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MCU Decision Notice
Officer: :Glen Conforti
Direct Telephone: 07 53296241
OurReference: :MCU16/0043
Your Reference: :15022
26 August 2016
PJ McCarthy
C/- Adamson Town Planning
PO Box 78
PEREGIAN BEACH QLD 4573
Dear Sir/Madam
Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 26 August 2016, Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU16/0043
Street Address: 12 Opal St COOROY QLD 4563
Real Property Description: Lot 7 RP 82318
Planning Scheme: The Noosa Plan (16 September 2013)
2. DECISION DETAILS
The following type of approval has been issued:
• Development Permit for Material Change of Use of Premises - Multiple Housing Type 4
Conventional (4 x 2 bedroom units)
3. RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is 4 years starting the day that this
development approval takes effect.
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.
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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MCU16/0043
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
Sheet 4 of 8 6 Site Plan (Stage 1), prepared by 02/05/2016
PJMMCCARTHY Commercial and
Residential Builders
02/05/2016
Sheet 5 of 8 6 Site Plan (Stage 2), prepared by
PJMMCCARTHY Commercial and
Residential Builders
02/05/2016
Sheet 6 of 8 6 Floor Plan (Stage 1), prepared by
PJMMCCARTHY Commercial and
Residential Builders
02/05/2016
Sheet 7 of 8 6 Floor Plan (Stage 2), prepared by
PJMMCCARTHY Commercial and
Residential Builders
02/05/2016
Sheet 8 of 8 6 Elevations A & B, prepared by
PJMMCCARTHY Commercial and
Residential Builders
02/05/2016
Sheet 9 of 8 6 Elevations C & D, prepared by
PJMMCCARTHY Commercial and
Residential Builders
02/05/2016
Sheet 18 of 8 6 Perspectives, prepared by
PJMMCCARTHY Commercial and
Residential Builders
0801516-SK- B Vehicle Swept Paths, prepared by 20/06/16
0002 McMurtrie Consulting Engineers
Building Height
3. The maximum height of the development must not exceed 8 metres above the finished
ground level and the natural ground level.
Performance Bond
4. 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 prior to pre-start meeting. 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.
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MCU16/0043
Street Identification
5. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate,
the building name.
Water & Sewer Connections
6. 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).
7. 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.
Staging
8. The development may be constructed in 2 stages in accordance with the approved plans.
Sunset Clause for Completion of Approved Development
9. Pursuant to s342 of the Sustainable Planning Act 2009, the uncompleted aspects of this
development approval lapses if the whole of the approved use has not happened within 6
years of this development approval taking effect.
Building Appearance
10. All air conditioning units or other mechanical equipment must be fully enclosed or
screened such that they are not visible from the street frontages or adjoining properties.
Fencing and Walls
11. 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
a. be of open construction.
12. 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
13. Each dwelling unit must be provided with access to an outdoor clothes line which is
screened from public view.
Community Management Statement
14. 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.
15. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice.
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MCU16/0043
ENGINEERING
External Works
Stage 1
16. Opal Lane 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 and must include
in particular:
a. kerb and channel on the northern side of Opal Lane and a 3 metre wide
carriageway. The alignment of the kerb and channel must be an extension of the
existing kerb and channel to the east of the subject site
b. stormwater runoff from the new carriageway must be controlled and discharged
without adversely affecting any private properties
c. all associated and ancillary work including pavement correction to the existing
pavement, drainage works, scour protection and adjustments to the existing
infrastructure must be undertaken to complete the roadworks.
In this regard, specifications and plans detailing this work must be prepared in accordance
with Council’s Planning Scheme Policy 5 – Engineering Design Standards – Roads,
Drainage and Earthworks.
Stage 2
17. Opal Street 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 and must include
in particular:
a. kerb and channel on an alignment that is an extension of the existing kerb and
channel to the west of the subject site
b. widening and sealing of the existing road pavement
c. any necessary adjustments or modifications to the existing surface and piped
stormwater drainage systems in Opal Street
d. removal of the existing property access and reinstatement of the verge area to
match the balance of the site frontage, including the provision of topsoil and turf
where the existing verge is grassed
In this regard, specifications and plans detailing this work must be prepared in accordance
with Council’s Planning Scheme Policy 5 – Engineering Design Standards – Roads,
Drainage and Earthworks.
