Decision Notice - Approved by Delegation of Authority MCU21 0156

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU21/0156
Your Reference:	0255
6 April 2022
Davrus P/L TTE
C/- Pivotal Perspective Pty Ltd
95/3 Hilton Tce
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 4 April 2022, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU21/0156
Street address:	89, 91 & 93 Eumundi Noosa Rd Noosaville
Real property description:	Lot 1 RP130594, Lots 80 & 81 RP71151
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use for 22 Multiple Dwelling Units
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
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
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
DA.5	F	Site Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.6	G	Ground Floor Site Plan, prepared by Black Wood Architecture & design (as annotated by Council)	1/04/2022
DA.7	F	Level One Site Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.8	F	Site Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.9	F	Site Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.10	F	Site Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.11	F	Site Section, prepared by Black Wood Architecture & design	7/03/2022
DA.12	F	Ground Floor Plan: TH01-TH04, prepared by Black Wood Architecture & design	7/03/2022
DA.13	F	Level One Floor Plan: TH01-TH04, prepared by Black Wood Architecture & design	7/03/2022
DA.14	F	TH01-TH04 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.15	F	TH01-TH04 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.16	F	TH01-TH04 Sections, prepared by Black Wood Architecture & design	7/03/2022
DA.17	G	Ground Floor Plan: TH05-TH08, prepared by Black Wood Architecture & design (as annotated by Council)	1/04/2022
DA.18	F	Level One Floor Plan: TH05-TH08, prepared by Black Wood Architecture & design	7/03/2022
DA.19	F	TH05-TH08 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.20	F	TH05-TH08 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.21	F	TH05-TH08 Sections, prepared by Black Wood Architecture & design	7/03/2022
DA.22	F	Ground Floor Plan: TH09-TH12, prepared by Black Wood Architecture & design	7/03/2022
DA.23	F	Level One Floor Plan: TH09-TH012 prepared by Black Wood Architecture & design	7/03/2022
DA.24	F	TH09-TH12 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.25	F	TH09-TH12 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.26	F	TH09-TH12 Sections, prepared by Black Wood Architecture & design	7/03/2022
DA.27	F	Ground Floor Plan: TH13-TH16, prepared by Black Wood Architecture & design	7/03/2022
DA.28	F	Level One Floor Plan: TH13-TH16, prepared by Black Wood Architecture & design	7/03/2022
DA.29	F	TH13-TH16 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.30	F	TH13-TH16 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.31	F	TH13-TH16 Sections, prepared by Black Wood Architecture & design	7/03/2022
DA.32	F	Ground Floor Plan: TH17-TH18 + APT19-APT22, prepared by Black Wood Architecture & design	7/03/2022
DA.33	F	Level One Floor Plan: TH17-TH18 + APT19-APT22, prepared by Black Wood Architecture & design	7/03/2022
DA.34	F	TH17-TH18 + APT 19-22 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.35	F	TH17-TH18 + APT 19-22 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.36	F	TH17-TH18 + APT 19-22 Sections, prepared by Black Wood Architecture & design	7/03/2022
DA.37	F	Type A Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.38	F	Type A1 Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.39	F	Type B Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.40	F	Type C Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.41	F	Type D Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.42	F	Type E Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.43	F	Type F Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.44	F	External Materials & Finishes prepared by Black Wood Architecture & design	7/03/2022
DA.46	G	Landscape Area, prepared by Black Wood Architecture & design	30/03/2022
DA.48	F	Perspective 1, prepared by Black Wood Architecture & design	7/03/2022
DA.49	F	Perspective 2, prepared by Black Wood Architecture & design (as annotated by Council)	7/03/2022
DA.51	F	Perspective 4, prepared by Black Wood Architecture & design (as annotated by Council)	7/03/2022
DA.52	F	Perspective 5, prepared by Black Wood Architecture & design (as annotated by Council)	7/03/2022
DA.53	F	Perspective 6, prepared by Black Wood Architecture & design (as annotated by Council)	7/03/2022
DA.54	F	Perspective 7, prepared by Black Wood Architecture & design (as annotated by Council)	7/03/2022
DA.55	F	Perspective 8, prepared by Black Wood Architecture & design (as annotated by Council)	7/03/2022
DA.58	A	AO9 Accessibility Compliance, prepared by Black Wood Architecture & design	7/03/2022
DA.59	A	Type B1 Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
Nature and Extent of Approved Use
Eighteen (18) small dwellings and 4 x other dwellings are approved.
