Decision Notice - Council Meeting Decision MCU18 0094 · MCU18/0094

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU18/0094
Your Reference:	17655
15 November 2018
Whatham Boys Property Trust
C/- Project Urban
PO Box 6380
MAROOCHYDORE  QLD  4558
[email protected]
Dear Sir
Decision Notice
Planning Act 2016
I refer to your application and advise that on 15 November 2018, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU18/0094
Street address:	15 Garnet St Cooroy Qld 4563
Real property description:	Lot 901 C 56011
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises (Multiple Housing Type 4 Conventional)
currency period of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
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
A10	G	Ground – Site Plan, drawn by Morriarchi Architecture	29 October  2018
A11	F	Level 1 – Roof – Site Plan, drawn by Morriarchi Architecture	29 October 2018
A12	C	Townhouse Type A (3 bed) – Floor Plans, drawn by Morriarchi Architecture	3 July 2018
A13	C	Townhouse Type B (2 bed) – Floor Plans, drawn by Morriarchi Architecture	3 July 2018
A12	B	Landscape Plan, drawn by Morriarchi Architecture	29 October 2018
A20	F	Elevations, drawn by Morriarchi Architecture	30 October 2018
A30	F	Sections, drawn by Morriarchi Architecture	29 October 2018
A80	G	Perspective Images, drawn by Morriarchi Architecture	30 October 2018
A81	B	Finishes	30 October 2018
Nature and Extent of Approved Use
This approval is for 1 x 3 bedroom unit and 3 x 2 bedroom units. The TV/Study room is not permitted to be fully enclosed for use as a bedroom.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level.
Performance Bond
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 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.
Street Identification
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.
Building Appearance
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.
Fencing and Walls
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:
not exceed a maximum height of 1.2m
be of open construction.
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
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Protection of Privacy
To ensure privacy is protected between adjoining properties, the windows located on the upper western building face of the building must either:
have a minimum window sill height or 1.5 metres above floor level;
be fitted with translucent glazing;
be fitted with a fixed external screen.
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.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
Retention of mango tree
The existing mango tree located in the north eastern corner on the site must be retained.
An Arborist Report (or part thereof) prepared by a qualified person* and endorsed through an Operational Works approval must provide recommendations for the design of civil works, including retaining walls, to accommodate the retention of the Mango tree.
The Mango tree identified for retention in the conditions of this approval must be maintained in good health during construction and operational use for the expected life of the tree.
*(Refer to Advisory Note)
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan Planning Scheme Policy PSP 3 – Landscaping Plants and Guidelines and must include in particular:
The works shown on the approved Landscape Concept Plan using predominately local native species;
The provision of 6 x 100L local native street trees to the road frontages suitable for the location and sight lines.
Retention of the mango tree within the north eastern corner of the lot within a mulched garden setting.

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.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
ENGINEERING
External Works
A 2.0m wide concrete footpath must be provided within the road verge for the entire length of the frontage of the site to Wattle Street.  The path must generally 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:
Be in compliance with IPWEAQ standard drawing SEQ R-065 Concrete Pathway Construction Details;
Be extended to smoothly tapered and join with the existing path along Garnet Street.
Reinstatement Works
Any redundant driveway and/or kerb layback 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 100 mm topsoil and turf, and must be maintained by the developer until established.
Any redundant private pathway to the property must be removed, and verge area reinstated and landscaped to match the verge treatments.
Any 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
A sealed access driveway must be provided from Garnet Street 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 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
Car parking 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.
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
The site must be provided with a stormwater drainage system connecting to a lawful point/s of discharge in Garnet Street and/or Wattle Street. 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).
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.
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
All earthworks must be carried out in compliance with an Operational Works Development Permit.
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.
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.
The development works must not adversely impact on the stability of the subject site, any other property or private/ public structure and the long term health of the existing mango tree as shown on the landscape plan A14 Rev B.
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.
Telecommunication Services
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.
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.
Equitable Access and Facilities
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:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Infrastructure Charges
This Development Permit 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.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill/dump sites/sources, the haulage route, type of vehicle to be utilised during earthworks operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
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.
Qualified Person
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.
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.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Should the outstanding matters raised in this approval be addressed to Council’s satisfaction, Council may change the approval to a Development Permit through the Negotiated Decision Notice process.
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 Operational Works	Landscaping, Earthworks, Stormwater
Development Permit for Building Works	Private Certification
submissions
There was 1 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,

Patrick Murphy
Coordinator Planning

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

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017

Author	Address1	Address2
Emily Johnston	16 Emerald Street COOROY QLD 4563	[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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ee) NOOSA COUNCIL