Decision Notice - Council Meeting Decision MCU20 0128

Officer: 	Glen Conforti
Direct Telephone: 	07 53296241
Our Reference:	MCU20/0128
Your Reference:	19304
19 April 2021
Deluca Charitable Foundation Limited
C/- Project Urban
PO Box 6380
MAROOCHYDORE  QLD  4558
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 15 April 2021, Council decided to:
Approve the application in full subject to conditions
Request the Chief Executive Officer to investigate the existing traffic and car parking concerns in Viewland Drive, Noosa Heads raised by residents in their submissions to Application No. MCU20/0128 for a Residential Care Facility at 32 Viewland Drive, Noosa Heads.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU20/0128
Street address:	Reservoir 32 Viewland Dr Noosa Heads Qld 4567
Real property description:	Lot 1 RP 226728
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises (Residential Care Facility)
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
DA-0031	5	3d Views prepared by Ellivo	29/01/2021
DA-0032	4	3d Views prepared by Ellivo	21/01/2021
DA-0033	4	3d Views prepared by Ellivo	21/01/2021
DA-0034	4	3d Views prepared by Ellivo	22/01/2021
DA-0035	4	3d Views prepared by Ellivo	21/01/2021
DA-0036	4	3d Views prepared by Ellivo	22/01/2021
DA-1000	16	Ground Floor Plan prepared by Ellivo	15/03/2021
DA-1001	11	Level 1 Floor Plan prepared by Ellivo	04/02/2021
DA-1002	10	Roof Plan prepared by Ellivo	04/02/2021
DA-1600	4	Area Plans prepared by Ellivo	21/01/2021
DA-2100	5	Building Elevations prepared by Ellivo as amended in red by Council	21/01/2021
DA-2101	5	Building Elevations prepared by Ellivo as amended in red by Council	21/01/2021
DA-3100	6	Building Sections prepared by Ellivo	21/01/2021
DA-3101	2	Building Sections prepared by Ellivo	21/01/2021
DA06 (Page 11)	-	Noosa Youngcare Masterplan prepared by Form Landscape Architects	09/03/2021
DA06 (Page 12)	-	Tree Works Plan prepared by Form Landscape Architects as amended in red by Council	09/03/2021
DA06 (Page 13)	-	Walls and Fences prepared by Form Landscape Architects as amended in red by Council	09/03/2021
Nature and Extent of Approved Use
Deliveries and any service related activities must not occur outside the hours of:
7am to 6pm Monday to Saturday
9am to 5pm Sunday or any public holiday
The total number of residential beds established on the site, including the approved on site overnight carer accommodation, must not exceed twenty (20).
The total number of support workers residing on the premises at any one time must not exceed two.
Currency Period
This development approval lapses if the use has not happened by the 15 April 2027, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 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. 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.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
Plant and Equipment
All air conditioning units, generators or other plant and mechanical equipment must be located at ground level and fully enclosed or screened such that,
they are not visible from the street frontage or adjoining properties; and
the screening enclosure minimises noise impacts to within acceptable levels at the boundary of the site.
All external plant and equipment must be sited away from neighbouring residential premises.
Building Appearance
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the, except where required to satisfy any privacy condition of this Decision Notice.
The building must be finished using a mixture of colours textures and materials using a muted, natural colour palette that complements the natural surroundings of the site.
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.
The 2m landscape zone between the building footprint and the side and rear boundaries must not be filled and must be landscaped to provide a visual buffer and transition to adjoining properties.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
the works shown on the Approved Plans
provision of 1 street tree within the road reserve for every 8 metres of road frontage
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.
Tree Retention
Existing trees on site must be retained generally in accordance with the Tree Solutions referenced document, Arboricultural Report, 32 Viewland Drive prepared by Brandan Martin Director/ Principal Consulting Arborist dated December 5, 2020.
Provide to Council prior to or with an Operational Works Application an amended Tree Works Plan that accords with the referenced Arboricultural Report in Condition 20, and including additional trees identified as suitable for retention in consultation with the consulting arborist, Council’s Environment Officer and in accordance with the referenced report.
Clothes Drying Areas
Outdoor clothes drying areas must be screened from public view.
Protection of Privacy
To ensure privacy is protected between adjoining properties, the windows located on the western and southern building faces must:
have a minimum window sill height or 1.5 metres above floor level; or
be fitted with translucent glazing; or
be fitted with a fixed external screen.
The upper level balconies located on the southern facade of the apartment building must include either balcony planter boxes, balustrading or fixed external privacy screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property.
Communal Recreation Area/s
Communal recreation area/s must be provided as shown on the approved plans.
Safety and Security
All external lighting at entrances, pathways, emergency exits and other external locations must not result in light shed beyond the boundaries of the site and design and/or screened where necessary to prevent glare and light disturbance to neighbouring properties.
Individual unit numbers must be clearly signed.
