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SUPERSEDED - Amended Decision Notice - MCU22 0194 [As Published]
Officer: Nadine Gorton
Direct Telephone: 07 5329 6215
Our Reference: MCU22/0194
Your Reference: 220219
16 August 2023
Fastwin Investments P/L TTE
C/- Adams + Sparkes Town Planning
PO Box 1000
BUDDINA QLD 4575
[email protected]
Dear Sir/Madam,
Amended Decision Notice
Planning Act 2016
I refer to your application and advise that on 14 August 2023, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU22/0194
Street address: 31 Tewantin Road, Cooroy
Real property description: Lot 106 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 - Multiple dwelling (3 dwellings)
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 14 August 2029, 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
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Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed and resubmitted to Council prior to the issue of any Development
Permit for Operational Works.
Plan No. Rev. Plan/Document Name Date
D-KPG Sheet I Marketing Plan prepared by Ausmar 24/07/2023
0.000
D-KPG Sheet I U1 Ground Floor prepared by Ausmar 24/07/2023
1.100
D-KPG Sheet I U1 Upper Floor prepared by Ausmar 24/07/2023
1.101
D-KPG Sheet I U2 & U3 Ground Floor Plan prepared by 24/07/2023
2.100 Ausmar
The following plans require amendment*:
Plan No. Rev. Plan/Document Name Date
D-KPG Sheet
I U1 Elevations prepared by Ausmar 24/07/2023
1.200
D-KPG Sheet I Site Sections prepared by Ausmar 24/07/2023
0.300
DKPG Sheet
I U1 Elevations prepared by Ausmar 24/07/2023
1.201
A minimum floor to ceiling height of 2.7m must be provided to the unit 1
Amendments
living areas at a minimum
D-KPG Sheet U2 & U3 Upper Floor Plan prepared by
I 24/07/2023
2.101 Ausmar
D-KPG Sheet
I U2 & U3 Elevations prepared by Ausmar 24/07/2023
2.200
D-KPG Sheet
I U2 & U3 Elevations prepared by Ausmar 24/07/2023
2.201
• A window hood or external screen must be provided to the window
to the study areas to provide shade and reduce the need for
auxiliary cooling.
• A minimum floor to ceiling height of 2.7m must be provided to the
units 2 & 3 living areas at a minimum.
Amendments • To ensure privacy is protected between adjoining properties, the
windows located on the upper south western and north eastern
building faces of Units 1 to 3 must either:
a) have a minimum window sill height or 1.7 metres above
floor level
b) be fitted with translucent glazing or
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c) be fitted with a fixed external screen
*(Refer to Advisory Note)
Building Height
4. The maximum height of the development must not exceed 8 metres above the existing and
finished ground levels.
5. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the buildings do not exceed the maximum height requirement of this Decision
Notice.
Nature and Extent of Approved Use
6. The approved Multiple dwelling is comprised of 3 dwellings, in accordance with the
administrative definition under Noosa Plan 2020.
7. The plot ratio of the development must not exceed 0.4:1, in accordance with the
administrative definition under Noosa Plan 2020.
Performance Bond
8. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Operational Works. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any costs
incurred by Council in respect of enforcing performance of this permit. Council reserves the
right to call upon the bond or guaranteed sum to effect compliance with conditions.
Building Appearance
9. External design features, materials and finishes must be as shown on the Approved Plans,
with no inclusions or alterations made without approval in writing by Council.
10. External finishes of the building must be a mix of lightweight and textured external finishes,
with masonry areas incorporating a variety of textured finishes to break up the surface.
11. All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or
the like thus remaining as open structures except where required to satisfy any privacy
condition of this Decision Notice.
12. All balustrades to decks and balcony areas must be open or transparent.
13. Waste storage areas, clothes drying areas and external storage areas must be screened
from view of the street.
14. Earthworks (cut or fill) must be less than 1.5 metres in depth relative to the natural ground
level.
Protection of Privacy
15. To ensure privacy is protected between adjoining properties, the windows located on the
upper south western and north eastern building faces of Units 1 to 3 must either:
a. have a minimum window sill height or 1.7 metres above floor level be fitted with
translucent glazing or
b. be fitted with a fixed external screen
16. The upper level balconies located on the northern building face of Units 2 and 3 must include
fixed external screens, positioned in such a way to obscure direct views into the habitable
room windows or private open space areas of the adjoining properties. Any fixed external
screen(s) must not extend more than 50% of the length of the balcony.