Currency Period
This development approval lapses if the use has not happened by 4 April 2028, unless an application to extend the currency period is approved by Council.
Built Form and Development Appearance
The maximum height of the development must not exceed 8 metres above the natural and finished ground levels.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
The north elevation to building TH17 must include at least 1 additional external material finish to further add interest to the elevation, in order to break up the wall face.  Amended plans must be submitted to Council for approval prior to the issue of an operational works approval.
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
The refuse area must be of muted environmental tones to reduce the visual impact of the infrastructure in the streetscape and suitably screened by landscaping where viewed from the street.
The development must use muted environmental colour tones that blend with the natural environment.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to pre-start meeting. 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.
Protection of Privacy
A maximum of 0.6m of fill is permitted within 1m of the boundary where adjoining a residential use.
Screening devices for the upper decks of TH4, TH5 & TH8 must be provided as indicated on the approved plans and where necessary to meet privacy conditions of this Decision Notice.
To ensure privacy is protected between adjoining properties to the north and west, TH 1-8 must:
provide screening devices to upper level balconies; and/or
have a minimum window sill height or 1.7 metres above floor level; and/or
be fitted with translucent glazing; and/or
be fitted with fixed external screens.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Fencing and Walls
The maximum height any fences adjoining a residential use must not exceed 2.0m above the natural ground level at any point.  If additional height is required to satisfy the acoustic condition of this notice, this should be in accordance with an Operational Works approval.
Street fencing must be provided generally as shown on the approved plans.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street. A mix of understorey and taller species must be included.
A privacy fence must be constructed to the full length of the northern, southern and eastern boundaries.
The fence along the boundary adjoining Lot 99 SP106085 and Lot 100 SP106085 (adjoining visitor car spaces) must be constructed to prevent nuisance from car head lights and be acoustically constructed to limit the transfer of noise. Written certification must be provided to Council confirming the acoustic treatments have been incorporated.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Community Management Statement
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.
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:
The site includes a stormwater management and water quality treatment system.
The stormwater management and water quality treatment system must be maintained in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1).
The full cost of maintaining the system in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) must be included in the proposed levies for each dwelling owner/body corporate.
Land Amalgamation
All properties the subject of the development must be amalgamated into a single lot prior to approval of Building Works.  Certification and evidence of such amalgamation must be submitted to Council prior to commencement of works.
Noise
Written certification is required from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following:
Air-conditioning and Refrigeration
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable = background + 3dB(A)
Pumps
7am to 7pm: Maximum level allowable = background + 5dB(A)
7pm to 10pm: Maximum level allowable = background + 3dB(A)
10pm to 7am: No audible noise.
The certification must be submitted to Council, which certifies that operational noise from any fixed plant and equipment complies and with the requirements of this Decision Notice.
Waste Storage
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
ENGINEERING
External Works
Eumundi Noosa Road must be upgraded at the frontage of the development site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Extending the raised concrete central median so it extends 6m past the southern side of the proposed crossover and making any necessary adjustments to surrounding line marking at the frontage of the site to accommodate this median extension; and
Removal of the existing property access crossovers to 89, 91 and 93 Eumundi Noosa Road and reinstatement of the kerb and channel.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Construction of a 2.0m wide concrete footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed generally in accordance with plan number 31131-C6.1 as prepared by SCG Consulting Engineers.
This condition is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk infrastructure identified by Council’s LGIP to service the development.
Site Access and Driveways
A sealed access driveway must be provided from Eumundi Noosa Road to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
A driveway crossover generally in accordance with plan numbers 31131-C6.1 & 31131-C6.2 as prepared by SCG Consulting Engineers and Councils Standard Drawing RS-051.
