Decision Notice · REC14/0002

Officer:	Denis Wallace
Direct Telephone:	5329 6239
Our Reference:	:REC14/0002
Your Reference:	N/A

29 September 2014

Mr G Huba
C/- Max Watterson & Associates
PO Box 639
COOROY  QLD  4563

Dear Sir

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 25 September 2014, Council decided to:
A.	Approve the application subject to conditions.
B.	Apply the following property note to new Lot 2
Building Envelope/s have been specified for this property for the construction of a house or any habitable buildings. Details can be obtained from Council.
Details of the decision are as follows:
application details
Application No:	REC14/0002
Street Address:	22 & 23 Edward Street Cooran  Qld  4569
Real Property Description:	Lots 2 & 3 SP 155477
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
The following type of approval has been issued:
Development Permit to Reconfigure a Lot -1 Lot into 2 Lots and Access Easement
Relevant period of approval
The relevant period for this development approval is 4 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
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 and are subject to further amendments by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
13-3482AD  Sheet 1 of 1	_	Plan of Proposed Reconfiguration of Lot 2 on SP155477	08-07-14
Minimum Lot Size
Lot 1 shall maintain a minimum lot size of 2,000m2 in accordance with The Noosa Plan.  Prior to the issue of any Development Permit for Operational Works an amended plan of development must be submitted to Council demonstrating compliance with this condition.
Lot Numbering
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the boundary clearances for any existing buildings remaining on the site comply with the relevant provisions of the planning scheme and the Building Act 1975, unless varied by this Decision Notice;
all constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement;
all utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement;
all existing effluent disposal areas are wholly located within the lot they serve and comply with the boundary setback requirements of the Plumbing and Drainage Act 2002 and associated codes and requirements;
all retaining walls and structures are fully contained within the lot they retain;
f.	any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties.
House Site Areas
Prior to endorsement of the plan of survey by Council, a plan shall be submitted to Council identifying a building envelope for the house site and effluent disposal area/s on Lot 2.  To address noise, the house site area/s shall be greater than 80m from the rail corridor, or alternatively, positioned outside the 65dB(A) 24hr average equivalent A-weighted sound pressure level AND 87dB(A) single event maximum sound pressure level contours emanating from rail noise, as identified in an acoustic assessment prepared by a suitably qualified person and approved by Council.
ENGINEERING
Site Access and Driveways
A sealed access driveway must be provided from Edward Street for the full length of the proposed access easement. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
A 3m wide sealed access extending from the end of the current formation in Edward Street to the property boundary,
A 4m wide sealed access for the full length of the proposed access easement including a 5.5m wide passing bay located between the Edward Street frontage and the access to Lots 1 and 2,
Sealed access driveways to Lots 1 and 2 extending from the edge of the shared access driveway to the boundary of Lots 1 and 2, and
Underground service conduits for all utility services.
Stormwater Drainage
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 must include in particular:
An interallotment drainage system extending from the boundary of Lot 1 to James Street;
the use of gravity stormwater drainage.
Electricity and Telecommunication Services
Reticulated electricity and telecommunication services must be provided to each lot in accordance with an approval for Operational Works and the standards and requirements of the relevant service provider.
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.
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.
Easements
An easement for drainage purposes must be registered against the title of proposed Lot 2 in favour of Council over the land area identified as being below the 1%AEP flood level on the subject site.
For the purpose of this permit the 1%AEP flood level means the 1%AEP level as described in a current Flood Certificate issued by Council.
An easement for access and services purposes must be registered against the title of the Lot 3 SP155477 in favour of proposed Lots 1 and 2. The easement must be located generally in accordance with the approved plan and have a minimum width of 10 metres.
An easement for interallotment drainage must be registered against the title of proposed Lot 2 in favour of proposed Lot 1. The easement must extend from the common boundary of Lots 1 and 2 to the James Street frontage.
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.
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.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
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
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
UNITYWATER
Important Advisory Note - The following Unitywater conditions are applied in accordance with the Chapter 4c, part 7 and sections 135 and 140(c) South East Queensland (Distribution and Retail) Restructuring Act 2009 and Unitywater’s Interim Connections Policy. The conditions below form part of a water connection aspect which are taken to be a water approval for a staged connection. You are entitled to appeal against the water connection aspects of this application in accordance with section 99BRAY and Chapter 4c, part 4, Divisions 1 and 2 of the South East Queensland (Distribution and Retail) Restructuring Act 2009. Unitywater can be contacted as follows:
Phone:  1300 0 Unity (1300 086 489)
Email:   [email protected]
Web:     www.unitywater.com.
Water Connections
Reticulated water must be provided to each lot in the development. This must include:
Ensuring that existing internal water pipes are wholly contained within the lot they will serve;
An approved water meter for each lot in accordance with Unitywater and SEQ Standard Drawings;
Provision of a water service from the existing 150 mm diameter water main that runs across the lot to service all proposed and future lots in accordance with Unitywater and SEQ Standard Drawings.
Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains. Landscaping plants within these clearances must be low growing when mature and suitable Unitywater approved varieties.
Written approval to enter and construct must be obtained from the owners of properties through which external water mains will traverse. This must include approval for a 3 meter wide easement over the mains, and be submitted with lodgement of the associated development application for Operational Works.
Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DSDIP Mike Ahern Government Building 12 First Avenue MAROOCHYDORE  QLD 4558	Schedule 7, Table 2, Item 33 – Public passenger transport. Schedule 7, Table 2, Item 34 – Railways.	The agency provided its response on 5 August 2014. (Reference No. SDA-0314-008792).  A copy of the response is attached.

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
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.
Unitywater
Connection to the Unitywater live water supply and live sewerage system must be undertaken by Unitywater at the applicant’s cost.
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.
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 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 Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.
property notes
The following property notes will be placed against Lot 2 in Council’s property record system:
1.	Building Envelope/s have been specified for this property for the construction of a house or any habitable buildings. Details can be obtained from Council.
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Operational Works.
self assessable codes
The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.

Not Applicable
submissions
Not Applicable
reasons/grounds for approval
Not Applicable
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”.  (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
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

Kerri Coyle
Manager – Planning & Environment

cc	Unitywater

SARA at DSDIP
Mike Ahern Government Building
12 First Avenue
MAROOCHYDORE  QLD  4558

Enc:	Adopted Infrastructure Charge Notice
Referral Agency Response
Approved Plans/Documents
Appeal Rights

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), 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.
(3) 	Also, a person who has made a request under section 383 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.

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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