Decision Notice - Approved by Delegation of Authority DBW21 0106

Officer: 	Wilhelm Koschade
Direct Telephone: 	07 53296540
Our Reference:	DBW21/0106
Your Reference:	0289
7 October 2021
Ms JA Scott, Mr MS Scott, Pivotal Perspective Pty Ltd
34 Wynnum North Esp
WYNNUM  QLD  4178
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 29 September 2021, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	DBW21/0106
Street address:	12 Royena Pl Marcus Beach Qld 4573
Real property description:	Lot 352 MCH 4884
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Building Works - Dwelling House
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
DA4.1	C	East Elevation, prepared by Sparks Architects	22.07.21
DA4.2	C	North Elevation, prepared by Sparks Architects	22.07.21
DA4.3	C	West Elevation, prepared by Sparks Architects	22.07.21
DA4.4	C	South Elevation, prepared by Sparks Architects	22.07.21
DA5.1	C	Section A, prepared by Sparks Architects	22.07.21
DA5.2	C	Section B, prepared by Sparks Architects	22.07.21
DA5.3	C	Section C, prepared by Sparks Architects	22.07.21
DA5.4	C	Section D, prepared by Sparks Architects	22.07.21
DA5.5	C	Section E, prepared by Sparks Architects	22.07.21
DA5.6	C	Section F, prepared by Sparks Architects	22.07.21
DA3.1	A	Location Plan, prepared by Sparks Architects	20.04.21
DA3.2	A	Site Plan, prepared by Sparks Architects	20.04.21
DA3.3	A	Ground Floor – Lower-Level Plan 1, Prepared by Sparks Architects	20.04.21
DA3.4	A	Ground Floor – Lower-Level Plan 2, Prepared by Sparks Architects	20.04.21
DA3.5	A	Ground Floor – Upper Plan 1, Prepared by Sparks Architects	20.04.21
DA3.6	A	First Floor Plan, Prepared by Sparks Architects	20.04.21
DA3.7	A	Roof Plan, Prepared by Sparks Architects	20.04.21
Currency Period
This development approval lapses if the use has not happened by 7 October 2024, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 8.0 metres above the finished ground level and the natural ground surface.
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.
Landscaping
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.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to 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.
Coastal Protection
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Earthworks and Retaining Walls
All earthworks and associated batters/retaining structures, both above and below ground level, temporary or 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.
All earthworks must be carried out in accordance with the Geotechnical Report, reference PG-5649, 2021-03-22, GLR Ver 2 prepared by Pacific Geotech Consulting Geotechnical Engineers dated August 2021
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:
a.         where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
b.         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.
Construction Management Plan
A Construction Management Plan must be submitted to Council for approval prior to the issue of the building permit. The plan must include but not be limited to the following:
a.         traffic management during all aspects of the construction phase including:
i.          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
ii.         maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
iii.        proposed fencing to the site during the construction phase of the development
iv.        provision for worker car parking
b.         maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
c.         works programme identifying key components of the works and their respective durations
d.         establishment of a communication protocol with the general public, adjoining owners and emergency services
e.         identification of complaint management procedures including:
i.         contact details for the on-site manager
ii.        dispute resolution procedures
f.          details on the location of external fill/dump 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
Additional information required
A waste management plan for demolition, in accordance with the requirements of Planning Scheme Policy PSP9 Waste Management, is to be provided to Council for approval prior to the issue of the development permit for building works.
Codes of development
Unless specifically conditioned otherwise, all demolition works must comply with the relevant acceptable solutions as contained in the Waste Management Code and Water Quality and Drainage Code of the Noosa Plan.
Performance Bond
Security to the value of $5,000 must be provided to Council’s Building and Plumbing Services prior to the issue of the development permit for building works. The security must be in the form of a cash bond or bank guarantee, for security against satisfactory completion of works.
The lodgement of security will attract a separate administration fee which must be paid at the time of lodgement of the security.
Protection of infrastructure
Infrastructure including reticulated water, sewerage, stormwater, and electricity must be protected from damage and made safe to the standard required by the regulatory authority.
Where required, a temporary crossing must be provided to protect road reserve infrastructure including kerb and channel.
NOTE: A Road and Footpath permit may be required prior to the commencement of work.  For further information, please contact Council’s Customer Service on 5329 6500.