Car Parking
A minimum of 34 car parking spaces must be provided and marked on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
A minimum of 34 covered parking spaces within the total;
A minimum of 8 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use;
1 disabled parking space/s within the total; and
Dimensions, crossfalls and gradients must be in accordance with Australian Standard AS2890: Parking Facilities.
Suitable ingress and egress to visitor car spaces must be demonstrated with any Operational Works application. If this cannot be achieved, amended plans relating to this approval must be submitted.
Stormwater Drainage
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 the Queensland Urban Drainage Manual and be generally in accordance with SCG’s Stormwater Management Plan, ref. 31131 (SWMP), Rev B, dated 02/03/2022 and plan numbers 31131-SW1.1 Rev B, 31131-SW1.2 and 31131-SW1.5 as prepared by SCG Consulting Engineers.
Services
Underground reticulated electricity and telecommunication services must be provided to each unit 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 (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
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.
Earthworks and Retaining Walls
All fill, associated batters and retaining structures, both above and below ground must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with an Operational Works approval and be generally in accordance with plan numbers 31131-C3.1 – “Bulk Earthworks”, and 31131-C3.2 – “Earthworks Sections”, prepared by SCG Consulting Engineers.
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.
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.
Landscaping Works
The development site must be landscaped in accordance with Planning Scheme Policy PSP2 – Landscaping and cover at least 35% of the site.  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:
the works shown on the Approved Plans;
provide a planting and plant schedule including species and pot size;
a minimum 1 metre wide densely landscaped strip between the fence and the front property boundary on Eumundi Noosa Road frontage of the subject site, exclusive of the access driveway, generally uncompromised by infrastructure items;
a minimum 1 metre wide densely landscaped strip planted at a maximum of 1.5m centres behind the Eumundi Noosa Road frontage fence;
minimum 1 metre wide garden to the full length of both side boundaries and rear boundary. The gardens must include screening trees planted at a maximum of 1.5m centres and have a 200mm pot size. The trees must have a mature height of at least 6m;
landscaping required at front entry area;
suitable screening trees planted at a minimum 6m height and maximum 1.5m centres around the edge of the bioretention in particular along the rear and side boundaries;
Provision of 1 street tree within the road reserve for every 8m of road frontage (location considering sightlines);
1 x 45 litre feature shade tree in each garden;
Bioretention area: The area provided is suitable for screening plantings of trees (eg. melaleuca quinquinervia).  Provide 45L trees at maximum 3m spacings within this area outside of the filter media area to visually screen the development from adjacent properties.
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.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Stormwater Drainage
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 the Queensland Urban Drainage Manual, and must include in particular:
the works described in Site Based Stormwater Management Plan (prepared by SCG Consulting Engineers, dated 02/03/2022);
the use of gravity stormwater drainage and not surcharge pits;
Design of the internal roadway drainage to ensure all floor level including garages (particularly on the downslope side of the internal roadway) are not inundated in the 1%AEP climate change event at Year 2100;
Design of the internal drainage system to ensure all flows in the 1%AEP climate change event at Year 2100 reach the detention basin;
Updated analysis for the portion of the site discharging to Eumundi-Noosa Rd either demonstrating that the roadway flow criteria of QUDM (Section 7.4) are still achieved in the road for the 1%AEP event despite the increase in discharge from the site, or provision of detention for this part of the site such that non-worsening discharge to the road is achieved.
Stormwater
In conjunction with the application for Operational Works approval, provide CCTV survey of the downstream stormwater network and demonstrate that the system has the capacity assumed in the Stormwater Management Plan (prepared by SCG Consulting Engineers, dated 02/03/2022).  Maintenance and rectification of the system is to be undertaken if required to restore system capacity, prior to commencement of works within the development site.
