Changed Approval 51987.2898.02

Officer:	Glen Conforti
Direct Telephone:	07 53296241
Our Reference:	51987.2898.02 (TPC 1971)
Your Reference:	N/a
30 August 2016

DBW Development Pty Ltd
PO Box 669
TEMPLESTOWE  VIC  3107

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing. On 30 August 2016, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	51987.2898.02 (TPC 1971)
Street Address:	21 & 23 Webb Road Sunshine Beach
Real Property Description:	Lots 1 & 2 RP 234161
Decision details
Council on 17 December 1987 decided to issue the following type of approval (refer to attachment 1):
Town Planning Consent for a Dwelling in a Sand Dune Problem Area
In relation to the request to make a change to the existing approval, Council on 25 August 1988 agreed to modify TPC 1971 subject to conditions (refer to attachment 2).
In relation to the request to make a change to the existing approval, Council on 19 October 1989 agreed to modify TPC 1971 subject to conditions (refer to attachment 3).
In relation to the request to make a change to the existing approval, Council on 11 September 2014 decided to:
A.	Approve alterations and additions to the existing building and include additional conditions 1, 2 & 3
In relation to the request to make a change to the existing approval, Council on 30 August 2016 decided to:
A.	Approve a change to Condition 1.
B.	Include an additional Condition 4.
relevant period of approval
The relevant period for this development approval is in accordance with that stated in the Decision Notice/Negotiated Decision dated 17 December 1987, unless an application to extend the period is approved by Council under s 383 of the Sustainable Planning Act 2009.
CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
To be read in conjunction with previous approvals for TPC1971, copies attached.

Additional Conditions - 11 September 2014
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.
Approved Plans were amended on 30 August 2016 (refer to current Approved Plans below).
Landscaping
The existing garden area to the east of the new pool must be retained. The garden must extend from the eastern side of the new pool and must be enhanced with plantings in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines and consist of native and endemic species.

Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $2,000 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.

Amendment to Condition 1 & Additional Condition 4 - 30 August 2016
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, prepared by	Date
TP1 0.02	2	Proposed Site/Roof Plan, BBP Architects	04.07.2016
TP2 G.03	3	Proposed Floor Plans, BBP Architects	04.07.2016
TP4 0.01	2	Existing, Demolition & Proposed North Elevations, BBP Architects	04.07.2016
TP4 0.03	2	Existing, Demolition & Proposed East 1 Elevations, BBP Architects	04.07.2016
TP4 0.05	1	Existing, Demolition & Proposed West 1 Elevations, BBP Architects	26.08.2014
4.	The pool must be setback a minimum of 6.4m from the seaward boundary.
rights of appeal
You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
other details
If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY Original Decision Notice – 17 December 1987 Changes to an Existing Approval –25  August 1988 agreed to modify TPC 1971 subject to conditions. Changes to an Existing Approval – 19 October 1989 agreed to modify TPC 1971 subject to conditions. Changes to an Existing Approval – 11 September 2014, including additional conditions 1, 2 & 3. Changes to an Existing Approval – 30 August 2016 with an amendment to condition 1 and additional condition 4

Yours faithfully

Glen Conforti
Development Planner

Encl. 	Approved Plans/Documents
Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.
Attachment 1 – Original Town Planning Consent  - TPC 1971

Attachment 2 – Changes 25 August 1988

Attachment 3 – Changes 19 October 1989

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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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51987.2898.02

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NOOSA
COUNCIL


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R. Ryter
ere

TPC 1971 (159)

17th December, 1987

 

Lawrence and Partners
P.0. Box 53,
NOOSA HEADS. 9. 4567

Dear Sirs,

Re: Application for Town Planning Consent TPC 1971, Lawrence and Partners,
for extensions to an existing dwelling at 19 Webb Road, Sunshine
Beach, described 8s Tot 2 on RP. 135079, Parish of Weyba, County of
March

 

I xefer to the above application and advise that Council at its meeting
held on the 15th December, 1987 resolved that the application be approved,
subject to the following condition:

 

1, Submission to and approvel by Council of building plens in accordance
with the Building Act, Council's By-laws and Policies, and generally
in accordance with the plan approved in this Consent and the shire of
Noosa Town Planning Scheme apart from where amendments are required by
Gispensations or have been granted in conjunction with this Consent.

