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Decision Notice - Approved by Delegation of Authority DBW24 0090 · DBW24/0090
Officer: Cameron Smith
Direct Telephone: 07 53296178
Our Reference: DBW24/0090 & RAP24/0025
Your Reference: n/a
29 August 2024
RA Stead
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY QLD 4563
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 27 August 2024, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: DBW24/0090
Street address: 26 Attunga Hts Noosa Heads
Real property description: Lot 14 RP 89506
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 - Dwelling
House (Cut/Fill & Slope)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use of the building commencing, and then compliance maintained at all times while the
use continues.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Currency Period
2. This development approval lapses if the works have not substantially started by 27 August
2026, unless an application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
AJH43_WD-B 3/14 B Site Plan, prepared by alexjhobbs design & 14 May 2024
drafting
Annotated by Council
AJH43_WD-B 5/14 B Ground Floor, prepared by alexjhobbs 14 May 2024
design & drafting
AJH43_WD-B 6/14 B Subfloor, prepared by alexjhobbs design & 14 May 2024
drafting
AJH43_WD-B 8/14 B Elevations East and West, prepared by 14 May 2024
alexjhobbs design & drafting
AJH43_WD-B 9/14 B Elevations North and South, prepared by 14 May 2024
alexjhobbs design & drafting
AJH43_WD-B 10/14 B Section through internal staircase, prepared 14 May 2024
by alexjhobbs design & drafting
AJH43_WD-B 11/14 B Section through E to W, prepared by 14 May 2024
alexjhobbs design & drafting
AJH43_WD-B 12/14 B Section through New Wing, prepared by 14 May 2024
alexjhobbs design & drafting
Building Height
4. The maximum height of the development must not exceed 8.0 metres above the ground level
including where excavation is undertaken the exposed portion of the external façade of the
building.
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.
Car Parking
6. A minimum of 2 covered car parking spaces must be provided on site and made available
and accessible at all times for residents.
Lighting Amenity
7. No flood lighting must be used on site. Any vertical illumination resulting from direct, reflected
or other incidental external lighting emanating from the site must not exceed 8 lux when
measured at any point 1.5 metres outside the boundary and at any level from ground level
upward.
Environment
8. Sediment or any other material including building materials or waste products must not be
deposited or released into the road reserve, stormwater drain or adjacent properties.
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Landscaping Works
9. A minimum of 20% of the site must be retained as soft landscaping.
10. Existing trees on the site must be retained, except where required to be removed to
accommodate the approved dwelling. In this regard, the removal of vegetation must not
extend beyond works shown on the approved plans.
11. Existing vegetation in the road reserve must be retained, unless written authorisation from
Council is granted for the clearing.
12. Trees to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape
a. installing protective fencing around the drip line of the vegetation
b. restricting stockpiling, storage and vehicle parking to those areas which are already
cleared
c. using low impact construction techniques around vegetation.
13. All landscape works must be established and maintained for the life of the development, and
in a manner that ensures healthy, sustained and vigorous plant growth. All plant material
must be allowed to grow to full form and be refurbished when its life expectancy is reached.
Earthworks
14. All earthworks and associated retaining structures/batters, both above and below ground,
both temporary and permanent, must be contained entirely within the subject site unless
written permission form 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.
15. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height.
All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with
a commercial grade safety fence.
Site Access and Driveways
16. A sealed access driveway must be provided from Attunga Heights to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval, be generally in accordance with Alexjhobbs’ Site Plan
(AJH43_WD-B, Rev. B) and must include a driveway crossover in accordance Council’s
standard drawings (RS-049, RS-050 and any associated addendum).
Stormwater Drainage
17. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge or be disposed of on-site without causing scour or damage to the subject site or
any adjoining properties.
Easements
18. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
19. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
20. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
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Damage to Services and Assets
21. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. 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.
Geotechnical Stability
22. All works must be carried out in accordance with the recommendations contained in section
4 of Tectonic’s Geotechnical Investigation Report (20248-001-Rev0) dated 3 September
2020.
5. REFERENCE DOCUMENTS
Doc No. Rev. Document Name Date
20248-001- - Geotechnical Investigation for Proposed Extension 3 September 2020
Rev0 to a Residence
Prepared by Tectonic
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
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
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c. the Disability (Access to Premises – Buildings) Standards.
Infrastructure Charges
3. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue.
Property Driveway and Vehicle Crossover
4. The planning scheme declares for the construction of a driveway and vehicle crossover to
the property to be Accepted Development subject to meeting the requirements of the Low
Density Housing Code. If the proposed driveway and vehicle crossover does not comply with
each Acceptable Outcomes contained in the Code, a Development Permit for Operational
Work is required to be obtained from Council.
*http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
Sustainability
5. Council encourages sustainable and energy efficient building design for all development,
including the use of sustainable building materials, energy efficient fittings, solar hot water,
photovoltaic systems (including the use of inverter/charges), solar panels, water saving
devices and rainwater harvesting.
Fires in Urban Areas
6. 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
ENGINEERING
7. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work.
11. SUBMISSIONS
Not applicable.
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
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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 on line 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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