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Decision Notice - Minor Change - MCU19 0008 02 [As Published] · MCU19/0008.02
Officer: Georgina Schramm
Direct Telephone: 07 5329 6569
Our Reference: MCU19/0008.02
Your Reference: 0357
26 May 2023
KS Ince & JM Ince
C/- Pivotal Perspective Pty Ltd
4/59 Mary Street
NOOSAVILLE QLD 4566
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 3 January 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: MCU19/0008.02
Street address: 22 Arakoon Cres Sunshine Beach Qld 4567
Real property description: Lot 793 RP 48111
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 7 June 2019.
• Development Permit for Material Change of Use - Detached House
In relation to the request to make a minor change to the existing approval, Council on 24 May 2023,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend conditions 2, 3, 5, 6, 14, 17, 19, 25 and 26.
C. Delete condition 27.
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 table below.
Plan No. Rev. Plan/Document Name Date
100 DA-6 Site Plan prepared by Robinson Architects 06/04/2023
105 DA-6 Lower Ground Plan prepared by Robinson 06/04/2023
Architects
106 DA-6 Ground Floor Plan prepared by Robinson 06/04/2023
Architects
107 DA-6 First Floor Plan prepared by Robinson 06/04/2023
Architects
108 DA-6 Roof Plan prepared by Robinson Architects 06/04/2023
205 DA-6 North Elevation prepared by Robinson 06/04/2023
Architects
206 DA-6 East Elevation prepared by Robinson 06/04/2023
Architects
207 DA-6 South Elevation prepared by Robinson 06/04/2023
Architects
208 DA-6 West Elevation prepared by Robinson 06/04/2023
Architects
305 DA-6 Section SO1 prepared by Robinson 06/04/2023
Architects
306 DA-6 Section SO2 prepared by Robinson 06/04/2023
Architects
307 DA-6 Section SO3 prepared by Robinson 06/04/2023
Architects
Building Height and Storeys
3. The maximum height of the development must be in accordance with the approved plans
and not exceed 8 metres above the natural ground level.
4. 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.
5. The dwelling must be backfilled in accordance with the approved plans.
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Built form
6. No structures or buildings are to be located within the 15-metre setback to the eastern
boundary, except where uncovered, unenclosed cantilevered balconies that do not extend
greater than 3 metres seaward of the coastal building line, or as otherwise detailed on
Approved Plan 108-DA6.
Performance Bond
7. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 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
8. A minimum of 20% of the site must be retained as soft landscaping.
9. A mix of native landscaping, such as ground covers, shrubs and trees, is retained/provided
for a width of 5m along the seaward/eastern boundary of the site to provide adequate
landscape buffering to protect the character of the beachfront.
10. Existing native vegetation on the site must be retained, except where required to be removed
to accommodate the approved dwelling.
11. 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.
Coastal Protection
12. Gates must not be installed along the eastern property boundary to gain direct access to the
beachfront.
13. External colours and finishes of the building must comprise of muted/environmental tones
that blend with the natural environment.
Site Access and Driveways
14. A sealed access driveway must be provided from Arakoon Crescent to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval and must be generally in accordance with SCG Consulting’s
Driveway & Access Plan (32288-OW2.1) dated December 2022.
Construction Management Plan
15. A Construction Management Plan must be submitted to Council prior to any demolition works
and must specifically address the following:
a. Traffic Management during all aspects of the demolition/construct phase including:
i. A Traffic Management Control Plan in accordance with Manual of Uniform Traffic
Control Devices (MUTCD) detailing all temporary signage and traffic control
measures prior to construction
ii. Maintenance of safe pedestrian access across the frontage of the site both during
daily construction and after daily construction has ceased
iii. Proposed fencing to the site during the construction phase of the development
iv. Adequate parking arrangements for construction workers
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v. No queuing of trucks is permitted on residential streets, especially prior to
7.00am. Further parked trucks must have engines turned off
b. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures
c. Works programme identifying key components of the works and their respective
durations
d. Establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic and services and other relevant issues
e. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
For haulage operations involving significant volumes of fill material or excavated material
being transported onto or off the site: details on the location of external fill sites/sources, the
haulage route, type of vehicle to be utilised during filling operations and frequency of usage.
NB any damage to the existing road system as a result of haulage operations shall be fully
repaired at the applicant’s expense.
Stormwater Drainage
16. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.
17. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken generally in accordance with SCG Consulting’s
Stormwater Management Plan (32288-SW1.1) dated December 2022.
Damage to Services and Assets
18. 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.
Earthworks
19. All earthworks must be undertaken generally in accordance with SCG Consulting’s
Earthworks Plan (32288-OW3.1) dated February 2023. 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.
20. Fill material placed over services must not impose any additional surcharge loading on the
service.
21. Excavation must not be carried out within 600mm of any utility infrastructure (to top, sides
and base of services). A retaining wall must be provided to support the soil surrounding utility
infrastructure where proximate to excavation activities.
22. Compaction with a vibrating roller must not be carried out within 600mm of any utility
infrastructure.
23. Other than for accessways, filling must not extend more than 1 metre beyond the footprint of
the approved dwelling when measured from its outer walls.
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24. 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
25. All works must be carried out in accordance with the recommendations contained in Pacific
Geotech’s Geotechnical Stability Assessment: Version 3 (PG-2096) dated March 2023.
26. Certification must be submitted to Council from a suitably qualified person* which certifies
that the development has been constructed in accordance with the recommendations
contained in Pacific Geotech’s Geotechnical Stability Assessment: Version 3 (PG-2096)
dated March 2023. *(Refer to advisory note)
27. Deleted.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
32288-OW2.1 - Driveway & Access Plan, prepared by SCG December
Consulting 2022
32288-SW1.1 - Stormwater Management Plan, prepared by SCG December
Consulting 2022
32288-OW3.1 - Earthworks Plan, prepared by SCG Consulting February 2023
PG-2096 V3 Geotechnical Stability Assessment, prepared by March 2023
Pacific Geotech Consulting Geotechnical
Engineers
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:
Building and Construction Industry (Portable Long Service Leave) Levy
1. 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. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Infrastructure Charges
2. This Development Permit will not trigger an “Infrastructure Charge Notice” to be issued in
accordance with Council’s “Charges Resolution” made pursuant to the planning legislation
and regulations current at the time of issue.
Geotechnical
3. For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability
for the development, a qualified person is considered to be a person who:
f. is a Registered Professional Engineer of Queensland (RPEQ); and
g. has a degree in civil engineering or engineering geology; and
h. has a minimum of 5 years experience in the field of geotechnical engineering or
engineering geology.
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Property Driveway and Vehicle Crossover
4. The planning scheme declares Operational Work for the construction of a driveway and
vehicle crossover to the property to be self-assessable against the Detached House
Driveways Code. A self-assessable application is required to be submitted to Council for the
vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not
comply with each Acceptable Solution contained in the Code, a Development Permit for
Operational Works the work is required to be obtained from Council.
*http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
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
Infrastructure Charges
6. 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
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.
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,
Georgina Schramm
Development Planner
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Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 7 June 2019.
• Decision Notice – Minor – MCU19/0008.01 – 9 August 2022, with an amendment to conditions 2, 3, 5, 6, 7, 14, 25 & 26 and additional
condition 27.
• Decision Notice – Minor – MCU19/0008.02 – 24 May 2023, with an amendment to conditions 2, 3, 5, 6, 14, 17, 19, 25 & 26 and
delete condition 27.
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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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