Minor Change Existing Approval 131999.982717.1

Officer: 	Tara Norley
Direct Telephone: 	07 53296486
Our Reference:	131999.982717.1
Your Reference:	n/a
28 November 2019
Pure Building Approvals
PO Box 1632
BUDERIM QLD
[email protected]
Dear Sir/Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 7 August 2019, requesting a minor change to an existing development approval. Council 26 November 2019, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	131999.982717.1
Street address:	Noosa Dunes 1/512 David Low Way, Castaways Beach Qld 4567
Real property description:	Lot 1 on SP111721
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 22 June 1999
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 26 November 2019, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend Condition 18
currency period of approval
The currency period for this development approval is stated in the conditions below.

assessment manager conditions
Building
The plans submitted for a Development Permit for building works are to comply with the approved plans
Construction work and other associated activities are permitted only during the hours of 7.00 a.m. to 6.00 p.m. Monday to Saturday. No work is permitted on public holidays, except where extended hours are approved by the Manager of Building.
A survey of the subject site is to be carried out by a Licensed Surveyor and is to be submitted to Council at the time of foundation inspection or immediately thereafter. Such survey shall set out the position of the buildings on the site with respect to the building envelope designated by the Plan of Development.
A contour survey of the subject site is to be carried out by a Licensed Surveyor and is to be submitted to Council at the time of application for building approval. Such survey shall set out the natural surface levels of the site and the position of buildings on the site.
A verification survey is to be undertaken on the building by a Licensed Surveyor and a certificate lodged with Council at completion of the work confirming compliance with the maximum building height above natural surface, required by the provisions of the Town Planning Scheme and the approved Plan of Development.
The developer shall prepare at his expense, a geotechnical report and is to submit the report for appraisal by Council's nominated geotechnical consultant and for approval by the Manager of Building .The report is to be accompanied by a fee of $1200 to cover the reasonable assessment costs of the consultant and the Manager of Building. A Development Permit for building works must not issue until the report is approved and any relevant findings incorporated into the design of the building works to the satisfaction of the relevant assessment manager.
At least one off-street car park and sealed access thereto complying with AS2890 .1 - 1993 shall be provided.
The site, Lot 1 on SP 111721 was known to be in an area contaminated with unexploded ordnance. Any person acting on this permit shall exercise care when excavating.
As the site is located in a Sand Dune Problem area, soil tests shall be carried out over the site by a qualified Geotechnical Engineer. The results of such tests shall be used by a qualified Structural Engineer to design any soil retaining system to be employed during construction work, and to design an appropriate footing system for the proposed dwelling house.
The retaining system and footing designs shall be submitted as part of the application for a Development Permit for Building Works
The proposed dwelling or any construction shall not encroach into any areas to be left "untouched" or to be revegetated, as outlined in the Plan of Development. Care shall be taken when excavating that earthworks batters do not extend into these areas nor extend over the boundary alignment at any other location.
All on site stormwater including roof water is to be disposed of onsite via a soakage pit. The soakage pit shall be designed by a qualified Hydraulic Engineer to cater for a Q100 storm, the details of which are to be submitted in conjunction with an application for a Development Permit for Building Works
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
Any person acting on this permit shall be responsible for the prevention of erosion and sediment export from the site.
Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be necessary
A $1,000 site control bond is required to be lodged prior to issue of a Development Permit for building work, to ensure compliance with this condition. It will be refunded following compliance with this condition and satisfactory completion of all works, less any costs incurred by Council in effecting compliance with the condition.
A Development Permit for Operational Works for stormwater and access shall be obtained prior to commencement of construction. Plans shall also indicate any proposed retaining structures.
Town Planning
Approved Plans 26 November 2019
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
Project No:18005 Drawing No: 200	C	Proposed Site Plan	29.09.19
Project No:18005 Drawing No: 201	B	Proposed GF Plan	12.04.19
Project No:18005 Drawing No: 201A	B	Proposed GF Plan Dimension Plan	12.04.19
Project No:18005 Drawing No: 202	C	Proposed Lev 1 Plan	29.09.19
Project No:18005 Drawing No: 202A	C	Proposed Lev 1 Plan Dimension Plan	29.09.19
Project No:18005 Drawing No: 204	C	Proposed Roof Plan	29.09.19
Project No:18005 Drawing No: 301	C	Proposed Elevations	29.09.19
Project No:18005 Drawing No: 400	C	Section	29.09.19
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.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use.
In addition to the $1000 bond referred to in Condition 16, the developer must submit security in the form of a cash bond or trading bank guarantee to the sum of $1000 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.
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
This Development Permit for a material change of use of premises lapses if:-
the use or erection of a building or other structure associated with the use, has not been commenced within four (4) years of the date of issue of the Development Permit, unless application is made and approved by Council for an extension; or
the use of any premises pursuant to the Development Permit ceases.
Prior to the commencement of development, the developer must obtain the following Development Permits:-
Development Permit for building works
referral agencies
Not Applicable
advisory notes
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All Building Works
submissions
Not Applicable
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

Tara Norley
Development Planner
Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater
DECISION NOTICE HISTORY
Original Decision Notice – 22 June 1999.
Decision Notice - Minor 131999.982717.01 – 26 November 2019 – Amend condition 18

	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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