Minor Change Existing Approval MCU17 051201 · MCU17/0512.02

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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.
     Approved Plans
2.   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      Rev.     Plan/Document Name                                     Date
          No.

          A100      TP03     Site Plan, drawn by Hogg & Lamb                        5 July 2019

          A200      TP03     Ground Floor Plan, drawn by Hogg & Lamb                5 July 2019

          A201      TP03     Upper Floor Plan, drawn by Hogg & Lamb                 5 July 2019

          A300      TP03     East & West Elevation, drawn by Hogg & Lamb            5 July 2019

          A301      TP03     South Elevation, drawn by Hogg & Lamb                  5 July 2019

          A302      TP03     North Elevation, drawn by Hogg & Lamb                  5 July 2019

          A403      TP03     Section A, drawn by Hogg & Lamb                        5 July 2019

     Building Height
3.   The maximum height of the development must not exceed 8 metres above the finished
     ground level and the natural ground surface.
4.   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.
     Performance Bond
5.   Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 must be
     submitted to Council, to secure performance of all conditions of this approval, prior to the
     issue of a Development Permit for Building Works. The cash bond or trading bank guarantee
     will be returned on performance of the conditions of approval less any costs incurred by
     Council in respect of enforcing performance of this permit. Council reserves the right to call
     upon the bond or guaranteed sum to effect compliance with conditions.
     Landscaping
6.   A minimum of 20% of the site must be retained as soft landscaping.
7.   Existing trees on the site and within road reserves must be retained, except where required
     to be removed to accommodate the approved dwelling.
8.   Trees to be retained must be protected from clearing or construction activities by:
     a.      clearly marking vegetation to be retained with flagging tape
     b.      installing protective fencing around the drip line of the vegetation
     c.      restricting stockpiling, storage and vehicle parking to those areas which are already
             cleared
     d.      using low impact construction techniques around vegetation.


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9.    Screening vegetation must be planted along the northern, southern and eastern boundaries
      in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and
      Guideline.
      Street Trees
10.   The property driveway must be located to avoid trees in the street verge. Alternatively, a
      request must be made to either Council to relocate the tree clear of the driveway.
      Undercroft Screening
11.   Undercroft skirting or screening (eg. timber battens) must be provided to the full height of
      any undercroft areas of the approved dwelling (including carparking structures) that are
      higher than 3 metres above ground level at the perimeter of the building/structure. OR, dense
      landscaping must be provided the eastern elevation to screen the full height of the dwelling’s
      undercroft area at that location.
      Drainage and Earthworks
12.   All cut and fill must not exceed 2 metres in depth relative to natural ground level.
13.   Fill material placed over services must not impose any additional surcharge loading on the
      service.
14.   Excavation must not be carried out within 600mm of any utility infrastructure (to top, sides
      and base of services). A retaining wall must be provided to support the soil surrounding utility
      infrastructure where proximate to excavation activities.
15.   Compaction with a vibrating roller must not be carried out within 600mm of any utility
      infrastructure.
16.   Other than for accessways, filling must not extend more than 1 metre beyond the footprint of
      the approved dwelling when measured from its outer walls.
17.   Earthworks required on site must be carried out in accordance with Council’s Planning
      Scheme Policy PSP5 Engineering Design Standards, so as not to cause the additional
      ponding of water on any adjoining lands or concentrate or direct overland flow on to an
      adjoining property.
      Geotechnical Stability
18.   All works must be carried out in accordance with the recommendations of the Slope Stability
      Assessment and Soil Test Report prepared by SCG Consulting Engineers and dated 26 April
      2017.
      Coastal Protection
19.   External colours and finishes of the building must comprise of muted/environmental tones
      that blend with the natural environment.
5.    REFERRAL AGENCIES

Not applicable.
6.    ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
PLANNING
      Aboriginal Cultural Heritage Act 2003
1.    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



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       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.
       Infrastructure Charges
2.     This Development Permit will not trigger an “Infrastructure Charge Notice” to be issued in
       accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning
       Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted
       Charges).
       Property Driveway and Vehicle Crossover
3.     The planning scheme declares Operational Work for the construction of a driveway and
       vehicle crossover to the property to be self-assessable against the Detached House
       Driveways Code. A self-assessable application is required to be submitted to Council for the
       vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not
       comply with each Acceptable Solution contained in the Code, a Development Permit for
       Operational Works the work is required to be obtained from Council.
       *http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
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 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.

YF
Enc:   Appeal Rights
       Approved Plans/Documents




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cc.      Unitywater




DECISION NOTICE HISTORY
     Original Decision Notice – MCU17/0512 – 9 October 2017.

     Decision Notice - Minor – MCU17/0512.01 – 29 July 2019, with an amendment to conditions 2.




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                                                               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.




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