Site Access and Driveways
18. A sealed access driveway must be provided from Opal Street and Opal Lane 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 driveway
crossovers in accordance with standard drawings RS-049 and RS-050.
Car Parking
19. A minimum of 6 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:
a. driveways and carparking spaces in accordance with drawing numbers 0801516-
SK-0002 B and 0801516-SK-0003 B prepared by McMurtie Consulting Engineers
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MCU16/0043
b. the carparking area must be designed to comply with the provisions of AS/NZS
2890.1:2004 for user class 1A with allowance for vehicles to enter and leave the site
in a forward gear and with a minimum head clearance (headroom) at any point of
2.2m
c. 2 visitor parking spaces within the total, which are clearly marked for that purpose
and accessible at all times for visitor use
d. crossfalls and gradients in accordance with Australian Standard
AS/NZS2890.1:2004
e. signage to clearly identify the “visitor” carspaces
20. All carparking must be kept and maintained in a condition fit for the approved use.
Stormwater Drainage
21. 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 generally in accordance with the drawing Titled “Preliminary Stormwater and
Access Plan” number 0801516-0001 B prepared by McMurtie Consulting.
Electricity and Telecommunication Services
22. Certification must be submitted to Council from all relevant service providers which
certifies that the development has met the requirements of this Decision Notice and all
applicable legislation at the time of construction.
Earthworks and Retaining Walls
23. All fill and associated batters must be undertaken in accordance with an Operational
Works approval, and contained entirely within the subject site unless written permission
from the respective landowner(s) is provided to Council.
Damage to Services and Assets
24. 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.
LANDSCAPING
25. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and Planning Scheme Policy PSP 3 – Landscaping
Plants and Guidelines and must include in particular:
a. a landscaped garden with a minimum width of 0.5m provided for the full length of
both side boundaries. Trees must be included which grow to a minimum height of
5/6m at maturity and provided at 6m centres. The trees must have a minimum pot
size of 200mm
b. provision of one (1) 45 litre street tree to each side of the Opal Street driveway (2
street trees in total to this frontage)
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MCU16/0043
c. provision of two (2) 45 litre trees within the setback to Opal Lane planted between
the parking area and the street boundary
d. dense landscaping provided between the boundary and the manoeuvring areas to
Opal Street and Opal Lane.
26. 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.
ENVIRONMENTAL HEALTH CONDITIONS
Building Demolition/Removal/Relocation
27. Where the development involves the removal, relocation or demolition of a building, a
Waste Management Plan (construction and demolition) must be submitted and approved
by Council’s Environmental Health Officer prior to issue of a development permit for
operational works for demolition, removal or relocation of any building other than a shed.
Waste Management Plans (construction and demolition) must be submitted in accordance
with Planning Scheme Policy 11, Waste Management Plans.
Waste storage areas must provide for adequate separation of all reusable, recyclable and
waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
• The site area for the storage and separation of waste is to be shown on the plan
drawings accompanying the application.
• A waste management table as indicated below is to be completed showing how waste
material is to be segregated - recycled – reused or disposed.
Table – Waste Management Table
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify contractor
materials volume(m³) *specify proposed *specify contractor and landfill site or
re-use or on-site and recycling outlet other disposal site
recycling methods
Excavation
material
Green waste
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals - please
specify
Asbestos
Other - please
specify
Note * If a demolition contractor is undertaking works, then the Waste Management table
is to be completed by the demolition contractor.
