26092018154707 · 51901.3589.04

Page 2

3. ASSESSMENT MANAGER CONDITIONS ©
Changes to Conditions - 22 November 2009

1. 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 and may t be amended by these conditions.

Plan No, ee. Pian / Document Name / a Date

Sheet 2 of 8 F Site Works - Key Plan prepared by . 20/08/2009
IntExt Design

Sheet 3 of 8 F Level 1 — Floor Plan & Fit-out prepared 20/08/2009
by IntExt Design

Sheet 4 of 8 F Level 2 — Floor Plan & Fit-out prepared 20/08/2009
by IntExt Design

Sheet 5 of 8 F Level 3 — Floor Plan & Fit-out prepared 20/08/2009
by IntExt Design

Sheet 7 of 8 F Level 2 — Floor Plan & Fit-out prepared 20/08/2009
by IntExt Design

Sheet 7 of 8 F Elevations prepared by IntExt Design  20MEI2008

Sheet 8 of 8 F Sections prepared by IntExt Design - 20/08/2009

2, The existing trees between the building and the site’s river frontage are to be retained.
Measures are to be undertaken to ensure that the root zones and predominant part of
the tree canopies are not adversely affected by the construction.

Changes to Conditions — 1 December 2017

1. Include approved plan No. A103, Proposed Works to Unit 4, prepared by Lisang
Design and dated 26 September 2 2017

4, 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. lf Council agrees or agrees in part with the representations, a negotiated decision
notice will be issued. Only ¢ one negotiated decision notice may | be given.

5. 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.

Pocument Set ID: 20462769

. . Page 2 of 4

Page 3

Yours faithfully,

«

Gran

Lisa Pienaar
Development Planner

Enc: Appeal Rights
Approved Plans/Documents
TPC 1114

. . Page 3 of 4

Page 4

 

Appeal Rights

PLANNING ACT 2016 & PLANNING REGULATION 2017

 

 

Chapter 6 Dispute resolution
Part 1 Appeal rights
228 Appeals to tribunal or P&E Court
(1) Schedule 1 of the Pian: Act 2016 states ~
{a) Matters that may be appealed to -
(i) either a tribunal or the P&E Court; or
(i) only a tribunal; or
(ili) 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
(ili), 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.

{Refer to Schedule 1 of the Planning Act 2016)

 

(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) fora decision about an offset or refund-

(i) the establishment cost of trunk infrastructure identified in
aLGIP; or

{ii) the cost of infrastructure decided using the method
Included in the local government's charges resolution.

229 Notice of appeal

(i) 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
(6) 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

(4)

(5)

(6)

(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.

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.

A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (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.

230 Other appeals

(1)

(2)
(3)

(4)

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.

The Judicial Review Act 1997, part 5 applies to the decision or
matter to the extent it is affected by jurisdictional error.

A person who, but for subsection (1) could have made an
application under the Judicial Review Act 1997 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.

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) adeemed 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,

231 Rules of the P&E Court

(1)

(2)

A person who is appealing to the P&E Court must comply with the
tules of the court that apply to the appeal.

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.

Page 4 of 4

Page 5

 

 

  

 

 

12th Kay, 20
T.P. Labs
inmaxr Sirs,
Ree fenul. 3 of Bilotmant. 4 on H.R. SOLOS situated at,
3 fusigoll Etreet, Brana Post:
Semenesaan yeoman SAN ERED

Your appiicasion seakien the censert of the Cowell to exact a
raltiple Owiling containing five ¢) wadte on the showseleser bed
land vas cousidered by Gounedi at ges meeting of tha 22m% keri,
Use,

twas os decision ad the Coahedl teat atter eosekeetnn all relevent
retters, the ippliantion o2 muivaleted be sgnranet excepts chat she
Comeil deeided net to somrove the prepoged beardealk toe be

eotut Lovhet oaralled te and over, the riverbenk, THe oroosal for
the boardwalk oomeg whthin a wemrate def! ledern of the teen Plage
aha may Fecoiye apoxoeay From the Conertrant of Narbours ancl
Marine, however, tha Councll was eroded bo the aueocbury on the
bards that the riverbank and retadiniey wekl may kegdhyk tadntanance
by Councd) in the future: and che propewed structure wold prevent
such melytenance,

  
    

The contitions etunching to GoomedE ts comment are as chow on the
attached mehedile ard an warthded bea Bore

Comal tare

Stormwater, incliding that Crea rested and paved anaes to ba dienaned
of by unlargmound means to an existing cateapit.

