Council archive · source document
Minor Change Existing Approval MCU21 0171 01 [As Published] · MCU21/0171.02
Officer: Andrew Gaffney
Direct Telephone: 07 53296284
Our Reference: MCU21/0171.01
Your Reference: 217
5 March 2025
NC Jorss & K Jorss
C/- Simply Town Planning
26 Nyes Crescent
BUDERIM QLD 4556
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 3 May 2024, 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: MCU21/0171.01
Street address: 34 Plover St Peregian Beach Qld 4573
Real property description: Lot 10 P 9313
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 9 June 2022
• Development Permit for Material Change of Use of Premises - Dwelling House
In relation to the request to make a minor change to the existing approval, Council on 3 March
2025, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend condition 2.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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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.
Approved Plans
2. 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
- - - -
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
0100 C Site Plan, prepared by Blok Architects 30.08.2024
1000 E Ground Floor Plan, prepared by Blok 30.08.2024
Architects
1001 C Street Level Floor Plan, prepared by Blok 30.08.2024
Architects
1002 C First Floor Plan, prepared by Blok Architects 30.08.2024
1003 C Roof Plan, prepared by Blok Architects 30.08.2024
3000 C Street and West Elevation, prepared by 30.08.2024
Blok Architects
3001 E North Elevation, prepared by Blok 30.08.2024
Architects
3002 C South Elevation, prepared by Blok 30.08.2024
Architects
4000 D East West Section, prepared by Blok 30.08.2024
Architects
Amendments Provide revised plans detailing a northern side boundary setback of
1.8 metres.
Provide revised plans to widen the “roof deck” planter box to a
minimum 1.5 metres along the northern elevation, as depicted below.
The useable floor area of the roof top terrace is not approved within
1.5 metres of the northern façade (aside for pedestrian access).
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The southern and western sides of the “roof deck” shall include a
privacy screen for the full length of the southern edge of the deck
area no less than 1.7 metres in height from the floor of the terrace to
ensure privacy and overlooking is managed and minimised.
The screen wall is not to exceed 8.0 metres above natural ground
level. Below red linework.
Built Form
3. Deleted
4. Deleted.
5. The maximum height of the development must not exceed 8 metres above the finished
ground level and the natural ground surface.
6. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
building does not exceed the maximum height requirement of this Decision Notice.
Currency Period
7. This development approval lapses if the use has not happened by 31 March 2026, unless
an application to extend the currency period is approved by Council.
Performance Bond
8. 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.
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Landscaping
9. A minimum of 20% of the site must be retained as soft landscaping.
10. Existing vegetation in the road reserve must be retained, unless written authorisation from
Council is granted for the clearing.
11. Screening vegetation must be planted along the northern property boundary in accordance
with Council’s Planning Scheme Policy PSP2 - Landscaping. The planted vegetation must
consist of native, endemic species.
12. Dense landscaping must be provided along the northern and southern sides of the dwelling
for the length of that part of the dwelling which is 3 storeys in height.
Coastal Protection
13. Gates must not be installed along the eastern property boundary to gain direct access to the
beachfront.
14. External colours and finishes of the building must comprise of muted/environmental tones
that blend with the natural environment.
ENGINEERING
Site Access and Driveways
15. A sealed access driveway must be provided from Plover Street to all parking and
manoeuvring areas of the development. These proposed works must be undertaken with
written approval in accordance with Noosa Council driveway crossover approval conditions
and adopted standard drawings for the crossover type as required by the planning scheme.
16. The driveway must be constructed to grades that ensure that vehicles will not bottom out or
scrap on the driveway or the road formation when entering and exiting the site.
17. The driveway must be constructed generally in accordance with drawing No. A6643/21/P01,
“Site Specific Stormwater Management Plan”, dated 24/08/2021 and prepared by Alta
Projects.
Stormwater Drainage
18. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property. The works must be undertaken
generally in accordance with drawing No. A6643/21/P01, “Site Specific Stormwater
Management Plan”, dated 24/08/2021 and prepared by Alta Projects.
19. The site specific SWMP must be approved as part of the subsequent Building Permit.
20. The site specific SWMP must be consistent with the site specific geotechnical report’s
recommendations.
