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Minor Change Existing Approval 132008 413 01 - (AS PUBLISHED) · 132008.413.01
Officer: Andrew Gaffney
Direct Telephone: 07 53296316
Our Reference: 132008.413.01
Your Reference: n/a
27 August 2024
Ms MA Perry, M Perry
PO Box 3200
NEWSTEAD QLD 4006
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 7 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: 132008.413.01
Street address: 42 Lorikeet Dr Peregian Beach Qld 4573
Real property description: Lot 636 P 93128
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 7 April 2008
• Development Permit for Material Change of Use of Premises - Detached House
In relation to the request to make a minor change to the existing approval, Council on 21 August
2024, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend condition 1.
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
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered, titled and dated:
Plan/Document Rev. Plan/Document Name Date
No.
0801- SK 01 Ground Floor Plan - Design 42 Pty Jan 2008
Ltd
0801- SK 02 First Floor Plan - Design 42 Pty Ltd Jan 2008
0801- SK 03 Elevations - Design 42 Pty Ltd Jan 2008
0801- SK 04 Sections & Perspectives - Design 42 Jan 2008
Pty Ltd
Approved Plans 21 August 2024
314 (DD) 100 Demolition + Proposed Floor Plans – 22.04.2024
(A) Robert Takken Architect
314 (DD) 200 Elevations + Section – Robert 22.04.2024
(A) Takken Architect
and as may be amended by these conditions and annotations on the plans.
2. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.
3. A rainwater storage tank with a minimum capacity of 5000 litres shall be provided on site to
service the detached house. The tank is to be installed to ensure water from the tank can
be used both:
3.1. For external use such as watering gardens, irrigation, ornamental ponds or water
features, topping up swimming pools, outdoor cleaning; and
3.2. For use in flushing of toilets internal to the building.
4. All hot water systems installed shall be either solar systems; electric heat pump systems; or
gas systems (LPG or natural).
5. The building height shall not exceed 8.0 metres above natural ground level.
6. A verification survey of the building is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of work confirming compliance with the
maximum allowable building height as required by either the conditions of approval or the
Planning Scheme.
7. Landscaping, comprising a mix of native coastal species shall be provided for a width of 5m
from the rear boundary of the site to provide adequate landscape buffering to protect the
coastal dunal system.
8. Existing trees on the site and within road reserves are to be retained, except where required
to be removed due to building operations or the conduct of the approved use. In this regard,
the removal of vegetation shall not extend beyond 3 metres of the building footprint of the
Detached House.
9. All other vegetation shall be protected from interference resulting from clearing or
construction activities by:
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9.1. Clearly marking vegetation to be retained with flagging tape;
9.2. Installing protective fencing around the drip line of the vegetation;
9.3. Stockpiling, storage and vehicle parking occurs in already cleared areas and does not
cause interference with vegetation; and
9.4. Low impact construction techniques are used around vegetation to minimise
interference with the vegetation.
10. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:-
10.1. Processing through a woodchipper or shredder. The resulting mulch is to be
stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres high
with a minimum of 10 metres between edges of heaps.
10.2. Disposal for firewood.
10.3. Disposal for landscaping purposes.
10.4. Transport to alternative site for breaking down materials provided that all necessary
permits have been obtained to allow the alternate site to be used for this purpose.
10.5. The Applicant is advised that other methods may be considered provided full details
of the method are submitted.
10.6. The applicant is advised that burning off is an unacceptable method of disposal.
11. Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) are
not constructed under overhead electricity transmission lines, or within any easements.
12. Gates must not be installed along the rear property boundary.
Demolition or Relocation of Existing Dwelling
13. Infrastructure including reticulated water, sewerage, stormwater, and electricity are to be
protected from damage and made safe to the standard required by the regulatory authority;
14. All infrastructure must be disconnected, capped or sealed including:-
electricity meters removed and electrical wires disconnected; and
telephone lines are disconnected; and
high speed data cables and television provider boxes are disconnected and removed
to the standard required by the regulatory authority;
15. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging, must be removed from the building and disposed of in accordance with industry best
practice.
16. Waste generated during construction must be stockpiled in a centralised location and
covered as required to prevent material being blown onto adjoining properties including the
road reserve or food waste from generating vermin. All site waste must be disposed of to an
approved waste disposal facility either directly or via an approved waste receptacle and
collection service. Storage areas are to be located near the temporary access to the site so
that access can be gained with out damage to infrastructure.
17. All building materials containing asbestos products must be disposed on in accordance with
industry best practice.
18. A temporary crossing must be provided to protect road reserve infrastructure including kerb
and channel;
19. Any damage to footpaths, street plantings, kerb and channel or roadways at the removal site,
the relocation site or between the sites must be repaired or reinstated to at least pre-existing
conditions.
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20. Sediment and erosion control measures must be placed on site prior to the works
commencing and shall be maintained until all works are complete. The erosion and sediment
control measures shall be in accordance with the “Best practice guidelines for control of
stormwater on building sites” prepared by Healthy Waterways (copy attached or available at
www.healthywaterways.org).
21. All disturbed areas must be revegetated or otherwise stabilised at the completion of the
works. Disturbed areas are revegetated using species identified in PSP3 – Landscaping
Plants and Guidelines.
22. The transportation of all materials to and from the site must be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying out materials either
to or from the site shall be covered to prevent materials including dust being windblown from
the vehicle.
23. A Waste Management Plan shall be submitted for the demolition to the Land Use Section of
Noosa Council, prior to the development permit for building works being issued. The Plan
shall contain the following information:-
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected Estimated volume On-site *specify Off-site *Specify
waste (m³) proposed reuse *specify contractor &
materials or onsite contractor & landfill site
recycling recycling
methods outlet
Excavation
material
Green waste
Bricks
Concrete
Timber –
please specify
Plasterboard
Metals –
please specify
Asbestos
Other – please
specify
NOTE: Details of site area to be used for onsite separation, treatment and storage (including
weather protection) shall be provided on the plan drawings accompanying your application
5. REFERRAL AGENCIES
Not applicable
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6. ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
Local Law No. 12, prevents a builder or building contractor carrying out building work on a
building site in a way that makes or causes audible noise to be made from the building work:-
1.1. On a Sunday or public holiday, at any time; or
1.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
2. Prior to the commencement of the development, a plumbing assessment must be obtained
from Noosa Council’s Plumbing Services Section in accordance with the Plumbing &
Drainage Act 2002 (as applicable).
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
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 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 Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
7. PROPERTY NOTES
Not applicable
8. VARIATION APPROVAL DETAILS
Not applicable
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Subject of the required Development Permit
required
Development Permit for Building All Building Works
Works
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,
Andrew Gaffney
Senior Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 7 April 2008.
• Decision Notice - Minor 132008.413.01; 21 August 2024; with an
amendment to condition 1
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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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