Access to buildings
17. Access to the dwelling fronting Tewantin Road must have a step-free entrance door with
opening width of at least 820 millimetres.
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Fencing and Walls
18. Any street fencing must not exceed 1.8 metres in height, be set back an average of 1 metre
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.
19. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
20. Fencing along the south-western side boundary to the adjoining property is not to exceed 1.8
metres in height from existing natural ground surface levels as detailed on the approved
plans. No retaining walls are to be located along the western side along side unit 1.
Landscaping Works
21. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. planting of shrubs and trees to the site’s frontage that will visually frame and soften the
presentation of the built form to the street;
b. provision of screen planting along the side and rear boundaries to protect the privacy
of adjoining properties;
c. provision of 2 x 45 litre street trees within the Tewantin road reserve. Suggested
species include:
• Syzygium oleoseum
• Backhousia myrtifolia
• Backhousia citriodora
• Callistemon viminalis
• Tristaniopsis laurina
22. 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.
23. A minimum of 4 street trees (in total either side of the access driveway) are to be provided
along the Olivine Lane frontage in accordance with an Operational Works Approval. The
location of the street trees within the road reserve is to be confirmed in consultation with
Council at the pre-start meeting. Street trees are to be of a species that does not impact on
services or Council infrastructure and in accordance with Noosa Plan 2020 Planning Scheme
Policy PSP2 Landscaping for the Cooroy area.
24. In addition to grass and street trees, the area of road verge adjacent to the visitor car space
must be densely landscaped with vegetation (in accordance with Noosa Plan 2020 Planning
Scheme Policy PSP2 Landscaping for the Cooroy area) that grows to a maximum height of
1.5 metres to ensure that the car space is screened from Olivine Lane.
Waste Management
25. A waste storage area must be designed and maintained in accordance with Planning
Scheme Policy PSP9 Waste Management and the Noosa Plan’s Waste Management Code.
The waste storage area must be:
a. imperviously paved and correctly sized for all refuse and recycling containers;
b. bunded and graded so that wastewater and bin leakage drain to the sewer;
c. provided with a conveniently located hosecock and backflow prevention device,
connected to a water supply to service the area; and
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d. roofed or otherwise covered.
Water & Sewer Connections
26. An underground connection to reticulated water and sewerage must be provided to the
premises in accordance with the standards and requirements of Northern SEQ Distributor–
Retailer Authority (Unitywater).
27. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater)
must be submitted to Council that certifies an underground connection to reticulated water
and sewerage has been provided to the premises.
Community Management Statement
28. 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.
29. 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:
29.1. The dwelling units are not permitted to be used for short term accommodation, unless
where identified as accepted development by the Noosa Plan or 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.
External Works
30. The development must dedicate as “road” a 2m wide strip extending across the full frontage
of the site to Olivine Lane. The dedication must be generally in accordance with BAX
Engineering’s Siteworks and Drainage Layout Plan (316-001-300, Rev. B) dated 18 July
2023.
31. The laneway dedication must be completed prior to the commencement of the use.
32. Olivine Lane 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, be generally in
accordance with BAX Engineering’s Siteworks and Drainage Layout Plan (316-001-300,
Rev. B) dated 18 July 2023, and must include in particular:
a. construction of 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; and
c. turfing and topsoil to the new verge area.
This is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Site Access and Driveways
33. A sealed access driveway must be provided from Tewantin Road to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval and be generally in accordance with BAX Engineering’s
Siteworks and Drainage Layout Plan (316-001-300, Rev. B) dated 18 July 2023.
34. Approval from the Department of Transport and Main Roads for the final design of the site
access and driveway works must be submitted in writing to Council prior to the issue of any
Development Permit for Operational Works.
35. 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 be generally in accordance with BAX Engineering’s
Siteworks and Drainage Layout Plan (316-001-300, Rev. B) dated 18 July 2023.
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Car Parking
36. A minimum of 7 car parking spaces must be provided on the site. The works must be
undertaken generally in accordance with BAX Engineering’s Siteworks and Drainage Layout
Plan (316-001-300, Rev. B) dated 18 July 2023 and must include in particular:
a. 1 visitor parking spaces within the total; and
b. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
37. All car parking spaces must be constructed using a suitable concrete pavement or alternate.
38. All vehicles must enter and exit the site in a forward gear.
Stormwater Drainage
39. 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 and be generally in accordance with BAX Engineering’s Siteworks and Drainage
Layout Plan (316-001-300, Rev. B) dated 18 July 2023.
