Delegated Report - Impact - Planning MCU20 0022 · MCU20/0022

Author	Coordinator Planning, Patrick Murphy
Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0022
Applicant	Pace Planning Pty Ltd
Proposal	Material Change of Use - Visitor Accommodation - Type 3 Rural
Properly Made Date	25 March 2020
Information Request Date	24 April 2020
Information Response Date	13 August 2020
Decision Due Date	22 October 2020
Report Completed Date	20 October 2020
Number of Submissions	0

PROPERTY DETAILS
Property Address	292 Illoura Place Cooroibah Qld 4565
RP Description	Lot 7 RP 858525
Land Area	3.777ha
Existing Use of Land	Rural residential land with a dwelling

STATUTORY DETAILS
SEQRP Designation	Rural Living Area
Locality	Cooroibah
Zone	Rural Settlement
Overlays	Biodiversity Overlay – Riparian Buffer, Environment Protection and Schedule 7 (Habitat Regrowth) Natural Hazard Overlay – Bushfire, Flooding and Acid Sulfate Soils
Assessment Type	Impact (Noosa Plan 2006)
PROPOSAL
The application seeks approval for a Material Change of Use - Visitor Accommodation - Type 3 Rural. Specifically the application seeks to develop 3 x 2 bedroom cabins each of which is approximately 95m2 in area to be used for the purpose of Visitor Accommodation Type 3 Rural.
It is proposed to develop the three cabins central to the site outside of the Riparian Buffer and areas subject to flooding. A car space is provided for each cabin within proximity of each cabin and it also proposed to provide additional car parking adjacent to the front boundary.
The application material included:
Proposal plans;
Vegetation Management Report;
Bushfire Management Plan;
Engineering Plans; and
Effluent Disposal Review
The plans detail a new dwelling to be constructed on the site, the dwelling does not form part of this application as it is self-assessable development and is being constructed under a Building Permit.
The following images provide a Locality Plan plans of the proposed development.

Figure 1: Locality Plan

Figure 2: Site Plan

Figure 3: Part Site Plan

Figure 4: Cabin Floor Plan

Figure 5: Cabin Elevations

site details
Background
There are no recent planning approvals related to the subject site. Building approvals were issued in February and May for a shed and dwelling respectively.
Site Description
The site is approximately 3.777ha in area and situated adjacent to the intersection of Illoura Place and Woodhaven Way. The site is accessed via a broad road reserve with riparian vegetation located to the front of the site. An unmade driveway is situated along the eastern boundary of the lot previously providing access to a centrally located dwelling and sheds to the rear of the site.
Apart from the dense vegetation towards the front of the site, scattered vegetation is located central and to the rear western extent of the site. The vegetation comprises native melaleuca bushland with large gum trees over higher contours, groundcover includes short/ long pasture grasses.
The topography of the site is characterised by a slope which extends up from the front and western side of the site to its highest point midway along the eastern boundary.
Surrounding Land Uses
North: Illoura Pace and rural residential dwellings which are significantly less in area than the subject site.
South: Illoura Bushland Reserve, extensively vegetated site of approximately 10.5ha in area
East: Two rural residential properties share the common boundary.  The nearest dwelling is located approximately 125 metres from the common boundary. Each lot includes areas with extensive vegetation coverage with the remainder or the sites containing scattered vegetation.
West: Illoura Bushland Reserve, extensively vegetated site of approximately 10.5ha in area

assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017
The Noosa Plan 2006.

State Planning Policy
The Noosa Plan (2006) is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Rural Living Area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for a tourist activity which complies with the provisions for the Rural Living Area outlined in the Planning Regulation 2017.