Any damage to footpaths, street plantings, natural vegetation/trees, kerb and channel, bridges or roadways at the removal/demolition site must be repaired or reinstated to at least pre-existing conditions.
Waste Management
Adequate area must be provided on-site for the collection and separate storage of recyclable, non-recyclable, vegetative and hazardous materials in their specific waste streams during removal or demolition works.
All waste materials must be removed from the site to avoid causing unhealthy conditions, with the site left clean, tidy and free from any debris.
Where a development permit has not been issued for the future use of the site, hard surfaced areas including concrete slabs must be removed and disturbed areas must be revegetated in accordance with PSP2 Landscaping of the Noosa Plan 2020.  Alternatively, the site must be turfed within 20 business days of completing the removal or demolition work.
Water Quality and Drainage
Erosion and sediment control is to be undertaken in accordance with the requirements of the Water Quality and Drainage Code of the Noosa Plan.  Measures are to be installed and/or maintained until soils are stabilised by vegetation or sealed.
NOTE: It is an offence under the Environmental Protection Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage system (e.g. roadside gutter).
Health and Safety
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging, are removed from the building prior to demolition or relocation.
Removal of building materials containing asbestos must be undertaken by a licensed asbestos removalist.
All building materials containing asbestos products are wrapped and disposed of in accordance with the Public Health Regulation 2006 and the Environmental Protection Regulation 2008.
NOTE: Asbestos is a Regulated Waste. The Department of Environment & Science licenses businesses that transport asbestos waste, and landfills that accept this waste.
Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011 requires a licensed asbestos removalist to give notice to Workplace Health and Safety Queensland (WHSQ) of licensed asbestos removal work at least five days before the work commences. Notification must be made using Form 65: Notification of licensed asbestos removal work, demolition work or emergency demolition.
Plumbing and Drainage
The ‘Plumbing and Drainage Regulation 2019’ states that at demolition or removal of a building requires the existing sanitary drain upstream from the connection point for a service provider’s sewerage system must be sealed water tight. This work is deemed as Notifiable Work and must be carried out by a suitably licenced plumber who shall submit an As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building Construction Commission) within 10 days of completing the work.
referral agencies
There are no referral agencies for this development application.
However, given the proposed building works and the further development permit required, under section 57 of the Planning Act 2016, Council as the referral agency provides the following early referral response:
Referral Status	Referral Agency and Address	Referral Trigger	Response
Concurrence	Noosa Council PO Box 141 TEWANTIN  QLD  4565	Planning Regulation 2017, Schedule 9, Part 3, Division 2 - Table 7 – Building Work for Removal or Rebuilding	The conditions contained within this decision notice are to be taken as the Referral Agency conditions.

Pursuant to section 54(4) of the Planning Act 2016, you will not be required to refer your building works application to Council for a further Referral Agency Response for this matter if:
(a)	you submit this Referral Agency Response in its entirety, including all referenced plans and documents, when making the application to the Assessment Manager; and
(b)	there are no changes to the proposal that was presented to Council; and
(c) 	all relevant DBW conditions have been satisfied.
In accordance with Council’s jurisdiction as a referral agency, the proposal has been considered and it has been determined that the security amount identified in this response is appropriate for the proposed development.
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
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
All activities associated with the removal or demolition must be contained within the property boundaries at all times with site gateways opening inwards and at approved locations only.  If the works cannot be contained within the site, a road and footpath permit must be applied for.
This decision notice does not approve or authorise the removal/clearing of vegetation from the site.
Release of the security will be subject to the following: -
Satisfactory final building site inspection by Council;
Confirmation that all conditions stated have been met;
Receipt of the Form 21 Final Inspection Certificate; and
Receipt of the Form 4 (Notifiable Works Form) or Compliance Certificate for the decommissioning of the on-site wastewater treatment system.
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.
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,

Wilhelm Koschade
Development Planner

Enc:	Appeal Rights
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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