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Decision Notice - MCU22 0171 [As Published] · MCU22/0171
Officer: Lisa Pienaar
Direct Telephone: 07 5329 6514
Our Reference: MCU22/0171
Your Reference: PR22001
17 April 2023
CE Cullen & M Cullen
C/- Mallee Group Pty Ltd
4 Lalwinya Street
BUDDINA QLD 4575
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 14 April 2023, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU22/0171
Street address: 128 Gympie Tce Noosaville Qld 4566
Real property description: Lot 1 MCH 3881
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Material Change of Use - Dual Occupancy
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. 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.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Approved Plans
2. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Operational Works.
Plan Rev. Plan/Document Name Date
No.
DD1.2 - Basement Floorplan, prepared by Sparkes 24.03.2023
Architects
DD1.6 - Landscaping Areas, prepared by Sparkes Architects 24.03.2023
DD2.1 - North Elevation, prepared by Sparkes Architects 24.03.2023
DD3.2 - Section B, prepared by Sparkes Architects 24.03.2023
DD4.2 - Indicative materials and details 14/02/2023
The following plans require amendment.
Plan Rev. Plan/Document Name Date
No.
DD1.1 - Site Plan, prepared by Sparkes Architects 24.03.2023
DD1.3 - Ground Floorplan, prepared by Sparkes Architects 24.03.2023
DD1.4 - Driveway, prepared by Sparkes Architects 24.03.2023
DD1.5 - First Floorplan, prepared by Sparkes Architects 24.03.2023
DD2.2 - East Elevation, prepared by Sparkes Architects 24.03.2023
DD2.3 - South Elevation, prepared by Sparkes Architects 24.03.2023
DD2.4 - West Elevation, prepared by Sparkes Architects 24.03.2023
DD3.1 - Section A, prepared by Sparkes Architects 24.03.2023
DD3.3 - Section C, prepared by Sparkes Architects 24.03.2023
Amendments Remove the shade sails located within the Gympie Terrace front 6.0
metre setback
Currency Period
3. This development approval lapses if the use has not happened by 14 April 2029, unless
an application to extend the currency period is approved by Council.
Building Height
4. The maximum height of the development must not exceed that shown on the approved
plans.
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5. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld)
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 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. External finishes of the building must be a mix of lightweight and textured external finishes,
with masonry areas incorporating a variety of textured finishes to break up the surface.
8. The external Outrigger/Sun-shades as detailed on the proposed plans are to be maintained
for the life of the building. The Outrigger/ Sun-shades are to have a maximum of 50%
openings.
9. The sun- shades located within the rear 6.0 metre setback to Chaplin Park are to be of a
light weight and open construction.
10. All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or
the like thus remaining as open structures.
11. All balustrades to decks and balcony areas must be open or transparent.
12. External colours and finishes must be of an understated colour scheme and low-reflective
roofing and cladding materials.
13. All air conditioning units or other mechanical equipment must be fully enclosed or screened
such that they are not visible from the street frontages nor adjoining properties.
14. Waste storage areas, clothes drying areas and external storage areas must be screened
from view of the street.
Fencing and Walls
15. Any street fencing must not exceed 1.8 metres in height, be set back an average of 1 metre
and articulated to provide visual interest by stepping the design.
16. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
17. The proposed fill and side boundary fences must taper down to the rear and front boundary
to the reasonable satisfaction of the Manager Development Assessment.
18. The rear gate must at least 50% visually permeable to enable landscaping behind to be
visually dominant where viewed externally.
19. The wall on the western side boundary at the rear (adjacent to the stairs) must step down
from the gate to the rear (northern) boundary, with the fence height no greater than 2 metres
high from existing ground level for a length of 3 metres in from the rear (northern) boundary.
The fence is to maintain privacy to the adjoining site to the west.
Protection of Privacy
20. The upper level terrace must include either balcony planter boxes, balustrading or fixed
external screens, positioned in such a way to obscure direct views into the private open
space areas of the adjoining property to the north as shown on the Approved Plans.
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Landscaping
21. 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 and must
include in particular:
a. Detailed landscape plans undertaken by a qualified person generally in accordance
with the works shown on the Approved Plans;
b. Landscape screening in the form of large trees provided to the eastern and western
boundary capable of growing 8-10 metres in height at maturity;
c. vegetation with vertical scale to be provide screening / softening of the Southern
elevation from Gympie Terrace, designed such that 30% of the eastern elevation will
be softened at maturity;
d. removal or reduction in size of rainwater collection tanks from the front landscape
garden adjacent Gympie Terrace to ensure deep planting is achievable.
