Attachement 5 - Copy of original MCU

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aR
ef} NOOSA COUNCIL

Officer: Tara Norley
Direct Telephone: 07 53296486
Our Reference: MCU19/0142
Your Reference: n/a

9 March 2020

Dean Warde and Carlea Walker
10/57 Grand Parade
PARREARRA QLD 4575

[email protected]

Dear Sir/Madam

Negotiated Decision Notice
Planning Act 2016

| refer to your application and the representations you made in respect to the decision notice. On
6 March 2020, Council decided your representations. This negotiated decision notice replaces the
decision notice approved on 10 February 2020.

Details of the negotiated decision are as follows:
1: APPLICATION DETAILS

Application No: MCU19/0142

Street address: 361 Schreibers Road, Cooran Qld 4569
Real property description: Lot 6 on RP854238

Planning Scheme: The Noosa Plan (8 June 2018)

2. DECISION DETAILS
Council on 10 February 2020, decided to issue the following type of approval:
¢ Development Permit for Material Change of Use of Premises (Detached House)
In relation to representations, Council on 6 March 2020 decided to:
e Agree to amend condition 5
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

As 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.

 

NOOSA COUNCIL

 

PO Box 141 [email protected]
TEWANTIN QLD 4565 www.noosa.qid.gov.au
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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

NA NA Lot 6 — 361 Schreibers Road Cooran Not dated
(Site Plan)

Ref# AWG1910082-3 NA Building Layout 18/10/19

V1.2 NA Mapleton Not dated

Currency Period

3. The Currency Period for this development approval lapses if the use has not happened by
10 February 2026, unless an application to extend the currency period is approved by
Council.

Built Form

4. Any future Detached House must be generally in accordance with Approved Plan V1.2
Mapleton, and located within the ‘House Site (Future)’ area marked on Approved Plan Lot 6
— 361 Schreibers Road Cooran (Site Plan), and is to comply with the requirements of the
Detached House Code under The Noosa Plan (8 June 2018).

Performance Bond

5. — Security in the form of a cash bond or trading bank guarantee to the sum of $1,500.00 must
be submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Building Works. The cash bond or trading bank guarantee
will be returned on performance of the conditions of approval (excluding Condition 4,
Condition 10 and Condition 16) 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.

Landscaping

Existing trees on the site must be retained.

Trees to be retained must be protected from clearing or construction activities by:
a. Clearly marking vegetation to be retained with flagging tape

b. installing protective fencing around the drip line of the vegetation

Ci restricting stockpiling, storage and vehicle parking to those areas which are already
cleared

d. —_using low impact construction techniques around vegetation.

8. | Screening vegetation (for example, Lilly Pilly’s) must be planted along the full length of the
northern elevation of the shed in a maximum of 2 metres intervals starting from the outer
most edge of the shed, and growing to a height of a minimum of 4 metres. Note: the Murray
Island Bamboo proposed is not approved.

Site Access and Driveways

9. An access driveway for the shed must be provided from the edge of the formation in
Schreibers Road to the parking and manoeuvring areas of the shed. The works must be
undertaken in accordance with a Standard Driveway application approved by Council

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10. An access driveway for the dwelling must be provided from the edge of the formation in
Schreibers Road to the parking and manoeuvring areas of the dwelling. The works must be
undertaken in accordance with an Operational Works approval submitted in conjunction with
the building application for the dwelling. The works must include in particular a driveway
crossover generally in accordance with Council’s Standard drawing RS-056

Stormwater Drainage

11. 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

12. Allearthworks and associated walls/batters must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council. All
earthworks must be undertaken in accordance with the provisions of Australian Standard
AS3798: Guidelines on Earthworks for Commercial and Residential Developments.

Damage to Services and Assets

13. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:

a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or

b. — where otherwise, upon completion of the works associated with the development.

Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.

Water Supply

14. The development must be provided with a potable water supply having a capacity sufficient
for the use.

Waste Water Treatment and Disposal

15. The development must be provided with an on-site waste water treatment and effluent
disposal system having a capacity sufficient for the use*.

*(Refer to Advisory Note)
Bushfire Management

16. Anon-site water supply available for firefighting purposes must be provided, having a volume
of not less than 5,000 litres. The water supply may be either:

a. aseparate tank

b. a reserve section in the bottom part of the main water supply tank

c. adam

d. | aswimming pool installed immediately upon construction of the home.
5. REFERRAL AGENCIES

Not applicable.

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6. ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:

PLANNING
Sustainability

4s 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:/Awww.noosa.qld.gov.au/sustainable-homes

Waste Water Treatment and Disposal System

2. The establishment of a waste water treatment and disposal system for the site requires a
Compliance Permit to be obtained from Council under the Plumbing and Drainage Act 2002.
The system must be designed in accordance with the Queensland Plumbing and Wastewater
Code (Department of State Development and Infrastructure & Planning, 2007) and Australian
Standard AS/NZS1547: 2000 “On-site Domestic Wastewater Management’ or an alternative
solution approved through Council’s Building and Plumbing branch. Where a development
exceeds the accommodation or use of 21 or more equivalent persons a copy of an Operator's
Licence from The Department of Environment & Heritage Protection will also be required.

Building and Construction Industry (Portable Long Service Leave) Levy

3. 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

4. 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.

Private Infrastructure

5s All private infrastructure for the development must be designed to meet the planning scheme
requirements unless otherwise agreed by the relevant authority

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 Building Works All building work
Development Permit for Operational Works | Access

10. SUBMISSIONS
Not applicable.

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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

Jj» Ag

Tara Norley
Development Planner

7

Enc: Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
¢ Original Decision Notice — 10 February 2020.

« Negotiated Decision Notice — 6 March 2020, with an amendment

to condition 5

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x w NOOSA Appeal Rights
4 Bi (SOS s 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
aLGIP; 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.

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(3)

(4

(5)

(6)

231

(2

(3)

(4

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.

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.

A notice of appeal given to a person who may elect to be a co-

respondent must state the effect of subsection (6).

Aperson 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.

Other appeals

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.

The Judicial Review Act 19917, part 5 applies to the decision or
matter to the extent it is affected by jurisdictional error.

A person who, but for subsection (1) could have made an
application under the Judicial Review Act 1997 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.

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)

(2)

Aperson who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.

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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