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MCU16/0043
Waste Storage
28. The developer 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.
29. A bin wash area is required 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.
Noise
30. Written certification is required from a suitably qualified person confirming that sound
pressure levels from all mechanical plant and equipment comply with the following :
a. Air-conditioning and Refrigeration
• 7am to 10pm: Maximum level allowable = background + 5dB(A)
• 10pm to 7am: Maximum level allowable = background + 3dB(A)
b. Pumps
• 7am to 7pm: Maximum level allowable = background + 5dB(A)
• 7pm to 10pm: Maximum level allowable = background + 3dB(A)
• 10pm to 7am: No audible noise.
Assessment and certification is required immediately after installation of the equipment
and prior to any occupation of the building. All equipment should be operating at the
same time to test the overall noise level created, with the measurement location at either
the residential boundary or outside the most exposed part of an affected building -
whichever is the closest to the plant/equipment.
31. The certification must be submitted to Council, which certifies that operational noise from
any fixed plant and equipment complies with the requirements of this Decision Notice.
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:
Aboriginal Cultural Heritage Act 2003
1. 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
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MCU16/0043
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.
Equitable Access and Facilities
2. 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:
c. the Disability Discrimination Act 1992 (Commonwealth);
d. the Anti-Discrimination Act 1991 (Queensland); and
e. the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
3. Prior to the commencement of the use, please contact Council's DA Planning Section to
arrange a Development Compliance Inspection.
Building and Construction Industry (Portable Long Service Leave) Levy
4. 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
5. 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
6. A preliminary Construction Management Plan must be submitted with the Operational
Works application and must address the following:
a. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD)
b. provision for safe pedestrian access across the frontages of the site both during
daily construction and after daily construction has ceased.
Building Works
7. Noise from residential building works shall comply with the following –
a. Limited to between 6:30am to 6:30pm Monday to Saturday.
b. All reasonable measures are taken to minimise noise emissions.
c. Not permitted on Sunday or public holidays.
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Measurement of Noise
8. Measurement of sound pressure levels (adjusted for tonality and impulse) must be in
accordance with either: (a) Australian Standard AS1055.1 “Acoustics–Description and
measurement of environmental noise – General procedures”, or (b) The relevant “Noise
Measurement Manual” as provided by the Department of Environment and Heritage
Protection.
9. A qualified person is considered to be either: (a) a Registered Professional Engineer of
Queensland, or (b) an environmental consultant with a minimum of 3 years current
experience in the field of acoustics.
Acoustic Advice & Design
10. It is highly recommended that the developer seek the advice and design input of a
qualified acoustic consultant at the plan development stage to ensure the development
does not cause a noise nuisance under the Environmental Protection Act 1994. Attention
should be given to the following (but not limited to) :
• building design and construction
• design, selection and installation of fixed plant and equipment
• the location of air conditioning and heating units, refrigeration plant, pumps,
mechanical exhausts and plant rooms etc
• the use of acoustic enclosures/screens around noisy plant and equipment
• operating times
Environmental Protection
11. The development should be undertaken in a manner that causes no unlawful
environmental nuisance under the Environmental Protection Act 1994 by the creation of
excessive noise, lighting, waste, atmospheric pollutants (including dust or odours) or other
releases to the environment.
12. In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint,
cement, concrete, builder’s waste or other prescribed contaminants should not to be
released to or be placed where it could reasonably be expected to move into a roadside
gutter, storm water drain or a watercourse. On the spot fines apply for such offences.
Infrastructure Charges
13. This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in
accordance with Council’s “Charges Resolution” made pursuant to the Sustainable
Planning Act 2009 and in conjunction with the State Planning Regulatory Provision
(Adopted Charges).
7. PROPERTY NOTES
Not Applicable.
8. PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable.
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MCU16/0043
9. FURTHER DEVELOPMENT PERMITS REQUIRED
• Development Permit for Operational Work (stormwater, driveway, landscaping, external
works)
• Development Permit for Building Work (All Building Works)
• Compliance Assessment (Plan sealing)
10. SELF ASSESSABLE CODES
Not Applicable.
11. SUBMISSIONS
There were no submissions about the application.
12. REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not Applicable.
13. 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”.