Condition &

Felling fe to he carr.ed out to the Lively ae reimdred for thw
Moogaviiie Hagtexc Gralnage Plan. Zhe Gounadi's Eneineers ‘requixauants
in this respect axa to be obtained orier to the tenga of a budiding
permit. ‘the mindeum fleer Level will ba tin. 1.5 matres.

 

Rally Ty
Rnol. Shire Clark.

 

Page 6

SEABOARD moe

 

ERIORE POR NEMTIPLE DePLLInes

1. Compliance with at relevant by-lows and Polielos,

25 Mininun tg rurbance to Batucal flora, be vegetation to be conaved
other ¢hon thet which Weuld doneda bublding operctions. he: Bracticable,

revegetation to ke carried aut following cemsation of bail alog agkivity.

  

 

  

‘3 Bernatient covered

  

Car parking to he provided cn the site for, | vohtetes,
‘ teyether sith espace sufesozane for... BP  eisiters: wendoles. Areas on

t which wohigdes vill be driven apior 2 ed ¢ Sry Ged vith a flexible

“ ” or other paversnt surfaced with bdtusen seal ooat, axphaltie ox othes

. conereke propgyay os eked and mx, Bhod engineering shamhards

te the satiefacrion tie Cowiedl's Pléns ¢ eiftentiong for
14 ng foompath exossings te ke Surmitter prior te issue of
a-boiiding pornit, Vehiewlar access te and fron the site to be sdomned

80 65 fo enenra that suffielernt ase is aveiiidle foy nanesuvying and turning
Oe povinit foxvard mavenen’ to ana from the road, “ot

 
  

  
  
 
 

 

            
 

  

 
   
 

 

4. A consxate inve and paved geress to conmect to the existing tiburon
road paverant te be constracted te the satisfaction ef the Council's Exgincer.

 

desma arch RSS RGR eS Te Mn Eby eS hd eee os OTE
[shee Porras ier BETESSTOVEM Bree eer wie hens ear WULIGLNS PoE,

OO BL ade.

 

wh Be ms at

 

 

 

   

joo ae) . :

he : Ly to} oommeresctterr wee SORT TS MTT FOLIAGE LSTA aE ES Ae WHEELER
aan  egeenaretes

: ‘ ‘tet ‘connnotion to Corned i's coverage system, - i - .
wae . “6. Cornegtion be Councilts vater supply facility ag the apDLi cank’s Bepenga, .

fad ~Seonrmatery titieth ny We CRe“y OOTE WE PACERS US" CS BES ease: LaSeeea
Gf hy wisery venice TESS OS USGL IS TEE Eing Wieposel Tel oies,
. o 7 *

tie oe a teed
Yea .

So} Stonera tire eer bates eS EL TE TRS" AS- ES REUSE OF SESIe
“” te-aetotenee pemeweray / -

Og, Rover nose rtm ale"o Be ee eO-aOE" aA At Mee
pe Seer Lea ON ee AINETE HSS BE CBCGT ER TH TET a :
(oa, Steirweyutrenonce er mar somued yates eS ble eewe SF oe bere

“Be Comply ‘with the measonable rezutrenants of the Reghotel Five afacy Officer,

  

‘ ‘ 2 . ¢

 

 

 

- 2, the approval given hevein ig for Toon plas Consank only ind dees not imply

 

» elthoy the desu: of « building pornit ox Coun consent to an application
~ under tha Group Titles Ret or Duileing Unie Ttlew Act, : oot

 

WL. This soprove) 1 Exot availed ef within tue 42) voars in
. acgerlance wlth ofa (2) af Part EE of Counctt iiyehawg Chepter XEDY «
prs Pom Planning, a of Loe . Lo .

