Council archive · source document
Decision Notice - Minor Change - 51994 1165 01 [As Published] · 51994.1165.01
Officer: Georgina Schramm
Direct Telephone: 07 5329 6569
Our Reference: 51994.1165.01
Your Reference: 2023-1638
29 June 2023
Project BA
C/- Project BA
PO Box 45
NOOSAVILLE QLD 4567
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 23 March 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: 51994.1165.01
Street address: Lynbrydon 2 2/1 Sunseeker Cl Noosaville Qld 4566
Real property description: GTP 102778, Lot 2 GTP 102778 GTP 102778
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 9 May 1994
• Town Planning Consent Permit – TPC 2660 – Duplex dwelling
In relation to the request to make a minor change to the existing approval, Council on 26 June
2023, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Include additional condition 20.
3. CURRENCY PERIOD OF APPROVAL
Not applicable.
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. Submission to and approval by Council of building plans in accordance with the Building Act,
Council’s By-Laws and Policies, the conditions of this approval and substantially in
accordance with plans 9331.01 and 9331.02 drawn January 1994 and the Shire of Noosa
Planning Scheme apart from where amendment are required or dispensations have been
granted in conjunction with this approval.
2. Provisions of at least 3 off-street car parking spaces, comprising 2 cover spaces and 1
uncovered space, and access thereto which are to be provided with a sealed pavement and
designed, drained, constructed and maintained in accordance with the Planning Scheme,
Council’s Policies and to the reasonable satisfaction of the Shire Engineer for approval in
conjunction with the Building Application. A Building Approval shall not be grated until the
Shire Engineer has approved of the carparking and access scheme.
3. There is to be no detrimental effect upon the amenity of the neighbourhood by reason of the
creation of excessive, lighting nuisance or other emissions.
4. The open space and setback areas are to be landscaped in accordance with Council’s Policy
on Landscaping Guidelines and a properly prepared landscape plan to be submitted to and
approved by the Shire Planner, prior to the issue of a Building Approval. Such landscaping
is to be completed in accordance with the approved landscape plan, prior to the premises
being occupied and maintained at all times thereafter to the reasonable satisfaction of the
Shire Planner.
The landscaping plan is to indicate mounding and dense planting at the front of the site to
screen the driveway.
5. Any fencing provided in conjunction with the development is to be setback an average of two
(2) metres to any road frontage pursuant to clause 36 (6) (c) of the Schedule to the Planning
Scheme.
6. Construction work and other associated activities are permitted only during the hours of
7.00a.m to 6.00p.m. Monday to Saturday. No work is permitted on public holidays, except
where extended hours are approved by the Building Surveyor.
7. Payment of contributions in accordance with Council’s Policy on Water Supply and Sewerage
Headworks. An estimate only of the charges as at December, 1993 under the current policy
is as follow: -
Water Supply $3181
Sewerage $1947
TOTAL: $5128
Headworks contributions shall be calculated and paid in accordance with one of the following
alternatives:-
a. Prior to the issue of a Building Approval, in the amount calculated under the Policy at
the date: or
b. Deferred to the soonest of the following dates:-
i. Prior to Council sealing plans of the development for titling purposes;
ii. Prior to the issue of a Certificate of Classification for any building approval under
this application; or
iii. Prior to commencement of the approved use at the relevant premises.
Where the option of a deferred payment is used in accordance with b. above, the following
conditions shall also apply:-
A. Prior to the issue of a Building Approval, a trading bank guarantee is to be submitted
to the value of headworks which are due, plus 20%.
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B. The Subsequent payment of headworks shall include interest charged at the rate set
by the Queensland Treasury Corporation for Local Government borrowings as they
apply to Noosa Shire and current at the time the trading bank guarantee is submitted.
C. Should the contributions not be paid at the due time, Council shall call upon the sum
secured by the trading bank guarantee.
D. The trading bank guarantee will be returned on payment of the required contributions
plus interest or on expiry of the relevant Building Approval, whichever is sooner.
