Extension to Currency Period - Approved 132003.221157.5

Officer: 	Wilhelm Koschade
Direct Telephone: 	07 53296540
Our Reference:	132003.221157.5
Your Reference:	n/a
7 September 2021
Melda Investments Pty Ltd
C/- RG Strategic Australia
PO Box 1818
NOOSA HEADS QLD  4567
[email protected]
Dear Sir/Madam
Extension to Currency Period
Planning Act 2016
I refer to your request received on 17 August 2021, to extend the currency period for an existing development approval. On 3 September 2021, Council decided to approve your request.
Details of the decision are as follows:
APPLICATION details
Application No:	132003.221157.5
Street address:	37 Douglas St Sunshine Beach Qld 4567
Real property description:	Lot 323 RP 48111
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
decision details
The following type of approval was issued on 30 June 2015
Development Permit for Material Change of Use of Premises – Non-Conforming Dwellings
In relation to the request to extend the currency period for this approval, Council on 3 September 2021, decided to extend the currency period as detailed below.
currency period of approval
The currency period ends for this development approval on 30 June 2025.

assessment manager conditions
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are labelled: Proposed Residence – Lot 323 Douglas Street: Site Plan, Garage Floor Plan, Ground Floor Plan, First Floor Plan, Lower Roof Plan, Upper Roof Plan, Sections A & B, Section C, Elevation 1, Elevations 2 & 4, Elevation 3, Douglas Street Elevations, Lane Elevations and Northeast Elevation; numbered: A-01B, A-02B, A-03B, A-04A, A-05A, A-06B, A-07B, A-08A, A-09A, A-10A, A-11A, A12A, A13A, dated 1/12/2003 and A16A dated Nov 2004 and as amended, prepared by Middap Ditchfield Architects Pty Ltd and as may be amended by these conditions.
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.
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 prepared by a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter. The landscape plan is to clearly indicate and include: -
The existing large mature paper bark tree in the northwest corner of the subject site is to be retained and protected. The length of the pool and the area of decking are to be reduced to accommodate this species;
The existing mature paper bark tree on the northeastern property boundary at the front of the subject site is to be retained and protected;
An arborist’s report shall be submitted with the application for Operational Works addressing the retention of the above trees;
Screening vegetation in the form of native coastal trees and shrubs with understorey plantings is to be planted in the setback areas, to include a mix of plant species ranging up to 45 litres.
All fencing shall be setback at least 1 metre from the front property boundary, with at least half of the fencing setback 2 metres. The area of land between the fence and the front property boundary shall be densely landscaped to screen any fencing from the street.
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. These landscape plans required to be submitted are to denote areas of existing vegetation or existing trees proposed or required to be retained.
Cleared vegetation is to be suitably processed by one of the following methods and removed from the site:-
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.
Disposal for firewood.
Disposal for landscaping purposes.
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.
The disposal method for clearing works is to be submitted in conjunction with an application for a Development Permit for Operational Work. The Applicant is advised that other methods may be considered provided full details of the method are submitted.
The Applicant is advised that burning off is an unacceptable method of disposal.
The northeastern wall of the building is to incorporate a mixture of materials including timber boards and pre-cast concrete wall panel.
All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural).
Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining as open structures.
The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this requirement.
Security in the form of a cash bond or trading bank guarantee to the sum of $5000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for operational 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.
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
The Development Permit for a material change of use of premises lapses if the use has not happened by 30 June 2025, unless an application to extend the currency is approved by Council.
The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to obtaining a Development Permit for Building Works.
Building Services
An identification survey of the subject site is to be carried out by a Licensed Surveyor and is to be submitted to Council at the time of foundation inspection or immediately thereafter. Such survey shall set out the boundaries of the site and the position of the buildings on the site.
A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion of the work confirming compliance with the maximum building height above natural surface, required by the provisions of the Planning Scheme.
The plans submitted for a Development Permit for building works on each allotment are to comply with the following: -
The maximum height of each garage within 0.75 metres of the applicable side boundary shall not exceed 4.5 metres.
