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SUPERESEDED - Decision Notice - MCU23 0139 [As Published] · MCU23/0139

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                                                                                       Officer:            Samuel Osakwe
                                                                                       Direct Telephone:   07 5329 6316
                                                                                       Our Reference:      MCU23/0139
                                                                                       Your Reference:     n/a

               22 March 2024


               DM Newbold
               C/- Brennan Planning Pty Ltd
               44 Maple St
               COOROY QLD 4563
               [email protected]



               Dear Sir/Madam,
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 21 March 2024, Council decided to approve the
               application, subject to conditions.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              MCU23/0139

                   Street address:              15 Olivine Street, Cooroy Qld

                   Real property description:   Lot 119 C 5604

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for Material Change of Use – Dual occupancy.
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER CONDITIONS

               PLANNING
                       When Conditions must be Complied With
               1.      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.
                       Currency Period
               2.      This development approval lapses if the use has not happened by 21 March 2030 unless an
                       application to extend the currency period is approved by Council.

               ABN 97.969.214.121                                                                PO Box 141
               noosa.qld.gov.au                                                           Tewantin QLD 4565
               [email protected]                                                           07 5329 6500
                                                                                                            Page 1 of 7
Document Set ID: 22877114
Version: 3, Version Date: 22/03/2024
Full text of the other 6 pages

Page 2

                      Approved Plans
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below. The plans must be amended to incorporate the
                      amendments listed within the table below and resubmitted to Council prior to the issue of any
                      Development Permit for Operational Works.

                        Plan No.                    Rev.         Plan/Document Name                         Date

                        -                           -            -                                          -

                      The following plans require amendment.

                        Plan No.             Rev.        Plan/Document Name                              Date

                        03                   A           Site Plan, prepared by McLaren Design           31.08.2023

                        Amendments           •          The development must provide a 2m wide Road Reserve
                                                        dedication across the full frontage of the site to Olivine Lane
                                                        prior to commencement of use. (See Conditions 11 & 12)
                      Performance Bond
               4.     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.
               5.     Waste storage areas, clothes drying areas and external storage areas must be screened
                      from view of the street.
                      Fencing and Walls
               6.     Any street fencing must not exceed 1.8 metres in height, be set back an average of 1 metre,
                      with landscaping and articulated to provide visual interest by stepping the design. Any fencing
                      on the front boundary must either:
                      a.      not exceed a maximum height of 1.2 metres
                      b.      be of open construction.
                      Waste Management
               7.     A waste storage area must be provided in accordance with Planning Scheme Policy 9, Waste
                      Management and the Noosa Plan’s Waste Management Code, including an external
                      imperviously paved area correctly sized for all refuse and recycling containers and suitably
                      screened from public places and neighbouring properties.
                      Community Management Statement
               8.     Any proposed Community Management Statement required for the development pursuant to
                      the Body Corporate and Community Management Act 1997 must be submitted to Council for
                      endorsement at the same time as submission of the Building Format Plan (or similar) to
                      Council for compliance assessment.
               9.     All clauses and by-laws of the proposed Community Management Statement must accord
                      with the requirements of this Decision Notice and, in particular, must include the following
                      additional clauses:




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Document Set ID: 22877114
Version: 3, Version Date: 22/03/2024

Page 3

                      a.      The dwelling units are not permitted to be used for short term accommodation, unless
                              where identified as accepted development by the Noosa Plan or where there is a
                              Development Permit for Material Change of Use for Short Term Accommodation in
                              effect. Short term accommodation means the use of the premises for providing
                              accommodation of less than 3 consecutive months to tourists or travellers.
               10.    All landscape works must be established and maintained 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.
               ENGINEERING
                      External Works
               11.    The development must provide a 2m wide Road Reserve dedication across the full frontage
                      of the site to Olivine Lane prior to commencement of use.
               12.    Submit and have approved by Council prior to the commencement of use, a development
                      application for Operational Works for the following:
                      All frontage works and associated works. The frontage works are as follows:
                      (i)       Olivine Lane – Lane widening to provide a minimum 5.0-metre-wide carriageway and
                                2.0 metre wide verge along the full frontage of the site, transitioning smoothly to the
                                existing kerb and channel beyond the site frontage.
                      Design drawings are to be prepared and certified by a suitably qualified Registered
                      Professional Engineer Queensland (RPEQ) and in accordance with approved plans and
                      documents of development and the Noosa Planning Scheme current at the time of the
                      Operational Works application.
                      Notes:
                      The verge adjoining the development and the carriageway is to be constructed to a minimum
                      sealed width containing:
                      a. Kerb and channelling and underground stormwater drainage to the development side
                         only;
                      b. Widening and sealing of the existing road pavement to the new kerb line. Concrete to be
                         designed in accordance with rigid road pavement design principles; and
                      c. Turfing and topsoil to the new verge area.
                      This condition has been imposed pursuant to s145 of the Planning Act 2016 being non-trunk
                      infrastructure.
                      Site Access and Driveways
               13.    A sealed access driveway must be provided from Olivine Lane 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.      a driveway crossover in accordance with Council’s standard drawings RS-049 & RS-
                              050.
                      Car Parking
               14.    A minimum of 3 car parking spaces must be provided on the site. The works must be
                      undertaken generally in accordance with McLaren Design’s Site Plan (03, Rev. A) dated 31
                      August 2023 and must include in particular:
                      a.      Two (2) covered car parking spaces within the total; and
                      b.      dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
                              Parking Facilities.




