Decision Notice - Approved by Delegation of Authority MCU22 0196 · MCU22/0196

Officer: 			Nadine Gorton, Jada Lyons
Direct Telephone: 	07 53296245
Our Reference:		MCU22/0196 & OPW22/0295
Your Reference:	0433
27 July 2023
Looroo Pty Ltd TTE
C/- Pivotal Perspective Pty Ltd
4/59 Mary Street
NOOSAVILLE QLD 4566
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 27 July 2023, Council decided to approve the application and issue a preliminary approval only, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU22/0196 & OPW22/0295
Street address:	130 & 132 Gympie Tce Noosaville Qld 4566
Real property description:	Lot 2 MCH 3881, Lot 3 MCH 3881
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Preliminary Approval for Material Change of Use - Multiple Dwelling (4 Units)
Preliminary Approval for Operational Works – Landscaping, Stormwater & Earthworks
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.

assessment manager conditions
MATERIAL CHANGE OF USE
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.
Currency Period
This development approval lapses if the use has not happened by 27 July 2029, unless an application to extend the currency period is approved by Council.
Approved Plans
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed in the tables below. The plans must be amended to incorporate the amendments listed within the table below and resubmitted to Council prior to the issue of any Development Permit for Building Works*.
Plan No.	Rev.	Plan/Document Name	Date
C1.0	-	Basement Floor Plan, prepared by Chris Clout Design	06/06/2023
The following plans require amendment.
Plan No.	Rev.	Plan/Document Name	Date
C1.1	-	Ground Floor Plan, prepared by Chris Clout Design	06/06/2023
C1.2	-	Upper Floor Plan, prepared by Chris Clout Design	06/06/2023
C1.3	-	Roof Plan, prepared by Chris Clout Design	06/06/2023
CD-000	A	Cover Sheet, prepared by Project Urban	23/06/2023
CD-101	A	Ground Floor Plan, prepared by Project Urban	23/06/2023
CD-102	A	Upper Floor Plan, prepared by Project Urban	23/06/2023
Amendments	A 2 metre landscaped setback to be included along the front boundary, excluding driveway areas. Any amendments to the landscape setback must be supported with a set of Vehicle Turn Path plans prepared by an RPEQ. The plans must demonstrate that a B99 vehicle is capable of entering and exiting the garage of each proposed unit without any portion of the vehicle (wheel path, body overhang, etc.) entering the landscape sections of the development. A minimum of 40% of the site to be landscaped, the total of which must include 60% soft landscaping (this does not include swimming pools, pathways, drying courtyards, waste storage areas or driveway areas). The landscape plans must be resubmitted that incorporate a landscaped garden bed with a minimum width of 2 metres to the Gympie Terrace frontage. Substitute Wodyetia Bifurcate with Archontophoenix Alexandrae and or Livistona Australis. Substitute Pandanus Tectorius with Corymbia Tessellaris. Removal of synthetic turf and replace with rock mulch.
Plan No.	Rev.	Plan/Document Name	Date
C2.0	-	Elevations, prepared by Chris Clout Design	06/06/2023
C3.0	-	Sections, prepared by Chris Clout Design	06/06/2023
C3.1	-	Sections, prepared by Chris Clout Design	06/06/2023
Amendments	Eaves to a minimum 75% of the perimeter of the roof. Retractable screens to upper level front and rear balcony areas to be deleted to provide open balconies and comply with plot ratio requirements.
Plan No.	Rev.	Plan/Document Name	Date
C1.1	-	Ground Floor Plan, prepared by Chris Clout Design	06/06/2023
C2.0	-	Elevations, prepared by Chris Clout Design	06/06/2023
C3.0	-	Sections, prepared by Chris Clout Design	06/06/2023
C3.1	-	Sections, prepared by Chris Clout Design	06/06/2023
Amendments	One of the four (4) Multiple Dwelling units is to be: accessible by a safe, continuous and step free path of travel from the street entrance of the property or from a car parking space; has a step-free entrance door with opening width of at least 820 millimetres; and contains a bathroom on the entry level.
*(Refer to Advisory Note)
Building Height
The maximum height of the development must not exceed 8 metres above the natural ground level and the exposed portion of the external façade of the building, except for the apex of the roof of the units which must not exceed 8.535 metres.
The ground around the basement level is to be backfilled to ensure no part of the basement is above finished ground level, apart from the driveway entrance.
Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $40,000 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.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the premises in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
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 the premises.
Built Form
One of the four (4) Multiple Dwelling units is to be:
accessible by a safe, continuous and step free path of travel from the street entrance of the property or from a car parking space;
has a step-free entrance door with opening width of at least 820 millimetres; and
contains a bathroom on the entry level.
Building Appearance
External design features, materials and finishes must be as shown on the Approved Plans, with no inclusions or alterations made without approval in writing by Council.
External finishes of the building must be a mix of lightweight and textured external finishes, with masonry areas incorporating a variety of textured finishes to break up the surface.
All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or the like thus remaining as open structures.
All balustrades to decks and balcony areas must be open or transparent.
External colours and finishes must be of an understated colour scheme and low-reflective roofing and cladding materials.
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
Waste storage areas, clothes drying areas and external storage areas must be screened from view of the street.
Fencing and Walls
Any street fencing must not exceed 1.8 metres in height, be set back an average of 1 metre and articulated to provide visual interest by stepping the design. Any fencing on the front boundary must either:
not exceed a maximum height of 1.2 metres;
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.
Landscaping Works
The development site must be landscaped in accordance with the PSP2 – Landscaping. The works must be undertaken in accordance with the Noosa Plan for that specific area and must include in particular:
a minimum 2 metre landscape setback on the front boundary, excluding driveway areas;
the works generally shown on the approved landscape plan except where varied by the conditions of this approval;
planting of shrubs and trees to the site’s frontage that will visually frame and soften the presentation of the built form to the street;
provision of screen planting along the side and rear boundaries to protect the privacy of adjoining properties;
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.
Waste Management
A waste storage area must be provided in accordance with Planning Scheme Policy 9, Waste Management and the Noosa Plan’s Waste Management Code, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Community Management Statement
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 and, in particular, must include the following additional clauses:
The dwelling units are not permitted to be used for short term accommodation, unless where identified as accepted development by the Noosa Plan or where there is a Development Permit for Material Change of Use for Short Term Accommodation in effect. Short term accommodation means the use of the premises for providing accommodation of less than 3 consecutive months to tourists or travellers.
ENGINEERING
Bonds
A site compliance bond of $50,000 is to be submitted to Council prior to the pre-start meeting. The pre-start meeting will only be held once Council's Construction Engineering Officer has confirmation that the bond monies have been received by Council.
The bond will be refunded less any costs incurred by Council in ensuring compliance with these conditions or any additional inspections incurred for substandard work or work undertaken not in accordance with this permit.
Bonds must:
meet the requirements of council’s relevant Planning Scheme Policy for performance and uncompleted works;
be lodged with Council and accompanied by the Bond Administration Fee/s; and
be requested for release by writing to Council, when relevant approval requirements have been met.
External Works
Gympie Terrace must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with the conditions held within this Decision Notice, and must include in particular:
construction of a 2.0-metre-wide pedestrian footpath in accordance with the conditions of this Decision Notice; and
removal of the existing property access and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed.
Site Access and Driveways
A sealed access driveway must be provided from Gympie Terrace to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with the conditions held within this Decision Notice.
Access onto Gympie Terrace is limited to ‘left-in, left-out’ only.
Car Parking
A minimum of 9 car parking spaces must be provided on site. The works must be undertaken in accordance with the conditions held within this Decision Notice and must include in particular:
1 visitor parking space within the total and are accessible at all times for visitor use;
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development.  The works must be undertaken in accordance with the conditions held within this Decision Notice and must include in particular a 2.0-metre-wide footpath within the road verge for the entire length of the site’s frontage.
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 the conditions held within this Decision Notice.
Services
Reticulated electricity and telecommunication services must be provided to each unit in accordance with 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 (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
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 the conditions held within this Decision Notice and be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
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.

