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Decision Notice - Minor Change - OPW23 0023 01 [As Published] · OPW23/0023.01

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                                                                                  Officer:            Mark Lewis
                                                                                  Direct Telephone:   07 5329 6290
                                                                                  Our Reference:      OPW23/0023.01
                                                                                  Your Reference:     n/a

               5 June 2023


               Chris Smith Constructions Pty Ltd
               C/- Chris Smith Constructions Pty Ltd
               PO Box 2258
               NOOSA HEADS QLD 4567
               [email protected]



               Dear Sir/Madam,
                                            Decision Notice – Minor Change
                                                         Planning Act 2016

               I refer to your application received on 22 May 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:              OPW23/0023.01

                   Street address:              13 Saltwater Ave Noosaville Qld 4566

                   Real property description:   Lot 878 SP 102594

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               The following type of approval was issued on 2 March 2023
               •       Development Permit for Operational Works - Vehicle Crossover and Fencing on Canal
                       Frontage.
               In relation to the request to make a minor change to the existing approval, Council on 5 June 2023,
               decided to approve the requested changes. The changes are detailed below.
               A.      Approve the change.
               B.      Amend the Decision Details to include fencing on the canal frontage.
               C.      Include an additional condition.
               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
                                                                                                         Page 1 of 6
Document Set ID: 22452631
Version: 4, Version Date: 07/06/2023
Full text of the other 5 pages

Page 2

               4.     ASSESSMENT MANAGER CONDITIONS

               APPROVED PLANS
               1.     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

                        C3.0                        Ground Floor Plan prepared by Chris 11 November 2020
                                                    Clout Design
                                                    As annotated by Council

               CURRENCY PERIOD
               2.     The Currency Period for this development approval lapses if the development has not
                      substantially started by 2 March 2025, unless an application to extend the currency period
                      is approved by Council.
               GENERAL CONDITIONS
                      Engineering
               3.     The principal contractor must have all the appropriate insurance and public liability
                      documentation to carry out the works. The principal contractor is also responsible to ensure
                      that any subcontractors also have the appropriate insurance and public liability
                      documentation. Certificates demonstrating currency of public liability insurance and works
                      insurance covering the works must be made available to Council if requested.
               4.     Any conflict between the development and an existing or proposed service must be referred
                      to the relevant service authority for determination prior to commencement of works.
               5.     The integrity and condition of any existing public or Council infrastructure and services
                      (above ground and/or underground) must not be adversely affected by the proposed works.
               6.     The developer must meet any costs to repair damage to any Council asset caused during
                      construction, where damage is a result of the development works. Damage to assets must
                      be repaired immediately where it creates a hazard to the community. In circumstances where
                      the damage does not create a hazard to the community, it must be repaired immediately on
                      completion of the works associated with the development.
               7.     All works must be constructed and work procedure undertaken in accordance with:
                      a.      the approved plans/documents and conditions detailed in this Decision Notice
                      b.      all relevant Noosa Council Planning Scheme Policies, standard drawings, standard
                              specifications and guidelines
                      c.      the latest version of the Healthy Waterways document “Water Sensitive Urban Design
                              Technical Design Guidelines for South East Queensland” for all water quality devices
                              to be constructed on site.
                     Works within Road Reserves
               8.     No removal of street trees is permitted without Council’s prior written approval.
               9.     Safe pedestrian access on all streets in the vicinity of the development must be maintained
                      at all times. Should footpath/road closures be necessary to carry out construction works,
                      Council’s Engineering Officer must be notified prior to the proposed closure and all
                      requirements complied with.
               10.    All works must match neatly with existing road and verge/footpath features. Additional works
                      beyond the frontage may be required to provide an acceptable transition to existing road and
                      verge/footpath profiles.



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Document Set ID: 22452631
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Page 3

                     Driveways
               11.    Driveway crossovers must be constructed generally in accordance Council’s Standard
                      Drawing RS-050 and any associated addendum.
               12.    Any existing unnecessary or redundant property accesses must be removed, and the kerb,
                      footpath and verge area reinstated to match the existing footpath and/or verge treatments.
                      Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed
                      or turf, and must be maintained by the developer until established.
               13.    Pavement design for privately owned works must be undertaken in accordance with the
                      relevant standards. Structural integrity of the driveway and car park areas will remain the
                      responsibility of the property owner/developer.
                      Stormwater Drainage
               14.    The constructed driveway must not cause additional ponding on the road formation or the
                      road reserve.
                      Environment (Erosion and Sediment Control)
               15.    Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must
                      not be released from the site or to waters within the site, or be likely to be released should
                      rainfall occur, unless all reasonable and practicable measures are taken to prevent or
                      minimise the release and concentration of contamination.
               FOLLOWING CONSTRUCTION
               16.    A final inspection and approval of the new driveway and completed reinstatement works by
                      Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the
                      inspection.
                      Additional Condition 5/6/2023
               17.    Any fencing installed adjacent to the revetment wall:
                              i.       must be of an open design,
                              ii.      must not reduce the flood storage within the site or the movement of flood waters
                                       within the canal, and
                              iii.     must not impact on the structural integrity of the revetment wall
               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:
                      General Advisory Notes
               1.     As this driveway is a private structure, the owner bears full responsibly for the standard of its
                      construction, maintenance and any liabilities associated with its construction.
               2.     Council reserves the right to call up any performance bond held or levy charges against the
                      property, should emergency works be required to be undertaken by Council to make the site
                      safe due to inactivity on the development site for extended periods of time.
               3.     Should any changes or modifications to the approved plans be required as a result of
                      construction constraints, a “Request to change an existing approval” under the Planning Act
                      2016 must be made. Amended plans clearly indicating the changes must be lodged with this
                      application along with the appropriate fees.




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Page 4

                      Environmental Advisory Notes
               4.     The Environmental Protection Act 1994 states that a person must not carry out any activity
                      that causes, or is likely to cause, environmental harm unless the person takes all reasonable
                      and practicable measures to prevent or minimise the harm. Environmental harm includes
                      environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
                      construction and landscaping phases of this development are to adhere to their ‘general
                      environmental duty’ to minimise the risk of causing environmental harm.
                      Erosion and Sediment Control
               5.     Accepted best practice standards include International Erosion Control Association
                      Australasia Best Practice Erosion and Sediment Control
               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
               7.     PROPERTY NOTES

               Not applicable.
               8.     VARIATION APPROVAL DETAILS

               Not applicable.
               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

               Not applicable.
               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.
               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,




               Mark Lewis
               Coordinator-Engineering



               Enc:   Appeal Rights
                      Approved Plans/Documents
               cc.    Untywater




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Document Set ID: 22452631
Version: 4, Version Date: 07/06/2023

Page 5

               DECISION NOTICE HISTORY
               •   Original Decision Notice – 2 March 2023

               •   Decision Notice – Minor – OPW23/0023.01 – 5 June 2023, with an amendment to Decision Detail and additional condition 17.




                                                                                                                              Page 5 of 6
Document Set ID: 22452631
Version: 4, Version Date: 07/06/2023

Page 6

                                                                              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: 22452631
Version: 4, Version Date: 07/06/2023

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