40. The development must incorporate water tanks at a minimum of 3,000 litres per dwelling and
may be incorporated in any stormwater management design.
Services
41. Each lot/unit is also subject to compliance with the requirements and approval of any relevant
public service provider (e.g., Unitywater).
42. Underground reticulated electricity and telecommunication services must be provided to
each lot in accordance with the standards and requirements of the relevant service provider.
43. 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.
44. 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
45. A 1.5m wide inter-allotment stormwater drainage easement must be registered against the
title of any property where a stormwater pipeline and/or a secondary flow path conveying
stormwater from another allotment.
46. 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.
47. 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.
48. 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
49. All fill and associated batters must be undertaken in accordance with an Operational Works
approval, be generally in accordance with BAX Engineering’s Siteworks and Drainage Layout
Plan (316-001-300, Rev. B) dated 18 July 2023, and contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council.
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50. Where earthworks and/or associated retaining works are in close proximity to or have the
potential to impact on any existing public services (e.g., sewer mains and manholes), an
approval or written endorsement must be obtained from the respective service provider and
submitted to Council as part of the future application for Operational Works.
51. Earthworks and development works carried out on site must not affect the structural integrity
of the existing fences or structures that border the site. Fences that are affected must be
replaced in a timely manner and in consultation and agreement of the owners of the related
properties.
52. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
5. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Concurrence SARA at DILGP SARA Schedule 10, Part 9, The agency provided its
at DILGP Via MyDAS2 Division 4, Subdivision 2, response on 11
at https://prod2.dev- Table 4 – land within January 2023
assess.qld.gov.au/suite 25m of a State transport (Reference No. 2211-
/ (for assistance, corridor 32243 SRA). A copy of
contact DILGP at 5352 the response is
9701 or attached
email:[email protected]
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Development Compliance Inspection
1. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Resubmission of Amended Plans Required
2. 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. MCU22/0194, separate to any Operational Works application.
To avoid delays and assessment issues with the Operational Works application, it is
recommended the plan/s be resubmitted prior to lodgement of any Operational Works
application. However, should the plans not be submitted, the applicant is advised that a
Preliminary Approval may be issued in lieu of a Development Permit.
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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
devices and rainwater harvesting.
Infrastructure Charges
4. 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.
5. Should the outstanding matters raised in this approval be addressed to Council’s satisfaction,
Council may change the approval to a Development Permit through the Negotiated Decision
Notice process.
Building and Construction Industry (Portable Long Service Leave) Levy
6. 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
7. 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
8. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. traffic management during all aspects of the construction phase including:
i. 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;
ii. maintenance of safe pedestrian access for the areas affected by the works during
and after daily construction has ceased;
iii. proposed fencing to the site during the construction phase of the development;
and
iv. provision for worker car parking.
b. maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures;
c. works programme identifying key components of the works and their respective
durations;
d. 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;
e. Include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details;
f. 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; and
g. identification of complaint management procedures including:
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i. contact details for the on-site manager; and
ii. dispute resolution procedures.
9. 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.
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 Road work, Stormwater, Drainage work,
Earthworks, Landscaping,
Development Permit for Building Works All building work.
