Council archive · source document
Decision Notice - Approved by Delegation of Authority - DBW25 0014 (As Published) · DBW25/0014
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
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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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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
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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.
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