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Negotiated Decision Notice
Noosa Council documents
Officer: Lisa Pienaar
Direct Telephone: 07 53296514
Our Reference: MCU20/0146
Your Reference: 20200327
21 July 2021
TJ Morris & DJ Biss
C/- Adapt Town Planning + Development Management
PO Box 7618
SIPPY DOWNS QLD 4556
[email protected]
Dear Sir/Madam,
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On
16 July 2021, Council decided your representations. This negotiated decision notice replaces the
decision notice of 25 June 2021.
Details of the negotiated decision are as follows:
1. APPLICATION DETAILS
Application No: MCU20/0146
Street address: 503 Middle Creek Rd Federal Qld 4568
Real property description: Lot 8 RP 835350
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council on 25 June 2021, decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises Dwelling and Secondary
Dwelling in Riparian Buffer
In relation to representations, Council on 16 July 2021 decided to:
Refuse to the representations made for the following reasons:
1. The proposed changes do not comply with Overall outcomes 2 b), c), d), e), f), and g) of the
Biodiversity, Waterways and Wetlands Overlay Code, as it does not provide for sufficient
rehabilitation width of the riparian buffer area which limits avoidance of impacts on the
ecologically important area of Middle Creek and it’s systems and processes.
2. The proposed changes do not comply with Performance outcome PO6 c) & d) of the
Biodiversity, Waterways and Wetlands Overlay Code, as it does not allow for sufficient
rehabilitation of the riparian buffer area and thus potentially limits the enhancement of Middle
Creek waterway.
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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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.
Plan No. Rev. Plan/Document Name Date
020-059 A01-01 3 Proposed Site Plan, prepared by Mi Design Studio 06.05.21
020-059 A01-02 3 Proposed Site Plan (clear), prepared by Mi Design 06.05.21
Studio
020-059 A-02-01 1 Ground Floor Plan, prepared by Mi Design Studio 03.11.20
020-059 A-02-02 1 Level 1 Floor Plan, prepared by Mi Design Studio 03.11.20
020-059 A-03-01 1 Elevations, prepared by Mi Design Studio 03.11.20
020-059 A-03-02 1 Elevations, prepared by Mi Design Studio 03.11.20
020-059 A-04-01 1 Perspectives, prepared by Mi Design Studio 03.11.20
020-059 A04-02 1 Perspectives, prepared by Mi Design Studio 03.11.20
020-059 A02-01 2 Studio Ground Floor Plan, prepared by Mi Design 12.01.21
Studio
020-059 A-03-01 2 Studio Roof Plan, prepared by Mi Design Studio 12.01.21
020-059 A-040- 2 Studio Elevations, prepared by Mi Design Studio 12.01.21
01
020-059 A-05-01 2 Studio Perspectives, prepared by Mi Design 12.01.21
Studio
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed within this Decision Notice. The Approved Plans must be amended
to incorporate the amendments listed within this Decision Notice and resubmitted to Council
prior to the issue of any Development Permit for Operational Works.
Setbacks
4. The development (including any balcony/deck areas) must be setback a minimum of 30
metres from the Middle Creek boundary.
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Currency Period
5. This development approval lapses if the use has not happened by 26 June 2027, unless an
application to extend the currency period is approved by Council.
Performance Bond
6. Security in the form of a cash bond or trading bank guarantee to the sum of $5000 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
Nature and Extent of Approved Use
7. The approved use is one dwelling and one secondary dwelling.
Building Height
8. The maximum height of the development must not exceed 8 metres above the finished
ground level and the natural ground surface.
Riparian Buffer Landscaping Works
9. Provide a Rehabilitation Landscaping works plan for the development prepared by a suitably
qualified person as part of an Operational Works application, including the following minimum
specifications:
a) Rehabilitation of the Riparian Buffer area for a minimum of 20m from the middle creek
boundary to achieve the floristic composition of Regional Ecosystem 12.3.1;
b) Landscape planting specifications in accordance with Landscaping Code and PSP 2
Landscaping;
c) A planting schedule of suitable locally occurring species, plant numbers and locations,
reflective of the Regional Ecosystem 12.3.1;
d) 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;
e) Avoid undesirable plant species identified in PSP2 Landscaping;
f) Planting densities must result in a stable channel over the long term and minimal
potential for pest plant species;
10. Existing trees on the site must be retained, unless an environmental weed.
Flood Immunity
11. Minimum building floor levels of all proposed structures are to be a minimum elevation of
0.5m above the 1%AEP flood level calculated at year 2100, based on the flood level
estimates in the report titled: ‘Flood Investigation – 503 Middle Creek Road, Federal’,
prepared by PeakUrban and dated 22nd March 2021.
Water Supply
12. The approved dwelling must be serviced with a rainwater tank having a minimum storage
capacity of no less than 60,000 litres.
Stormwater and Wastewater
13. The location and form of stormwater discharge points do not alter the pre-development
hydrology of receiving surface water or groundwater.
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14. Onsite effluent disposal area is:
a) generally located as per the approved site plan;
b) not located on a slope greater than 10%;
c) not located at or below the 1% annual exceedance probability (AEP flood event);
d) not located in an overland flow path.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
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 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a) the Disability Discrimination Act 1992 (Commonwealth);
b) the Anti-Discrimination Act 1991 (Queensland); and
c) the Disability (Access to Premises – Buildings) Standards.
Infrastructure Charges
3. 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
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Waste Water Treatment and Disposal System
4. The establishment of a waste water treatment and disposal system for the site requires a
Compliance Permit to be obtained from Council under the Plumbing and Drainage Act 2002.
The system must be designed in accordance with the Queensland Plumbing and Wastewater
Code (Department of State Development and Infrastructure & Planning, 2007) and Australian
Standard AS/NZS1547: 2000 “On-site Domestic Wastewater Management” or an alternative
solution approved through Council’s Building and Plumbing branch. Where a development
exceeds the accommodation or use of 21 or more equivalent persons a copy of an Operator’s
Licence from the relevant State will also be required.
Property Driveway and Vehicle Crossover
5. The planning scheme declares Operational Work for the construction of a driveway and
vehicle crossover to the property to be self-assessable against the Low Density Housing
Code. A self-assessable application is required to be submitted to Council for the vehicle
crossover (*link below) OR if the proposed driveway and vehicle crossover does not comply
with each Acceptable Solution contained in the Code, a Development Permit for the work is
required to be obtained from Council.
http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20A
pplication%20Pack.pdf
Sustainability
6. In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building
design for residential and commercial development. Council encourages the use of
sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems
(including the use of inverter/charges), water saving devices and rainwater harvesting. For
further information go to http://www.noosa.qld.gov.au/sustainable-homes
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 Landscaping/rehabilitation
Development Permit for Building Works All building work
Compliance Certificate for Plumbing Works 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.
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.
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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
DECISION NOTICE HISTORY
Original Decision Notice – 25 June 2021
Negotiated Decision Notice – 16 July 2021
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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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