Minor Change Existing Approval MCU14 0084.03 · MCU14/0084.03

Officer: 	Patrick Murphy
Direct Telephone: 	61753296436
Our Reference:	MCU14/0084.03 : JELDER
Your Reference:	01550
6 March 2018
Universal Property Company Establishment
C/- Martoo Consulting
PO Box 1684
NOOSA HEADS  QLD  4567
[email protected]
Dear Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 13 September 2017, 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:	MCU14/0084.03
Street address:	71 Seaview Terrace Sunshine Beach Qld 4567
Real property description:	Lot 1 RP 197117
Planning Scheme:	The Noosa Plan (3 July 2017)
Decision details
Council on 12 March 2015 decided to issue the following type of approval:
Application No.	Type of Development
MCU14/0084	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 5 March 2018, decided to approve the requested changes. The changes are detailed below.
Application No.	Type of Development
MCU14/0084.03	Minor Change to Development Approval
Approve a change to Condition 2.
Approve a change to Condition 9.

currency period of approval
The currency period for this development approval is 4 years starting the day that the original development approval MCU14/0084 took effect.
assessment manager conditions
PLANNING
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
NRA-81269-CD_0010	6	Site Plan, prepared by NRA Architects	27/02/2018
NRA-81269-CD_0300	5	RL+37250_Pool Plant, prepared by NRA Architects	27/02/2018
NRA-81269-CD_0310	7	RL+40800_Basement, prepared by NRA Architects	07/02/2018
NRA-81269-CD_0320	8	RL+45000_Level 01, prepared by NRA Architects	27/02/2018
NRA-81269-CD_0330	7	RL+49550_Level 02, prepared by NRA Architects	27/02/2018
NRA-81269-CD_0340	6	Roof Plan, prepared by NRA Architects	07/02/2018
NRA-81269-CD_0410	7	East Elevation, prepared by NRA Architects	07/02/2018
NRA-81269-CD_0420	7	North Elevation, prepared by NRA Architects	27/02/2018
NRA-81269-CD_0440	6	South & South East Elevations, prepared by NRA Architects	07/02/2018
NRA-81269-CD_0510	8	Sections, prepared by NRA Architects	07/02/2018
NRA-81269-CD_0520	5	Sections, prepared by NRA Architects	07/02/2018
NRA-81269-CD_1000	5	Overall axonometric view, prepared by NRA Architects	27/02/2018
NRA-81269-CD_1010	6	Eye_View From East, prepared by NRA Architects	27/02/2018
NRA-81269-CD_1020	6	Overall 3D_View From North_East, prepared by NRA Architects	27/02/2018
NRA-81269-CD_1030	6	Overall 3D_View From South, prepared by NRA Architects	27/02/2018
NRA-81269-CD_1040	6	Overall 3D_View From West, prepared by NRA Architects	27/02/2018
NRA-81269-CD_1070	3	Overall 3D_View From North, prepared by NRA Architects	27/02/2018
Building Height
The maximum height of the development must not exceed 8 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 $40,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational 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.
Built Form
The proposal must incorporate a green roof as indicated on the approved plans.
Setbacks
Earth mounding for the green roof must not exceed 1m above the natural ground level within the southern boundary setback area.
The combined height of the block wall and the beam on top of the contiguous piles along the western boundary must not exceed 1m above the natural ground level.
The building must be setback 6m from the southern boundary, except for the fall prevention platform for the spa and  construction elements such as contiguous piling and the ‘dry zone’ which must be setback a minimum of 1.5m at the light court. The contiguous piling and the ‘dry zone’ to the east and west of the light court must be setback in accordance with the approved plans.
Landscaping
All landscaping works must be undertaken in accordance with an Operational Works approval and Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. A landscape plan prepared by a suitably qualified person must be submitted and include in particular:
further detail on the ‘green roof’ specific for the development
area of the roof that is proposed ‘green’ and areas that are proposed off form concrete
species list and density of plantings
incorporation of screening plants along the southern boundary adjacent to the light court and stairs
Existing trees on 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 3m of the building footprint.
No clearing is permitted within the Open Space Conservation zone.
All trees being retained and the Open Space Conservation zone must be protected from clearing or construction activities by:
clearly delineating the Open Space Conservation zone boundary with protective fencing
clearly marking vegetation to be retained 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.
Coastal Protection
External colours and finishes of the building must comprise muted/environmental tones that blend with the natural environment.
Vehicle Access
The construction and associated activities (deliveries, parking, etc.) must not impede the legal use of the access handle by any benefitted property or person.
Construction
A Condition Survey must be carried out on adjoining buildings, structures and services prior to any demolition, excavation or construction works taking place on site.  If distress already exists, a photographic survey should be undertaken, the distress measured and a plan to monitor changes to distress must be implemented. Copies of these surveys must be submitted to Council for its records.
A Construction Management Plan for the development must be submitted to and approved by Council at least 5 working days prior to the commencement of any Building works or at least 5 working days prior to the pre-start meeting for Operational Works.  The Construction Management Plan shall include but not be limited to:
site working hours
communication and consultation processes with surrounding premises.
control and suppression of –
noise
vibration;
dust;
odours and exhausts control; and
site working hours
employee and contractor induction and education processes.
A Traffic Management Plan for each separate construction phase of the development must be submitted to and approved by Council at least 5 working days prior to the commencement of any works or at least 5 working days prior to the pre-start meeting for Operational Works.  The Traffic Management Plan must include but not be limited to:
limiting the routes for the heavy vehicles to the major road network and define the route to the site
indicate provision for on-site and off-site parking and shuttle buses (if required) for the required workforce
indicate the location of loading and unloading areas within the site
indicate the location of any “holding” areas for heavy vehicles
operating hours.
Construction staff must not park within Seaview Terrace, the Council carpark in Seaview Terrace, McAnally Drive or any other surrounding street.  Parking must either be on site or at a suitable off-site location serviced via a shuttle bus.  Details must be included in the Traffic Management Plans for the site.