The mean height as above shall not exceed 3.5 metres.
The side walls of the garages and the alcoves, closer than 0.75 metre from a side boundary shall be of “maintenance free” construction to comply with the requirements of Part 11 of the Queensland Development Code.
The rooftop pergolas shall remain unroofed and unenclosed at all times.
Land Development
Vehicle Access
A vehicular access driveway to serve each allotment shall be constructed from the Douglas Street frontage of the site to a maximum width of 3.5 metres.
The driveway shall be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any level difference.  Should any driveways be constructed to grades that do not comply with AS2890.1-2004, Council will require that the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
Carparking
Carparking shall be provided within the sites as shown on the stamped approved plans.
A minimum of 2 covered carpark spaces shall be provided on each site.
The carparking areas shall be designed to comply with the provisions of AS 2890.1-2004 for user class 1A with a minimum head clearance (headroom) at any point of 2.2m.
Vegetation Protection
Vehicular pavements within the drip zone of any existing trees to be retained or new trees to be planted shall be designed as a pervious pavement (such as grass paving cells or similar), as this will allow water that falls on this surface to penetrate to the trees root system.  The pavement shall be constructed so as not to damage the tree or their root system and in this regard temporary fencing shall be provided around the trees during construction to help protect them.
Plans shall be submitted to the Council for approval that clearly show the type and extent of the pervious pavement and the temporary fencing prior to obtaining a Development Permit for Operational Works.
Roadworks Contributions (Local Road Network)
A roadworks contribution of $627 towards the future upgrading of the local road network shall be paid to the Council prior to obtaining a Development Permit for Operational Works. This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from March 2005 until the date of payment.
Frontage Works
Footpath improvements such as topsoiling, grassing, and tree planting are required to the Douglas Street frontage of the site in accordance with Planning Scheme Policy PSP1 Landscaping Guidelines.  Grass shall be couch, free of weeds.
A new 1.2m wide concrete path shall be constructed along the Douglas Street frontage of the site in accordance with Council’s design standards and to an alignment that protects any significant vegetation or any underground services.
All paths shall be designed and constructed to ensure pedestrian safety using non-slip materials and to produce an evenly graded surface finish.
All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications prior to commencement of the use permitted by this permit.
Pathway Contributions
A pathway contribution of $168 towards external major pathways, in accordance with Planning Scheme Policy PSP41 Coastal Major Pathway Contributions, shall be paid to the Council prior to obtaining a Development Permit for Operational Works. This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from March 2005 until the date of payment.
Stormwater Drainage
All stormwater drainage shall be collected on site and discharged so there is no net increase in stormwater runoff from the site.  Stormwater drainage permitted to drain from the site shall be discharged to Council’s kerb & channel street drainage system in Douglas Street.  Plans of the drainage design shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works.  The maximum discharge of stormwater drainage allowable to Council’s kerb & channel street drainage system at any one location is 25 litres/second.
All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in accordance with Council’s standards and requirements at no cost to Council.
Town Water Supply
The site shall be connected to Council’s existing town water supply and be constructed in accordance with Council’s standards and requirements at no cost to Council.
Earthworks
If any filling works are required on site, it shall be carried out in accordance with Section 3.8 of Council’s Engineering Design Standards Manual and so as not to cause the additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.
This may require the design and construction of drainage pipes and/or an overland flow-path within the development site that caters for drainage from the adjoining sites for a design storm with an Average Recurrence Interval of 1 in 100 years. A private easement for the Drainage of Water encompassing the drainage pipes or overland flow-path will also be required. In this regard a Development Permit for Operational Works shall be obtained.
Should evidence be provided to Council indicating that no additional ponding of stormwater will occur on the adjoining properties the requirement for the drainage pipes, overland flow-path and easement shall not apply.
Earthworks carried out on site shall not affect the structural integrity of any of the existing fences or structures that border the development site. Fences that are affected shall be replaced prior to Final Building Approval.  In this regard any fences to be replaced shall be clearly shown on the plans submitted for Operational Works approval.

Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
General
For the following classes of work associated with development, a Development Permit for Operational Works must be obtained prior to commencement of works relating to that class of work.  The application may combine any or all of these classes of work:-
Access and/or Carparking.
Site Civil Works.
Stormwater Drainage.
Frontage Works.
Earthworks.
Excavation of materials to fill another site.
Landscaping.
A suitably qualified Registered Professional Engineer shall prepare engineering drawings and specifications for all engineering works that will become Council infrastructure, which shall be submitted in conjunction with an application for a Development Permit for Operational Works.  In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with any application for Operational Works.
Digital detailed design drawings and calculations shall be submitted with any application for a Development Permit for Operational Works in respect of roadworks and stormwater drainage works.  To avoid conflict with underground pipes or services, all existing and proposed services required by the development shall be shown on the plans.
To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are available at www.adac.com.au).
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer for design intent, and a Licensed Surveyor shall certify the cadastre and the location, level and type of all services and structures.  All of which shall be submitted to Council for checking and for Council’s records.
The data must fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels.  The data shall be submitted in the Asset Design and As Constructed (ADAC) digital format.  (Guidelines on the use of ADAC are available at www.adac.com.au).
Approval of works shall not be granted until all As Constructed information has been supplied and accepted by Council
referral agencies
Not Applicable
APPROVED PLAN/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following tables:
Plan / Doc No.	Rev.	Plan / Document Name	Date
A-01B		Site Plan - prepared by Middap Ditchfield Architects Pty Ltd	1/12/2003
A-02B		Garage Floor Plan - prepared by Middap Ditchfield Architects Pty Ltd	1/12/2003
A-03B		Ground Floor Plan - prepared by Middap Ditchfield Architects Pty Ltd	1/12/2003
A-04A		First Floor Plan - prepared by Middap Ditchfield Architects Pty Ltd	1/12/2003
A-05A		Lower Roof Plan - prepared by Middap Ditchfield Architects Pty Ltd	1/12/2003
A-06B		Upper Roof Plan - prepared by Middap Ditchfield Architects Pty Ltd	1/12/2003
A-07B		Sections A & B - prepared by Middap Ditchfield Architects Pty Ltd	1/12/2003
A-08A		Section C - prepared by Middap Ditchfield Architects Pty Ltd	1/12/2003
A-09A		Elevation 1 - prepared by Middap Ditchfield Architects Pty Ltd	1/12/2003
A-10A		Elevations 2 & 4 - prepared by Middap Ditchfield Architects Pty Ltd	1/12/2003
A-11A		Elevation 3 - prepared by Middap Ditchfield Architects Pty Ltd	1/12/2003
A12A		Douglas Street Elevations - prepared by Middap Ditchfield Architects Pty Ltd	1/12/2003
A13A		Lane Elevations - prepared by Middap Ditchfield Architects Pty Ltd	1/12/2003
A16A		Northeast Elevation - prepared by Middap Ditchfield Architects Pty Ltd	Nov 2004

advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
Advice
Approval of this development application will trigger an Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated amount of $1,716. This amount will subject to variations in the Consumer Price Index, All Groups Brisbane from March 2005 until the date of payment.  An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
Payment via credit card transaction will not be an acceptable method of payment for development contributions conditioned in this permit or for infrastructure charge notices issued separately.
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:-
On a Sunday or public holiday, at any time; or
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.
Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational works must be submitted to Council with the lodgement of any application for operational works over the site.
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, stormwater drain or a water course.  On the spot fines apply for such offences
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 (ACH Act).
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 ACH 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 Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required
Development Permit for Building Works All Building Works
Development Permit for Operational Works Landscaping, car parking and access, frontage works, stormwater drainage and filling of the site
submissions
Not Applicable
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.
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,

Wilhelm Koschade
Development Planner

Enc:	Appeal Rights
DECISION NOTICE HISTORY
Original Decision Notice – 30 June 2005.
Decision Notice – Minor Change - 17 August 2009; Extend to currency period; amend condition 1 & 13
Decision Notice – Minor Change – 23 August 2013 – amend condition 13
Decision Notice – Minor Change – 22 June 2017 – extend currency period
Decision Notice – Minor Change – 3 September 2021; Extend currency period

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
228 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(Refer to Schedule 1 of the Planning Act 2016)
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
229 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(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 –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(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 appeal is given to the person.
230 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
231 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to 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.

[word/footer1.xml]
Decision Notice – Minor Change 					Page 4 of 4

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
					Decision Notice – Minor Change 					Page 1 of 4

[word/footer3.xml]
Page 3 of 3

[word/header2.xml]
3

[Attachment: image3.png (image text)]
ee) NOOSA COUNCIL