OPERATIONAL WORKS
APPROVED PLANS
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The plans must be amended to incorporate the amendments listed within the table below and resubmitted to Council prior to the issue of any Development Permit for Building Works*.
Plan No.	Rev.	Plan/Document Name	Date
3225-OW3.1	A	Earthworks Plan Prepared by SCG Consulting	September 2022
32225-OW3.2	.	Earthworks Sections Prepared by SCG Consulting	September 2022
32225-OW4.1	A	Driveway & Access Plan Prepared by SCG Consulting	September 2022
32225-OW4.2	A	Driveway Levels Prepared by SCG Consulting	September 2022
32225-OW4.3	.	Driveway Details Prepared by SCG Consulting	September 2022
32225-OW6.1	.	Signage Plan Prepared by SCG Consulting	September 2022
32225-SW1.1	A	Stormwater Management Plan Prepared by SCG Consulting	September 2022
32225-SW1.2	.	Stormwater Details Prepared by SCG Consulting	September 2022
Amendments	Plans are to be consistent with MCU22/0196.
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:
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
Resubmission of Amended Plans Required
The conditions of this Decision Notice require resubmission of plans to Council with amendments. Please address the amended plan/s to Council’s Development Assessment Branch with the Reference No. MCU22/0196 & OPW22/0295.
General Advisory Notes
As this driveway is a private structure, the owner bears full responsibly for the standard of its construction, maintenance and any liabilities associated with its construction. It is recommended that professional advice be sought for the construction of the driveway to ensure that the driveway is constructed in accordance with standard drawings RS-049, RS-050 and RS-056.
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Planning Act 2016 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5 business days’ notice of preferred inspection time.
If Council officers are required to undertake additional inspections of the same works, a reinspection fee will be applicable in accordance with Council’s Fees and Charges register applicable at the time.
A minimum maintenance period of 12 months will apply to all municipal works and thereafter until such time as the works are performing in accordance with the approved design unless noted otherwise.
Environmental Advisory Notes
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
Accepted best practice standards include International Erosion Control Association Australasia Best Practice Erosion and Sediment Control.
Qualified Person, for the purpose of erosion and sediment control is a Certified Professional in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional Engineer of Queensland (RPEQ).
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the plan sealing inspection:
Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual; and
Stormwater runoff from the site is not currently, and is not likely to result in visible evidence of sedimentation or erosion, or lead to water contamination.
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.
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 Material Change of Use	Multiple Dwelling (4 units)
Development Permit for Operational Works	Landscaping, stormwater and earthworks
Development Permit for Building Works	All building work
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 online at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Nadine Gorton
Acting Coordinator – Development and Regulation

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents

	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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