43 of Council’s By-Laws
prior to such letting.
16. The Swimming pool shall be licensed annually with Council’s Health Department in
accordance with the provisions of Chapter 42 of Council’s By-Laws.
17. The swimming pool pumps are to be located in a manner which prevents noise disturbance
beyond the subject land.
18. Airconditioning units shall be located in a manner which prevents noise disturbance beyond
the subject land.
Engineering
19. Provision of at least 35 off-street car parking spaces, comprising 27 covered spaces and 8
uncovered spaces, and access thereto which are to be provided with a sealed pavement and
designed, drained, constructed and maintained in accordance with the Planning Scheme
AS2890.1 1993 edition, Council's Policies and to the reasonable satisfaction of the Shire
Engineer.
a. The Lot 28 carpark is to be utilised by Staff of the accommodation building only and
must not be made available to guests or visitors to the site.
20. The developer is permitted to install a security gate within the carparking area. Guests,
visitors and employees of the multiple dwelling and shop are to be permitted access to park
within the site.
21. All separate, adjoining lot that form part of this application are to be amalgamated into one
undivided lot in accordance with Section 5.11 of the Local Government (Planning and
Environment) Act, prior to the issue of a Building Approval.
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22. Payment of contributions towards roadworks and landscaping improvements in the Hastings
Street area in the amount of $47,450. Such payment is to be made prior to a building approval
being granted for the site.
23. Payment of a contribution to Council in accordance with Council’s Policy on Beach Access
Contributions, prior to the issue of Building Approval. Such payment shall be in accordance
with the contribution rate adopted by Council and current at the time of the payment. An
estimate only of the contribution at the date of this decision is $1690.
24. Payment of contributions in accordance with Council’s Policy on Water Supply and Sewerage
Headworks. An estimate only of the charges as at October 1997, under the current policy is
as follows:-
Water Supply $68,243
Sewerage $57,032
TOTAL: $125,275
Please note that the headworks charges will alter in accordance with Price Index variations
or if any amendment is made to Council’s Policy.
Headworks contributions shall be calculated and paid in accordance with either of the
following alternatives:-
24.1. Payment to be made prior to the issue of a Building Approval in the amount calculated
under the Policy at that date; or
24.2. Payment may be deferred to a date:-
24.2.1. Prior to Council sealing plans of the development for titling purposes;
24.2.2. Prior to the issue of a Certificate of Classification for any building approved
under this application; or
24.2.3. Prior to commencement of the approved use at the relevant premises;
Whichever is sooner. Payment of deferred headworks contributions shall
also be subject to the following requirements:-
24.2.4. Submission of a trading bank guarantee to the value of headworks
assessed at the time prescribed by the Local Government (Planning and
Environment) Act 1990, plus 20%, prior to Building Approval;
24.2.5. Headworks shall be calculated as the value of headworks assessed at the
time prescribed by the Local Government (Planning and Environment) Act
1990, plus interest charged at the rate set by the Queensland Treasury
Corporation for Local Government borrowings as the apply to Noosa Shire.
The interest rate used shall be the rate at the “time prescribed” above;
24.2.6. Should the contributions not be paid at the due time, Council shall call upon
the security lodged; and
24.2.7. In the case of a building permit, if a permit expires the securities held will
be returned.
25. The developer shall bear the cost of alteration of any public utility or other facilities
necessitated by the developer of the land or associated construction works external to the
site.
26. Connection to Council’s existing water supply and sewerage reticulation systems at the
developer’s expense to the standards and requirements of Council’s Shire Engineer.
27. The developer shall provide metered water connections from the water supply system to the
proposed development, in accordance with Council’s standards and to the satisfaction of the
Shire Engineer.
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28. The site is to be filled to levels nominated by the Shire Engineer to provide adequate site
drainage. Flood levels for all building and other structures and car park areas are to be in
accordance with the requirements for the Shire Engineer. A Building Approval shall not be
granted until the Shire Engineer has approved the levels. Fill and floor levels will be provided
on application to the Council’s Engineering Department. Any filling works undertaken on the
site shall be carried out in accordance with Section 3.8 of Council’s “Engineering Designs
Standards” manual so as not to cause the ponding of water on any adjoining lands or
blockage of, or interference with, any natural watercourses. No earthworks or filling works
are to be undertaken until issue if a Building Approval.
29. Rood and surface water is to be collected on site and is to be discharged through a single
underground drain line into existing drainage in Hastings Street and Noosa Parade to the
satisfaction of the Shire Engineer. A Building Approval shall not a granted until the Shire
Engineer has approved of the drainage scheme.
30. All construction operations shall be carried out to the reasonable requirements of the Shire
Engineer, including parking, unloading, storage and handling of construction materials
adjacent to the site.
31. The applicants shall be responsible for the control of erosion and sediment export from the
site.
32. Site control measures such as silt fencing, controlled gravel access to the site and controlled
disposal of waste, may be necessary. The applicants shall be required to submit an erosion
and sediment control plan with the Building Application. This plan is to be approved by the
Development Engineer, prior to the issue of the building approval.
33. The applicants are to note that all construction traffic and deliveries are to be made from the
rear access off Noosa Parade. The applicants are to seek permission for any disruption to
the traffic flow pass the site. Any traffic control requirements shall be at the discretion of the
Shire Engineer and the applicant’s expense.
A $2,000 site control bond is required, to ensure compliance with this condition.
