Minor Change Existing Approval 51985.3785.05

Officer: 			Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:		51985.3785.05
Your Reference:	18002
28 March 2018
I Finlay
C/- Adamson Town Planning
PO Box 78
PEREGIAN BEACH  QLD  4573
[email protected]
Dear Sir
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 6 March 2018, requesting a minor change to an existing development approval. Council decided your requested changes on 26 March 2018.
Details of the decision are as follows:
APPLICATION details
Application No:	51985.3785.05
Street address:	Noosa Quays 17/4 Quamby Pl Noosa Heads Qld 4567
Real property description:	Lot 17 BUP 9869
Planning Scheme:	The Noosa Plan (3 July 2017)
Decision details
Council on 22 December 1988 decided to issue the following type of approval:
Application No.	Type of Development
TPC 1724	Multiple Dwelling 23 Units
In relation to the request to make a minor change to the existing approval, Council on 13 May 2008, decided to approve the requested changes. The changes are detailed below.
Application No.	Type of Development
51985.3785.02	Changes to Conditions and Plans – Landscaping & Building Works
Refer to conditions below.
In relation to the request to make a minor change to the existing approval, Council on 12 March 2009, decided to approve the requested changes. The changes are detailed below.
Application No.	Type of Development
51985.3785.03	Change to Development Approval - Closure of the Balcony
Refer to conditions below.
In relation to the request to make a minor change to the existing approval, Council on 2 September 2010, decided to approve the requested changes. The changes are detailed below
Application No.	Type of Development
51985.3785.04	Change to Development Approval
Refer to conditions below.
In relation to the request to make a minor change to the existing approval, Council on 26 March 2018, decided to approve the requested changes. The changes are detailed below.
Application No.	Type of Development
51985.3785.05	Minor Change to Development Approval
A.	Include additional conditions – Refer to condition below.
currency period of approval
The currency period for this development approval is 4 years starting the day that the original development approval (TPC 1724.) took effect.
assessment manager conditions
Submission to and approval by Council of building plans in accordance with the Building Act, Council's By-laws and Policies, and generally in accordance with Plans DA-01A and DA-02 to 06 drawn by Devine, Erby and Mazlin, Architects approved in this Consent and the Shire of Noosa Town Planning Scheme apart from where amendments are required or dispensations have been granted in conjunction with this Consent.
The plans submitted for Building Approval are to comply with  the following requirements:-
Balconies fronting the river are not to be  closed.
Provision of at least twenty-nine (29) off-street car parking spaces, comprising 28 covered spaces and 1 uncovered space, and access thereto which are to be provided with a sealed pavement and designed, drained, constructed and maintained in accordance with the Town Planning Scheme, Council's Policies and to the reasonable satisfaction of the Shire Engineer. Plans and specifications for these works are to be submitted to the Shire Engineer for approval in conjunction with the Building Application. Note that car park 14 is not approved and that there are two spaces numbered  27.
There is to be no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The open space and setback areas are to be landscaped in accordance with the Noosa Design Manual and a properly prepared landscaping plan to be submitted to and approved by the Shire Planner, prior to the issue of a Building Approval. Such landscaping is to be completed in accordance with the approved landscaping plan, prior to the premises being occupied and maintained at all times thereafter to the reasonable satisfaction of the Shire Planner.
Construction work is permitted only during the hours of 7.00 a.m. to 6.00 p.m. Monday to Saturday and no construction work is permitted on public holidays, except where extended hours are approved by the Building Surveyor.
Any advertising sign or device is to comply with the provisions of the Noosa Design Manual.
Payment of contributions in accordance with Council's Policy on water Supply and Sewerage Headworks, current at the time of Building Approval. If payment is not proposed to be made prior to the issue of Building Approval, a cash bond or trading bank guarantee for the required amount is to be lodged prior to the release of that Approval.  The contribution is then required to be made within fourteen (14) days of the issue of Building Approval.
The footpath across the frontage of the site is  to be upgraded by the provision of a 1.2 metres wide concrete footpath, which is  to be generally located 0.9 metres from the property alignment in conjunction with general upgrading involving the fanning, grassing and topsoiling to the satisfaction of the Shire Engineer.
The developer shall bear the cost of alteration of any public utility or facilities necessitated by the development of the land or associated construction works external to the site. Connection to Council's existing water supply and sewerage reticulation systems at the developer's expense to the standards and requirements of Council's Shire  Engineer.
Floor levels for all buildings and other structures, car park areas and fill levels for the site are to be in accordance with the requirements of the Shire Engineer. Such levels shall be provided on application to the Council's Engineering Department. Any filling or other development works undertaken on the site shall be carried out so as not to cause the ponding of water on any adjoining lands and the blockage or interference with any natural watercourses. No earthworks or filling works are to be undertaken until issue of a Building Approval.
Roof and surface water is to be collected on site and to be discharged through a single underground drain line into existing drainage in Quamby Place to the satisfaction of the Shire Engineer.
The tennis court, general landscaping, roadworks, rotunda and barbeque to be carried out in Quamby Place and Council’s park shall be undertaken in accordance with the requirements of the Shire Engineer. The tennis court should be a minimum of 15 metres from any adjoining properties.
\
\A boardwalk shall be constructed across the frontage of the park in Quamby Place and extending to provide a link with the park to the south-west in Noosa Parade to the standards of construction as required by the Shire Engineer.
Provision of approved refuse containers in accordance with the requirements of the Refuse Management Regulations of 1983 for the storage and collection of refuse to the satisfaction of Council's Health surveyor.