21. The stormwater drainage discharge from the development must be carried out in accordance
with a professionally prepared engineering plan in compliance with the applicable standards
and best engineering practices.
22. The development works must not cause additional ponding of water on any adjoining
property (including the road reserve), or concentrate or direct overland flow to any adjoining
property.
23. Private drainage structures must be wholly contained within the subject site.
Easements
24. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
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25. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
26. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
27. Earthworks carried out on site must not affect the structural integrity of any of the adjoining
lands and/or buildings and/or structures and/or services.
28. All works must be carried out in accordance with the site specific report 21327-001-Rev0,
“Geotechnical Investigation”, dated 10 September 2021 and prepared by Tectonic.
29. The site specific geotechnical report must be consistent with the site specific SWMP’s
recommendations.
30. All earthworks and associated foundations/footings, retaining structures/batters, both above
and below ground level and 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
31. 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. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Concurrence SARA at DILGP SARA Schedule 10, Part 4, The agency provided its
at DILGP Via MyDAS2 Division 3, Table 1 response on 5
at https://prod2.dev- (Planning RegulationNovember 2021
assess.qld.gov.au/suite 2017): (Reference No.2110-
/ (for assistance, 25493 SRA). A copy of
contact DILGP at 5352 Premises contaminated the response is
9701 or because of unexploded attached
email:SEQNorthSARA ordnance.
@dilgp.qld.gov.au
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6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
1. 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 to discuss any obligations under the ACH Act.
Development Compliance Inspection
2. 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
3. The conditions of this Decision Notice require resubmission of plans to Council with
amendments. Please address the amended plan/s to Council’s Development Assessment
Branch with the Reference No. MCU21/0171.
Nature Conservation Act
4. It is the responsibility of the applicant to ensure compliance with the Nature Conservation
Wildlife Management Regulation 2006 which is regulated by the State Government.
There may be a requirement to undertake a Flora Survey pursuant to Flora Survey
Guidelines prior to any clearing activities pursuant to Chapter 4 of the Nature Conservation
Wildlife Management Regulation 2006. Exemptions are listed in Division 5 of the same Act.
Further information can be obtained at this website https://www.ehp.qld.gov.au/licences-
permits/plants-animals/protected-plants/ or by calling the Department of Environment and
Heritage Protection on 1300 130 372.
There may also be a requirement to obtain State Government Approval of a Species
Management Plan prior to any activities that tamper with any place that is being used by a
native animal for breeding activities. This is regulated by Section 332 of the Nature
Conservation Wildlife Management Regulation 2006. Further information regarding this
matter can be obtained at this website https://www.ehp.qld.gov.au/licences-permits/plants-
animals/species-management-program/ or by calling the relevant State Department.
Sustainability
5. In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building
design for residential and commercial development. Council encourages the use of
sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems
(including the use of inverter/charges), water saving devices and rainwater harvesting. For
further information go to http://www.noosa.qld.gov.au/sustainable-homes
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Property Driveway and Vehicle Crossover
6. The planning scheme declares the construction of a driveway and vehicle crossover to the
property to be accepted development against the Low Density Housing Code where
complying with the relevant Acceptable Outcomes. In addition to the benchmarks
for accepted development subject to requirements for driveway and crossovers, approval is
required from Council to construct or modify all crossovers (refer to Council’s website).
Where the proposed driveway and vehicle crossover does not comply with each Acceptable
Solution contained in the Code, a Development Permit for Operational Works is required to
be obtained from Council.
Infrastructure Charges
7. 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
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work.
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.
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.
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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,
Andrew Gaffney
Senior Development Planner
Enc: Referral Agency Response
Appeal Rights
Approved Plans/Documents
cc. SARA at DILGP
Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/
(for assistance, contact DILGP at 5352 9701 or email [email protected])
DECISION NOTICE HISTORY
• Original Decision Notice – 31 March 2022.
• Negotiated Decision Notice – 9 June 2022, with an amendment to
condition 2 and delete conditions 3 & 4.
• Decision Notice - Minor MCU21/0171.01 – 3 March 2025; amend
condition 2.