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,
Nadine Gorton
Acting Coordinator Planning
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Enc: Appeal Rights
Referral Agency Response
Infrastructure Charge Notice
Approved Plans/Documents
cc. Unitywater
SARA
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Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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ge Condition No. Conditions of Development Approval Timing (c) The road access works must be designed and constructed in accordance with: e Institute of Public Works Engineering Australasia (IPWEA), Standard Drawing RS-049 & RS-050 — residential driveway. e Department of Transport and Main Roads' Road Planning and Design Manual, 2nd Edition; and « Department of Transport and Main Roads' Guideline: Treatment options to improve safety of pedestrians, bicycle riders and other path users at driveway. 2 A path user sight triangle area must be provided clear of walls, fences, Prior to the structures (including advertising devices) and any vegetation and commencement landscaping must remain below 0.5m in height to ensure driver visibility is of the use and unobstructed as shown on the Site Plan, prepared by Ausmar Homes, maintained at all dated 26 October 2022, reference sheet 0.001, revision C, as amended in times. red. 3 Direct access is prohibited between Lot 106 on C5604 and Cooroy-Noosa = At all times. Road at any other location other than the permitted road access location described in Condition 1. Reasons for the decision The reasons for this decision are as follows: a) Vehicular access must not compromise safety of the users of the state-controlled road network. b) The safety of users of the state-controlled road network is the primary consideration for all works in a state-controlled road corridor. c) The number of access points to a state-controlled road will be minimised to ensure the through traffic carrying function of the road is maintained. Please refer to Attachment A for the findings on material questions of fact and the evidence or other material on which those findings were based. Information about the Decision required to be given under section 67(2) of TIA 1. There is no guarantee of the continuation of road access arrangements, as this depends on future traffic safety and efficiency circumstances. 2. In accordance with section 70 of the TIA, the applicant for the planning application is bound by this decision. A copy of section 70 is attached as Attachment B, as required, for information. Further information about the decision 1. In accordance with section 67(7) of TIA, this decision notice: a) starts to have effect when the development approval has effect; and b) stops having effect if the development approval lapses or is cancelled; and Page 2 of 12 Document Set ID: 22544890 Page 12 of 33 Version: 1, Version Date: 16/08/2023
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c) replaces any earlier decision made under section 62(1) in relation to the land. 2. In accordance with section 485 of the TIA and section 31 of the Transport Planning and Coordination Act 1994 (TPCA), a person whose interests are affected by this decision may apply for a review of this decision only within 28 days after notice of the decision was given under the TIA. A copy of the review provisions under TIA and TPCA are attached in Attachment C for information. 3. In accordance with section 485B of the TIA and section 35 of TPCA a person may appeal against a reviewed decision. The person must have applied to have the decision reviewed before an appeal about the decision can be lodged in the Planning and Environment Court. A copy of the Appeal Provisions under TIA and TPCA is attached in Attachment C for information. If further information about this approval or any other related query is required, Mr Mitchell Fuller, Town Planner should be contacted by email at [email protected] sincerely CAL Chris Head Principal Advisor Attachments: Attachment A — Decision evidence and findings Attachment B - Section 70 of TIA Attachment C - Appeal Provisions Attachment D - Permitted Road Access Location Plan Page 3 of 12 Document Set ID: 22544890 Page 13 of 33 Version: 1, Version Date: 16/08/2023
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Attachment A Decision Evidence and Findings Findings on material questions of fact: a) The objective of the Transport Infrastructure Act 1994 (TIA) requires the establishment of a road regime that is safe and efficient. b) Section 62 of the TIA provides for the Chief Executive of the Department of Transport and Main Roads to make decisions about permitted road access locations between particular land and a state-controlled road. c) The subject site (Lot 106 on C5604) has existing access to Cooroy - Noosa Road via a residential driveway and crossover. d) The development application is for a Development Permit for a Material Change of Use for a Multiple Dwellings (3 Units). e) The existing access is proposed to be removed and a new access location is proposed. f) Access from the state-controlled road will be primarily for proposed Unit 1 only. Access to a local road is available and will be serving proposed Units 2 & 3. g) Landscaping and structures have the potential to limit sightlines to vehicles and active transport users. To ensure adequate warning to all pathway users a path user sight triangle area is required at the access to minimise obstructions to visibility. h) To minimise adverse impacts to the state-controlled road a single residential driveway is required. i) The proposed development can be effectively implemented without significant impacts to the safety and efficiency of the state-controlled road network with the conditioned access standard. Evidence or other material on which findings were based: Document Set ID: 22544890 Version: 1, Version Date: 16/08/2023 Title of Evidence / | Prepared by Date Reference no. | Version/Issue Material Transport Queensland Reprint current | - - Infrastructure Act Government from 21 July 1994 2020 Planning Act 2016 Queensland Reprint current | - - Government from 18 June 2021 Guide to Traffic Department of 2018 - - Impact Assessment | Transport and Main Roads Vehicular access to | Department of July 2019 - - state-controlled Transport and Main roads policy Roads Management of access between Page 4of 12 Page 14 of 33
