Council archive · source document
Minor Change Existing Approval DBW18/0004.05 (As Published)
Officer: Tara Norley
Direct Telephone: 07 5329 6486
Our Reference: DBW18/0004.05
Your Reference: DBW18/0004.04
15 May 2023
Hampton Homes
PO Box 146
CURRUMBIN QLD 4223
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 12 April 2023, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: DBW18/0004.05
Street address: 11 Webb Rd, Sunshine Beach
Real property description: Lot 2 RP 175654
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on: 27 April 2018
• Development Permit for Building Work – Extension and Alterations to Detached House.
In relation to the request to make a minor change to the existing approval, Council on 10 May 2023,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend Condition 2
C. Add Advisory Note 3 and 4
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is 2 years starting the day that the original
development approval DBW18/0004 took effect.
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 undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
A100 C Site Plan, drawn by Tk 02/12/2020
A201 AA Ground Floor Plan, drawn by Tk 02/12/2020
A202 T 1st Floor Plan, drawn by Tk 02/12/2020
A203 P 2nd Floor Plan, drawn by Tk 02/12/2020
A204 I Roof Plan, drawn by Tk 02/12/2020
207 M Pool Plan(m), drawn by Tk 28/06/2019
208 M Pool Elevations(m), drawn by Tk 28/06/2019
A301 Q Elevations Sheet 1(n), drawn by Tk 02/12/2020
A302 T Elevations Sheet 2(q), drawn by Tk 02/12/2020
A401 P Sections Sheet 1 of 3 (n), drawn by Tk 02/12/2020
A402 Q Sections Sheet 2 of 3 (o), drawn by Tk 02/12/2020
A403 O Sections Sheet 3 of 3(n), drawn by Tk 02/12/2020
A222 A North & South Elevations, drawn by Tk 16/11/2020
A223 A Sections & 3D, drawn by Tk 16/11/2020
AP.03 C Site Plan / Sections (Approved Height), drawn by Tk 30/07/2020
AP.04 B Original Contour Overlay (Approved Height), drawn by 30/07/2020
Tk
LP001 B Cover Page, prepared by Conlon Group 06/03/2023
LP002 B Schedule Of Finishes, prepared by Conlon Group 06/03/2023
LP003 B Schedule Of Finishes, prepared by Conlon Group 06/03/2023
LP004 B Plant Schedule & General Notes, prepared by Conlon 06/03/2023
Group
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LP201 B Surfaces Plan - Driveway Plan, prepared by Conlon 06/03/2023
Group
LP202 B Surfaces Plan - Upper Level North, prepared by Conlon 06/03/2023
Group
LP203 B Surfaces Plan - Upper Level South, prepared by Conlon 06/03/2023
Group
LP204 B Surfaces Plan - Ground Level North, prepared by 06/03/2023
Conlon Group
LP205 B Surfaces Plan - Ground Level South, prepared by 06/03/2023
Conlon Group
LP301 B Planting Plans - Trees, Palms & Large Shrubs - 06/03/2023
Driveway Plan, prepared by Conlon Group
LP302 B Planting Plans - Trees, Palms & Large Shrubs - Upper 06/03/2023
Level North, prepared by Conlon Group
LP303 B Planting Plans - Trees, Palms & Large Shrubs - Upper 06/03/2023
Level South, prepared by Conlon Group
LP304 B Planting Plans - Trees, Palms & Large Shrubs - Ground 06/03/2023
Level North, prepared by Conlon Group
LP305 B Planting Plans - Trees, Palms & Large Shrubs - Ground 06/03/2023
Level South, prepared by Conlon Group
LP306 B Planting Plans - Climbers & Orchids - Driveway Plan, 06/03/2023
prepared by Conlon Group
LP307 B Planting Plans - Climbers & Orchids - Upper Level 06/03/2023
North,, prepared by Conlon Group
LP308 B Planting Plans - Climbers & Orchids - Upper Level 06/03/2023
South, prepared by Conlon Group
LP309 B Planting Plans - Climbers & Orchids - Ground Level 06/03/2023
North, prepared by Conlon Group
LP310 B Planting Plans - Climbers & Orchids - Ground Level 06/03/2023
South, prepared by Conlon Group
LP311 B Planting Plans – Shrubs - Driveway Plan, prepared by 06/03/2023
Conlon Group
LP312 B Planting Plans – Shrubs - Upper Level North, prepared 06/03/2023
by Conlon Group
LP313 B Planting Plans – Shrubs - Upper Level South, prepared 06/03/2023
by Conlon Group
LP314 B Planting Plans – Shrubs - Ground Level North, prepared 06/03/2023
by Conlon Group
