Preliminary Approved Decision Notice - MCU22 0032

Officer: 	Jada Lyons
Direct Telephone: 	07 53296527
Our Reference:	MCU22/0032
Your Reference:	n/a
30 August 2022
SE Meldrum
C/- Pivotal Perspective Pty Ltd
95/3 Hilton Tce
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 24 August 2022, Council decided to approve the application and issued a preliminary approval only, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU22/0032
Street address:	4 Tristania Dr Marcus Beach Qld 4573
Real property description:	Lot 101 M 11112
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 - Dwelling House
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 00.0 – 09.0 prepared by Paul Clout Design and dated 15 June 2022. These plans must be amended in accordance with the conditions.

Amended plans must be submitted to Council prior to any further development applications being made and must include the following to the reasonable satisfaction of the Manager, Development Assessment:
An easement for drainage purposes registered in favour of Council against the title of the subject site. The easement must:
be centrally located on the surveyed location of the drainage line that traverses through the site
be a minimum of 1.5m or the “zone of influence” / depth=width criteria whichever is the greater
include terms that refer to Council’s standard terms document No 715597508
The setbacks to the front, rear and side boundaries, as detailed on the plans numbered 00.0 – 09.0 prepared by Paul Clout Design and dated 15 June 2022, must not be decreased.
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface, except for the roof area of the upper-floor outdoor terrace.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
This development approval lapses if the use has not happened by 24 August 2028, unless an application to extend the currency period is approved by Council.
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 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.
A minimum of 20% of the site must be retained as soft landscaping.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
A sealed access driveway must be provided from Tristania Drive to all parking 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’s Standard Drawings RS-049 and RS-050 together with any associated addendum.
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  Stormwater discharged from the site must be discharged to the kerb and channel in Tristania Drive.
Kerb adaptors must be installed in the kerb at the discharge points and the maximum discharge permitted at any one location is 25l/sec.
An easement for drainage purposes must be registered in favour of Council against the title of the subject site. The easement must:
be centrally located on the surveyed location of the drainage line that traverses through the site
be a minimum of 1.5m or the “zone of influence” / depth=width criteria whichever is the greater
include terms that refer to Council’s standard terms document No 715597508
The easement must be granted prior to the commencement of any works associated with this approval.
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.
All works must be carried out in accordance with the recommendations contained in the Geotechnical Report – reference no: 220061 prepared by Lindsay Consulting Pty Ltd dated 25 March 2022.
At the completion of the development works certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the recommendations contained in the Geotechnical Report – reference no: 220061 prepared by Lindsay Consulting Pty Ltd dated 25 March 2022 and that the development has a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
All earthworks and associated retaining structures/batters, both above and below ground level, both temporary and permanent, 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.
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.

referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 4, Division 3, Table 1 (Planning Regulation 2017) (Contaminated Land – Unexploded Ordnance)	The agency provided its response on 23 May 2022 (Reference No. 2204-28569 SRA). 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:
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
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.
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 Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years’ experience in the field of geotechnical engineering or engineering geology.
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:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe vehicle and pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
Development Permit for Material Change of Use	Dwelling House
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,

Jada Lyons
Assistant Development Planner

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

cc.	SARA at DILGP
Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/
(for assistance, contact DILGP at 5352 9701 or email [email protected])

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	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
				Page 1 of 11

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Queensland
Sonernment

SARA reference: 2204-28560 SRA
(Council eference: — MCU220032

23 May 2022
Chief Executive Officer
‘Noosa Shire Council
POBox 141

TEWANTIN QLD 4565
‘[email protected]

Attention: Patrick Murphy

Dear Mr Murphy

SARA response—4 Tristania Drive, Marcus Beach
(Referral agency response given under section 58 ofthe Planning Act 2016)

“The development application described below was confirmed as property referred by the State
‘Assessment and Referral Agency (SARA) on 4 May 2022.

 

 

Response

‘Oateome: FReferal agency response — wih conditions

Date of response: 23 May 2022

Coneitions: “The conditions in Attachment 1 must be attached to any
development approval

Avie: ‘Advice to the applicants in Attachment 2

Reasons: “The reasons forthe referral agency response are in Attachment 3

Development details

Description ‘Development Permit Material Change of Use for Dweling House

‘SARA role: Referal agency

‘SARA tigger: ‘Schedule 10, Pat 4, Division 3, Table 1, lem 1 (10.4.3.1.1)—
Contaminated land (unexploded ordnance) (Planning Regulation 2017)

‘SARA reference: 2204-28569 SRA

‘Assessment manager: Noosa Shire Counc

‘South East Qucnsland (North regional ffce

Nike Ahem Bulan, Level 12 st Avenue, Marcochy.