The following codes from the Noosa Plan 2006 are applicable to this development:
Cooroibah Locality Code
Visitor Accommodation Code
Biodiversity Overlay Code
Natural Hazard Overlay Code
The subject site is located in the Cooroibah Locality and is zoned Rural Settlement. The proposed use is identified as a consistent use with the zone and is required to follow an impact assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:

Criteria	Planning Scheme	Proposal	Complies
Site Area	4ha	3.77ha	x
Site density	2 cabins per hectare	0.8 cabins per hectare	
Adjoining property separation	40 metres from common boundary	Cabin 1: 15 metres Cabin 2: 50 metres approx. Cabin 3: 20 metres	x
Site cover	Not specified	Less than 2%	
Building height storeys metres	2 storeys max 8 metres	1 storey 4.1 metres	
Boundary setbacks Frontage Side (east) Side (west) Rear	10 metres min 10 metres min 10 metres min 10 metres min	110 metres approx. 15 metres 15 metres More than 200 metres	
Carparking	1 space per cabin; and 1 additional space	1 space per cabin plus additional proposed adjacent to front boundary	

The application has been assessed against applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Visitor Accommodation Code
Table 14-36 of the Visitor Accommodation Code for Type 3 – Rural Accommodation is relevant and specific for the subject use.

Probable Solution 35.1 states:

S34.1 	Rural accommodation is located on sites—
a) 	located in the Rural Zone or Rural Settlement Zone; and
b) 	which have an area of at least 4 ha
The site area of the subject site is 3.77ha and therefore is marginally less than the minimum 4ha required by the Probable Solution. The minor variation to the minimum lot area will not unduly impact on the amenity of the rural area noting that the development is screened from the streetscape due to the existing vegetation with the distance from the cabins to the nearest dwelling being approximately 125 metres.

Probable Solution 36.1 and S36.2 state:

S36.1	 Rural accommodation buildings are—
a) 	situated no less than 50m from Agricultural Uses on an adjoining property; and
b) 	situated no less than 40m from the property boundary of any adjoining lot; AND

S36.2 	Rural accommodation is located so as not to overlook the living areas of neighbouring properties

The development seeks setbacks less than 40 metres with setbacks for cabins 1 and 3 being 15 and 20 metres to the eastern side boundary. Despite not complying with the Probable Solution the proposal is considered to meet the Specific Outcome as:
Significant separation of approximately 125 metres is provided to the dwelling on the adjoining lot to the east,
The setback is consistent with the setback of the old dwelling on site and also setback of the new dwelling which is currently under construction which is located closer to the existing dwelling on the adjoining lot;
The cabins are located closer to the new dwelling than any dwelling on an adjoining lot and it is reasonable to expect that the permanent resident will ensure that their own amenity is retained;
Access to the cabins is to be via the existing driveway which is located adjacent to the eastern boundary;
An existing vegetation buffer is situated on the adjoining property to the east adjacent to the common boundary;
Sufficient separation is provided between the cabins and the adjoining dwelling, also noting that the adjoining dwelling is located on land approximately 2 metres higher than the cabins, to restrict overlooking; and
No objections have been received to the proposal.

Probable Solution 37.1 is also relevant to the assessment and states:
S37.1 Buildings and other structures —
a) 	take the form of small separate buildings which are visually separated;
b) 	comprise a mix of lightweight (low mass) and textured external materials, such as timber cladding and corrugated iron roofs;
c) 	reflect the line, form, colour and texture found in the existing landscape and do not replicate artificial or imported themes;
d) 	use muted earth/environmental tones that blend with the rural and/or natural environment; and
e) 	incorporate low reflective roofing.
The cabins demonstrate compliance with S37.1 a), b), and e).  The applicant has not provided the colour of the cabins accordingly a condition will be included which requires the cabins to be painted muted environmental tones to ensure they will complement and blend into the rural and natural character of the area and comply with the built form intent of the code.
Bushfire
Some of the vegetation to the rear of the site is identified as High and Medium Potential Bushfire Intensity. The areas where the cabins are to be located is identified as Potential Impact Buffer. See Figure 6 below.

Figure 6 – Aerial showing the extent of the Medium Bushfire Overlay.
The applicant has provided a suitable report which addresses bushfire risk. Conditions are included to ensure the development is consistent with the approved bushfire management plan, this includes the provision of a bushfire evacuation plan prior to the issuing of a Development Permit for Operational Works.