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LP315 B Planting Plans – Shrubs - Ground Level South, prepared 06/03/2023
by Conlon Group
LP316 B Planting Plans - Driveway Plan - Groundcovers, 06/03/2023
prepared by Conlon Group
LP317 B Planting Plans – Groundcovers - Upper Level North, 06/03/2023
prepared by Conlon Group
LP318 B Planting Plans – Groundcovers - Upper Level South, 06/03/2023
prepared by Conlon Group
LP319 B Planting Plans – Groundcovers - Ground Level North, 06/03/2023
prepared by Conlon Group
LP320 B Planting Plans – Groundcovers - Ground Level South, 06/03/2023
prepared by Conlon Group
LP401 B Landscape Details, prepared by Conlon Group 06/03/2023
LP402 B Landscape Details, prepared by Conlon Group 06/03/2023
Building Height
3. The maximum height of the development must not exceed 8 metres above the finished
ground level and the natural ground surface and not exceed 2 storeys. Except for:
a. The northern chimney column which must not exceed 9.018 metres above the natural
ground surface.
b. The upper roof peaks above the lounge and the verandah, which must not exceed
8.108 and 8.409 metres above the natural ground surface, as detailed in approved
plans AP.03 and AP.04 and dated 30/07/20.
In this regard, the additional hip roof above the pantry, ensuite and master bedroom
stairs must not exceed 8 metres above the natural ground level.
c. A third storey is only permitted to the floor area containing the walk in robe as identified
on the approved 2nd floor plan A203 Rev P and dated 2/12/20.
4. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
buildings does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
5. Security in the form of a cash bond or trading bank guarantee to the sum of $2,000 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.
Landscaping
6. A minimum of 20% of the site must be retained as soft landscaping.
7. Existing trees on the site and within road reserves 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 3 metres of the building footprint.
8. Deleted.
9. Trees to be retained must be protected from clearing or construction activities by:
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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.
Earthworks
10. Other than for accessways, filling must not extend more than 1 metre beyond the footprint of
the approved dwelling/structure when measured from its outer walls.
11. Earthworks required on site must be carried out in accordance with Council’s Planning
Scheme Policy PSP5 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.
Geotechnical Stability
12. All works must be carried out in accordance with a Geotechnical Report for the site prepared
by a qualified person*. Certification must be submitted to Council from a qualified person*
which certifies that the site is not at risk from landslide emanating from the site or from other
land.
*(Refer to Advisory Note)
Coastal Protection
13. Gates must not be installed along the rear property boundary to gain direct access to the
beachfront.
14. External colours and finishes of the buildings and structures must comprise of
muted/environmental tones that blend with the natural environment.
Additional Conditions - 15 January 2019
Coastal Protection
15. Structures or retaining walls must not encroach the 6 metre setback from the
seaward/eastern rear boundary.
16. A mix of native landscaping, such as ground covers, shrubs and trees, must be provided for
a width of 5m from the rear boundary of the site. Plantings must be in accordance with
Councils Planning Scheme Policy PSP03 Landscaping plants and guidelines.
Fencing
17. Any fencing on the rear boundary adjacent to the beachfront must be:
a) no more than 1.2m in height;
b) open construction (ie at least 50% transparent);
c) lightweight materials (ie timber); and
d) dark colours to blend with the natural landscape.
Gazebo, Pool & Hardstand Area
18. Any hardstand area, raised garden/s or any structure and the like over 1 metre in height from
natural ground must be setback a minimum of 1.5 metres to the southern side boundary.
