Original source · versioned page text
Bulk_20231019152518
Attached to the e-mail MCU22_0119 - 1 Pitta Street Peregian Beach - Notice of Suspension of Appeal Period.
Noosa Council documents
Officer: Nadine Gorton
Direct Telephone: 07 53296215
Our Reference: MCU22/0119
Your Reference: 602
19 October 2023
DP Comiskey & CL Heaven
C/- Innovative Planning Solutions Pty Ltd
PO Box 1043
MAROOCHYDORE QLD 4558
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 19 October 2023, Council decided to issue a
decision notice approving the application subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU22/0119
Street address: 1 Pitta St Peregian Beach
Real property description: Lot 715 P 93127
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The application is taken to have been approved (a deemed approval) under section 64(5) of
the Planning Act 2016. The following approval is given:
• Development Permit for Material Change of Use - Dwelling house
3. CURRENCY PERIOD OF APPROVAL
The Currency Period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. 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.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
Page 1 of
9
Document Set ID: 22621442
Version: 4, Version Date: 19/10/2023 Print Date: 19 October 2023, 3:25 PM
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalSearchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 8 pages
Page 2
Noosa Council documents
Currency Period
2. This development approval lapses if the use has not happened by 18 October 2029,
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 tables below. The plans must be amended to
incorporate the amendments listed within the table below and resubmitted to Council
prior to the issue of any Development Permit for Building Works*.
Plan No. Rev. Plan/Document Name Date
Nil - - -
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
20006-DD 10.1 S Basement Plan prepared by KP 6 July 2023
Architects
Amendments The proposed fill and block wall must be setback a minimum of
2m from the front boundary to Pitta Street.
The proposed fill must be setback a minimum of 2 metres from
the western side boundary.
All structures, including the pool, stairs, pool area entry and
landing must be setback a minimum of 6 metres from the seaward
boundary.
The entry arbour is not approved and must be removed from the
plans.
Plan No. Rev. Plan/Document Name Date
20006-DD 10.2 W Level 01 Plan prepared by KP Architects 6 July 2023
Amendments The proposed fill and block wall must be setback a minimum of
2m from the front boundary to Pitta Street.
The site cover of level 01 must not exceed 40%.
The building and all structures must be setback a minimum of 6
metres from the seaward boundary, apart from the eave
overhang.
The entry arbour is not approved and must be removed from the
plans.
Plan No. Rev. Plan/Document Name Date
20006-DD 10.3 U Level 02 Plan prepared by KP Architects 6 July 2023
20006-DD 11.1 M Roof Plan prepared by KP Architects 6 July 2023
Page 2 of 9
Document Set ID: 22621442
Version: 4, Version Date: 19/10/2023 Print Date: 19 October 2023, 3:25 PM
Page 3
Noosa Council documents
Amendments The building and all structures must be setback a minimum of 6
metres from the seaward boundary, apart from the eave
overhang.
The cantilevered planter to the western side boundary is to be
deleted.
Plan No. Rev. Plan/Document Name Date
20006-DD 20.01 R Elevations prepared by KP Architects 6 July 2023
20006-DD 20.02 R Elevations prepared by KP Architects 6 July 2023
Amendments The cantilevered planter shown on the north and south elevations
of the building must not extend to the western side boundary and
be setback a minimum of 3m from the western boundary.
The block wall must be setback a minimum of 2 metres from the
front boundary to Pitta Street.
All structures within the front 6m setback to Pitta Street, including
the pool, stairs, pool area entry and landing, must be less than 1
metre above ground level.
The front setback area must be finished in manner that fully
screens the basement level and the building has the appearance
of a 2 storey dwelling only when viewed from Pitta Street.
The building and all structures must be setback a minimum of 6
metres from the seaward boundary, apart from the eave
overhang.
The entry arbour is not approved and must be removed from the
plans.
The cantilevered planter to the western side boundary is to be
deleted.
Plan No. Rev. Plan/Document Name Date
2006-DD 30.01 M Sections prepared by KP Architects 6 July 2023
The building and all structures must be setback a minimum of 6
metres from the seaward boundary, apart from the eave
overhang.
*(Refer to Advisory Note)
Building Height
4. The maximum height of the development must not exceed 8 metres above the ground
level, including where excavation is undertaken the exposed portion of the external
façade of the building.
5. The ground level must be reinstated around the basement level as shown on the
Approved Plans - eastern and western elevations.
6. 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.
Page 3 of 9
Document Set ID: 22621442
Version: 4, Version Date: 19/10/2023 Print Date: 19 October 2023, 3:25 PM
Page 4
Noosa Council documents
Performance Bond
7. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
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.
Car Parking
8. A minimum of 2 car parking spaces must be provided on site and made available and
accessible at all times for residents.
Streetscape
9. Any shipping containers, railway carriages or similar must be placed behind the dwelling
house and not visible from the street.
Lighting Amenity
10. No flood lighting must be used on site. Any vertical illumination resulting from direct,
reflected or other incidental external lighting emanating from the site must not exceed 8
lux when measured at any point 1.5 metres outside the boundary and at any level from
ground level upward.
Environment
11. Sediment or any other material including building materials or waste products must not
be deposited or released into the road reserve, stormwater drain or adjacent properties.
Landscaping Works
12. A minimum of 20% of the site must be retained as soft landscaping.
13. Existing trees on the site must be retained, except where required to be removed to
accommodate the approved dwelling.
14. Existing vegetation in the road reserve must be retained, unless written authorisation
from Council is granted for the clearing.
15. Trees to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape
b. installing protective fencing around the drip line of the vegetation
c. restricting stockpiling, storage and vehicle parking to those areas which are
already cleared
d. using low impact construction techniques around vegetation.
