SUPERSEDED - Negotiated Decision Notice REC16/0015

Officer:	Wilhelm Koschade
Direct Telephone:	07 53296215
Our Reference:	REC16/0015
Your Reference:	M2683

6 December 2016

Kenlynn Pty Ltd
C/- JFP Urban Consultants Pty Ltd
PO Box 6
MAROOCHYDORE  QLD  4558

[email protected]

Dear Sir/Madam

Negotiated Decision Notice
Sustainable Planning Act 2009
I refer to your application and the representations you made in respect to the decision notice. On 6 December 2016 Council decided your representations.
Details of the decision are as follows:
application details
Application No:	REC16/0015
Street Address:	2 David Low Way CASTAWAYS BEACH  QLD  4567
Real Property Description:	Lot 71 MCH 2854
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
Council on 15 September 2016 decided to issue the following type of approval:
Preliminary Approval to Reconfigure a Lot - 1 Lot into 2 Lots and Access easement
In relation to representations, Council on 6 December 2016 decided to:
A.	Agree to change the approval description/type to the following:
Development Permit for a Reconfiguration of a Lot - 1 Lot into 2 Lots and Access easement.
Approve a change to conditions 3 and 7.
Delete condition 1 (a), (b) and 6.
Include Property Note.

Relevant period of approval
The relevant period for this preliminary approval is until 6 December 2020.
assessment manager conditions
PLANNING
Preliminary Approval
Prior the issue of a Development Permit, the following documentation must be submitted to Council for review and approval:
Deleted
Deleted
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this permit must be completed prior to submission of the subdivision plan to Council for compliance assessment.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table and may be further amended by these conditions.
Plan No.	Rev.	Plan, prepared by	Date
M2683 01	E	Reconfiguration Plan (annotated), prepared by JFOP Consultants	02/12/2016
M2683E DR01	A	Engineering Concept – Site Distance & Driveway Plan, prepared by JFOP Consultants	09/06/2016
All lot numbering on the subdivision plan submitted to Council for compliance assessment must remain as shown on the Approved Plans.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Deleted
Vegetation Covenant
A vegetation protection covenant must be registered against the titles of the properties over the area Vegetation Covenant on the Plan M2683-01E-RP.dwg (annotated), pursuant to Section 97A of the Land Title Act 1994. The covenant document and a survey plan must be submitted to Council for endorsement prior to lodgement with the relevant titles authority for registration of title. The covenant document must:
incorporate the requirements of this Decision Notice
include Noosa Council as Covenantee.
reference Queensland Land Title Registry Standard Terms Document No. 715597513
If a provision included in the covenant document is requisitioned or refused registration by the relevant titles authority, a substitute provision must be included in the document which as nearly as practicable addresses the objective sought by the requisitioned or refused provision. The wording of the substitute provision must be agreed by Council.
ENGINEERING
Site Access and Driveways
A sealed access driveway must be provided from David Low Way to all lots. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number M2683E DR01 Revision A and must include in particular:
a driveway crossover generally in accordance with Council’s standard drawing
a driveway width of 5.5 metres extending from the edge of the road formation to the property boundary
a passing opportunity (minimum 5.5 metres wide) between the front property boundary and the access to Lot 2
a sealed driveway minimum 3.0 metres wide for the remainder of the access handle,
underground service conduits for all utility services.
the works (benching and clearing) required within the David Low Way road reserve to construct a complying access
Vehicle access to Lots 1 & 2 is limited to the constructed driveway only.  A clause must be included in the contract of sale for Lots 1 & 2 which requires vehicle access to be from the constructed driveway only, and which prohibits the driveway from being relocated without Council agreement.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Electricity and Telecommunication Services
Reticulated electricity and telecommunication services must be provided to each lot in accordance with an approval for Operational Works and the standards and requirements of the relevant service provider.
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Water Connections
An underground connection to reticulated water must be provided to each lot in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
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 has been provided to each lot.
Easements
An easement for access and services must be registered in favour of Lot 2 against the title of Lot 1. The easement must extend for the full extent of the easement shown on the approved plan.
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms. Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Dedication
The applicant must dedicate as “Road” that part of the site along the David Low Way frontage that is occupied by Council’s existing footpath. The alignment of the new boundary must be a minimum of 500mm from the eastern side of the existing footpath with as few bends as practicable.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Bushfire Management Plan
Any future residential development must be sited and constructed in accordance with the requirements of this decision notice and recommendations of the referenced Bushfire Management Plan, prepared by Bushfire Risk Reducers - dated August 2016.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DSDIP Mike Ahern Government Building 12 First Avenue MAROOCHYDORE  QLD  4558 Email:[email protected]	Reconfiguring a Lot within a Coastal Management District	The agency provided its response on 27 July 2016. A copy of the response is attached.

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
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 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
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 notes
The following Property Notes apply:
Bushfire Hazard
Future development must be undertaken in accordance with reconfiguration approval (REC16/0015) in combination with Bushfire Management Plan prepared by Bushfire Risk Reducers, dated August 2016.
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit to Reconfigure a Lot - 1 Lot into 2 Lots and Access easement
Development Permit for Operational Works (Access)
self assessable codes
Not Applicable
submissions
Not Applicable
reasons/grounds for approval
Not Applicable
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)

OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

DECISION NOTICE HISTORY
Original Decision Notice 15 September 2016
Negotiated Decision Notice 6 December 2016, Change to Approval description, with a change to conditions 3 and 7, the deletion of Conditions 1 (a) – (b) and 6

Yours faithfully,

Wilhelm Koschade
Development Planner

Enc:	Approved Plans/Documents
Appeal Rights
Concurrence Agency Conditions

cc	Unitywater

Mike Ahern Government Building
12 First Avenue
MAROOCHYDORE  QLD  4558
Online: Mydas (at www.dsdip.qld.gov.au)
Email:[email protected]

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

[word/footer1.xml]
PD-DA-FM387/1-13/04/2010	Page 10 of 4

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 8

[word/footer3.xml]
Page 5 of 8

[word/footer4.xml]
PD-DA-FM387/1-13/04/2010	Page 1 of 4

[word/header3.xml]
REC16/0015

[Attachment: image4.png (image text)]
 
 
 

 
 
 

a
mm

  

NOOSA
COUNCIL