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001 ECM_21443089_v2_Minor Change Existing Approva · 172007.545.02

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                                                                Officer:            Lisa Pienaar
                                                                Direct Telephone:   07 53296514
                                                                Our Reference:      172007.545.01 : JELDER
                                                                Your Reference:     10558

               13 April 2021


               CT Design
               C/- Suncoast Building Approvals
               PO Box1054
               MAROOCHYDORE QLD 4558


               [email protected]



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

               I refer to your application received on 23 February 2021, 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:              172007.545.01

                   Street address:              25 Arkana Dr Noosa Heads Qld 4567

                   Real property description:   Lot 78 RP 94023

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               The following type of approval was issued on 23 April 2007.
                      Preliminary Approval for Building Works - Alterations and Additions to Existing Detached
                       House
               In relation to the request to make a minor change to the existing approval, Council on 7 April 2021,
               decided to approve the requested changes. The changes are detailed below.
               A.      Approve the change in part.
               B.      Amend condition 1.
               C.      Include additional conditions 7 and 8.
               D.      Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.
               3.      CURRENCY PERIOD OF APPROVAL

               Not applicable.




                                                PO Box 141                   P. (07) 5329 6500      [email protected]
                                                TEWANTIN QLD 4565            F. (07) 5329 6501      www.noosa.qld.gov.au
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Document Set ID: 21443089
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Full text of the other 4 pages

Page 2

               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 listed in the following table unless
                      otherwise amended by these conditions.

                           Plan No.            Rev.   Plan/Document Name                              Date

                           WD.101              C1     Cover sheet, prepared by CT Design as 10/02/2021
                                                      annotated by Council

                           WD.201              C1     Existing Lower Level Floor Plan, prepared 10/02/2021
                                                      by CT Design

                           WD.205              C1     Prop. Ground Floor Plan, prepared by CT 10/02/2021
                                                      Design

                           WD.206              C1     Proposed Upper Level Floor Plan, prepared 10/02/2021
                                                      by CT Design

                           WD.207              C1     Proposed Roof Plan, prepared by CT 10/02/2021
                                                      Design as annotated by Council

                           WD.501              C1     East Elevations, prepared by CT Design          10/02/2021

                           WD.502              C1     North Elevations, prepared by CT Design         10/02/2021

                           WD.503              C1     West Elevations, prepared by CT Design as 10/02/2021
                                                      annotated by Council

                           WD.504              C1     South Elevations, prepared by CT Design 10/02/2021
                                                      as annotated by Council

                           WD.601              C1     Section A, prepared by CT Design                10/02/2021

               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.     All hot water systems installed shall be either solar systems; electric heat pump systems; or
                      gas systems (LPG or natural).
               4.     Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) are
                      not constructed under overhead electricity transmission lines, or within any easements.
               5.     A geotechnical report, prepared by a registered professional engineer shall be obtained, and
                      it should either:-
                      a.      certify that the site is not at risk from landslide emanating from the site or from other
                              land; or
                      b.      identify methods of stabilising all buildings, accessways and uses areas; and where
                              the geotechnical report identifies methods of stabilising buildings, accessways and
                              uses areas.     The development shall implement those methods, which are
                              recommended.
               6.     The Preliminary Approval for a building works lapses if the use has not happened by 23 April
                      2009, unless an application to extend the currency is approved by Council




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Page 3

               Additional Conditions – 7 April 2021
               7.     The proposed terrace roof extension is not approved.
               8.     The existing roof over part of the upper level terrace is approved. Where maintenance is
                      required, the structure may be replaced in the same location as exists and must not exceed
                      the existing building height.
               5.     APPLICABLE CODES

               The developer must comply with the following codes for self-assessable development related to
               the development approved under this Development Permit: -
               Detached House Driveways Code
               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:
               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:-
                      a.      On a Sunday or public holiday, at any time; or
                      b.      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
               Infrastructure Charges
               3.     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.
               8.     PROPERTY NOTES

               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.
               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.
               During the appeal period, you as the applicant may suspend your appeal period and make written
               representations to Council about the conditions contained within the development approval. If
               Council agrees or agrees in part with the representations, a negotiated decision notice will be
               issued. Only one negotiated decision notice may be given.


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Page 4

               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,




               Lisa Pienaar
               Development Planner



               Enc:      Appeal Rights
                         Approved Plans/Documents
               cc.       Unitywater




               DECISION NOTICE HISTORY
                    Original Decision Notice – 23 April 2007.

                    Decision Notice - Minor 172007.545.01 – 7 April 2021, with an amendment to conditions 1 and additional conditions 7 and 8.




                                                                                                                                   Page 4 of 5
Document Set ID: 21443089
Version: 2, Version Date: 13/04/2021

Page 5

                                                                              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.




                                                                                                                                                    Page 5 of 5
Document Set ID: 21443089
Version: 2, Version Date: 13/04/2021

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