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Document Set ID: 22544890 adjacent land and state-controlled roads Guideline Treatment | Department of February 2021 | - - options to improve Transport and Main safety of Roads pedestrians, bicycle riders and other path users at driveways Road Planning and | Department of August 2014 - 2™ Edition Design Manual Transport and Main Roads Town Planning Adams Sparkes November 220219 - Report 2022 Site Plan Ausmar Homes 26 October sheet 0.001 c 2022 Page Sof 12 Version: 1, Version Date: 16/08/2023 Page 15 of 33
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Attachment B Section 70 of TIA Transport Infrastructure Act 1994 Chapter 6 Road transport infrastructure Part 5 Management of State-controlled roads 70 Offences about road access locations and road access works, relating to decisions under s 62(1) (1) This section applies to a person who has been given notice under section 67 or 68 of a decision under section 62(1) about access between a State-controlled road and adjacent land. (2) A person to whom this section applies must not— (a) obtain access between the land and the State-controlled road other than at a location at which access is permitted under the decision; or (b) obtain access using road access works to which the decision applies, if the works do not comply with the decision and the noncompliance was within the person's control; or (c) obtain any other access between the land and the road contrary to the decision; or (d) use a road access location or road access works contrary to the decision; or (e) contravene a condition stated in the decision; or (f) permit another person to do a thing mentioned in paragraphs (a) to (e); or (g) fail to remove road access works in accordance with the decision. Maximum penalty—200 penalty units. (3) However, subsection (2)(g) does not apply to a person who is bound by the decision because of section 68. Page € of 12 Document Set ID: 22544890 Page 16 of 33 Version: 1, Version Date: 16/08/2023
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Attachment C Appeal Provisions Transport Infrastructure Act 1994 Chapter 16 General provisions 485 Internal review of decisions (1) Aperson whose interests are affected by a decision described in schedule 3 (the original decision) may ask the chief executive to review the decision. (2) The person is entitled to receive a statement of reasons for the original decision whether or not the provision under which the decision is made requires that the person be given a statement of reasons for the decision. (3) The Transport Planning and Coordination Act 1994, part 5, division 2— (a) applies to the review; and (b) provides— (i) for the procedure for applying for the review and the way it is to be carried out; and (ii) that the person may apply to QCAT to have the original decision stayed. 485B Appeals against decisions (1) This section applies in relation to an original decision if a court (the appeal court) is stated in schedule 3 for the decision. (2) If the reviewed decision is not the decision sought by the applicant for the review, the applicant may appeal against the reviewed decision to the appeal court. (3) The Transport Planning and Coordination Act 1994, part 5, division 3— (a) applies to the appeal; and (b) provides— (i) for the procedure for the appeal and the way it is to be disposed of; and (ii) that the person may apply to the appeal court to have the original decision stayed. (4) Subsection (5) applies if— (a) a person appeals to the Planning and Environment Court against a decision under section 62(1) on a planning application that is taken, under section 62A(2), to also be an application for a decision under section 62(1); and (b) a person appeals to the Planning and Environment Court against a decision under the Planning Act on the planning application. Page 7 of 12 Document Set ID: 22544890 Page 17 of 33 Version: 1, Version Date: 16/08/2023
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(5) The court may order— (a) the appeals to be heard together or 1 immediately after the other; or (b) 1 appeal to be stayed until the other is decided. (6) Subsection (5) applies even if all or any of the parties to the appeals are not the same. (7) In this section— original decision means a decision described in schedule 3. reviewed decision means the chief executive's decision on a review under section 485. Page 8 of 12 Document Set ID: 22544890 Page 18 of 33 Version: 1, Version Date: 16/08/2023
