Minor Change Existing Approval MCU19 0030.01

Officer: 	Tara Norley
Direct Telephone: 	07 53296486
Our Reference:	MCU19/0030.01
Your Reference:	2518
20 December 2019
Gympie Terrace Noosaville Pty Ltd
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir/Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 30 October 2019, requesting a minor change to an existing development approval. Council on 19 December 2019, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU19/0030.01
Street address:	217 & 219 Gympie Terrace Noosaville
Real property description:	Lot 1 RP 70165
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 15 August 2019
Development Permit for Material Change of Use of Premises – Multiple Housing – Type 4 Conventional (3 Units)
In relation to the request to make a minor change to the existing approval, Council on 19 December 2019, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Amend condition 2.
C.	Amend condition 17
D.	Include additional conditions 46 & 47
currency period of approval
The currency period for this development approval is stated in the conditions below.

assessment manager conditions
PLANNING
When Conditions must be Complied With
1.	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
2.	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
C1.0	N/A	Site Plan	16/05/19
C2.0	F	Basement	07/08/19
C3.1	F	Level 1	07/08/19
C3.2	D	Level 2	07/08/19
C5.0	N/A	Level 3	16/05/19
C6.0	F	Elevations	07/08/19
C6.1	F	Elevations	07/08/19
C7.0	N/A	Building Section – Terrace	07/08/19
C7.1	E	Building Section – Dining & Pool	07/08/19
C60.0	F	Pool Details – Level 1 (Ground)	07/08/19
C71.1	B	Stair Details (Fire Escape)	07/08/19
C71.2	N/A	Stair Details Perspective	07/08/19
C73.0	N/A	Pump House	07/08/19
28292-C1.1	A	Preliminary Driveway Plan, as amended and dated by SCG Consulting	17/04//2019
28292-OW5.2	A	Driveway Levels and Sections, prepared by SCG Consulting	17/04//2019
Currency Period
3.	The Currency Period for this development approval lapses if the use has not happened by 15 August 2025, unless an application to extend the currency period is approved by Council.
Building Height
4.	The maximum height of the development must not exceed 12 metres above the finished ground level and the natural ground level, except for the northern aspect of the skillion portions of the roof, which may be 12.48m as per the approved plans
5.	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
6.	Security in the form of a cash bond or trading bank guarantee to the sum of $20,000.00 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.
Building Appearance
7.	All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
8.	All terrace areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
Fencing and Walls
9.	Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
a.	not exceed a maximum height of 1.2m
b.	be of open construction.
10.	The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
11.	Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Waste Storage
12.	The development must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
13.	The waste management facilities should ensure recyclables bins are appropriately sited and accessible, and/or provided with their own waste shute, to ensure recyclable waste is not placed in the general waste shute.
14.	The site must be provided with a bin wash area with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet is to be designed to prevent storm water entry to the sewerage system which can be achieved by a bunded area, with a nib wall height of 100mm maximum, enclosing a wash area of 700mm x 700mm minimum (max 0.7m²).  Alternatively, the waste area can be roofed, or any other appropriate design approved by Council.
Protection of Privacy
15.	To ensure privacy is protected between adjoining properties, any windows located on the southern building face of Level 2 and Level 3 must either:
a.	have a minimum window sill height or 1.5 metres above floor level
b.	be fitted with translucent glazing
c.	be fitted with a fixed external screen
16.	The upper level terrace located on the southern building face of Level 2 and Level 3 must include either balcony planter boxes, balustrading or fixed external screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property.
Landscaping Works
17.	The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area. Landscaped planter boxes to extend along the length of the eastern and western façade of the building in accordance with Approved Plans MCU19/0030 Noosa Council 15 August 2019.
18.	All landscape works must be established and maintained in accordance with the approved design 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.
Retention of Existing Trees
19.	The existing Mango tree located at the rear of the site must be retained in accordance with an Arborist Report (or part thereof) prepared by a qualified person* and endorsed through an Operational Works approval. The report must address the mitigation of impacts from footings and other services within the tree protection zone, as defined by Australian Standard 4970-2009 Protection of trees on development sites.
*(Refer to Advisory Note)
Community Management Statement
20.	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 Building Format Plan (or similar) to Council for compliance assessment.
21.	All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
Land Amalgamation
22.	All properties the subject of the development must be amalgamated prior to the commencement of use.
Water & Sewer Connections
23.	An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
24.	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 the development site.
Engineering
External Frontage Works
25.	A new 2.0m wide concrete footpath must be provided within the road verge for the entire length of the frontage of the site.  The path must match with the existing grassed verge without causing a trip hazard. The works must be undertaken in accordance with an Operational Works approval and must include/address the following:
a.	Be in compliance with IPWEAQ standard drawing SEQ R-065 Concrete Pathway Construction Details.
b.	Be extended to smoothly tapered and join with the existing path along Gympie Terrace.
26.	The installation and/or modification of any traffic/parking signs, line marking and Raised Reflective Pavement Markings (RRPMs) must be in accordance with the Manual of Uniform Traffic Control Devices (MUTCD). New or relocated signage must be installed using the VLok installation system. All new signage must be Class 1 retroreflective material in accordance with AS 1906.1, Retroreflective materials and devices for road traffic control purposes – Part 1: Retroreflective sheeting.
The works must be carried out in accordance with an Operational Works approval and must include in particular:
a.	Adjustment and/or relocation of existing on-street parking spaces.
b.	Modification to the line marking for the existing bus stop in line with Council’s adopted Preferred Bus Stop Treatment plan.
Reinstatement Works
27.	All redundant driveways and kerb laybacks must be removed, and the kerb line and verge area reinstated and landscaped to match the existing kerb and/or verge treatments.  Grassed verge areas to be reinstated must be provided with 100mm topsoil and turf, and must be maintained by the developer until established. The works must be undertaken in accordance with an Operational Works approval.
