Minor Change Existing Approval 132009.879.03

Officer: 	Glen Conforti
Direct Telephone: 	07 53296241
Our Reference:	132009.879.03  : JELDER
Your Reference:	n/a
5 September 2018
PF Amour
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567

[email protected]
Dear Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 20 August 2018, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	132009.879.03
Street address:	8 Arakoon Cres Sunshine Beach Qld 4567
Real property description:	Lot 786 RP 48111
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 19 November 2009.
Development Permit for Material Change - Detached House
In relation to the request to make a minor change to the existing approval, Council on 4 September 2018, decided to approve the requested changes.
Approve a change to Condition 2 extending the relevant period to 20 November 2020.
currency period of approval
The relevant period for this development approval is identified in the Assessment Manager conditions.
assessment manager conditions
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development.
Drawing No	Rev.	Plan - Prepared by	Date
1	B	Site Plan – Macchia Pty Ltd	10 June 2009
2	B	Ground Floor Plan – Macchia Pty Ltd	10 June 2009
3	B	First Floor Plan – Macchia Pty Ltd	10 June 2009
4	B	West Elevation – Macchia Pty Ltd	10 June 2009
5	A	North Elevation – Macchia Pty Ltd	10 June 2009
6	A	East Elevation – Macchia Pty Ltd	10 June 2009
7	B	South Elevation – Macchia Pty Ltd	10 June 2009
8	A	Section a-a – Macchia Pty Ltd	10 June 2009
9		Driveway Details – Macchia Pty Ltd	10 June 2009
And as, may be amended by these conditions and annotations on the plans.
Relevant Period
The Development Permit for a material change of use lapses if the use has not happened by 20 November 2020, unless an application to extend the currency is approved by Council.
Building Height
The building height shall not exceed 8.0 metres above the natural ground level, the finished ground level and 2 storey.
A verification survey of the building is to 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 or the Planning Scheme.
Security Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 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 and Vegetation
Dense screening vegetation shall be planted to the southern boundary adjacent the garage and planted in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.
Existing trees on the site and within the road reserve shall be retained, except where required to be removed due to building operations or the conduct of the approved use. In this regard:-
the removal of vegetation within the Coastal Management setback shall not extend beyond 1.5 metres of the building footprint.
a mix of coastal native landscaping such as ground covers, shrubs and trees shall be provided to any disturbed areas within the Coastal Management setback and planted in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines
All other vegetation shall be protected from interference resulting from clearing or construction activities by:
Clearly marking vegetation to be retained with flagging tape;
Installing protective fencing around the drip line of the vegetation;
Stockpiling, storage and vehicle parking occurs in already cleared areas and does not cause interference with vegetation; and
Low impact construction techniques are used around vegetation to minimise interference with the vegetation.
Cleared vegetation is to be suitably processed by one of the following methods and removed from the site:
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.
Disposal for firewood.
Disposal for landscaping purposes.
Transport to alternative site for breaking down materials provided that all necessary permits have been obtained to allow the alternate site to be used for this purpose.
The applicant is advised that burning off is an unacceptable method of disposal.
A minimum of 20% of the site shall be retained as soft landscaping
General
Buildings and structures (including swimming pools, sheds, or outbuildings) shall not be constructed under overhead electricity transmission lines, or within any easements.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural).
External colours and finishes of the building shall comprise of muted/environmental tones that blend with the natural environment.
Gates must not be installed along the rear property boundary.
Demolition or Relocation of Existing Dwelling
Infrastructure including reticulated water, sewerage, stormwater, and electricity are to be protected from damage and made safe to the standard required by the regulatory authority.
All infrastructure must be disconnected, capped or sealed including:
electricity meters  removed and electrical wires disconnected; and
telephone lines are disconnected; and
high speed data cables and television provider boxes are disconnected and removed to the standard required by the regulatory authority
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging, must be removed from the building and disposed of in accordance with industry best practice.
Waste generated during construction must be stockpiled in a centralised location and covered as required to prevent material being blown onto adjoining properties including the road reserve or food waste from generating vermin. All site waste must be disposed of to an approved waste disposal facility either directly or via an approved waste receptacle and collection service.  Storage areas are to be located near the temporary access to the site so that access can be gained with out damage to infrastructure.
All building materials containing asbestos products must be disposed on in accordance with industry best practice.
A temporary crossing must be provided to protect road reserve infrastructure including kerb and channel.
Any damage to footpaths, street plantings, kerb and channel or roadways at the removal site, the relocation site or between the sites must be repaired or reinstated to at least pre-existing conditions.
All disturbed areas must be revegetated or otherwise stabilised at the completion of the works. Disturbed areas are revegetated using species identified in PSP3 – Landscaping Plants and Guidelines.
The transportation of all materials to and from the site must be undertaken in a manner such that no particle matter escapes onto a public road. All vehicles carrying out materials either to or from the site shall be covered to prevent materials, including dust, being windblown from the vehicle.
A Waste Management Plan (demolition) shall be submitted for Building Works approval. The waste Management Plan (demolition) is required to be submitted in accordance with Planning Scheme Policy 11- Waste Management Plans. The Plan shall contain the following information:-
A waste management table as indicated below is to be completed showing how waste material is to be segregated – recycled – reused or disposed.
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume (m³)	On-site *specify proposed reuse or onsite recycling methods	Off-site *specify contractor & recycling outlet	*Specify contractor & landfill site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber – please specify				
Plasterboard				
Metals – please specify				
Asbestos				
Other – please specify				
NOTE: Details of site area to be used for onsite separation, treatment and storage (including weather protection) shall be provided on the plan drawings accompanying your application.