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Transport Planning and Coordination Act 1994 Part 5, Division 2 — Review of Original Decisions 31 Applying for review (1) A person may apply for a review of an original decision only within 28 days after notice of the original decision was given to the person under the transport Act. (2) However, if— (a) the notice did not state the reasons for the original! decision; and (b) the person asked for a statement of the reasons within the 28 days mentioned in subsection (1) the person may apply within 28 days after the person is given the statement of the reasons. (3) In addition, the chief executive may extend the period for applying. (4) An application must be written and state in detail the grounds on which the person wants the original decision to be reviewed. 32. Stay of operation of original decision (1) If a person applies for review of an original decision, the person may immediately apply for a stay of the decision to the relevant entity. (2) The relevant entity may stay the original decision to secure the effectiveness of the review and any later appeal to or review by the relevant entity. (3) In setting the time for hearing the application, the relevant entity must allow at least 3 business days between the day the application is filed with it and the hearing day. (4) The chief executive is a party to the application. (5) The person must serve a copy of the application showing the time and place of the hearing and any document filed in the relevant entity with it on the chief executive at least 2 business days before the hearing. (6) The stay— (a) may be given on conditions the relevant entity considers appropriate; and (b) operates for the period specified by the relevant entity; and (c) may be revoked or amended by the relevant entity. (7) The period of a stay under this section must not extend past the time when the chief executive reviews the original decision and any later period the relevant entity allows the applicant to enable the applicant to appeal against the decision or apply for a review of the decision as provided under the QCAT Act. (8) The making of an application does not affect the original decision, or the carrying out of the original decision, unless it is stayed. Page 9 of 12 Document Set ID: 22544890 Page 19 of 33 Version: 1, Version Date: 16/08/2023
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(9) In this section— relevamt entity means— (a) if the reviewed decision may be reviewed by QCAT—QCAT; or (b) if the reviewed decision may be appealed to the appeal cour—the appeal court. 35 Time for making appeals (1) A person may appeal against a reviewed decision only within— (a) if a decision notice is given to the person—28 days after the notice was given to the person; or (b) if the chief executive is taken to have confirmed the decision under section 34(5}—56 days after the application was made. (2) However, if— (a) the decision notice did not state the reasons for the decision; and (b) the person asked for a statement of the reasons within the 28 days mentioned in subsection (1)(a); the person may apply within 28 days after the person is given a statement of the reasons. (3) Also, the appeal court may extend the period for appealing. Page 10 of 12 Document Set ID: 22544890 Page 20 of 33 Version: 1, Version Date: 16/08/2023
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Attachment D Permitted Access Location and Path User Sight Triangle Area Permitted access location: e Latitude 26°24'54_34"S, Longitude 152°54'55.36"E Name Permitted Access Lecaton Latitude: | 25°2454.345 Longitude: | 152°5455.25E Page 11 of 12 Document Set ID: 22544890 Page 21 of 33 Version: 1, Version Date: 16/08/2023
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gaat peo DIVIDING FENCE 4, path user sight trangle area must Se provided that is kept clear of of walls, fences, structures (including advertising devices) and eny vegetation and landscaping mus! remain Selow O.5 metres in height J in accortiance with Condition 2 of referral agency response UNIT 1 PADRL 118.300 SLAB RL 118.61 epic > ann R AD =A & Br a oh NN NEN EE Wl oe A A ele Document Set ID: 22544890 Version: 1, Version Date: 16/08/2023 ga 2007, ost | w pgott 4 I 2 Page 12 of 12 Page 22 of 33
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Document Set ID: 22544890 SARA reference: Applicant reference: 220219 11 January 2023 Chief Executive Officer Noosa Shire Council PO Box 141 Tewantin QLD 4565 [email protected] Attention: Dear Sir/Madam Nadine Gorton Queenslan: Government 2211-32243 SRA Council reference: MCU22/0194 SARA response—31 Tewantin Road, Cooroy (Referral agency response given under section 56 of the Planning Act 2016) The development application described below was confirmed as properly referred by the State Assessment and Referral Agency (SARA) on 29 November 2022. Response Outcome: Referral agency response — with conditions. Date of response: 11 January 2023 Conditions: The conditions in Attachment 1 must be attached to any development approval. Advice: Advice to the applicant is in Attachment 2. Reasons: The reasons for the referral agency response are in Attachment 3. Development details Description: SARA role: SARA trigger: Page 1 of7 Version: 1, Version Date: 16/08/2023 Development permit Material change of use for multiple dwelling (three units) Referral agency Schedule 10, Part 9, Division 4, Subdivision 2, Table 4 (Planning Regulation 2017) Development application for a material change of use within 25m of a South East Queensland (North) regional office Level 4, Foundation Place 3 South Sea Islander Way, Maroochydore PO Box 1128, Maroochydore QLD 4558 Page 23 of 33