All pathways and land used for outdoor recreation must have grades not exceeding 1 in 20, with paths having hard, slip resistant surfaces.
Site Access and Driveways
A sealed access driveway must be provided from Viewland Drive 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:
a driveway crossover generally in accordance with Council Standard Drawing RS-051
suitable safety measures to improve driver awareness of pedestrians and enhance pedestrian safety.
Car Parking
A minimum of six (6) car parking spaces must be provided and marked on the site and made available and accessible at all times. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
3 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use
2 staff parking spaces within the total, which are clearly marked for that purpose
1 disabled parking space/s within the total
1 emergency vehicle bay within the total
dimensions, crossfalls and gradients in accordance with Australian Standards AS/NZS2890.1:2004 and AS/NZS2890.6:2009
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.
Directional signage must be provided to direct visitors to the car parking spaces provided on site.
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 be generally in accordance with drawing number Q20-004-C01 Revision F titled Stormwater Drainage Layout Plan prepared by Neil McKenzie and Associates Pty Ltd dated 11 March 2021. The operational works application must include but not be limited to:
Certification from the Geotechnical Engineer that supports the design and makes specific comment regarding the proposed on-site infiltration system and the swale drain
Certification that states that if the works are carried out in accordance with the design plans the development of the site will not create a stormwater worsening on the adjoining downstream properties
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
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.
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.
Geotechnical Stability
All works must be carried out generally in accordance with the recommendations contained in the Report on Geotechnical Investigation – Project Number 95141.00 prepared by Douglas Partners dated January 2021 with the following additions:
The report must be amended to include specific reference to the proposed on-site infiltration system and the proposed swale drain;
Certification that states that if the works are carried out in accordance with the report the development of the site will not:
adversely impact on the stability of the subject site or
adversely impact on the stability of any adjoining land and/or structure erected on the adjoining land
The report incorporating the above amendments must be resubmitted to Council as part of any subsequent Development Permit for Operational Works*.
*(Refer to Advisory Note)
Prior to the commencement of the use certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the approved Geotechnical Report for the development and that the development will remain stable in the long term.
*(Refer to advisory Note)
Earthworks and Retaining Walls
All earthworks 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.
All earthworks and associated retaining structures/batters/anchors 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.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
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.
Stormwater Quality
The development must include a stormwater quality treatment system designed to achieve 80% reduction in Total Suspended Solids, 60% reduction in Total Phosphorous, and 45% reduction in Total Nitrogen compared to an unmitigated scenario, prior to discharge from the site.
The stormwater quality treatment system must be in accordance with an Operational Works approval for stormwater drainage and, the Queensland Urban Drainage Manual. The application for Operational Works Approval must demonstrate that:
all runoff can be filtered via vegetated areas prior to discharge from the site.
pollutant reduction predicted for the stormwater quality treatment train is designed in accordance with the Water by Design MUSIC modelling guidelines (Version 1) 2010.
Detail design plans for the stormwater treatment train, and submitted for the Operational Works approval, demonstrate the size of water quality improvement features are consistent with the MUSIC model, and are visually integrated into the development in accordance with the Water by Design Bio-retention Technical Design guidelines (Version 1.1) October 2014.
Any necessary retaining walls within bio retention basins must not exceed 0.8m in height. The operational works approval application must detail proposed rock finishing on any retaining walls, and these approved finishes shall be maintained for the life of the development. Raw finished concrete block retaining walls will not be approved.
The application for operational works approval must include the design for educational signage to be included within/alongside the bio-retention basin. Signage must follow a green and white colour pallet and state “This bio retention basin cleans stormwater runoff prior to its discharge to The Noosa River”.
Stormwater detention must be included in the stormwater treatment train design, and maintained to facilitate for stormwater flows discharging from the development to be consistent with pre-development characteristics.
Stormwater discharges are provided with a free draining outlet and connect to a lawful point of discharge in accordance with PSP6 Engineering Design Standards - Roads, drainage and earthworks
All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2012) - Maintaining Vegetated Stormwater Assets (Version 1). A copy of this document must be retained on the site together with the approved Operational Works drawings for the stormwater quality treatment system and a detailed life cycle costing of the system attached as an addendum.  Records of all maintenance activities undertaken must be kept and made available to Council upon request.
Any proposed Community Management Statement required for the development must include the Water by Design (2012) – Maintaining Vegetated Stormwater Assets (Version 1) document and must include the full cost of maintaining the system in accordance with that document.
Construction Traffic Management Plan
A 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
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads
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.
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details.
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling 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
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:
Reuse of Site’s Vegetation
The site contains some significant mature vegetation that will be removed as part of the site’s development and consideration should be given to its reuse such as making it available to local wood turning groups, using it on site as a feature piece or the like rather than mulching the timbers.
Cultural Heritage
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 to discuss any obligations under the ACH 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
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, Driveway, Stormwater, Car Parking
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,
Kerri Coyle
Manager Development Assessment

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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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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