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Decision Notice - Approved by Delegation of Authority - DBW25 0014 (As Published) · DBW25/0014

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                                                                                      Officer:          Cameron Smith
                                                                                      Direct Telephone: 07 5329 6245
                                                                                      Our Reference:    DBW25/0014
                                                                                                        RAP25/0008
                                                                                      Your Reference:   n/a

               21 May 2025


               Ms CA Lumley & Mr JW Lumley
               C/- Place Design Group
               GPO Box 775
               BRISBANE QLD 4001
               [email protected]



               Dear Sir/Madam,
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 15 May 2025, Council decided to approve the
               application , subject to conditions.
               Details of the decision are as follows:
               RECOMMENDATION
               With regard to Application No DBW25/0014 for Building Work Assessable Against the Planning
               Scheme - Demolition Class 1 and 10 situated at 7 Maher Terrace, SUNSHINE BEACH and
               described as Lot 754 on RP48111, it is recommended the application be approved in accordance
               with the following details for the Decision Notice:
               1.      APPLICATION DETAILS

                   Application No:              DBW25/0014

                   Street address:              7 Maher Terrace, SUNSHINE BEACH

                   Real property description:   Lot 754 on RP48111

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for Building Work Assessable Against the Planning Scheme -
                       Demolition Class 1 and 10
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.




               ABN 97.969.214.121                                                            PO Box 141
               noosa.qld.gov.au                                                       Tewantin QLD 4565
               [email protected]                                                       07 5329 6500
                                                                                                      Page 1 of 7
Document Set ID: 23749591
Version: 4, Version Date: 21/05/2025
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Page 2

               4.     ASSESSMENT MANAGER CONDITIONS

               PLANNING
                      When Conditions must be Complied With
               1.     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.
                      Approved Plans
               2.     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

                        Carmel & John Lumley      D     Site Plan Existing prepared by Nielsen 21.03.2025
                        SD 1.00                         Jenkins

                        Carmel & John Lumley      D     Site Plan Proposed prepared by Nielsen 21.03.2025
                        SD 1.01                         Jenkins

                        Carmel & John Lumley      D     Lower Floor Plan Proposed prepared by 21.03.2025
                        SD 1.02                         Nielsen Jenkins

                        Carmel & John Lumley      D     Upper Floor Plan Proposed prepared by 21.03.2025
                        SD 1.03                         Nielsen Jenkins

                        Carmel & John Lumley      D     Roof Plan Proposed prepared by Nielsen 21.03.2025
                        SD 1.04                         Jenkins

                        Carmel & John Lumley      B     Landscape Floor Plan Proposed prepared 21.03.2025
                        SD 1.05                         by Nielsen Jenkins

                        Carmel & John Lumley      D     Elevations Proposed (North & South 21.03.2025
                        SD 2.01                         Elevations) prepared by Nielsen Jenkins

                        Carmel & John Lumley      D     Elevations Proposed (East & West 21.03.2025
                        SD 2.02                         Elevations) prepared by Nielsen Jenkins

                        Carmel & John Lumley      D     Sections AA & BB Proposed prepared by 21.03.2025
                        SD 3.01                         Nielsen Jenkins

                        Carmel & John Lumley      D     Sections CC & DD Proposed prepared by 21.03.2025
                        SD 3.01                         Nielsen Jenkins

                        Carmel & John Lumley      D     Sections EE & FF Proposed prepared by 21.03.2025
                        SD3.03                          Nielsen Jenkins

                      Currency Period
               3.     This development approval lapses if the use has not happened by 15 May 2027, unless an
                      application to extend the currency period is approved by Council.
                      Building Height
               4.     The maximum height of the development must not exceed 8 metres above the finished
                      ground level and the natural ground surface.




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               5.     Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
                      certifies that the building does not exceed the maximum height requirement of this Decision
                      Notice.
                      Vegetation Removal
               6.     Existing trees on the site must be retained, except those identified for removal on the
                      approved Site Plan Existing, which are permitted to be removed to accommodate the
                      approved dwelling.
                      Fauna Management
               7.     Prior to felling or pruning, all trees and shrubs are to be checked for wildlife (i.e. koalas,
                      possums, birds etc.) If wildlife is present, the tree vegetation must not be felled or pruned
                      until the wildlife has left vegetation or has been relocated by a qualified fauna spotter catcher.
               *(Refer to Advisory Note)
                      Earthworks
               8.     Earthworks must be minimised as far as reasonably practicable to provide a level building
                      platform for the proposed additions.
               9.     Filling must not extend more than 1 metre beyond the footprint of the approved additions
                      when measured from its outer walls.
               10.    Earthworks required on site must be carried out in accordance with Council’s Planning
                      Scheme Policy PSP6 - Engineering Design Standards, so as not to cause the additional
                      ponding of water on any adjoining lands or concentrate or direct overland flow on to an
                      adjoining property.
               DEMOLITION OF EXISTING BUILDING/S
                      Codes of Development
               11.    Unless specifically conditioned otherwise, all works must comply with the relevant acceptable
                      solutions as contained in the Waste Management Code and Water Quality and Drainage
                      Code of the Noosa Plan 2020.
                      Works
               12.    Demolition must be undertaken in a manner that causes no detrimental effect upon the
                      amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
                      hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions
                      in accordance with the nuisance provisions of the Environmental Protection Act 1994.
                      Waste Management
               13.    Adequate area must be provided on-site for the collection and separate storage of recyclable,
                      non-recyclable, vegetative and hazardous materials in their specific waste streams during
                      removal or demolition works.
               14.    All waste materials must be removed from the site to avoid causing unhealthy conditions,
                      with the site left clean, tidy and free from any debris.
               15.    Where a development permit has not been issued for the future use of the site, hard surfaced
                      areas including concrete slabs must be removed and disturbed areas must be revegetated
                      in accordance with PSP2 Landscaping of the Noosa Plan 2020. Alternatively, the site must
                      be turfed within 20 business days of completing the removal or demolition work.