2. Disposal of septic and sullage wastes on site to the satisfaction of
the Shire Engineer. Plens prepared by @ Registered Hydraulics
Consultant ere to be submitted and to be approved by Council's
Building Surveyor, prior to the issue of a Building Approval.

3. Stormwater to be disposed of on site so as to cause no scour or damage
to adjoining properties to the stendards and requirements of Council's
shire Engineer.

4. Prior to the submission of a Building Application end at the
applicant's expense, a geotechnical report is to be submitted for
appraisal by Council's nominated geotechnical consultant and for
approval by the Building surveyor.

5. A certificate shall be submitted by the applicant's structural
engineer, with 2a check certificate from an independent firm of
structural engineers, confirming the adequacy of the structure to
perform to conditions on the site to the satisfaction of the Building
Surveyor.


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Lawrence and Partners - TPC 1971 ~ 17th December, 1987 - Page 2

 

6. This Consent may be revoked pursuant to Section 33 (16D) of the Local
Government Act if substantial progress has not been made in the
erection of any building or other structures in accordance with this
Consent or the rights conferred by this Consent are not exercised in
accordance with this Consent within two (2) years of the date thereof.

7. Approval is to be obtained from the Beach Protection Authority for
buildings or other structures proposed to be located within the
Coastal Management Control District.

No objections to the proposal were lodged with Council as a result of the
advertising of the application. Please find attached copies of parts of
the local Government Act which outline appeal rights in relation to
Council's decision.

Yours faithfully,

\a Buster.

D.J. Philpot,
saree currx. A~

ed.


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Raul Weycharat

TPC 1971 .
RW: 86

26th August, 1988

Hurst & Nerris Pty. Ltd.,
Architects,

The Sound Shopping Centre,
Noosa Parade,

NOOSA HEADS. 9. 4567

Dear Sir,

Ret Application for modification to approved plans for TPC 1971 (Lawrence
& _Pertners) for 9 welling house on Lot 2 on RP 135079 at 19 Webb

Road, Sunshine Beach
With reference to the above proposal, I wish to advise that Council at its

meeting held on the 25th August, 1988 resolved to agree to modify TPC 1971
subject to the following conditions:~

1, Approved plans ere now drawing nos. 8732-D2, D3, D7, D@ and WD 4
prepared by Hurst & Harris dated July end August, 1988.

The existing residence shell be demolished prior to occupation of the
new residence.

 

3. Lots 1 and 2 on RP 135079 shall be smelgemated prior to the occupation
of the new residence.

Yours feithfully

Vt,

D.d. Philpot
SHIRE CLERK

 

 


[Attachment: image8.png (image text)]
Raul Weychardt -
Tel. O71 495-266 rerena

(mec ig7illana tre 2251

25th October, 1989

MR BRIAN WOOD
PO BOX 881
NOOSA HEADS QLD 4567

Dear Sir,

Re: ‘PC 1971 and TPC 2251 (B. Wood) for a dwelling and tennis court
respectively on Lots 1 and 2 on RP 135079, Parish of Weyba situated
in Webb Road, Sunshine Beach

With reference to the above matter I wish to advise that Council at its

meeting held on the 19th October, 1989 resolved to modify the above

applications as follows:-

1. TRC 1971
Condition 3 be amended to read:~

Lots 1 and 2 on RP 135079 shall be resubdivided to ensure that all
access and building works associated with the dwelling are
contained on one single allotment within 3 months of the occupation
Of the new residence.

2. TPC 2251
Condition 2 (b) to read:—
The tennis court is to comply with Council's Policy on Tennis
Courts, provided the minimim setback to the northern and southem
boundaries, is permitted to be 1 metre.
Condition 6 to read:~

Compliance with all the conditions of TPC 1971 prior to the use of
the tennis court.

Please find attached copies of parts of the Local Government Act which
outline appeal rights in relation to Council's decision.

Yours faiphfully,

“B. DAVIDSON
SHIRE CLERK

b/c Hurst & Harris, Sound Shopping Place, Noosa Parade, Noosa Heads 4567