22. 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.
23. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
Waste Management
24. A waste storage area must be provided in accordance with Planning Scheme Policy 9,
Waste Management and the Noosa Plan’s Waste Management Code, including an external
imperviously paved area correctly sized for all refuse and recycling containers and suitably
screened from public places and neighbouring properties.
Community Management Statement
25. 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.
26. 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 clause:
The dwelling units are not permitted to be used for short term accommodation, unless
where identified as accepted development by the Noosa Plan or where there is a
Development Permit for Material Change of Use for Short Term Accommodation in
effect. Short term accommodation means the use of the premises for providing
accommodation of less than 3 consecutive months to tourists or travellers.
External Works
27. Gympie Terrace must be upgraded for the length of its frontage to the subject site. The
works must be undertaken in accordance with an Operational Works approval, be generally
accordance with DME Project’s Proposed Layout Ground Floor (Revision C) dated March
2023 and must include the construction of a pedestrian footpath in accordance with the
conditions of this Decision Notice.
28. A footpath must be provided for the development. The works must be undertaken in
accordance with an Operational Works approval and must include in particular:
a. A 2 metre wide concrete footpath within the road verge for the entire length of the site’s
frontage to Gympie Terrace.
a. The new pathway must be constructed of materials similar in colour and finish to the
existing pathway between the subject site and Mill Street.
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Property Access and Driveways
29. Vehicle access to 128 Gympie Terrace is limited to the existing access easement via Mill
Street and must be constructed generally in accordance with DME Project’s Proposed
Layout Driveway and Basement (Revision C) dated March 2023.
Car Parking
30. A minimum of 5 car parking spaces must be provided and marked on the site. The works
must be undertaken in accordance with an Operational Works approval and must include
in particular dimensions, crossfalls and gradients in accordance with Australian Standard
AS2890: Parking Facilities.
Stormwater Drainage
31. The site must be provided with a stormwater drainage system connecting to a lawful point
of discharge. The works must be undertaken in accordance with an Operational Works
approval and be generally in accordance with DME Project’s Stormwater Details (Revision
C) dated March 2023.
32. A site-specific Dewatering and Acid Sulfate Management Plan must be submitted and
accepted by Council prior to the issue of an Operational Works permit. The site-specific
Dewatering and Acid Sulfate Management Plan must be prepared by a suitably qualified
person and demonstrate how Acid Sulfate affected water encountered during excavation
will be treated and disposed of.
33. A clause must be included in any future Community Management Statement that states:
a. the ongoing maintenance of the basement sump is wholly the responsibility of the
property owner(s).
Services
34. 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.
35. Certification must be submitted to Council from all relevant service providers (Energex,
NBN and Unitywater) which certifies that the development has met the requirements of this
Decision Notice and all applicable legislation at the time of construction.
Easements
36. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
37. All easements must be designed in accordance with the planning scheme and granted at
no cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
38. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
39. All works must be carried out in accordance with a Geotechnical Report (or part thereof)
prepared by a qualified person* and endorsed through an Operational Works approval.
*(Refer to Advisory Note)
Earthworks and Retaining Walls
40. All fill and associated batters must be undertaken in accordance with an Operational Works
approval, contained entirely within the subject site unless written permission from the
respective landowner(s) is provided to Council and be generally in accordance with DME
Project’s Earthworks Sections 1 and 2 (Revision B and C, respectively) dated March 2023.
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41. All retaining walls must be designed and constructed in accordance with the planning
scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining
walls that are publicly accessible and exceed 1.0m in height must be fitted with a
commercial grade safety fence.
5. REFERRAL AGENCIES
Not applicable.
6. 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
42. 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.
Co-ordination of Operational Works Assessment
43. 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
44. 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:
a. is a Registered Professional Engineer of Queensland (RPEQ); and
b. has a degree in civil engineering or engineering geology; and
c. has a minimum of 5 years experience in the field of geotechnical engineering or
engineering geology.
45. For the purpose of preparing a Landscape Plan, a qualified person is considered to be a
landscape architect, landscape designer and/or horticulturist with a minimum of 3 years
current experience in the field of landscape design.
Infrastructure Charges
46. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Access and Frontage works, Stormwater,
Drainage work, Earthworks, Landscaping.
Development Permit for Building Works All building work.
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10. SUBMISSIONS
Not applicable.
11. 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.
12. 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,
for Lisa Pienaar
Development Planner
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc. Unitywater
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (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 –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (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
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of 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
(2) The notice of appeal must be accompanied by the required fee.
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