Decision Notice - Council Meeting Decision MCU20 0103

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU20/0103
Your Reference:	n/a
22 February 2021
N Van De Merwe
C/- Pivotal Perspective Pty Ltd
4/59 Mary St
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 18 February 2021, Council decided to approve the application, subject to conditions and agree to enter into an Infrastructure Agreement for 8 car spaces.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU20/0103
Street address:	13 Noosa Dr Noosa Heads Qld 4567
Real property description:	Lot 5 RP 91777
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises (Shop & Short Term Accommodation)
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
CD-D01	C	Ground Floor Plan, prepared by Andrew Bock Architecture	November 2020
CD-D02	C	Upper Floor Plan, prepared by Andrew Bock Architecture	March 2020
CD-D03	C	Roof Garden Plan, prepared by Andrew Bock Architecture	March 2020
CD-D04	C	Roof Plan, prepared by Andrew Bock Architecture	March 2020
CD-E01	C	Elevations (north & west), prepared by Andrew Bock Architecture	November 2020
CD-E02	-	South and East Elevations, prepared by Andrew Bock Architecture	November 2020
CD-F01	B	Sections, prepared by Andrew Bock Architecture	November 2020
CD-F02	C	Sections, prepared by Andrew Bock Architecture	November 2020
		Render of front building facade	-
SD-1	B	Landscape Plan – Ground floor prepared by Project Urban	04/12/2020
SD-2	B	Landscape Design Intent prepared by Project Urban	04/12/2020
SD-3	B	Indicative Planting Palette prepared by Project Urban	04/12/2020
-	-	Arboricultural Report and Tree Protection Methodology / Plan 13 Noosa Drive Noosa Heads prepared by Australian Tree Contractors & Arboricultural Consultants P/L	Undated (Inspection dates 15/10/2020 30/11/2020)
The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Operational Works.
Nature and Extent of Approved Use
The approved shop must not operate outside the hours of 6am to 10pm, 7 days a week.
The use area for the shop as defined by Noosa Plan is limited to 150m2 only.