Page tof PO or 1122, Maocchycore QLD 4228

 


[Attachment: image4.png (image text)]
‘Street address:
Real property description:
Applicant name:

Applicant contact details:

Representations

‘a. 20600 SRA

‘4 Tristania Drive, Marcus Beach
Lot 101 on M11112

'S Meldrum

Ci. Pivotl Perspective Pty Lid
410 Shields Street

TEWANTIN QLD 4565
[email protected]

 

“Bn applicant may make representations fo a concurrence agency, at any Ume betore the application =
decided, about changing a matter in the referral agency response (s.30 Development Assessment
Rules). Copies ofthe relevant provisions are in Attachment 4.

‘A copy of ths response has been sent to the applicant for their information.

For further information please contact Rose Dagg, Senior Planning Officer, on 07 3452 7726 or via email
‘[email protected] who will be pleased to assist

‘Yours sincerely

David Hooper

ce SE Meldrum, [email protected]

lene Attachment 1 - Rafer ageney conditions
‘Astachmant 2- Advice tothe applicant
‘Astachmant 3- Reasons for efral agency response:
‘Astachmant 4 Representations abouts referral agency response provisions

‘State Aasessmant an Refer Agnoy

Paget

 


[Attachment: image5.png (image text)]
 

Attachment 1—Referral agency conditions

a0. 28500 SRA

 

[Under secon G5( IOV) othe Panning Act 2076 the folowing conditions must be stashed t any Gevalopment

‘approval eating to this application)

 

No. | Conditions

‘Conaition|
‘timing

 

the folowing condition:

10.4.3.1.1—Contaminated premises (unexploded ordnance)—The chief executive administering the
Planning Act 2016 nominates the Director-General ofthe Department of State Development,
Infrastructure, Local Govemment and Planning to be the enforcement authority forthe development to
Which this development approval relates for the administration and enforcement of any matter relating to

 

unexploded ordnances.

‘The UXO Panel is found online at:
ew. defence gov aulestatemanagement/su

 

 

1.__| Provide written confirmation to the Department of State Development,
Infrastructure, Local Govemment and Planning by an approved contractor on

the Australian Government, Department of Defence, Unexploded Ordnance

(UXO) Panel thatthe subject ste has been remediated and cleared of

5idenp/WhoToEngade a

Prior tothe
‘commencement
of works

 

 

‘State Aasessmant an Refer Agnoy

Paget

 


[Attachment: image6.png (image text)]
a0. 28500 SRA

Attachment 2—Advice to the applicant

 

 

 

General advice

 

1

“Terms and phrases used in this document are defined in the Planning Act 2076 its regulation or
the State Development Assessment Provisions (SDAP), version 3.0. Ifa word remains
Undefined it has its ordinary meaning,

 

 

Provide the owner, occupier and any person employed to work on the subject site the following
information:

(@) Residual UXO may stil exist following remediation and all work should proceed with due
caution,

(©) The procedure to be folowed by any person finding an object suspected of being explosive
‘ordnance or component thereof

i. advise the Police immediately
ii. donot distur the object
take action, where appropriate, to prevent itbeing disturbed
(6) Another person:
i. note its approximate dimensions and general appearance
ii. note the route to its location

Applicants wanting to find out more details of area management advice (AMA), current UXO
investigations and remedial search contractors, may use the following websites:

Department of Environment and Science — httos:/wiw.des.ald.aov. aul

‘Commonwealth Department of Defence — httouwww.defence.qov.auluxal

 

 

‘State Aasessmant an Refer Agnoy Pages ot

 


[Attachment: image7.png (image text)]
a0. 28500 SRA

Attachment 3—Reasons for referral agency response
(Given under secon 557) the Panning Act 2076)

 

‘The reason for SARA'S decision is:
‘The development complies with State code 13: Unexploded ordnance ofthe SDAP. Specifically the
<development application can be conditoned to ensure that risks associated wih unexploded ordnance
‘are appropriately managed to protect human health and the envionment.

Material used inthe assessment ofthe application:

‘+ the development application material and submited plans

+ Planning Act 2016

‘+ Planning Regulation 2017

‘+ the SDAP (version 3.0), 28 published by SARA

‘+ the Development Assessment Rules

‘+ SARADA Mapping system

+ Human Rights Act 2019,

Attachment 4—Representations about a referral agency response
provisions

 

(c20eleinenéonaly bank)

‘State Aasessmant an Refer Agnoy Pages of


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ee) NOOSA COUNCIL