14. 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
Glen Conforti
Development Planner
Enc: Infrastructure Charge Notice x 2
Approved Plans/Documents
Appeal Rights
cc Unitywater
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MCU16/0043
Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable Planning Act 463 Additional and extended appeal rights for submitters
2009 (Chapter 7). for particular development applications
(1) This section applies to a development application to which
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & chapter 9, part 7 applies.
OPERATIONAL WORKS (2) A submitter of a properly made submission for the
application may appeal to the court about a referral
Division 8 Appeals to court relating to agency’s response made by a prescribed concurrence
development applications and agency for the application.
approvals (3) However, the submitter may only appeal against a referral
agency’s response to the extent it relates to—
461 Appeals by applicants (a) if the prescribed concurrence agency is the chief
(1) An applicant for a development application may appeal executive (environment)—development for an
to the court against any of the following— aquacultural ERA; or
(a) the refusal, or the refusal in part, of the (b) if the prescribed concurrence agency is the chief
development application; executive (fisheries)—development that is—
(b) any condition of a development approval, another (i) a material change of use of premises for
matter stated in a development approval and the aquaculture; or
identification or inclusion of a code under section (ii) operational work that is the removal, damage or
242; destruction of a marine plant.
(c) the decision to give a preliminary approval when a (4) Despite section 462(1), the submitter may appeal against
development permit was applied for; the following matters for the application even if the matters
(d) the length of a period mentioned in section 341; relate to code assessment—
(e) a deemed refusal of the development application. (a) a decision about a matter mentioned in section
(2) An appeal under subsection (1)(a), (b), (c) or (d) must 462(2) if it is a decision of the chief executive
be started within 20 business days (the applicant’s (fisheries);
appeal period) after— (b) a referral agency’s response mentioned in
(a) if a decision notice or negotiated decision notice is subsection (2).
given—the day the decision notice or negotiated
decision notice is given to the applicant; or 464 Appeals by advice agency submitters
(b) otherwise—the day a decision notice was required (1) Subsection (2) applies if an advice agency, in its response
to be given to the applicant. for an application, told the assessment manager to treat
(3) An appeal under subsection (1)(e) may be started at the response as a properly made submission.
any time after the last day a decision on the matter (2) The advice agency may, within the limits of its jurisdiction,
should have been made. appeal to the court about—
(a) any part of the approval relating to the assessment
462 Appeals by submitters—general manager’s decision about any part of the application
(1) A submitter for a development application may appeal requiring impact assessment under section 314; or
to the court only against— (b) any part of the approval relating to the assessment
(a) the part of the approval relating to the assessment manager’s decision under section 327.
manager’s decision about any part of the (3) The appeal must be started within 20 business days after
application requiring impact assessment under the day the decision notice or negotiated decision notice is
section 314; or given to the advice agency as a submitter.
(b) the part of the approval relating to the assessment (4) However, if the advice agency has given the assessment
manager’s decision under section 327. manager a notice under section 339(1)(b)(ii), the advice
(2) To the extent an appeal may be made under agency may not appeal the decision.
subsection (1), the appeal may be against 1 or more of
the following— 465 Appeals about decisions relating to extensions for
(a) the giving of a development approval; approvals
(b) any provision of the approval including— (1) For a development approval given for a development
(i) a condition of, or lack of condition for, the application, a person to whom a notice is given under
approval; or section 389, other than a notice for a decision under
(ii) the length of a period mentioned in section section 386(2), may appeal to the court against the
341 for the approval. decision in the notice.
(3) However, a submitter may not appeal if the submitter— (2) The appeal must be started within 20 business days after
(a) withdraws the submission before the application is the day the notice of the decision is given to the person.
decided; or (3) Also, a person who has made a request under section 383
(b) has given the assessment manager a notice under may appeal to the court against a deemed refusal of the
section 339(1)(b)(ii). request.
(4) The appeal must be started within 20 business days (the (4) An appeal under subsection (3) may be started at any
submitter’s appeal period) after the decision notice or time after the last day the decision on the matter should
negotiated decision notice is given to the submitter. have been made.
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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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