Currency Period
This development approval lapses if the use has not happened by 18 February 2027 unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 12 metres above the finished ground level and the natural ground level.
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.
Site cover
Site cover of the development must not exceed 45%.  Amended plans are required to be submitted demonstrating compliance prior to the issue of any Development Permit for Operational Works.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 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.
Site Access and Driveways
A sealed access driveway must be provided from Noosa Drive to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular a driveway generally in accordance with drawing number P04 revision A prepared by 360 Civil Consulting dated September 2020 and include a clear delineation of the disabled access area
Car Parking
A minimum of 1 car parking space and 2 scooter spaces must be provided and marked on the site. The works must be undertaken in accordance with an Operational Works approval and must have dimensions, crossfalls and gradients in accordance with Australian Standard AS2890.1:2004 Parking Facilities.
The applicant must comply with the requirements of any infrastructure agreement entered into with the Council with respect to the payment of car parking contributions (and provision of onsite carparks and car parking within the road reserve) in relation to the proposed development.  In addition to Condition 12, in the event that the above does not apply a minimum of 8 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.
Bicycle facilities
A bicycle rack to accommodate a minimum of 2 bicycles must be provided for all users of the site and be accessible at all times.
Building Appearance
Ground floor shopfront glazing along the Noosa Drive frontage must be fully transparent to a minimum of 50% of the street frontage to allow passive surveillance and encourage social interaction, and must be provided at full height (floor to ceiling).
Any security screens on the premises consist of grille or translucent screens and not solid shutters, screens or roller-doors.
All mechanical equipment and other service infrastructure located on the site must be:
located not less than 2 metres from a property boundary
fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties. Where screened by landscaping, landscaping beds must be at least 1.5 metres wide.
No part of the site may be used for outdoor storage of materials unless specified on the Approved Plans or the conditions of this Decision Notice.
The external finish of the building must be finished with a mix of materials as generally shown on the approved plans.
Roof materials must be non-reflective and designed with colours and styles to minimise the visual impact of the development.
The wall on the southern boundary must be finished with a mix of materials, tones and textures so as to minimise the appearance of the wall to the adjoining property.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Retaining wall and stairs
The retaining wall on the front boundary must not exceed the height relative to natural ground as shown on the approved plans.  The retaining wall must be constructed of natural materials such as stones/stone cladding that is consistent with the Noosa Drive streetscape.
The stairs at the front of the site must be constructed from natural look materials such as stone or timber that is consistent with the Noosa Drive streetscape.
Landscaping Works
The development site must be landscaped and generally in accordance with the concept landscaping plans incorporating the amendments as listed below.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan 2020 Planning Scheme Policy 2 Landscaping for the coastal area. The works shown on the approved Landscape plans must include the following amendments:
Replacement of the Kangaroo Paw with a suitable local native species;
Location of the Pandanus to be positioned in a manner that does not intrude into public spaces when mature, to minimise fruit and frond drop in public areas, alternatively a substituted local native species suitable for the location;
Ensure the disability access ramp is free of landscaping items and provides unhindered access;
No incorporation of artificial grass; and
Detail of the front interface of the retaining structures to the path along Noosa Drive, including any location of any above ground services.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
Retention of Existing Trees
Trees identified for retention, as shown on the Tree SRZ Layout Plan, Drawing No. P07, Issue A, prepared by 360 Civil Consulting and dated September 2020, must be retained.
All works must be carried out generally in accordance with section Tree Protection Methodology of the Arboricultural Report and Tree Protection Methodology / Plan report listed within this Decision Notice, with the following amendments incorporated into the document:
Inclusion of a plan clearly numbering the trees in accordance with Tree SRZ Layout Plan, Drawing No. P07, Issue A, prepared by 360 Civil Consulting and dated September 2020;
Details of the construction methodologies and tree protection measures to be engaged during the construction of the retaining walls and stairway to the south eastern portion of the lot;
Details of the constructions methodologies to be engaged for the laying of the water detention cells in the tree protection zones;
Details of the construction methodologies to be engaged for the decommissioning of the retaining wall and re-landscaping to the frontage around the Melaleuca; and
Details of the methods to be engaged during the demolition of the existing development.
The report as referenced in Condition 28, must be resubmitted to Council incorporating the above amendments prior to the issue of any Development Permit for Operational Works or Permit for Demolition Works.
External Works
Noosa Drive must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must include the upgrade of the existing footpath for site’s frontage to Noosa Drive for the full width between the kerb and the front boundary of the site.  The pathway must be constructed with granite pavers to match existing granite pavers in the general vicinity of the site (Hastings St/Noosa Drive).
This condition is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk infrastructure identified by Council’s LGIP to service the development.
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. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number P06 prepared by 360 Civil Consulting dated September 2020.
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated retaining walls must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
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.
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:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures;
works programme identifying key components of the works and their respective durations;
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues;
a post out to the local residents and businesses prior to the pre-start meeting advising of the site contact details and the potential for off-site impacts during the developments construction. The post out must:
include a copy of the architectural approved plans;
include plans that show any impacts on the road network;
be distributed to all businesses and residences in the area bounded by:
adjoining property; and
Halse Lodge (Lot 2 RP865533)
Written confirmation of the post out must be submitted to Council a minimum of 5 days prior to the pre-start meeting.
include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details;
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill/dump sites, the haulage route, type of vehicle to be utilised during 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;
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
DEMOLITION
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’s Building and Plumbing Services prior to the issue of a Development Permit for Building Works for demolition, to secure the demolition conditions of this approval. The cash bond or trading bank guarantee will be returned on performance of the demolition conditions of this approval less any costs incurred by Council in respect of enforcing performance of these demolition conditions. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Works
Demolition must be undertaken in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste management
A Waste Management Plan (demolition) must be submitted in accordance with Planning Scheme Policy PSP10 - Waste Management and approved by Council’s Waste Coordinator prior to issue of a development permit for Building Works for demolition, removal or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free.  Higher gate fees are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The areas for the storage and separation of waste shown on a site plan;
b.	A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and
c.	Table – Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site *specify proposed re-use or on-site recycling methods	Off-site *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s and the like. If the site remains vacant for more than 30 days the lot/s must be turfed or landscaped in accordance with Planning Scheme Policy PSP 2 – Landscaping and to the satisfaction of Council so as to not cause nuisance to the surrounding area.
All waste materials must be removed from site.
Litter, erosion and sediment control
Litter, erosion and sediment control measures must be installed and maintained until soils are stabilised by turf, 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).
Asbestos
Removal of building materials containing asbestos must be undertaken by a licensed asbestos removalist.
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.
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.
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at demolition of a building, the existing sanitary drain upstream from the connection point for a service provider’s sewerage system must be sealed watertight. This work is deemed as notifiable Work and must be carried out by a suitably licenced plumber who must 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
Not Applicable
advisory notes
Not applicable.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Access, stormwater, earthworks, landscaping
Development Permit for Building Works	All Building Works
submissions
Not applicable.
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
other details
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,
Kerri Coyle
Manager Development Assessment

Enc:	Appeal Rights
Infrastructure Agreement
Infrastructure Charge Notice
Approved Plans/Documents

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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PO Box 141		P. (07) 5329 6500	[email protected]
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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PO Box 141		P. (07) 5329 6500	[email protected]	
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