Riparian Buffer
Access and part of a proposed car park area to the front of the site are located in the Riparian Buffer area. Bushfire Asset Protection Zones are located in the un-vegetated portion of the riparian buffer zone.
The existing and proposed access is through the riparian area adjacent to the eastern boundary. The Bushfire Management Plan requires 6 metre cleared access, it is noted that exempt clearing for bushfire access is up to 10 metres. The proposed car park to the front of the site is discussed further later in this report.
A condition has been included to retain native vegetation within the Riparian Buffer, thus achieving compliance with:
Overall Outcome 13.7.2 a (iv) and c of the Biodiversity Overlay Code:
13.7.2 a (iv)
the extent and condition of native and remnant vegetation, including ecologically important areas, wetlands and areas of significant regrowth of local origin;
13.7.2 c
Ecologically important areas, wildlife corridors, ecological linkages and riparian vegetation are conserved, managed, enhanced and rehabilitated to ensure the long term ecological viability, integrity and sustainability of native flora and fauna species, and to improve biodiversity, landscape stability, and resilience;
Effluent treatment and disposal
The applicant has provided a site specific effluent disposal report which demonstrates appropriate water treatment and land application area for the site can be achieved. The required plumbing approval would ensure suitable effluent disposal area/s are provided, so no negative impact on the natural environment is foreseen.
Access.
The existing access is in a degraded condition and the associated culvert drainage is substantially blocked. It has been suggested to Council that the driveway redirects overland flow that should remain in the verge on to the road formation. The formation at this point is adjacent to a significant bend and additional water on the surface may create a safety hazard. It is evident from a site inspection that this situation would occur during significant rain events. It is recommended that the existing access be reconstructed in accordance with Council’s standard drawings and the verge area be shaped to ensure that stormwater runoff is not directed on to the road formation. A suitable condition has been included.
Internal driveway
There is a significant distance between the carparking area at the front of the site and the first cabin car space (CP1). Council has concerns with the potential for conflict between vehicles entering and exiting along this section of drive. While it is acknowledged that it will be a low speed environment the proposed cross section is not sufficient and a passing bay is required. A suitable condition has been included.
Carparking
The Driveways and Carparking Code requires 1 space per cabin and 1 additional space per 10 cabins or part thereof. One space has been provided per cabin adjacent to the internal driveway, located near and between cabins 1 and 3, an additional 4 spaces have been provided to the front of the site. The additional 4 spaces to the front of the site are setback 750mm from the front boundary. The applicant proposes these spaces to allow for guests to park cars, boats etc with the intention that the ambience around the cabins is not impacted by park vehicles. However, there is insufficient area between the car park area and the front boundary to sufficiently screen the car parking area. This will result in the carparking area being highly visible and is not preferred with regards to streetscape and visual amenity.
It is noted that:
an overhead power line runs across the frontage that limits the potential for plantings in the road reserve, and
while it is acknowledged that there is vegetation in the road reserve between the power lines and the road formation the proposed carparking area will be clearly visible to vehicles travelling from the east.
Whilst the applicant is proposing an additional 4 car parking spaces it is noted that only one additional space is required. Accordingly, a condition of the approval will require at least one additional car space be provided to the west of the Riparian Buffer with the Site Plan annotated to reflect this.
The applicant has been advised that the car parking area to the front of the site is not supported and has requested that this be amended to a turnaround area. It is unclear as to why a turnaround area is required in this location as all vehicle parking will be internal to the site and sufficient area is located away from the front boundary and west of the Riparian Buffer for vehicles to turn around.

NOOSA PLAN (2020)
The proposed use would classified as Short-term accommodation under new Noosa Plan, this use is a consistent use subject to impact assessment as the criteria for code assessment are not met.

The Visitor Accommodation Code reduces the density of cabins permitted from 2 to 1 cabin per hectare and also reduces the permitted cabin size from 100m2 to 65m2 whilst setback requirements are amended such that there is no prescribed setback to adjoining rural/rural residential zoned land. The Sustainable Building Design Code introduces a number of requirements which seeks for development to be sustainable with minimal environmental impact and maximum human comfort an incorporating energy and water efficiency requirements.