Earthworks
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.
The use of vibratory equipment of any kind is not permitted to be used (including vibrating rollers and the use of vibrating installation techniques for sheet piling and other construction vibrations caused by excavating, earthmoving or demolition machinery or other similar construction techniques) unless approved and supervised by a Certified Geotechnical Engineer.  Under such circumstances the operator of such equipment must at all times comply with the directions of the Geotechnical Engineer.
The 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 respect, 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.
Site Stability
The design and construction of the development must be carried out generally in accordance with the Geotechnical Study prepared by Morrison Geotechnic Job: DE14/231 dated October 2014 and the “Structural Design Concept” Job No14517 Issue B prepared by TOD Noosa dated 29 July 2014. The documents must be revised to include the following:
a contingency plan and alternative design should the piled footing system as designed not be achievable due to unsafe working conditions or unexpected ground conditions
the document must be submitted to Council at the time of Operational Works approval.
Should the recommendations of the geotechnical report or contingency plan require any part of the works (including excavation, retaining structures, tie backs, etc.) to be temporarily or permanently constructed within any adjoining property, a letter of authority from the adjoining property owner(s) must be obtained prior to the issue of the building permit.
A suitably qualified and accredited consultant must undertake a detailed check to establish that a stable working platform has been constructed in accordance with the design prior to the use of heavy equipment or plant likely to cause vibrations on the site. Certification of the works to this stage must be provided to Council.
A suitably qualified and accredited consultant must undertake a detailed check to establish that the screw pile and CFA piles have been installed in accordance with the design and that the required pile capacities have been achieved. Certification of the pile systems must be provided to Council.
At the completion of the development a suitably qualified and accredited consultant must provide certification to Council that states that:
the development has been undertaken in accordance with the design
the development will not have any long term effects on the stability of the subject site or any adjoining properties
the site has a minimum factor of safety against landslip of 1.5.
Stormwater
A detailed stormwater drainage design prepared and certified by an RPEQ must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
the development must not cause an increase in the volume and velocity of waters discharged into the existing gully at the north of the house site in a Q2 (0.393AEP), Q5 (0.181AEP), Q10(0.095AEP), Q50 (0.020AEP)and Q100 (0.010AEP) rainfall event
all stormwater collected and outlet from the development (including the external catchment and driveway areas) must be outlet below the level of 26m AHD
stormwater outlets must not have potential to create concentrated flow paths or generate flows sufficient to erode or scour the loose surface sands
all stormwater outlet locations must include energy dissipaters designed in accordance with QDUM in conjunction with level spreaders constructed parallel to the contour to facilitate dispersed sheet to  disperse flows across the site to pre development velocities in a Q2 (0.393AEP), Q5 (0.181AEP), Q10 (0.095AEP), Q50 (0.020AEP) and Q100 (0.010AEP) rainfall event at the location where waters discharge from the level spreaders
include detail design which demonstrates that drain outlets do not have any realistic potential to create concentrated flow paths or generate flows sufficient to erode or scour the loose surface sands
stormwater infiltration pits are prohibited
excavation/filling for stormwater infrastructure within the Open Space Conservation zone must:
be undertaken by hand and not by mechanical means
be aligned  and located to avoid disturbance to existing vegetation
the exact alignment of infrastructure must be determined onsite with a Council delegate
include Erosion and Sediment Control measures in accordance with industry best practice (IECCA and the Manual for Erosion and Sediment Control Volume 1.2 by Sunshine Coast Regional Council) to demonstrate that erosion is unlikely to occur during the construction phase of the development
Until such time all construction, landscaping and building works are complete and the site is effectively stabilised, construction and vegetation clearing activities must be managed such that appropriate emergency stabilization measures are retained on the site and implemented prior to rainfall to prevent erosion.
Pool water overflow must be discharged to sewer.
All site fencing must be installed and maintained to facilitate natural overland flows. Fencing must not cause collection and concentration of stormwater flows.
General
Any damage caused to any public utility during the course of construction must be repaired to council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site must be at no cost to Council.
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.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DSDIP Mike Ahern Government Building 12 First Avenue MAROOCHYDORE  QLD  4558 Online: Mydas (at www.dsdip.qld.gov.au) Email:[email protected]	Residential Use Greater than 1000m² in a Coastal Management District	The agency provided its response on 30 January 2015 (Reference No. SDA-1114-015945.  A copy of the response is attached.
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
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.  QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately.  Significant savings in application fees will result if all works are lodged in a single application.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
Equitable Access and Facilities
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:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
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 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 Co-ordination Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required
Development Permit for Operational Works.
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.

Your faithfully,

Patrick Murphy
Coordinator Planning

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater
[email protected]

	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]	
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ee) NOOSA COUNCIL