 

     

22, BR certificate af alignoant to be submittod wath “he application tar a building
“ permit and/or an ida ication survey to ke earring ant by af aubhorisad
Surveyor at the tim: of the foudation inspoction, . .
13. To lonsure compliesioe with aby and ald conditions of this appraval, Codnaiz
? » WERE vequive that you ent into @ Bank Bend to Guarentee performance.

 

 

She value of such bemd would Se dete Wid nend to be hoSsed prior
. to fseyo af a buflaing permit and any oosys incideatel thereto will, be the
appiicant's responsibilicy, . ‘ ” 4

 

&

[34 the conditicns ef this consent ace to be easpleted prior to Recipancy ef tha ‘
5 building and ig this ie not done, Council roservis the rieht to gail on .
ar bend nares dndged to Cavey one the works invelved, .

 

    

   

Page 7

 

 

e LISANG DESIGN

[email protected]

PO BOX 2051 NOOSA HEADS 4567
MOBILE : 0438 874 555

 

PROPOSED WORKS TO UNIT 4

L | 3 PART ENCLOSURE EXISTING BALCONY (81)
eve ALL MEASUREMENTS TO BE CONFIRMED ON SITE
1: 100

/

 

 

L 8115 4570 4800
| 1770 2690 Hl 1

 

 

 

 

 

Ql {1.4500 STACKING GLASS ok
: x

 
 
  

 

 

 

 

 

 

 

 

 

 

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LIFT LIVING 2 a
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or ¥ onsultant
UNIT 4 ° Address

 

 

 

 

 

 

 

 

 

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Address
| sw Phone
— Fax

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

r KITCHEN “F . e-mail
8 GUEST STUDY STAs g 8 3
° oO] Pl es No. Description
ae becaoo tome? Tad rll > a a Revision 1
|875) 4200 | { 2105
at op
| 6085 LI 1830 LI 5715 i 1418 |
1 71 A471 1 4
CLARE DUNLOP
RIVERGUMS UNIT 1/4
RUSSELL ST
NOOSAVILLE
UNIT 4 DA
NOOSA COUNCIL Project number #2
APPROVED PLAN Date 26/9/2017
51901.3589.03 1 DEC 2017 Drawn by .
Checked by Ls
A103
Scale 1:100

 

 

 

 

 

 

26/09/2017 11:51:33 AM

 

cument Set ID: 20464884

 

Page 8

 

Level 3
1) 1:100

 

PART ENCLOSURE EXISTING BALCONY (8m’) |

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOOSA COUNCIL
APPROVED PLAN
§1901.3589.03 1 DEC 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
  

   

 

 

 

 

 

 

 

 

 

 

|| 1830 | 5715

6115 y 4570 | 4800 |
1770 2690 {| | /
fe [1.4500 STACKING cuss ooh
MASTER
| GLASS LOUVERS.
o | TOMATCHEXISTING ©
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oO sR —\—
LIFT LIVING ° a
Ne — WELL ® 1S
yo | to
N q NW
Ww
o* ir UNIT 4 °
8) te LEV 3
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ce
= | KITCHEN of
GUEST STUDY : | 2
3 STAIRS Z)/ 8B) 8
© S| oO] &
875 4200 2105
upp te
6085

| 1415 |

 

 

 

 

LISANG DESIGN

[email protected]

PO BOX 2051 NOOSA HEADS 4567
MOBILE : 0438 874 555

 

PROPOSED WORKS TO UNIT 4

ALL MEASUREMENTS TO BE CONFIRMED ON SITE

 

 

 

Consultant
Address
Address
Phone
Fax

e-mail

 

 

No. Description

Revision 1

 

 

CLARE DUNLOP
RIVERGUMS UNIT 1/4

 

 

 

 

 

 

 

 

 

RUSSELL ST
NOOSAVILLE
UNIT 4 DA
Project number | #2
Date 26/9/2017
Drawn by *
Checked by LS
A103

Scale 1: 100

 

 

 

 

26/09/2017 11:51:33 AM