The extent of the Riparian Buffer is expanded under the new Noosa Plan such that the area occupied by the cabins is within the Riparian Buffer.

cONSULTATION
Referral Agencies
The applicant was not required to be referred to any Referral Agencies.
Other Referrals
The application was forwarded to the following internal Council officers:
Engineering, Development Assessment
Ecology, Development Assessment

Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. No 0 properly made submissions were received.
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.

RECOMMENDATION
With regard to Application No MCU20/0022 for a Material Change of Use - Visitor Accommodation - Type 3 Rural situated at 292 Illoura Place Cooroibah and described as Lot 7 RP 858525, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU20/0022
Street address:	292 Illoura Place Cooroibah Qld 4565
Real property description:	Lot 7 RP 858525
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Visitor Accommodation - Type 3 Rural (3 Cabins)
CURRENCY PERIOD of approval
The currency period for this development is included in the following conditions.
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
190218a Sheet 2	E	Site Plan, drawn by G.J Gardner Homes as annotated by Council	11.08.2020
190218a Sheet 3	E	Site Plan Detail, drawn by G.J Gardner Homes as annotated by Council	11.08.2020
0920CAC Sheet 3	-	Floor Plan, prepared by Accolade Building Designs	22.09.2020
0920CAC Sheet 4	-	Elevations, prepared by Accolade Building Designs	22.09.2020
19352	-	Bushfire Management Plan prepared by Wollemi Eco-Logical	13/03/2020
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 20 October 2026, 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.
Building Design
The cabins and associated structures must be finished with muted tones that blend with the surrounding natural environment.
Nature and Extent of Approved Use
The total number of cabins on the site must not exceed 3.
The approved use must be used for short term visitor accommodation only. The cabins must not be occupied by persons for the purpose of permanent accommodation.
The site must not be used for events, functions or the like (e.g. weddings, parties, festivals etc.)
No cabin is to be located within the Riparian Buffer, as identified in the Noosa Plan (2006)
Water Supply
The development must be provided with a potable water supply connected to each cabin.
The storage capacity of the potable water supply must be a minimum of 4000 litres per cabin.
Waste Water Treatment and Disposal
The development must be provided with on-site waste water treatment and effluent disposal systems having a capacity sufficient for the use*. Effluent disposal from the development must be provided in accordance with Council’s applicable codes and guidelines and in compliance with relevant standards. No effluent disposal area is to be located within the Riparian Buffer identified by the Noosa Plan 2006.
*(Refer to Advisory Note)
ENGINEERING CONDITIONS
Site Access and Driveways
A sealed access driveway must be provided from Illoura Place 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:
The access located generally in accordance with drawing number 075-001-101 Revision B prepared by BAX Engineering dated 29 June 2020
a driveway crossover generally in accordance with Council’s standard drawing RS-056 together with any associated addendum
reshaping of the adjacent verge area to ensure that stormwater runoff is not directed on to the road formation or any adjoining property
The internal access driveway must be constructed in accordance with an Operational Works approval and must include in particular:
An access driveway generally in accordance with drawings numbered 075-001-103 Revision B, 075-001-104 Revision B, 075-001-105 Revision B and 075-001-106 Revision prepared by BAX Engineering dated 29 June 2020
A passing bay, with a minimum width of 5.5m and with suitable tapers, constructed approximately midway between the front carparking area and carspace CP1 and outside of any vegetated area
Signage near the entrance to the site advising exiting vehicles to “Give Way” to entering vehicles
Car Parking
A minimum of 4 car parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Car spaces generally in accordance with the approved plans, with the exception of the 4 additional spaces located adjacent to the front boundary which are not approved.
All car spaces must be provided to the west of the Riparian Buffer.
crossfalls and gradients in accordance with Australian Standard AS2890.1:2004
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 and customers to the car parking spaces provided on site.
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.
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 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.
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.
ECOLOGICAL EONDITIONS
Riparian Buffer Area
No development is permitted in the mapped riparian buffer area (Noosa Plan 2006), except for:
the provision of a maximum 6m wide access as per approved Bushfire Management Plan, including services adjacent to the eastern boundary.
A passing bay as required by condition 15
Implementation of the Asset Protection Zones as described in the approved Bushfire Management Plan
Any landscape screening required to be provided by these conditions.
A “no clearing zone” must be established and maintained over the area identified as Riparian Buffer on the Approved Plans. This area must be clearly marked out on site during construction activities. The following activities must not be carried out within the no clearing zone:
