Negotiated Decision Notice RAL21 0003

Officer: 	Blake Coulston
Direct Telephone: 	07 53296420
Our Reference:	RAL21/0003 : JELDER
Your Reference:	208516
2 July 2021
Total Concept Homes P/L
C/- Cadcon Surveying & Town Planning
PO Box 5774
MAROOCHYDORE BC  QLD  4558
[email protected]
Dear Sir/Madam,
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On 2 July 2021, Council decided your representations. This negotiated decision notice replaces the decision notice of 30 April 2021.
Details of the negotiated decision are as follows:
APPLICATION details
Application No:	RAL21/0003
Street address:	108 Black Mountain Range Rd Black Mountain Qld 4563
Real property description:	Lot 2 RP 131369
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
decision details
Council on 30 April 2021, decided to issue the following type of approval:
Development Permit to Reconfigure a Lot (1 lot into 2)
In relation to representations, Council on 2 July 2021 decided to:
A.	Agree to amend conditions 5, 7 and 9.
currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
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
208516-04-01	A	Proposal Plan	01/03/2021
208516-04-02	A	Proposal Plan – lot 2 Detail	05/03/2021
-	-	Slope stability Assessment	22/03/2021
-	-	Ecological Report	-
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Covenant
A vegetation protection covenant must be registered against the titles of the properties over the land area shown and identified in green on drawing titled Site Meeting Outcomes JPG/02-06-2021 on the subject site pursuant to Section 97A of the Land Title Act 1994. A metes and bound description of the covenant area on an amended survey plan must be lodged with the application for plan for sealing. The covenant document and a survey plan must be submitted to Council for endorsement prior to lodgement with the relevant titles authority for registration of title.  The covenant document must:
incorporate the requirements of this Decision Notice
include Noosa Council as Covenantee
reference Queensland Land Title Registry Standard Terms Document No. 715597513.
d. 	The covenant document will reference a Vegetation Management Plan to be submitted as part of an Operational Works application. Amongst other things the VMP will address:
The right of the landowner to continue to utilise and maintain the two existing dams and dam walls on the property.
The right of the landowner to have electricity within the covenant for the purpose of dam pumps
Works within Protected Land
The following works must be undertaken within the land to be covered by the vegetation protection covenant:
Clearing and control of declared plants under the Biosecurity Act 2016, and any Council Listed Environmental Weeds, Exotic Grasses and other plants identified in writing by Council
Restoration of cleared areas to achieve the equivalent floristic composition of a similar undisturbed regional ecosystem.
The works must be undertaken in accordance with an Operational Works approval.
Fencing to Protected Land
A permanent fence must be constructed to protect the proposed covenant areas. The fence must be constructed in accordance with an Operational Works approval and must be to the following specifications:
Stock proof to prevent domestic animals grazing in the area
Allow for the passage of native fauna by:
allowing adequate clearance at ground level for local macropods
not including any use of barbed wire or similar materials
providing regular opportunities for passage over and through
Currency Period
This development approval lapses if the use has not happened by 30th April 2025, unless an application to extend the currency period is approved by Council.
Property Access and Driveways
A residential driveway must be constructed extending from the edge of the formation in Black Mountain Range Road to the eastern end of the existing dwelling to coincide with the Noosa Plan 2021 mapped landslide hazard area in Lot 2. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawings number A6578/20/P01 - A6578/20/P06 Revision A prepared by Alta Projects dated 26 February 2021.
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.
Services
Electricity and telecommunication services must be provided to each lot in accordance with the standards and requirements of the relevant service provider.
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
An easement for access and services purposes must be registered against the title of proposed lot 1 in favour of proposed Lot 2. The easement must be of sufficient width to wholly encompass the services, access driveway and any associated retaining structures
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 in accordance with the recommendations contained in the Slope Stability Assessment – Project No. 20332-001 - Rev 1 prepared by Tectonic Geotechnical & Environmental Engineers dated 22 March 2021
Certification must be submitted to Council from a qualified person* which certifies that:
the subdivisional works have been constructed in accordance with the recommendations contained in the Slope Stability Assessment – Project No. 20332-001 - Rev 1 prepared by Tectonic Geotechnical & Environmental Engineers dated 22 March 2021
the subdivisional works are stable and have a minimum factor of safety against landslip of 1.5 in the long term
a stable building area exists on lot 2 and will remain stable over the design life of a dwelling for the long term
*(Refer to advisory Note)
Geotechnical Stability - Future Dwelling Requirements
All future dwellings on the approved lot 2 must be sited and constructed in accordance with the recommendations contained in the Slope Stability Assessment – Project No. 20332-001 - Rev 1 prepared by Tectonic Geotechnical & Environmental Engineers dated 22 March 2021.
The following property notation or similar will be added to Council’s rates records to advise owners, prospective purchasers and private certifiers that special conditions relate to the subject lot.
To ensure the geotechnical stability of this lot is maintained, all buildings and structures must be sited and constructed in accordance with the geotechnical conditions of Council Approval RAL21/0003 and associated Operational Work approvals.
Earthworks and Retaining Walls
All earthworks and associated batters 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.
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.
Plan of Development
All future dwellings on the approved lots must be sited and constructed in accordance with the approved building envelopes and dwelling controls shown on the Approved Plans. A copy of the approved Plan of Development must be included in the contract of sale for Lot 2, together with a clause which requires future dwellings to be constructed in accordance with it.
The applicant must prepare a metes and bounds building envelopes plan indicating House site areas and effluent disposal areas for the proposed lots. The areas must be in accordance with the approved plans titled and numbered < prepared by < and dated <. The plans must be submitted in both hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates. The applicant must submit the plans to Council for approval prior to the endorsement of the Plan of Survey.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the setback/s to any new boundaries for any existing buildings remaining on the site comply with the relevant provisions of the planning scheme and the Building Act 1975, unless varied by this Decision Notice
all constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement
all utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement
all existing effluent disposal areas are wholly located within the lot they serve and comply with the boundary setback requirements of the Plumbing and Drainage Act 2002 and associated codes and requirements
all dams (including ponded water, dam walls and associated spillway structures) are wholly located within the boundaries of a single lot
all retaining walls and structures are fully contained within the lot they retain
any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties
for the community title scheme, the road pavement changes required by this Decision Notice accurately demarcate the boundaries of the public and private land.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
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 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.
property notes
RAL21/0003 - Geotechnical Stability
The following notation applies to approved lot 2:
To ensure the geotechnical stability of this lot is maintained, all buildings and structures must be sited and constructed in accordance with the geotechnical conditions of Council Approval RAL21/0003 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	Road work, Earthworks, Landscaping, Vegetation Clearing.
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,

Blake Coulston
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
Original Decision Notice – 30 April 2021
Negotiated Decision Notice – 2 July 2021, with an amendment to conditions 5, 7 & 9.

	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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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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ee) NOOSA COUNCIL