Original source · versioned page text
SUPERSEDED - Decision Notice MCU22 0099 [As Published]
Officer: Lisa Pienaar
Direct Telephone: 07 53296514
Our Reference: MCU22/0099
Your Reference: 20220569
3 November 2022
SJ Heron & DM Hill
C/- Adapt Town Planning
PO Box 7618
SIPPY DOWNS QLD 4556
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 3 November 2022, Council decided to approve the
application subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU22/0099
Street address: 36 Riverpark Dr Ringtail Creek Qld 4565
Real property description: Lot 2 SP 265110
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 - Dwelling house
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.
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.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au
Page 1 of 6
Document Set ID: 22161681
Version: 2, Version Date: 03/11/2022
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalSearchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 5 pages
Page 2
Plan Rev. Plan/Document Name Date
No.
01 DA04 Site & Locality Plan, prepared by Skale Building Design 08.09.22
02 DA04 Floor Plan - Basement, prepared by Skale Building 08.09.22
Design
03 DA04 Floor Plan - Ground Floor, prepared by Skale Building 08.09.22
Design
04 DA04 Roof Plan, prepared by Skale Building Design 08.09.22
05 DA04 Floor Plan – Ground floor – Craft /Study and Secondary 08.09.22
Dwelling, prepared by Skale Building Design
06 DA04 South Western Elevation, prepared by Skale Building 08.09.22
Design
07 DA04 South Eastern Elevation (dwelling), prepared by Skale 08.09.22
Building Design
08 DA04 South Eastern Elevation (secondary dwelling and craft) 08.09.22
– Secondary Dwelling & Craft/Study prepared by Skale
Building Design
09 DA04 Sections, prepared by Skale Building Design 08.09.22
11 DA04 Shed floor and elevation plans, prepared by Skale 08.09.22
Building Design
Currency Period
3. This development approval lapses if the use has not happened by 3 November 2028, unless
an application to extend the currency period is approved by Council.
Secondary Dwelling
4. This approval allows for the use of the building for the purpose of a Dwelling House and
Secondary Dwelling in accordance with the administrative use definition of the Noosa Plan
2020.
Performance Bond
5. 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 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.
Ecological
6. The rehabilitation must be implemented in accordance with the Ecological Assessment
Report, prepared by Green Tape Solutions and dated 19 September 2022 prior to occupation
of the dwelling.
7. The rehabilitation works must be by a suitably qualified person, including the following
minimum specifications:
a. Landscape planting specifications in accordance with Landscaping Code and PSP 2
Landscaping;
Page 2 of 6
Document Set ID: 22161681
Version: 2, Version Date: 03/11/2022
Page 3
b. A planting schedule of suitable locally occurring species, plant numbers and locations,
reflective of the Regional Ecosystem 12.3.1 & 12.3.2;
c. Control of all environmental weeds of the site in accordance with best industry practice
for environmental rehabilitation which does not result in bed or bank instability;
d. Avoid undesirable plant species identified in PSP2 Landscaping;
e. Planting densities must result in a stable channel over the long term and minimal
potential for pest plant species.
8. Existing trees on the site must be retained, unless an environmental weed.
Effluent Disposal
9. The development must be provided with an on-site waste water treatment and effluent
disposal system having a capacity suitable for the development and positioned generally in
accordance with the Effluent Disposal Report prepared by Global Testing and dated
21/03/2022 and Ecological Assessment Report Green Tape Solutions and dated 19
September 2022.
ENGINEERING
Approved Plans
10. 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 Plan/Document Name Date
No.
32207- Site silt and Sediment Control, prepared by SCG August 2022
C1.1 Consulting Engineers
32207- Site silt and Sediment Control, prepared by SCG August 2022
C1.2 Consulting Engineers
32207- Garage Drainage Schematic August 2022
C3.1
Stormwater Drainage
11. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property. The works must be undertaken
generally in accordance with drawing No 32207-C3 prepared by SCG Consulting dated
August 2022.
Geotechnical Stability
12. All works must be carried out in accordance with the recommendations contained in section
8 of ARCOS’ Report on Geotechnical Investigation (220329-01-A) dated 31 May 2022.
Earthworks and Retaining Walls
13. All earthworks and associated retaining structures/batters must be contained entirely within
the subject site unless written permission from the respective landowner(s) is provided to
Council. The works must be generally in accordance with SCG Consulting’s drawing Nos
32207-C2.1 and 32207-C1.1 dated August 2022 and must be undertaken in accordance with
the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and
Residential Developments.
14. 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.
Page 3 of 6
Document Set ID: 22161681
Version: 2, Version Date: 03/11/2022
Page 4
Damage to Services and Assets
15. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Infrastructure Charges
1. 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
Building and Construction Industry (Portable Long Service Leave) Levy
2. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Co-ordination of Operational Works Assessment
3. 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.
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 work
Plumbing Permit Effluent Disposal
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.
Page 4 of 6
Document Set ID: 22161681
Version: 2, Version Date: 03/11/2022
Page 5
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,
Lisa Pienaar
Development Planner
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc. Unitywater
Page 5 of 6
Document Set ID: 22161681
Version: 2, Version Date: 03/11/2022
Page 6
Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
Page 6 of 6
Document Set ID: 22161681
Version: 2, Version Date: 03/11/2022