28.	All redundant stormwater pipes and kerb outlets must be removed, and verge area reinstated and landscaped to match the verge treatments.
29.	Any badly damaged kerb and channel along the frontage of the site must be repaired to the reasonable satisfaction of Council’s representative.
Site Access and Driveways
30.	A sealed access driveway must be provided from Gympie Terrace to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a.	Driveway crossovers in accordance with IPWEAQ standard drawings R-049 and R-050 to grades prevent vehicles from scraping and/or bottoming whilst also allowing for compliant grades for the footpath and pedestrians movements along the footpath and the grassed verge without any step or trip hazard.
Car Parking
31.	Car parking and manoeuvring areas must be provided within the site generally as shown on the approved plans. The works must be undertaken in accordance with an Operational Works approval and must be in compliance with the provisions of AS/NZS 2890.1-2004 with allowance for standard vehicle to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
32.	All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Stormwater Drainage
33.	The site must be provided with a stormwater drainage system connecting to a lawful point/s of discharge. The works must be undertaken in accordance with an Operational Works approval in compliance with the relevant sections of Queensland Urban Drainage Manual and supported by a detailed stormwater drainage design prepared and certified by a suitably qualified and experienced Registered Professional Civil Engineer (RPEQ).
34.	The development of the site must not worsen existing drainage conditions on other properties by diverting stormwater runoff or cause additional stormwater ponding on any other property.
35.	Adequate overland flowpath/s and/or pipeline/s to convey stormwater runoff to ensure no worsening impacts are caused on other properties during major storm events (eg 1% AEP) due to the proposed development.
36.	Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Earthworks and Retaining Walls
37.	All earthworks and associated retaining works, including for the construction phase, must be carried out in compliance with an Operational Works Development Permit.
38.	A site-specific geotechnical investigation for the development must be prepared by a suitably qualified person* and submitted to Council prior to the issue of any Development Permit for Operational Works.
39.	All earthworks and associated batters/retaining walls must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
40.	All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments, Council’s codes and relevant government regulations and guidelines. Certification must be provided by an RPEQ and submitted to Council prior to the issue of the Certificate of Classification for the building.
41.	The development works, including earthworks and retaining works, must not adversely impact on the stability and the structural integrity of any other property or private or public structure. Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to submitting application for Operational Works.
42.	Earthworks and development works carried out on site must not affect the structural integrity of any of the existing fences or structures that border the site.  Fences that are affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification.
43.	A Construction Management Plan must be submitted to Council for endorsement prior to the issue of Operational Works permit and must specifically address the following:
a.	Traffic Management during all aspects of the construct phase including:
(i)	A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction commencing.
(ii)	Details on the haulage route (for excavated materials and/or imported fill) type of vehicle to be utilised and frequency of usage.
NOTE: any damage to the existing road system as a result of haulage operations must be fully repaired at the applicant’s expense
(iii)	Maintenance of safe pedestrian and cyclists access across the frontage of the site both during daily construction and after daily construction has ceased for all stages of development.
(iv)	Fencing to the site during the construction phase of the development.
(v)	Providing safe and adequate parking arrangements for all machinery and cars during construction phase without adversely impacting on the traffic flows, traffic safety and the availability of public parking spaces in the local streets.
b.	Effective procedures and measures to minimise adverse environmental impact on other properties and roads users including noise and dust emission.
c.	Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures.
d.	Works programme identifying key components of the works and their respective durations.
e.	Establishment of a communication and contact protocol with the neighboring owners and relevant parties, to advise of construction times, impacts on traffic and services and other relevant issues.
Telecommunication and Public Services
44.	Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
45.	Upon completion, certification must be submitted to Council from all relevant service providers which certifies that the development has met all applicable requirements and legislations at the time of construction.
Fire Pump
46. 	The diesel fire pump housing is to be of a muted tone, with signage of a contrasting colour and easily distinguishable.
Meter Assembly
47.	The outlet side of the meter assembly located in the north western corner of the lot must be setback 2 metres from the northern boundary
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:
PLANNING
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.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit dated 15 August 2019 will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.

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
Qualified Person
For the purpose of preparing an Arborist Report, a qualified person is considered to be a person with either:
ISA certification; or
a Diploma of Arboriculture in addition to a minimum of 3 years current experience in the field of arboriculture.
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.
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.
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
Operational Work	Roadworks, Access works, Stormwater, Drainage works, Earthworks and Landscaping
submissions
There were 3 properly made submissions about the application. In accordance with the Planning Act 2016, the name, address and electronic address of the principal submitter for each properly made submission is provided and attached.

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,
Kerri Coyle
Manager Development Assessment

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice – MCU19/0030 – 15 August 2019
Decision Notice – Minor Change  – MCU19/0030.01 – 19 December 2019 –  with an amendment to conditions 2 & 17, additional conditions 46 & 47

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017

Ann Callander	21 Kingston Street East Malvern VIC 3145 [email protected]
Carols & Flavia Vanselow & Mathew & Tanya Grut	7 Elizabeth Street NOOSAVILLE QLD 4566 [email protected]
Body Corporate Regatta Noosa C/- RG Strategic	225 Gympie Tce Noosaville QLD 4566 [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]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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