The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Additionally, Council rewards those who segregate waste by significantly reducing disposal fees at the landfill with some items free. Higher gate fees are charged for loads of mixed waste.
Vehicle Access
The driveway shall be a maximum of 4.5 metres wide at the kerb pursuant to the Detached House Driveways Code.
The driveway shall be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any step or level difference.  The grades of the driveway shall comply with AS/NZS 2890.1-2004
A Road/Footpath Permit shall be completed and submitted for the construction of the access driveway in accordance with Council’s Local Law No.8. If approval is given the driveway shall be constructed in accordance with Council’s standard drawings, which shall be provided at time of approval. A minimum cover of 750mm must be maintained over the Council sewer branch located under the proposed driveway.
The proposed driveway must be located clear of the existing water meter.
All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications prior to commencement of the use permitted by this permit.
Roof Water & Stormwater Drainage
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 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.
A Registered Professional Civil Engineer shall prepare and certify the plans of the drainage design. All stormwater drainage (including roof water overflow from the rainwater storage system) shall be collected within the site and discharged so there is no net increase in stormwater runoff from the site.  Stormwater drainage permitted to drain from the site shall be discharged:
by an approved method (eg on-site absorption pit) constructed within the site that is designed to ensure no adverse impact on the natural slope and the adjoining properties and the natural reserve/s or/and,
to street’s kerb & channel drainage system in Arakoon Crescent.
Sewer Mains
The site shall be connected to Council’s existing sewerage reticulation and town water supply systems and be constructed in accordance with Council’s standards and requirements at no cost to Council.
A minimum clearance of 1.0 metre must be maintained from the pump up connection point to any building or structure.
Construction works undertaken in the vicinity of Council water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant
Each individual water connection to the water reticulation system shall extend to the property boundary and be metered.  All fees for the supply of water meters shall be paid to the Council.
All water meters must be located outside the property boundary and in an easily assessable location to facilitate unhindered reading by Council and/or Council’s contracted water meter readers, and not behind fences or locked gates.  In this regard approval of the water meter configuration and location must be obtained from Council’s Sunshine Coast Water - Capital Works Manager prior to lodgement and approval of hydraulic drawings.
Any building or structure within proximity of any underground public utility must have its foundations designed so that no surcharge loads are imposed upon such underground infrastructure.  Foundations must be taken down a minimum of 1.0m below a line of influence measured 1.0m in the direction of the foundation from the centreline of the closest underground service and along the natural angle of repose of the foundation soil type(s) and shall be designed by a registered practicing Geotechnical Engineer.
Site Stability and Earthworks
A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the soil classification, establish whether any measures are required to protect the stability of adjoining buildings and/or structures and/or land, and make recommendations on the type of foundation system(s) best suited for the proposed development. The recommendations of this report shall be incorporated into the design and construction of the proposed development.
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.
Erosion and Sediment Control
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, plans 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.
referral agencies
Not Applicable.
aPPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following tables:
Approved Plans
Drawing No	Rev.	Plan - Prepared by	Date
1	B	Site Plan – Macchia Pty Ltd	10 June 2009
2	B	Ground Floor Plan – Macchia Pty Ltd	10 June 2009
3	B	First Floor Plan – Macchia Pty Ltd	10 June 2009
4	B	West Elevation – Macchia Pty Ltd	10 June 2009
5	A	North Elevation – Macchia Pty Ltd	10 June 2009
6	A	East Elevation – Macchia Pty Ltd	10 June 2009
7	B	South Elevation – Macchia Pty Ltd	10 June 2009
8	A	Section a-a – Macchia Pty Ltd	10 June 2009
9		Driveway Details – Macchia Pty Ltd	10 June 2009
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
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:
On a Sunday or public holiday, at any time; or
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.
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.
The applicant is advised that a Compliance Permit for all plumbing and drainage works within the boundaries of the development site shall be obtained from Council’s Plumbing Services Section prior to obtaining a Development Permit for Building Works.
For properties located in the catchment area for the Coastal Major Road Network Infrastructure Charges Plan, a Building Works application may trigger an Infrastructure Charge payable to Council in accordance with the Infrastructure Charges Plan and Chapter 5 of the Integrated Planning Act 1997
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
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 ACH 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  Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
property notes
Not Applicable
variation approval details
Not Applicable.
further development permits required
Development Permit for Building Works - All Building Works
submissions
Not Applicable.
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.
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,

Glen Conforti
Development Planner

Enc:	Appeal Rights
cc.	Unitwater

DECISION NOTICE HISTORY
Original Decision Notice – 19 November 2009.
Decision Notice – Extension to Currency Period – 132009.879.01, 14 November 2013.
Decision Notice – Extension to Currency Period – 132009.879.02, 17 November 2016.
Decision Notice – Extension to Currency Period – 132009.879.03, 4 September 2018.

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(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 –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(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 appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to 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

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PO Box 141		P. (07) 5329 6500	[email protected]	
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