16. The development site must be landscaped. The works must be undertaken in
accordance with the Noosa Plan for that specific area and must include:
a. provision of 1 street tree with a minimum pot size of 45 litres within the road reserve
for every 8 metres of road frontage
b. provision of dense screen planting between the block wall and the front boundary
to Pitta Street to screen the block wall and assist in softening the dwelling’s built
form when viewed from Pitta Street.
c. provision of dense screen planting along the western and eastern boundary to
visually screen the basement level from view.
Page 4 of 9
Document Set ID: 22621442
Version: 4, Version Date: 19/10/2023 Print Date: 19 October 2023, 3:25 PM
Page 5
Noosa Council documents
17. All 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.
18. All planting areas on the eaves must be planted and maintained at all times, with
replacement planting undertaken promptly where plants fail or do not have a healthy
and vigorous growth.
Coastal Protection
19. External colours and finishes must be of muted/environmental tones that blend with the
natural environment and low-reflective roofing and cladding materials.
20. Any fencing to the eastern boundary must not exceed 1.2 metres in height, be of open
construction, constructed of light weight materials (eg. timber) and be dark in colour to
blend with the natural landscape.
Site Access and Driveways
21. A sealed access driveway must be provided from Pitta Street to all parking and
manoeuvring areas of the development. The works must be undertaken generally in
accordance with Council’s Standard Drawings RS-049 and RS-050 and any associated
addendum.
Stormwater Drainage
22. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge. Stormwater runoff from the development must be disposed of on-
site without causing scour or damage to the subject site or any adjoining property and/or
discharged to the existing kerb and channel in Pitta Street.
Earthworks and Retaining Walls
23. All earthworks must be carried out in accordance with a site specific Geotechnical
Investigation/Report prepared by a qualified person* and endorsed through a Building
approval.
24. The site specific Geotechnical Investigation/Report must consider the potential for the
works to encounter acid sulfate soils and must include, but not be limited to:
d. Soil investigation and testing
e. Where Acid Sulfate Soils are likely to be encountered, inlcude an Acid Sulfate
Soils Management Plan that considers the treatment of the soils and where
relevant, export of the soils from the site
*(Refer to Advisory Note)
25. 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.
26. All earthworks must be undertaken in accordance with the provisions of Australian
Standard AS3798: Guidelines on Earthworks for Commercial and Residential
Developments.
27. All retaining walls must be designed and constructed in accordance with the planning
scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining
walls that are publicly accessible and exceed 1.0m in height must be fitted with a
commercial grade safety fence.
Page 5 of 9
Document Set ID: 22621442
Version: 4, Version Date: 19/10/2023 Print Date: 19 October 2023, 3:25 PM
Page 6
Noosa Council documents
Damage to Services and Assets
28. 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:
f. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
g. 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. REASONS FOR APPROVAL
The applicant gave a deemed approval notice on 10 October 2023, stating that the application
should be approved as the application was not decided within the extended decision period.
6. REFERRAL AGENCIES
Not Applicable
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
Development Compliance Inspection
1. Prior to the commencement of the use, please contact Council's Development
Assessment Branch to arrange a Development Compliance Inspection.
Resubmission of Amended Plans Required
2. The conditions of this Decision Notice require resubmission of plan/s to Council with
amendments. Please address the amended plan/s to Council’s Development
Assessment Branch with the Reference No. MCU22/0119, separate to any Operational
Works application. To avoid delays and assessment issues with the Operational Works
application, it is recommended the plan/s be resubmitted prior to lodgement of any
Operational Works application. However, should the plans not be submitted, the
applicant is advised that a Preliminary Approval may be issued in lieu of a Development
Permit.
Sustainability
3. Council encourages sustainable and energy efficient building design for all development,
including the use of sustainable building materials, energy efficient fittings, solar hot
water, photovoltaic systems (including the use of inverter/charges), solar panels, water
saving devices and rainwater harvesting.
Fires in Urban Areas
4. In urban areas fires are prohibited except where in an appliance is used for domestic
heating or cooking purposes, which must comply with particular standards. Any area
identified as a fire pit area on approved plans is to be in accordance with Local Law &
Subordinate Local Law No. 3, Schedule 3. Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
Page 6 of 9
Document Set ID: 22621442
Version: 4, Version Date: 19/10/2023 Print Date: 19 October 2023, 3:25 PM
Page 7
Noosa Council documents
Infrastructure Charges
5. 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.
Building and Construction Industry (Portable Long Service Leave) Levy
6. 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.
Qualified Person
7. For the purpose of preparing a Geotechnical Investigation/Report, and for certifying
geotechnical stability and acid sulfate soils for the development, a qualified person is
considered to be a person who:
a. is a Registered Professional Engineer of Queensland (RPEQ); and
b. has a degree in civil engineering or engineering geology; and
c. has a minimum of 5 years experience in the field of geotechnical engineering or
engineering geology.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building Works
11. SUBMISSIONS
Not applicable.
12. 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.
13. 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.
Page 7 of 9
Document Set ID: 22621442
Version: 4, Version Date: 19/10/2023 Print Date: 19 October 2023, 3:25 PM
Page 8
Noosa Council documents
Yours faithfully,
Nadine Gorton
Acting Coordinator Planning
Enc: Appeal Rights
Approved Plans/Documents
Page 8 of 9
Document Set ID: 22621442
Version: 4, Version Date: 19/10/2023 Print Date: 19 October 2023, 3:25 PM
Page 9
Noosa Council documents
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
(2) The notice of appeal must be accompanied by the required fee. the person has not complied with the rules of the P&E Court
Page 9 of 9
Document Set ID: 22621442
Version: 4, Version Date: 19/10/2023 Print Date: 19 October 2023, 3:25 PM