19. Any hardstand area, raised garden/s or any structure and the like over 1 metre in height from
natural ground must be setback a minimum of 1.5 metres to the northern side boundary.
20. The gazebo, pool, hardstand area or any structure or any part of any structure must be
setback a minimum of 6 metres to the eastern rear boundary.
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21. Dense landscaping must be established within the northern and southern setback areas to
the east of the main building line in accordance with Councils Planning Scheme Policy
PSP03 Landscaping plants and guidelines.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
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 on 07 3247 6212 to discuss any obligations
under the ACH Act.
Infrastructure Charges
2. 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
Turtle Habitat Protection
3. To minimise the impact of development on turtle nesting sites and the sea-finding behaviour
of hatchlings, the following actions are recommended to be undertaken during construction of
the development:
a. Construction works are to be restricted to daylight hours during the turtle nesting and
hatching season (October – May).
b. Flood lighting must not be used from October – May (turtle nesting and hatching
season).
4. All lighting should be positioned and managed to reduce sky glow and light spill onto the
beach to minimise disruption to turtle nesting and sea-finding behaviour of hatchlings.
Management measures include reduced intensity, long wavelength lights; shielded, low to
the ground, and directed onto areas of interest; low reflectance building surfaces and paint;
and tinted external glass. The following should be incorporated into the development:
a. All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE) to
have 15% visible light transmittance tinting.
b. All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE) to be
fitted with opaque blinds, to be drawn from 8:00 pm during turtle nesting and hatching
season (October – May).
c. Indoor and outdoor paint/surfaces/fixtures to be matte and dark in colour and have a
maximum reflectance value of 30%.
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d. All outdoor lights to have a maximum of 2700 K correlated colour temperature (CCT). All
indoor lights to have a maximum of 3000 K CCT. All lighting (interior and exterior) to
avoid the use of halogen, metal halide, or fluorescent lights.
e. Amber LED (590-610 nm) or low pressure sodium lighting to be used as a standard.
Warm white is to be used only where colour rendition is required. LED lights should not
contain short wavelength blue light and supplier should be asked to provide spectral
power curve of requested LEDs to prove the absence of short wavelengths.
f. The number and wattage of lights to be minimised.
g. All lights to be recessed into structures and roof, and directed away from the turtle nesting
habitat.
h. No lighting should be located on the roof of the building.
i. All outdoor lights, including balcony lights, to be turned off between 8:00 pm and sunrise
during turtle nesting and hatching season (October – May).
j. External feature lighting to the building to be positioned below 10 metres in height and
turned off between 8.00 pm and sunrise during turtle nesting and hatching season
(October – May).
k. Upward lights or vertical illumination of the building, vegetation or other structures using
lighting that shines into the sky should not be used.
l. Where lighting is required for safety purposes (including all corridors above ground level,
stairwells, entry points etc.), the lighting of these areas should be activated by proximity
sensors or motion detectors with an associated deactivation of the lighting after no more
than 10 minutes during turtle nesting and hatching season (October – May). For lighting
in other areas, timers, proximity or motion activated light sensors should be used
wherever possible.
m. Decorative outdoor lighting should not be fitted to the buildings, open space or recreation
areas (e.g. Fairy/Christmas lights) during nesting and hatching season (October – May).
n. Pool lighting to be switched off after 8:00 pm during nesting and hatching season
(October – May).
o. All exterior lighting to be shielded by a minimum of 30 cm vertical shielding.
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 Private Building Certification
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.
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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
Tara Norley
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 27 April 2018.
• Decision Notice - Minor DBW18/0004.01 – 15 January 2018 - with
an amendment to conditions 2, 3 & 14 and additional conditions
15-21.
• Decision Notice – Minor - DBW18/0004.02 – 18 December 2019 -
with an amendment to conditions 2 & 18.
• Decision Notice – Minor - DBW18/0004.03 – 24 September 2020
- with an amendment to conditions 2 & 3.
• Decision Notice – Minor - DBW18/0004.04 – 2 February 2021 -
with an amendment to conditions 2 & 3.
• Decision Notice – Minor - DBW18/0004.05 – 10 May 2023 - with
an amendment to condition 2.
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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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