Decision Notice - Approved by Delegation of Authority MCU20 0087 · MCU20/0087

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU20/0087  : JElder
Your Reference:	n/a
20 October 2020
Noosa Building Certifiers
PO Box 914
TEWANTIN  QLD  4565
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 15 October 2020, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU20/0087
Street address:	199 Maximillian Rd Noosa North Shore Qld 4565
Real property description:	Lot 9 MCH 1714
Planning Scheme:	Noosa Plan 2020 (31 July 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dwelling house
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
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
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
Main Dwelling
Sheet 1	3	Site Plan, prepared by Christopher Design Group	29/7/2020
Sheet 2	3	Lower Floor Plan, prepared by Christopher Design Group	29/7/2020
Sheet 3	3	Upper Floor Plan, prepared by Christopher Design Group	29/7/2020
Sheet 4	3	Elevations One & Two, prepared by Christopher Design Group	29/7/2020
Sheet 5	3	Elevations Three & Four, prepared by Christopher Design Group	29/7/2020
Sheet 15	3	Section 1, prepared by Christopher Design Group	29/7/2020
Sheet 16	3	Section 2, prepared by Christopher Design Group	29/7/2020
Sheet 17	3	Section 3, prepared by Christopher Design Group	29/7/2020
Sheet 19	3	Section 5, prepared by Christopher Design Group	29/7/2020
Secondary Dwelling
Sheet 1 of 6	-	Northwest and Southeast view (elevations), prepared by Accolade Building Designs	31 July 2020
Sheet 2 of 6	-	Floor Plan , prepared by Accolade Building Designs	31 July 2020
Sheet 3 of 6	-	East, West, North and South Elevations, prepared by Accolade Building Designs	31 July 2020
Sheet 4 of 6	-	Section A and Bearer, prepared by Accolade Building Designs	31 July 2020
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 18 October 2026, unless an application to extend the currency period is approved by Council.
Nature and Extent of Use
The Dwelling house, including the approved secondary dwelling, must be used in accordance with the Dwelling house definition under the Noosa Plan 2020.
The premises must not be used as Dual occupancy, Multiple dwelling and/or Short-term accommodation or any other residential use as defined by the Noosa Plan 2020, except a Dwelling house.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 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 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 Height
The maximum height of the dwelling must not exceed 8 metres above the finished ground level and the natural ground level.
Building appearance
External colours and finishes of the building, including roof, must comprise of muted/environmental tones that blend with the natural environment.
Any building undercroft areas exceeding 1.5 metres in height are to be screened with landscaping or battens.
Landscaping
Existing trees on the site and within road reserves must be retained. This is with the exception of one Cheese tree where the new dwelling is to be sited. This may be removed to accommodate the dwelling.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Prior to occupation of the main dwelling, 2 x 45L native trees are to be planted in the south western portion of the site and maintained for the life of the development.
Bushfire
The site must be provided with a water storage reservoir having a minimum 5,000 litres of water for emergency firefighting purposes. Such storage must be provided in addition to the water supply capacity required for the use and must be provided in the form of either an accessible dam, swimming pool, or rainwater tank.  If by rainwater tank, water storage for firefighting purposes must be provided either in a separate rainwater tank or a reserve section in the main water supply tank on which:
the domestic take off from the tank is at or above the 5,000 litre point; and
standard rural fire brigade fittings are fitted to the tank outlet for access by four wheel drive rural services vehicles.
Drainage and Earthworks
All cut (and fill) must not exceed the depth indicated on the approved plans, relative to natural ground level.
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP5 Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or concentrate or direct overland flow on to an adjoining property.
Stormwater
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
referral agencies
Not applicable.
Advisory notes
COVID-19
This development approval has been issued during the COVID-19 applicable event declared under 275F of the Planning Act 2016.
The period for undertaking the approved development may be subject to a further extension of 6 months under section 275R of the Planning Act.
Infrastructure Charges
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
Nature Conservation Act
It is the responsibility of the applicant to ensure compliance with the Nature Conservation Wildlife Management Regulation 2006 which is regulated by the State Government.
There may be a requirement to undertake a Flora Survey pursuant to Flora Survey Guidelines prior to any clearing activities pursuant to Chapter 4 of the Nature Conservation Wildlife Management Regulation 2006. Exemptions are listed in Division 5 of the same Act. Further information can be obtained at this website https://www.ehp.qld.gov.au/licences-permits/plants-animals/protected-plants/ or by calling the Department of Environment and Heritage Protection on 1300 130 372.
There may also be a requirement to obtain State Government Approval of a Species Management Plan prior to any activities that tamper with any place that is being used by a native animal for breeding activities. This is regulated by Section 332 of the Nature Conservation Wildlife Management Regulation 2006. Further information regarding this matter can be obtained at this website https://www.ehp.qld.gov.au/licences-permits/plants-animals/species-management-program/ or by calling the Department of Environment and Heritage Protection on 1300 130 372.
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
submissions
Not applicable.
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,

Lisa Pienaar
Development Planner

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

	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

[word/footer1.xml]
Page 2 of 6

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 6

[Attachment: image3.png (image text)]
ee) NOOSA COUNCIL