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SUPERSEDED - Decision Notice MCU22 0099 [As Published]

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                                                                               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
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Document Set ID: 22161681
Version: 2, Version Date: 03/11/2022
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                           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;


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                      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.




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                      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.



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               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




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Version: 2, Version Date: 03/11/2022

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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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Version: 2, Version Date: 03/11/2022

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