Minor Change Existing Approval MCU21 0012.02

Officer: 	Patrick Murphy
Direct Telephone: 	61753296436
Our Reference:	MCU21/0012.02
Your Reference:	2021-5746
1 February 2022
GG Broadhurst & RA Broadhurst
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 19 January 2022, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU21/0012.02
Street address:	32 Plover St Peregian Beach Qld 4573
Real property description:	Lot 9 P 9313
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 1 June 2021.
•	Development Permit for Material Change of Use - Dwelling house
In relation to the request to make a minor change to the existing approval, Council on 31 January 2022, decided to approve the requested changes. The changes are detailed below.
Approve the change.
Amend condition 2.
currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
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
1.2	B	Site, prepared by /NDRSN	21-12-21
2.1	B	Area Calculations and Compliance Table, prepared by /NDRSN	21-12-21
3.1	B	Ground Floor Plan, prepared by /NDRSN	21-12-21
3.2	B	First Floor Plan, prepared by /NDRSN	21-12-21
3.3	B	Roof Plan, prepared by /NDRSN	21-12-21
4.1	B	West and East Elevation – N & S, prepared by /NDRSN	21-12-21
4.2	B	North and South Elevation, prepared by /NDRSN	21-12-21
5.1	B	Section AA & BB, prepared by /NDRSN	21-12-21
Built form
The maximum height of the development must not exceed 8.103 meters above ground level in accordance with the approved plans.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
The swimming pool must be less than 1 metre above the natural ground level and comply with the Queensland Development Code.
Currency Period
This development approval lapses if the use has not happened by 1 June 2027, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building 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. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
To screen the development, screening vegetation must be planted for the full length of the north and south boundaries in accordance with Council’s Planning Scheme Policy PSP2 - Landscaping.  The planted vegetation must have a minimum pot size of 200mm and consist of native, endemic species with a mature height of not less than 8 metres and a maximum spacing of 2 metre centres.
A mix of native landscaping, such as ground covers, shrubs and trees, is provided for a width of 5 metres from the seaward or rear boundary of the site.  The planted vegetation must have a minimum pot size of 200mm and consist of native, endemic species as per Table 3.1 & 3.2 of PSP2 Landscaping for suitable coastal species.
One 45 litre street tree must be provided within the frontage. The tree must be a coastal species in accordance with PSP2 – Landscaping.
Coastal Protection
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
Site Access and Driveways
A sealed access driveway must be provided from the existing formation in Plover Street to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover generally in accordance with drawings numbered 21624-C1-P5, 21624-C2-P5, 21624-C3-P3 and 21624-C4-P2 prepared by Rienmac Pty Ltd dated 16 March 2021
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.  The works must be undertaken generally in accordance with drawings numbered 3582-1 dated 16 February 2021, 3582-2 Revision A dated 26 March 2021 prepared by Construction Hydraulic
Prior to the commencement of the use a certificate must be issued by an RPEQ certifying that the stormwater drainage system has been constructed in accordance with the conditions of this permit.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
All works must be carried out in accordance with the recommendations contained in the Soil Test Report – Report No: 200365(S) prepared by Australian Soils Investigations dated 14 December 2020
Prior to the commencement of the use certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the Soil Test Report – Report No: 200365(S) prepared by Australian Soils Investigations dated 14 December 2020 and that the development has a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
Earthworks and Retaining Walls
Earthworks carried out on site must not affect the structural integrity of any adjoining lands and/or buildings and/or structures and/or services that border the development site.
All fill and associated batters/retaining structures, both temporary and/or permanent, both above and below ground level,  must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval
referral agencies
Not applicable.
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
Infrastructure Charges
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
Fires in Urban Areas
Please note that in urban areas of the Noosa Shire Council area, fires are prohibited except where in an appliance used for domestic heating or cooking purposes, which must comply with particular Standards. Any area identified as a fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local Law No. 3, Schedule 3.  Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
Infrastructure Charges
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.
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Site Access and Driveways
Development Permit for Building Works	All building work.
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.
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.
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,

Patrick Murphy
Coordinator Planning

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater
DECISION NOTICE HISTORY
Original Decision Notice – 1 June 2121.
Decision Notice - Minor – MCU21/0012.02 – 31 January 2022, with an amendment to condition 2.

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 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.
(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.
230 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.
231 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.
232 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

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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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ee) NOOSA COUNCIL