Provision of refuse chutes, in accordance with Council's Policy for the storage of refuse in bulk containers. Loading areas are to be located off street to the satisfaction of Council's Shire Engineer and Health Surveyor.
Provide an imperviously paved area to the satisfaction of the Local Authority upon which to stand all refuse containers with a suitable enclosure, if required, to enclose the refuse container area to the satisfaction of the Health Surveyor.
Provision of an imperviously paved, drained and enclosed area to accommodate all refuse containers to the reasonable satisfaction of Council's Health Surveyor. This area is to be aesthetically screened from any road frontage or adjoining property boundary and is to be setback a distance of two (2) metres from any road frontage. A suitable hosecock and hoses to be located in the vicinity of the refuse container area.
Any flat or unit intended to be let out for free or reward is to be licenced annually with Council’s Health Department in accordance with the provisions prior to such letting.
The swimming pool shall be licensed annually with the Council's Health Department in accordance with the provisions of Chapter 42 of Council's By-Laws.
Should S.E.Q.E.B. require provision of a transformer, such provision is to be made to the satisfaction of S.E.Q.E.B. and the Shire Planner. The transformer is not to be located within landscaping areas unless approved by the Shire Planner.
An identification 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 by Council's Building Surveyor or immediately thereafter. Such survey shall set out the boundaries of the site and the position of the buildings on the site.
The provisions of this Town Planning Consent are to be effected, prior to the commencement of the specific use granted under this Consent Council reserves the right to call upon the bond or guaranteed sum referred to in this approval for the purposes of litigation should the use not be conducted in accordance with this Approval.
Submission of a cash bond or trading bank guarantee to the sum of $50,000 to secure performance of conditions, prior to the issue of Building Approval.  The cash bond or trading bank guarantee may be returned to the developer upon performance of the conditions of approval.
This Consent may be revoked pursuant to Section 33 (16D) of the Local Government Act if substantial progress has not been made in the erection of any building or other structures in accordance with this Consent or the rights conferred by this Consent are not exercised in accordance with this Consent within two (2) years of the date thereof.
The existing rock seawall at the river frontage of the site shall be upgraded to the original design profile at the full cost of the developer to the requirements of the Shire Engineer and the Beach Protection Authority.
The developer shall arrange for the Body Corporate By-laws to include a responsibility clause for the maintenance of such wall to the requirements of the Shire Engineer.
Conditions relating to 51985.3785.02 – Change to existing approval
Development undertaken in accordance with this approval must generally comply with Council’s Policy on Landscaping Guidelines and the approved Plans of Development. The approved plans are numbered 519-L-02 (Rev A) dated 2 July 2007 and 519-L-04 (Rev B) and 519-L-05 (Rev B) dated 19 February 2008 prepared by Butler and Webb Pty Ltd (in relation to the landscaping and frontage works) and 0514.01.A and 0514.02.A dated July 2005 prepared by Kidd & Co. Designers (in relation to the new covered walkway and porte cochere structures) and as may be amended by these conditions and annotations made on the plans.
The entrance path works indicated outside the front property boundary of the site shall be deleted.
The new port cochere indicated on the architectural plans shall be set back a minimum of 4.5m from the front property boundary.
Details (including photographs) of the ex-ground Pandanus species shall be provided for the approval of the Manager of Land Use a minimum of 7 days prior to their purchase and planting on the site.
All manholes, inspection pits and grates are to be raised to finished surface levels and kept free of cover and be visible at all times to ensure prompt access in case of emergency.
The landscape construction is to be implemented in accordance with the amended approved plans, planting schedule and horticultural industry best practices.
All trees must be planted a minimum of 1 metre from all services.
The density of planting must achieve the set out requirements as detailed on the approved landscape plan.
The applicant must ensure that all landscaping treatment does not unduly restrict/prevent access to service meters within the site.
Conditions relating to 51985.3785.03 – Changes to existing approval – Roof Extension
Development undertaken in accordance with this approval must generally comply with the approved Plans of Development. The approved plans are REF. No. 1008S Sheet 2 of 3 and REF. No. 1008S Sheet 3 of 3 prepared by Adrian Baker Computer Drafting and dated 6 October 2008.
No portion of the proposed roof additions shall extend above the height of the existing roofline or beyond the line of the balcony floor slab below.
Conditions relating to 51985.3785.04 – Changes to existing approval – Extension & Alterations to Manager’s Residence
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 below:-
Plan No.	Rev	Plan / Prepared by	Date
Project No.1001 WD.102	P1	Site/ Roof Plan prepared by Mojo Design Building Design	January 2010
Project No. 1001 WD.201	P1	Ground Level Floor Plan -Proposed prepared by Mojo Design Building Design	January 2010
Project No.1001 WD.503	P1	Elevations – Proposed Sheet 1 prepared by Mojo Design Building Design	January 2010
Project No.1001 WD.504	P1	Elevations – Proposed Sheet 2 prepared by Mojo Design Building Design	January 2010
Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.
Condition relating to 51985.3785.05 – Changes to existing approval – Enclose part of the existing Balcony on Unit 17
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 below:-
Plan No.	Plan / Prepared by	Date
KW-DA-002	Proposed Ground Floor Plan, Unit 17 Noosa Quays, prepared by LMF Contracting	n/a
No portion of the proposed roof additions shall extend beyond the height of the existing roof line or beyond the line of the balcony floor slab below.
referral agencies
Not Applicable
advisory notes
Not Applicable
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required
Development Permit for 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,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater

	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

[word/footer1.xml]
Page 7 of 7

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 7

[word/footer3.xml]
Page 2 of 3

[word/header2.xml]
3