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Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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2110-25408 SRA Assessment Manager Noosa Shire Council ‘Sweet address: 34 Plover Street, Peregian Beach Real property description: Lot 10 P9313 Appicam name: NC Jorss & K Jorss c! Pivotal Perspective Pty Lid Applicant contact details: 4/59 Mary St Noosaville QLD 4566 COM. BU Representations ‘tO a concurrence agency, at any time before the application is come. Doel changing a mater Ine feral apereyTeeoree (630 Deveopers Assesment Pe) Copies of ine reser provione are in Aitacianont 4° A copy of this response has been sent to the applicant for thelr Information. For further Information please contact Paul Gleeson, Principal Ptanning OMicer, on $352 9717 or via email [email protected] who will be pleased to assist Garth Nofan Manager (Planning) c NC Jorss & K Jorss c/ Pivotal Perspective Pty Lid, jackgfpivotaipersapectve.com au enc Amachment | - Refers ‘condisons Slate Aesenarnert ard eferne Agercy Page 2efe Page 10 of 14 Document Set ID: 23616849 Version: 2, Version Date: 05/03/2025
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2710-25408 SRA Attachment 1—Referral agency conditions (Under section 56(1 "DN of the Planning Act 2076 the following conditions must be attached i any devetopment approve reisting to this application) No. | Conattions — Material change of use ‘Schedule 10, Part 4, Division 3, Table 1 (Planning Regulation 2017) —The chief executive admiristering Te Planning Act 2016 nominates the Director-General of the Department of State Development, Infrastructure, Local Govemment and Pianning to be the enforcement authority for the evelopment to which this development approval relates for the adminisraton and enforcement of any Matter retating to the following condition: 1. | Provide weitien confirmation to the Department of State Development, Prior to the Infrastructure, Local Government and Planning by an approved contractor on | commencement the Austraian Govemment, Department of Déetense, Unexpioded Ordnance | Of works (UXO) Pane! tat the subject site nas been remediated anc cleared of unexploded ordnances. The Unexpioded Ordnance (UXO) Pane! Is found ontine at: State Aesemarnert ard Aeterna Agercy Page sete Page 11 of 14 Document Set ID: 23616849 Version: 2, Version Date: 05/03/2025
Page 12
2110-25403 SRA Attachment 2—Advice to the applicant General advice Terns ard pleases used In ts document re detned in the Pranning Act 2076 its te State Development Assessment Provisions (SDAP) v2.6. If a word remains thse Its ordinary meaning. 2 Provide the owner, oocupler and any person employed to work on the subject site the folowing (3) estes XD nny ol exit terse 2 ck ced pred ls (>) The poet tbe lowed by any person thang an coe spect ct beng of component thereot: L Sdviec the police neneciaety i. donot distro the object lll, take action, where appropriate, to prevent It being disturbed. (c) Anomner person: | note its approximate dimensions and general appearance i. mote te route to Its location. Aopicarts wanting fp td out more detals of area manayement aoice (AMA), cunt UXO Sate Aawenarnert arc Refers Agency Page 4 of é Document Set ID: 23616849 Version: 2, Version Date: 05/03/2025 Page 12 of 14
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2710-25408 SRA Attachment 3—Reasons for referral agency response (Given uncer section 56&(7) of he Planning Act 2076) ‘The reasons for the Gepartment’s decision are: * The development application Is for 2 development pexmit for a material change of use for a dweiling house. © The subject ste Is located within an area with potential for unexploded ordinances, and therefore te @pplicaton required referral to SARA for assessment against Ne State Development Assessment Provisions (SOAP) v2.6, State code 13: Unexpioded ordnance (State code 13). * SARA determined Tiat he application can meet the performance ouficomes of State code 13, subject to 2 condition of approval to ensure the development is managed In 2 manner Tat protects numan Safety and the environment. Material used In the assessment of the application: ‘The development application matertal and subenitted plans Pranning Act 2016 Pranning Reguiation 2017 ‘The State Develonment Assessment Provisions (version 2.6), 3s publlsned by the department ‘The Development Assessment Rules SARA DA Mapping system State Aasenarnert ant Refer Agency Page Sof Page 13 of 14 Document Set ID: 23616849 Version: 2, Version Date: 05/03/2025
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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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