SUPERSEDED Minor Change Existing Approval MCU16/0120.01

Officer: 	Wilhelm Koschade
Direct Telephone: 	07 53296215
Our Reference:	MCU16/0120.01 : JELDER
Your Reference:	n/a
21 June 2018

RD Monahan & KA Monahan
C/- Adapt Planning
PO Box 7618
SIPPY DOWNS  QLD  4556
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 5 June 2018, 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:	MCU16/0120.01
Street address:	Noosa Dunes 27/512 David Low Way Castaways Beach Qld 4567
Real property description:	Lot 27 SP 111721
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
The following type of approval was issued on 1 November 2016.
•	Development Permit for Material Change of Use of Premises - Detached house
In relation to the request to make a minor change to the existing approval, Council on 20 June 2018, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Amend conditions 2 and 5 to read as follows:
currency period of approval
The currency period for this development approval is 4 years starting the day that the original development approval MCU16/0120 took effect.
assessment manager conditions
When Conditions must be Complied With
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
WD.201		Lower Level Plan, prepared by Aboda Design Group	19/05/18
WD.202		Main Level Plan, prepared by Aboda Design Group	19/05/18
WD.203		Upper Level Plan, prepared by Aboda Design Group	19/05/18
WD.204		Roof Plan, prepared by Aboda Design Group	19/05/18
WD.501		Elevations, prepared by Aboda Design Group	19/05/18
WD.502		Elevations, prepared by Aboda Design Group	19/05/18
WD.503		Elevations, prepared by Aboda Design Group	19/05/18
WD.504		South Elevation, prepared by Aboda Design Group	19/05/18
-	A	Landscape Plan (Sheet 4 of 9), prepared by Outside Noosa	07/09/2016
-	A	Landscape Plan (Sheet 5 of 9), prepared by Outside Noosa	07/09/2016
Plan of Development
The development must be carried out in compliance with the relevant requirements and provisions of the Plan of Development (No 67).
Built Form
The external access from the driveway to the drying area (from the frontage) must be of minimal width and length.
Building Height
The maximum height of the development must not exceed 8.33 metres above the finished ground level and the natural ground surface and 2 storeys.
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.
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
All vegetation outside the building envelope must be retained where practicable.
All landscaping must be planted in accordance with the approved Landscape Plan and Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.
Trees in the road reserve must be protected from construction activities by:
clearly marking vegetation with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
CIVIL ENGINEERING
Geotechnical Stability
The development must be carried out in accordance with the Slope Stability Assessment prepared by SCG Consulting Engineers, Report Number 26250 (S) dated 8 September 2016.
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.
All earthworks and associated batters 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.
Excavation of the site and the construction of the proposed works must not have any adverse effects on the stability of adjoining buildings and/or structures and/or services and/or lands. In this regard, a Registered Professional Engineer Queensland must supervise the excavation of the site and the construction of the new works to determine whether any additional measures are required to protect the stability of adjoining buildings and/or structures and/or services and/or lands.
Erosion and Sediment Control
Prior to the completion of the development, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination
Damage to Services and Assets
Any damage caused to existing services and assets above or below the ground must be repaired:
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
Vehicle Access
A vehicular access driveway to service the dwelling must be constructed from the edge of formation of the common property driveway to the proposed garage. The driveway must be constructed in accordance with AS/NZS 2890.1-2004 and Council’s standard drawings RS-049 and RS-050.
Roof Water and Stormwater Drainage
The stormwater drainage system must be constructed generally in accordance with drawing 26250-SW1 and titled Site Stormwater Management Plan, prepared by SCG Consulting Engineers dated August 2016. In this regard the site stormwater management plan must be updated to reflect the approved plans.
The on-site infiltration system must be constructed wholly within the subject site and in a manner that does not compromise the stability of the subject site, the common property or any adjoining property.
The on-site infiltration system must be maintained by the property owner.
All site stormwater drainage must be by means of a gravity system.
General
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 transportation of all materials to and from the site must 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 must be covered to prevent materials including dust being windblown from the vehicle.
Certification
Certification must be submitted to Council from a qualified person* which certifies that the development:
has been constructed in accordance with the conditions listed within this Decision Notice,
has a minimum factor of safety against landslip of 1.5 in the long term, and
will not have any adverse effects on the stability of adjoining buildings and/or structures and/or services and/or lands in the long term.
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:
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Detached House Driveways Code. A self-assessable application is required to be submitted to Council for the vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.
property notes
Not Applicable.
variation approval details
Not Applicable.
further development permits required
Development Permit for Building Work (All Building Works)
submissions
Not Applicabale.
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,

Wilhelm Koschade
Development Planner

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice – 1 November 2016
Decision Notice - Minor MCU16/0120.1 – 20 June 2018, with an amendment to Conditions 2 and 5.

	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