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Document Set ID: 22877114
Version: 3, Version Date: 22/03/2024

Page 4

                      Stormwater Drainage
               15.    The site must be provided with a stormwater drainage system connecting to a lawful point of
                      discharge. The works must be undertaken in accordance with an Operational Works
                      approval.
                      Services
               16.    Underground reticulated electricity and telecommunication services must be provided to
                      each dwelling in accordance with the standards and requirements of the relevant service
                      provider.
               17.    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.
               18.    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
               19.    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.
               20.    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.
               21.    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
               22.    All earthworks and associated retaining structures/batters, both above and below ground,
                      both temporary and permanent, must be contained entirely within the subject site unless
                      written permission form 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.
               23.    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
               24.    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.
               5.     REFERRAL AGENCIES

               Not applicable.




                                                                                                       Page 4 of 7
Document Set ID: 22877114
Version: 3, Version Date: 22/03/2024

Page 5

               6.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      Resubmission of Amended Plans Required
               1.     The conditions of this Decision Notice require resubmission of plans to Council with
                      amendments. Please address the amended plan/s to Council’s Development Assessment
                      Branch with the Reference No. MCU23/0139.
                      Building and Construction Industry (Portable Long Service Leave) Levy
               2.     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.
                      Sustainability
               3.     Council encourages sustainable and energy efficient building design for all development
                      including the use of sustainable building materials, energy efficient fittings, solar hot water,
                      photovoltaic systems (including the use of inverter/charges), solar panels, water saving
               3.     devices and rainwater harvesting.
                      Co-ordination of Operational Works Assessment
               4.     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
               5.     A preliminary Construction Management Plan must be submitted with the Operational Works
                      application and must address the following:
                      a.      Traffic management during all phases of construction;
                      b.      Adequate parking arrangements for works and deliveries;
                      c.      appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
                              Devices (MUTCD); and
                      d.      provision for safe vehicle and pedestrian access across the frontage of the site both
                              during daily construction and after daily construction has ceased.
                      Infrastructure Charges
               6.     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
                      Private Infrastructure
               7.     All private infrastructure for the development must be designed to meet the planning scheme
                      requirements unless otherwise agreed by the relevant authority.
                      Environmental Advisory Notes
               8.     The Environmental Protection Act 1994 states that a person must not carry out any activity
                      that causes, or is likely to cause, environmental harm unless the person takes all reasonable
                      and practicable measures to prevent or minimise the harm. Environmental harm includes
                      environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
                      construction and landscaping phases of this development are to adhere to their ‘general
                      environmental duty’ to minimise the risk of causing environmental harm.




                                                                                                          Page 5 of 7
Document Set ID: 22877114
Version: 3, Version Date: 22/03/2024

Page 6

               7.     PROPERTY NOTES

               Not applicable.
               8.     VARIATION APPROVAL DETAILS

               Not applicable.
               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required             Subject of the required Development Permit

                Development Permit for Operational Works        Roadwork, Stormwater, Vehicle Crossover and
                                                                Landscaping.

                Development Permit for Building Works           All building works.

               10.    SUBMISSIONS

               Not applicable.
               11.    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.
               12.    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,




               Samuel Osakwe
               Development Planner



               Enc:   Appeal Rights
                      Infrastructure Charge Notice
                      Approved Plans/Documents
               cc.    Unitywater




                                                                                                       Page 6 of 7
Document Set ID: 22877114
Version: 3, Version Date: 22/03/2024

Page 7

                                                                              Appeal Rights
                                                                              PLANNING ACT 2016 & PLANNING REGULATION 2017




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




                                                                                                                                                    Page 7 of 7
Document Set ID: 22877114
Version: 3, Version Date: 22/03/2024

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