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                      Water Quality and Drainage
               16.    Erosion and sediment control is to be undertaken in accordance with the requirements of the
                      Water Quality and Drainage Code of the Noosa Plan. Measures are to be installed and/or
                      maintained until soils are stabilised by vegetation or sealed.
                      NOTE: It is an offence under the Environmental Protection Act 1994 to deposit or potentially
                      allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage
                      system (e.g. roadside gutter).
                      Health and Safety
               17.    All building materials containing asbestos, including asbestos cement sheeting or roofing and
                      lagging, are removed from the building prior to demolition or relocation.
               18.    Removal of building materials containing asbestos must be undertaken by a licensed
                      asbestos removalist.
               19.    Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
                      requires a licensed asbestos removalist to give notice to Workplace Health and Safety
                      Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
                      commences. Notification must be made using Form 65: Notification of licensed asbestos
                      removal work, demolition work or emergency demolition.
               20.    All building materials containing asbestos products are wrapped and disposed of in
                      accordance with the Public Health Regulation 2006 and the Environmental Protection
                      Regulation 2008.
                      Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses
                      businesses that transport asbestos waste, and landfills that accept this waste.
                      General
               21.    Infrastructure including reticulated water, sewerage, stormwater, and electricity must be
                      protected from damage and made safe to the standard required by the regulatory authority.
               22.    Any damage to footpaths, street plantings, natural vegetation/trees, kerb and channel,
                      bridges or roadways at the removal/demolition site must be repaired or reinstated to at least
                      pre-existing conditions.
                      Plumbing and Drainage
               23.    It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at
                      demolition of a building, the existing sanitary drain upstream from the connection point for a
                      service provider’s sewerage system must be sealed watertight. This work is deemed as
                      notifiable Work and must be carried out by a suitably licenced plumber who must submit an
                      As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
                      Construction Commission) within 10 days of completing the work.
               5.     REFERENCE DOCUMENTS

               Not applicable.
               6.     REFERRAL AGENCIES

               Not applicable.




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               7.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      Fires in Urban Areas
               1.     In urban areas fires are prohibited except where in an appliance is 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
                      Equitable Access and Facilities
               2.     The plans for the proposed building work have NOT been assessed for compliance with the
                      requirements of the National Construction Code - Building Code of Australia (Volume 1) as
                      they relate to people with disabilities. Your attention is also directed to the fact that in addition
                      to the requirements of the National Construction Code as they relate to people with
                      disabilities, one or more of the following may impact on the proposed building work:
                      a.      the Disability Discrimination Act 1992 (Commonwealth);
                      b.      the Anti-Discrimination Act 1991 (Queensland); and
                      c.      the Disability (Access to Premises – Buildings) Standards
                      Qualified Person
               3.     Qualified Person, for the purpose of:
                      a.      Supervising landscape works and preparing a landscape certification, is considered to
                              be a landscape architect, landscape designer or horticulturist with a minimum of three
                              years current experience in the field of landscape design.
                      b.      Undertaking landscape construction and establishment works is considered to be a
                              person with five years current experience in commercial landscape construction
                              projects.
                      c.      Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
                      d.      Undertaking, supervising tree works and preparing arboriculture certification, is
                              considered to be a person with a minimum three years current experience in tree
                              protection, hazard identification/mitigation and AS2303 Tree stock for landscape use
                              assessment and either:
                              i.       International Society of Arboriculture (ISA) certification; or
                              ii.      A Diploma of Arboriculture.
               8.     PROPERTY NOTES

               Not applicable.
               9.     VARIATION APPROVAL DETAILS

               Not applicable.
               10.    FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required                    Subject of the required Development Permit

                Development Permit for Building Works                  All building work

               11.    SUBMISSIONS

               Not applicable.


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Page 6

               12.    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.
               13.    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,




               Cameron Smith
               Development Planner


               Enc:   Appeal Rights
                      Approved Plans/Documents




                                                                                                      Page 6 of 7
Document Set ID: 23749591
Version: 4, Version Date: 21/05/2025

Page 7

                                                                              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 7 of 7
Document Set ID: 23749591
Version: 4, Version Date: 21/05/2025

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