clearing, cutting down, poisoning, lopping or pruning of native vegetation which is indigenous to, or planted within, the zone
soil/spoil dumping and/or compacting
placement of any material, vehicle or alike soil excavation, other than for planting indigenous native plants.
The following exceptions apply:
works authorised by this permit.
declared plants under the Land Protection (Biodiversity Act 2014 and sub-ordinate Regulation 2016).
Plants listed in Noosa Local Government Area Pest Management Plan 2015-2019.
indigenous native trees which pose a well-founded threat to persons or property as approved in writing by Council.
implementation of the approved Bushfire Management Plan.
undertaking vegetation maintenance activities.
controlled bushfire burns to maintain ecological processes subject to submission of a Bushfire Management Plan and agreed in writing by Council.
Bushfire Management
The development must be carried out in accordance with section 4 of the Bushfire Management Plan report listed within this Decision Notice, with the following amendments included:
Provision of the screening local native vegetation to the eastern boundary.
A bushfire evacuation plan for the site must be prepared by a qualified person*
The report must be resubmitted to Council incorporating the above amendments prior to the issue of any Development Permit for Operational Works.
*(Refer to Advisory Note)
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the bushfire management conditions of this Decision Notice, prior to the commencement of use.
*(Refer to Advisory Note)
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Planning Scheme Policy 3 Landscaping Plants and Guidelines, prepared by a qualified person*,and must include in particular:
An average of 2 metre wide landscaping strip along the eastern boundary of the subject site, exclusive of the access driveway, generally uncompromised by infrastructure items.
The 2 metre wide landscaping strip described above must commence 15m north of cabin 1 and finish no less than 15m south of cabin 3.
Retention of existing local native vegetation which provides visual screening of the cabins from the adjacent property.
Screening vegetation between each cabin, where not conflicting with prescribed asset protection zones as document in the approved Bushfire Management Plan.
*(Refer to Advisory Note)
All landscape works must be established prior to the commencement of use 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.
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:
COVID-19
This development approval has been issued during the COVID-19 applicable event declared under 275F of the Planning Act 2016.
The period for undertaking the approved development may be subject to a further extension of 6 months under section 275R of the Planning Act.
Qualified Person
For the purpose of preparing a Landscape Plan, a qualified person is considered to be a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
For the purpose of preparing a Bushfire Management Plan, and for certifying compliance with the bushfire requirements of this Decision Notice, a qualified person is considered to be an ecologist with a minimum of 3 years current experience in the field of bushfire assessment and management.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
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.
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:
Machinery and construction staff parking
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe pedestrian and vehicle access across the frontage of the site both during daily construction and after daily construction has ceased.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (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 on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Waste Water Treatment and Disposal System
The establishment of a waste water treatment and disposal system for the site requires a Compliance Permit to be obtained from Council under the Plumbing and Drainage Act 2002. The system must be designed in accordance with the Queensland Plumbing and Wastewater Code (Department of State Development and Infrastructure & Planning, 2007) and Australian Standard AS/NZS1547: 2000 “On-site Domestic Wastewater Management” or an alternative solution approved through Council’s Building and Plumbing branch. Where a development exceeds the accommodation or use of 21 or more equivalent persons a copy of an Operator’s Licence from The Department of Environment & Heritage Protection will also be required.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
property notes
MCU20/0022– No Clearing Zone
A “no clearing zone” applies to this property for the purpose of vegetation protection. The landowner must maintain the property in accordance with the ecological preservation conditions of Council Approval MCU20/0022.
MCU20/0022– Bushfire Management
To ensure the safety of people and property on this property is maintained, all buildings and structures must be sited and/or constructed in accordance with the bushfire management conditions of Council Approval MCU20/0022 and associated Operational Work approvals.
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	Access, Internal Roadways, Carparking and Landscaping
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.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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