8. The footpath across the frontage of the site is to be upgraded by the provision of a 1.2 metres
wide concrete footpath and the forming, grassing and topsoiling of the remaining area to the
standards and requirements of the Shire Engineer. The applicant is to contact Council’s
Engineering Department to determine the footpath alignment prior to the commencement of
any works. A straight footpath is general undesirable.
9. The developer shall bear the cost of alteration of any public utility or other facilities
necessitated by the development of the land or associated construction works external to the
site.
10. Connection to Council’s existing water supply and sewerage reticulation systems at the
developer’s expense to the standards and requirements of the Shire Engineer.
11. The Developer shall provide metered water connections from the water supply system to the
proposed development, in accordance with Council’s standards and to the satisfaction of the
Shire Engineer.
12. Roof and surface water is to be collected on site and is to be discharged through a single
underground line into existing drainage into Sunseeker Close to the satisfaction of the Shire
Engineer. A Building Approval shall not be granted until the Shire Engineer has approved the
drainage scheme.
13. Provisions of approval refuse containers in accordance with the requirements of the Refuse
Management Regulations of 1983 for the storage and collection of refuse to the satisfaction
of Council’s Environmental Health Officer.
14. Provision of an imperviously paved area upon which to stand all refuse containers together
with a suitable enclosure, if required, to enclose the refuse container area to the satisfaction
of the Environmental Health Officer.
15. Any flat or unit intended to be let out for fee or reward is to be licensed annually with Council’s
Health Department in accordance with the provisions of Chapter 43 of Council’s By-Laws
prior to such letting.
16. Submission of a cash bond or trading bank guarantee to the sum of %3000 to secure
performance of conditions, prior to the issue of Building Approval. The cash bond or trading
bank guarantee will be returned upon performance of the conditions of approval.
17. The provisions of this approval are to be effected, prior to the commencement of the
approved use. Council reserves the right to call upon the bond or guaranteed sum referred
to in the approval for the purposes of litigation should the use not be conducted in accordance
with this approval.
18. The Town Planning Consent Permit may be revoked pursuant to Section 4.14 of the Local
Government (Planning and Environment) Act if the commencement of erection or works have
not been made in accordance with that Permit or the rights conferred by that Permit are not
exercised within two (2) years of the date of issue of the Permit.
19. The Town Planning Consent Permit lapses where:-
a. The use or erection of a building or other structure associated with the use, has not
been commenced within four (4) years of the date of issue of the Town Planning
Consent Permit, unless application is made and approved by Council for an extension;
or
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b. The use of any premises pursuant to the Town Planning Consent Permit ceases for a
period of twelve (12) months.
Additional Conditions – 26 June 2023
20. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below, in conjunction with plans listed in Condition 1,
unless otherwise amended by these conditions.
The approved plans in the below table relate to alterations and additions to Unit 2 only.
Plan No. Rev. Plan/Document Name Date
230201-A1 B Site Plan, prepared by Jim Moehead 21 February
Building Design & Drafting (as annotated by 2023
Council)
230201-A2 B Ground Floor Plan, prepared by Jim 21 February
Moehead Building Design & Drafting 2023
230201-A3 A Upper Floor Plan, prepared by Jim 13 February
Moehead Building Design & Drafting 2023
230201-A4 A Elevations, prepared by Jim Moehead 13 February
Building Design & Drafting 2023
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
Infrastructure Charges
1. 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
Developable Density
2. It is to be noted that the maximum allowable site coverage of the development has been
reached. Any additions to the development site of the Duplex Dwelling would not be
consistent with the site cover provisions of the Noosa Plan 2020.
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 All building works
10. SUBMISSIONS
Not applicable.
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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 online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Georgina Schramm
Development Planner
Enc: Referral Agency Response
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 9 May 1994
• Decision Notice - Minor – 1994.1165.01 – 26 June 2023, add additional condition 20.
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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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