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2211-32243 SRA state-controlled road SARA reference: 2211-32243 SRA Assessment Manager: Noosa Shire Council Street address: 31 Tewantin Road, Cooroy Real property description: Lot 106 on C5604 Applicant name: Fastwin Investments Pty Ltd c/- Adams and Sparkes Town Planning Applicant contact details: PO Box 1000 Buddina QLD 4575 [email protected] State-controlled road access _— This referral included an application for a road access location, under permit: section 62A(2) of Transport Infrastructure Act 1994. Below are the details of the decision: * Approved ¢ Reference: TMR22-038106 * Date: 5 January 2022 if you are seeking further information on the road access permit, please contact the Department of Transport and Main Roads at [email protected] An applicant may make representations to a concurrence agency, at any time before the application is decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules) Copies of the relevant provisions are in Attachment 4. A copy of this response has been sent to the applicant for their information. For further information please contact Richard Wilson, Planning Officer, on 5352 9774 or via email [email protected] who will be pleased to assist. Jamaica Hewston Manager cc Fastwin Investments Pty Ltd, [email protected] enc Attachment 1 - Referral agency conditions Attachment 2 - Advice to the applicant Attachment 3 - Reasons for referral agency response Attachment 4 - Representations provisions Attachment 5 - Approved plans and specifications State Assessment and Referral Agency Page 2 of 7 Document Set ID: 22544890 Page 24 of 33 Version: 1, Version Date: 16/08/2023
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2211-32243 SRA Attachment 1—Referral agency conditions (Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development approval relating to this application) (Copies of the plans and specifications referenced below are found at Attachment 5) No. Conditions Condition timing Material change of use 10.9.4.2.4.1—The chief executive administering the Planning Act 2016 nominates the Director-General of the Department of Transport and Main Roads to be the enforcement authority for the development Document Set ID: 22544890 Version: 1, Version Date: 16/08/2023 to which this development approval relates for the administration and enforcement of any matter relating to the following conditions: 1. a) The road access location is to be located generally in a) Atall times. accordance with Site Plan, prepared by AUSMAR Homes, dated 26 October 2022, sheet 0.001, revision C as amended in red by |b) and c) SARA on 11 January 2023. Prior to the commencement of use b) Road access works comprising a vehicle crossing - residential driveway must be provided at the road access location. c) The road access works must be designed and constructed in accordance with: i. Institute of Public Works Engineering Australasia (IPWEA), Standard Drawings RS-049 & RS-050 - Vehicle Crossing Residential Driveway. ii. | Department of Transport and Main Roads' Road Planning and Design Manual, 2nd Edition; and iii. Department of Transport and Main Roads’ Guideline: Treatment options to improve safety of pedestrians, bicycle riders and other path users at driveway. and to be maintained at all times. A path user sight triangle area must be provided clear of walls, fences, structures (including advertising devices) and any vegetation and landscaping must remain below 0.5m in height to ensure driver visibility is unobstructed as shown on the Site Plan, prepared by AUSMAR Homes, dated 26 October 2022, sheet 0.001, revision C., @s amended in red by SARA on 11 January 2023. Prior to the commencement of the use and to be maintained at all times. a) Stormwater management of the development must ensure no worsening or actionable nuisance to the state-controlled road. b) Any works on the land must not: i. create any new discharge points for stormwater runoff onto the state-controlled road. ii. interfere with and/or cause damage to the existing stormwater drainage on the state-controlled road. ii. | surcharge any existing culvert or drain on the state- controlled road. iv. reduce the quality of stormwater discharge onto the state-controlled road. a) and b) At all times. State Assessment and Referral Agency Page 3 of 7 Page 25 of 33
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2211-32243 SRA Attachment 2—Advice to the applicant General advice 1. Terms and phrases used in this document are defined in the Planning Act 2016 its regulation or the State Development Assessment Provisions (SDAP) v3.0. If a word remains undefined it has its ordinary meaning. 2. Transport noise corridor Mandatory Part (MP) 4.4 of the Queensland Development Code (QDC) commenced on 1 September 2010 and applies to building work for the construction or renovation of a residential building in a designated transport noise corridor. MP4.4 seeks to ensure that the habitable rooms of Class 1, 2, 3 and 4 buildings located in a transport noise corridor are designed and constructed to reduce transport noise. Transport noise corridor means land designated under Chapter 8B of the Building Act 1975 as a transport noise corridor. A free online search tool can be used to find out whether a property is located in a designated transport noise corridor. This tool is available online at: https:/Avwww_business gid .gov au/industries/building-property- development/building-construction/laws-codes-standards/queensland-development- code/transport-noise-coridor-search. This tool allows searches on a registered lot number and/or property address to determine whether and how the QDC applies to the land. Road access works approval Under section 33 of the Transport Infrastructure Act 1994, written approval is required from the Department of Transport and Main Roads to carry out road works on a state-controlled road. Please contact the Department of Transport and Main Roads’ on [email protected] to make an application for road works approval. This approval must be obtained prior to commencing any works on the state-controlled road reserve. The approval process may require the approval of engineering designs of the proposed works, certified by a Registered Professional Engineer of Queensland (RPEQ). Please contact the Department of Transport and Main Roads’ as soon as possible to ensure that gaining approval does not delay construction. State Assessment and Referral Agency Page 4 of 7 Document Set ID: 22544890 Page 26 of 33 Version: 1, Version Date: 16/08/2023