34. The access to the rear car park off Noosa Parade is to be designed to link partly with the
existing access from the adjoining tennis court carpark. The driveway is to be directed from
the carpark towards the existing vehicle crossover and a new crossover constructed on the
existing kerb alignment. This crossover will comply with Council Dwg No 9002 – Industrial
Crossing Type A. The design for this access is to be prepared by a Registered Civil Engineer
and submitted to Council for approval by the Shire Engineer.
35. The existing sewer which traverses the site is to be realigned clear of the proposed building
at the applicant’s expense. A plan detailing this is to be submitted to Council for approval by
the Shire Engineer prior to the issue of a building approval.
36. Construction of roadworks, drainage and footpath improvements across the full frontage of
the development to the satisfaction of the Shire Engineer. Such works shall involve the
construction of kerb and channel, bitumen widening, associated drainage, hot mix correction
to the existing pavement, where required and footpath upgrading works. In the regard, plans
prepared by a registered Civil Engineer are to be submitted to and approved by the Shire
Engineer, prior to issue of Building Approval.
37. The footpath across the Hastings Street frontage of the site is to be fully paved from the kerb
and channel to the property alignment and landscaped in accordance with condition 3. above,
to the satisfaction of the Shire Engineer.
The pavement is to be designed and constructed to ensure pedestrian safety using non-slip
materials and to produce an evenly graded surface finish.
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38. The footpath across the Noosa Parade frontage of the site is to be upgraded by the provision
of a 1.2 metres wide concrete footpath and the forming, grassing and topsoiling of the
remaining area to the standards and requirements of the Shire Engineer. The applicant is to
contact Council’s Engineering Department to determine the footpath alignment prior to the
commencement for any works. A meandering footpath is desirable.
Building
39. Submission to and approval by Council of building plans in accordance with the Building Act,
Council’s By-Laws and Policies, the conditions of this approval and substantially in
accordance with plans No. 22, 23 and 24 dated August 1997, prepared by John Dimitriou
Architects and the Shire Engineer Planning Scheme apart from where amendments are
required or dispensations have been granted in conjunction with this approval. Building “C”
is permitted to adjoin the eastern boundary in accordance with Plans CD/20C and 23C.
40. The plans submitted for Building Approval are to comply with the following requirements:-
40.1. The dwelling units shall be designed with some considerations to persons with
disabilities. This condition applies to floor surfaces throughout and accessibility and
facilities associated with bathrooms and kitchens but does not extend to the full
requirements applicable to Building Class type 3.
41. Construction work and other associated activates are permitted only during the hours of 7.00
a.m. to 6.00 p.m. Monday to Sunday. No work is permitted on public holidays, except where
extended hours are approved by the Building Surveyor.
42. The developer shall submit a drawing that indicates compliance with Council’s 45% coverage
requirements for the building proposed to be erected. Such plans shall be submitted in
conjunction with the Building Application.
Additional Conditions 31 December 1997
43. The developer shall further comply with Tree Surgeon report by The Tree Doctor dated 16
December 1997. The final landscaping plan shall also provide for the protection required of
the trunk and root system in proximity to the trunk.
44. The fire protective walls to the eastern and western boundaries are to extend to a point
acceptable to the Principal Building Surveyor as providing necessary fire protection in
accordance with the requirements of the Building Code of Australia.
45. Building “C” shall not exceed 15 metres in height.
Additional Conditions 15 August 2013
46. As per permissible change approved 51997.2256.01, the approved plans for the commercial
premises (bank) or shop use are outlined below:
Drawing No Rev Description Date
D01 B Floor Plan/Ceiling Plan’ drawn by Thomsett 17/07/2013
Architecture
E01 A Elevations/Sections drawn by Thomsett 27/06/2013
Architecture
E02 A Section drawn by Thomsett Architecture 27/068/2013
47. Existing trees on the site, adjoining properties and within the road reserves must be retained.
48. The shop must include a minimum of 50% transparent glazing to the shopfront.
Additional Conditions of 18 April 2023
49. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below, in conjunction with plans listed in Condition 46.
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Drawing No Rev Description Date
A01 A Level A Car Parking Plan 30/01/2023
A02 A Level A Car Parking & Use Area Plan 30/01/2023
A03 A Level B First Floor Plan 30/01/2023
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:
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
Equitable Access and Facilities
2. The Plans for the proposed building work have NOT been assessed for compliance with the
requirements for the National Construction Code – Building Code of Australia – (Volume
One) Part D3 as they relate to people with disabilities. Your attention is also directed to the
fact that in addition to the requirements for the National Construction Code as they relate to
people with disabilities, one or both of the following may impact on the proposed building
work:
(a) The disability Discrimination Act 1992 (commonwealth)
(b) The Ani-Discrimination Act 1991 (Queensland)
(c) The Disability (Access to Premises – Buildings) Standards
Aboriginal Cultural Heritage Act 2003
3. 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 practical 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 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.
You should contact the Cultural Heritage Co-ordination unit on 07 3239 3647 to discuss any
obligations under the ACH Act.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
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9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works 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
Tara Norley
Development Planner
Enc: Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 5 November 1997 – 1185TC.
• Modification to Conditions – 31 December 1997 – 1185TC.
• Change to an Existing Approval – 51997.2256.01 – 15 August 2013.
• Amended Change to an Existing Approval – 51997.2256.01 - 26 August 2013.
• Decision Notice – Minor Change – 51997.2256.01 – 18 April 2023, with an amendment to approval description, amendment to
conditions 19 and 20 and additional condition 49.
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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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