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Approved Decision Notice - DBW24 0117 [As Published]

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                                                             Officer:            Cameron Smith
                                                             Direct Telephone:   07 53296178
                                                             Our Reference:      DBW24/0117:
                                                             Your Reference:     .

               24 October 2024


               Titan Enterprises Pty Ltd
               C/- O'Brien Building Consultants Pty Ltd
               PO Box 30
               ALDERLEY QLD 4051

               [email protected]



               Dear Sir/Madam,
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 23 October 2024, Council decided to approve the
               application, subject to conditions.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              DBW24/0117

                   Street address:              442 Lake Cooroibah Rd Cooroibah

                   Real property description:   Lot 8 RP 805770

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for Building Work Assessable Against the Planning Scheme –
                       Dwelling House (Shed in Biodiversity Overlay)
               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 of the building commencing, and then compliance maintained at all times while the
                       use continues.



               ABN 97.969.214.121                                                                       PO Box 141
               noosa.qld.gov.au                                                                  Tewantin QLD 4565
               [email protected]                                                                  07 5329 6500
                                                                                                            Page 1 of 5
Document Set ID: 23319034
Version: 4, Version Date: 24/10/2024
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                      Currency Period
               2.     This development approval lapses if the works have not substantially started by 23 October
                      2026, unless an application to extend the currency period is approved by Council.
                      Approved Plans
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below.

                           Plan No.    Rev. Plan Name                                                 Date

                           -           -      Site Plan 1 of 2, prepared by Titan Enterprises Pty Ltd 12 August 2024

                           -           -      Site Plan 2 of 2, prepared by Titan Enterprises Pty Ltd 12 August 2024

                      Building Height
               4.     The maximum height of the development must not exceed 8.0 metres above the ground level
                      including where excavation is undertaken the exposed portion of the external façade of the
                      building.
                      Lighting Amenity
               5.     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
               6.     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
               7.     A minimum of 20% of the site must be retained as soft landscaping.
               8.     Existing trees on the site must be retained, except where required to be removed to
                      accommodate the approved dwelling. In this regard, the removal of vegetation must not
                      extend beyond 5.0 metres of the building footprint.
               9.     Existing vegetation in the road reserve must be retained, unless written authorisation from
                      Council is granted for the clearing.
               10.    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.
               11.    All landscape works must be established and maintained 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.
                      Earthworks
               12.    Any earthworks required on site must be carried out in accordance with Council’s Planning
                      Scheme Policy PSP6 - Engineering Design Standards, so as not to cause the additional
                      ponding of water on any adjoining lands or concentrate or direct overland flow on to an
                      adjoining property.




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Document Set ID: 23319034
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                      Stormwater Drainage
               13.    Stormwater runoff from the development must be disposed of on-site without causing scour
                      or damage to the subject site or any adjoining property.
                      Damage to Services and Assets
               14.    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.
                      Bushfire Management
               15.    An accessible dam, swimming pool or water tank (in addition to day to day water supply) with
                      an onsite water volume of not less than 5,000 litres must be available for firefighting
                      purposes, located within reasonable proximity to building.
               16.    A water supply outlet pipe 50 millimetres in diameter and fitted with a standard fire brigade
                      fitting must be connected to the water supply (other than where the water supply is in a
                      swimming pool or dam).
               5.     REFERENCE DOCUMENTS

               Nil.
               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:
               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.
                      Equitable Access and Facilities
               2.     The plans for the proposed building work have NOT been assessed for compliance with the
                      requirements of the National Construction Code - Building Code of Australia (Volume 1) as
                      they relate to people with disabilities. Your attention is also directed to the fact that in addition
                      to the requirements of the National Construction Code as they relate to people with
                      disabilities, one or more of the following may impact on the proposed building work:
                      a.      the Disability Discrimination Act 1992 (Commonwealth);



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                      b.      the Anti-Discrimination Act 1991 (Queensland); and
                      c.      the Disability (Access to Premises – Buildings) Standards.
                      Infrastructure Charges
               3.     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.
                      Sustainability
               4.     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.
               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 work.

               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.
               Yours faithfully,




               Cameron Smith
               Development Planner

               Enc:   Appeal Rights
                      Approved Plans/Documents




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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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Document Set ID: 23319034
Version: 4, Version Date: 24/10/2024

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