Stormwater Quality Management
A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and the latest version of the Water Sensitive Urban Design Technical Design Guidelines for South East Queensland, and must include in particular:
stormwater quality treatment devices of a size and location generally in accordance with those shown in Site Based Stormwater Management Plan (prepared by SCG Consulting Engineers, dated 02/03/2022)
bioretention devices which:
are modified to include a maintenance access ramp from the internal roadway to the floor of the basin with minimum width of 2.5m;
are designed generally in accordance with the Bioretention Technical Design Guidelines (Water by Design, 2014)
are designed generally in accordance with IPWEA Standard Drawing No. DS-073, DS-075, DS-076, and DS-078
are provided with a free-draining outlet from the sub-soil drainage system
Rainwater storage and reuse consistent with the Site Based Stormwater Management Plan (prepared by SCG Consulting Engineers, dated 02/03/2022)
Permanent educational signage must be erected to educate the public about the function of the bioretention device(s).
All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). Records of all maintenance activities undertaken must be kept and made available to Council upon request
Any proposed Community Management Statement required for the development must include Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) and must include the full cost of maintaining the system in accordance with Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The cost of maintaining the system must be included in the proposed levies for each unit owner.
Erosion and Sediment Control
In conjunction with the application for Operational Works approval, provide an erosion and sediment control plan, prepared in accordance with Best Practice Erosion and Sediment Control (IECA, 2008) and which achieves the construction phase stormwater design objectives of the State Planning Policy 2017. In addition, the ESCP is to demonstrate how the downstream residential properties will be protected from increases in peak flows and contaminated (with sediment) site runoff through all stages of construction.

DEMOLITION
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council prior to the issue of a Development Permit for Building Works for demolition, to secure the demolition conditions of this approval. The cash bond or trading bank guarantee will be returned on performance of the demolition conditions of this approval less any costs incurred by Council in respect of enforcing performance of these demolition conditions. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Works
Demolition must be undertaken in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste management
A Waste Management Plan (demolition) must be submitted in accordance with Planning Scheme Policy PSP10 - Waste Management and approved by Council’s Waste Coordinator prior to issue of a development permit for Building Works for demolition, removal or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free.  Higher gate fees are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The areas for the storage and separation of waste shown on a site plan;
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and
Table – Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s and the like. If the site remains vacant for more than 30 days the lot/s must be turfed or landscaped in accordance with Planning Scheme Policy PSP 2 – Landscaping and to the satisfaction of Council so as to not cause nuisance to the surrounding area.
All waste materials must be removed from site.
Litter, erosion and sediment control
Litter, erosion and sediment control measures must be installed and maintained until soils are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage system (e.g. roadside gutter).
Asbestos
Removal of building materials containing asbestos must be undertaken by a licensed asbestos removalist.
Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011 requires a licensed asbestos removalist to give notice to Workplace Health and Safety Queensland (WHSQ) of licensed asbestos removal work at least five days before the work commences. Notification must be made using Form 65: Notification of licensed asbestos removal work, demolition work or emergency demolition.
All building materials containing asbestos products are wrapped and disposed of in accordance with the Public Health Regulation 2006 and the Environmental Protection Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses businesses that transport asbestos waste, and landfills that accept this waste.
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at demolition of a building, the existing sanitary drain upstream from the connection point for a service provider’s sewerage system must be sealed water tight. This work is deemed as notifiable Work and must be carried out by a suitably licenced plumber who must submit an As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building Construction Commission) within 10 days of completing the work.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
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
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
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
Appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD);
Provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased; and
Maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures.
Infrastructure Charges
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
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 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
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:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
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
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. MCU21/0156 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 plan/s not be submitted, the applicant is advised that a Preliminary Approval for OPW may be issued in lieu of a Development Permit.
Infrastructure Charges
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
Balance Lot for Staged Building Format Plans
In accordance with the Planning Act 2016, any proposal to stage the titling arrangements of the development such that a Building Format Plan is registered with a balance lot for future development will first require a Development Permit for Reconfiguring a Lot be obtained from Council.
Sustainability
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
Fires in Urban Areas
Please note that in urban areas of the Noosa Shire Council area, fires are prohibited except where in an appliance used for domestic heating or cooking purposes, which must comply with particular Standards. Any area identified as a fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local Law No. 3, Schedule 3.  Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
property notes
Not applicable
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Access, carparking, Stormwater, Drainage work, Earthworks, Landscaping, Vegetation Clearing.
Development Permit for Building Works	All building work.
submissions
Not applicable.
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.
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

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(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 –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(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 appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to 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

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