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2211-32243 SRA Attachment 3—Reasons for referral agency response (Given under section 56(7) of the Planning Act 2016) The reasons for SARA's decision ¢ The development application is for a development permit for material change of use for multiple dwelling (three units). * The development site is located at 31 Tewantin Road, Cooroy, which is formally described as Lot 106 on C5604. * Cooroy-Noosa Road, locally known as Tewantin Road is a state-controlled road. ¢ The proposed development maintains access from the state-controlled road via a new driveway and crossover. * The development therefore required referral to SARA for assessment against the State Development Assessment Provisions (SDAP) version 3.0, State code 1: Development in a state-controlled road environment (State code 1). ¢ SARA has assessed the development and found the development complies with State code 1, subject to conditions to: © ensure the road access location to the state-controlled road from the site does not compromise the safety and efficiency of the state-controlled road 0 ensure the design of any road access maintains the safety and efficiency of the state- controlled road environment oO ensure that the impacts of stormwater events associated with development are minimised and managed to avoid creating any adverse impacts on the state-transport corridor. Material used in the assessment of the application * The development application material and submitted plans ¢ Planning Act 2016 ¢ Planning Regulation 2017 ¢ SDAP (version 3.0), as published by SARA ¢ The Development Assessment Rules * SARA DA Mapping system ¢ Human Rights Act 2019. State Assessment and Referral Agency Page 5of7 Document Set ID: 22544890 Page 27 of 33 Version: 1, Version Date: 16/08/2023
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2211-32243 SRA Attachment 4—Change representation provisions (page le intentionally blank) State Assessment and Referral Agency Page 6 of 7 Document Set ID: 22544890 Page 28 of 33 Version: 1, Version Date: 16/08/2023
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2211-32243 SRA Attachment 5—Approved plans and specifications (page let intentionally blank) State Assessment and Referral Agency Page 7 of 7 Document Set ID: 22544890 Page 29 of 33 Version: 1, Version Date: 16/08/2023
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Development Assessment Rules—Representations about a referral agency response The following provisions are those set out in sections 28 and 30 of the Development Assessment Rules" regarding representations about a referral agency response Part 6: Changes to the application and referral agency responses 28 Concurrence agency changes its response or gives a late response 28.1. Despite part 2, a concurrence agency may, after its referral agency assessment period and any further period agreed ends, change its referral agency response or give a late referral agency response before the application is decided, subject to section 28.2 and 28.3. 28.2. A concurrence agency may change its referral agency response at any time before the application is decided if— (a) the change is in response to a change which the assessment manager is satisfied is a change under section 26.1; or (b) the Minister has given the concurrence agency a direction under section 99 of the Act; or (c) the applicant has given written agreement to the change to the referral agency response? 28.3. A concurrence agency may give a late referral agency response before the application is decided, if the applicant has given written agreement to the late referral agency response. 28.4. Ifa concurrence agency proposes to change its referral agency response under section 28.2(a), the concurrence agency must— (a) give notice of its intention to change its referral agency response to the assessment manager and a copy to the applicant within 5 days of receiving notice of the change under section 25.1; and (b) the concurrence agency has 10 days from the day of giving notice under paragraph (a), or a further period agreed between the applicant and the concurrence agency, to give an amended referral agency response to the assessment manager and a copy to the applicant. ' Pursuant to Section 68 of the Planning Act 2016 2 In the instance an applicant has made representations to the concurrence agency under section 30, and the concurrence agency agrees to make the change included in the representations, section 28.2(c) is taken to have been satisfied. Page 1 of2 Document Set ID: 22544890 Page 30 of 33 Version: 1, Version Date: 16/08/2023
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Part 7: Miscellaneous 30 Representations about a referral agency response 30.1. An applicant may make representations to a concurrence agency at any time before the application is decided, about changing a matter in the referral agency response.* 2 An applicant may elect, under section 32, to stop the assessment manager's decision period in which to take this action. If a concurrence agency wishes to amend their response in relation to representations made under this section, they must do so in accordance with section 28. Page 20f2 Document Set ID: 22544890 Page 31 of 33 Version: 1, Version Date: 16/08/2023
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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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