Negotiated Decision Notice REC18/0022

Officer:	Patrick Murphy
Direct Telephone:	07 5329 6436
Our Reference:	REC17/0022
Your Reference:	n/a

20 February 2018

Altum Properties No 4 Pty Ltd TTE
C/- JFP Urban Consultants Pty Ltd
PO Box 6
MAROOCHYDORE  QLD  4558

[email protected]

Dear Sir/Madam

Negotiated Decision Notice
Sustainable Planning Act 2009
I refer to your application and the representations you made in respect to the decision notice. On 16 February 2018 Council decided your representations.
Details of the decision are as follows:
application details
Application No:	REC17/0022
Street Address:	75 and 105 Resort Drive NOOSA HEADS
Real Property Description:	Lot 6 SP 178340 Lot 7 SP 178340
Planning Scheme:	The Noosa Plan (28 October 2016)
Decision details
Council on 3 November 2017 decided to issue the following type of approval:
Development Permit to Reconfigure a Lot - Layered CTS (26 Lots) & Access Easement
In relation to representations, Council on 16 February 2018 decided to:
A.	Approve a change to Condition 2.
Relevant period of approval
The relevant period for this development approval is 4 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Development Approval, and Development Approvals MCU15/0109 and 132005.1133.06 and any subsequent approved changes, and any associated operational works approvals, as relevant to each particular stage must be completed and accepted by Council prior to the submission of the subdivision plan to Council for sealing for the relevant stage.
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
M2652      02	H	Balance Lot Creation Through Multiple BFP Phasing  Altum Constructions Parkridge Noosa CTS, Noosa Heads, prepared by JFP Urban Consultants	20 November 2017
Lot numbering on the subdivision plans to be submitted to Council for endorsement must contain a consistent balance lot numbering convention, with any balance lot created as a consequence of a Building Format Registration to be labelled lot 8000.
The common resort facilities approved under Development Approval 132005.1133.06 and referred to in condition 4 must be completed and operational before the construction of the 64th Unit on Lot 7 SP 178340.
The requirements of the Bushfire Management Plan, approved under Development Approvals MCU15/0109 and 132005.1133.06 must be completed and operational, to the reasonable satisfaction of Council, prior to sealing of the survey plan for first stage.
The requirements of the Stormwater Management Plan, approved under Development Approvals MCU15/0109 and 132005.1133.06, as relevant to the particular stage, must be completed and operational, to the reasonable satisfaction of Council, prior to sealing of the survey plan for each stage.
The 2 metre wide path as required by condition 14 of Development Approval 152002.220450.5 must be completed to the reasonable satisfaction of Council, prior sealing of the survey plan for the first stage.
Subdivision Staging
The development may be staged in accordance with the stage boundaries shown on the Approved Plans though if staged, the development need not be completed sequentially in the stage order indicated on the Approved Plans.
Prior to sealing for each stage all conditions of this Development Approval, and Development Approvals MCU15/0109 and 132005.1133.06 and any subsequent approved changes, and any associated operational works approvals, as relevant to each particular stage must be completed and accepted by Council.  For completeness this includes at a minimum completing the following works to the reasonable satisfaction of Council prior to sealing of the plan of survey for each stage:
Any road access and infrastructure services required to service the particular stage are constructed with that stage.
All landscaping works required for the particular stage are completed.
All car parking required for the particular stage are completed.
All stability requirements for the particular stage are completed.
Final building certification is provided for each building for the particular stage.
Compliance with maximum building height for each building for the particular stage is provided from a licensed surveyor
Payment of Infrastructure Contributions and Charges for the particular stage.
All future dwellings on the approved lots must be sited and constructed in accordance with the Approved Plans related to Development Approvals MCU15/0109 and 132005.1133.06 and any subsequent approved changes.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to each lot in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to each lot.
Bio Retention Basins
Prior to the sealing of the plan of survey for the first stage a Schedule of Maintenance Costs for all activities undertaken to maintain the bio retention basins in accordance with the most current version of Healthy Waterways Bio Retention Basin Maintaining Vegetated Stormwater Assets Guidelines must be provided to Council. The schedule shall include records of actual costs of maintenance work undertaken.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the subdivision plan to Council for endorsement.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice and, in particular, must include the following additional clauses:
Compliance with the Bushfire Management Plan approved by Development Approvals MCU15/0109 and 132005.1133.06, including approved future amendments.
Compliance with the Stormwater Management Plan approved by Development Approvals MCU15/0109 and 132005.1133.06, including approved future amendments.
Compliance with landscaping works approved by Development Approvals MCU15/0109 and 132005.1133.06, including approved future amendments and associated Operational Works approval for the site.
Landscaping
Prior to the sealing of the plan of survey for the first stage an overall landscape concept plan must be submitted which complies with the requirements of Development Approvals MCU15/0109 and 132005.1133.06 and any subsequent approved changes.
Sunset Clause for Completion of Approved Development
Pursuant to s342 of the Sustainable Planning Act 2009, the uncompleted aspects of this development approval lapses if the subdivision plan for the last stage of the development has not been registered by the relevant titles authority by 15 December 2026.
referral agencies
Not Applicable
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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 (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 on 07 3247 6212 to discuss any obligations under the ACH Act.
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.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Not Applicable
self assessable codes
Not Applicable
submissions
Not Applicable
reasons/grounds for approval
Not Applicable
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

Yours faithfully

Patrick Murphy
Coordinator Planning

Enc:	Approved Plans/Documents
Appeal Rights

cc	Unitywater

	List of Submitters SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

Only Properly Made Submissions are to be included in this notice (s335 (1) (l))

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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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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