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Approved Decision Notice - RAL22 0026

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                                                              Officer:            Georgina Schramm
                                                              Direct Telephone:   07 53296569
                                                              Our Reference:      RAL22/0026
                                                              Your Reference:     218806

               17 January 2023


               BE Hage
               C/- Cadcon Surveying & Town Planning
               PO Box 5774
               MAROOCHYDORE BC QLD 4558
               [email protected]



               Dear Sir/Madam,
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 12 January 2023, Council decided to approve the
               application, subject to conditions.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              RAL22/0026

                   Street address:              96 Black Mountain Range Rd Black Mountain Qld 4563

                   Real property description:   Lot 3 RP 131369

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for Reconfiguring a Lot - Rural Residential (1 into 2 lots)
               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 works required by the conditions of this Decision Notice must be
                       completed prior to submission of the subdivision plan to Council for compliance assessment.




                                                PO Box 141                 P. (07) 5329 6500         [email protected]
                                                TEWANTIN QLD 4565          F. (07) 5329 6501         www.noosa.qld.gov.au
                                                                                                                   Page 1 of 9
Document Set ID: 22258580
Version: 2, Version Date: 18/01/2023
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                      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

                           218806-03-01       -       Proposal Plan, prepared       by   CadCon 25 November
                                                      Surveying & Town Planning                 2022

                           RP00               A       Cover Page prepared by North Coast 7    October
                                                      Environmental Services             2022

                           RP01               A       Site Context prepared by North Coast 7    October
                                                      Environmental Services               2022

                           RP02               A       Rehabilitation Area Detail prepared by 7    October
                                                      North Coast Environmental Services     2022

                           RP03               A       Weed Management Specification by North 7    October
                                                      Coast Environmental Services           2022

                           RP04               A       Revegetation Specification by North Coast 7    October
                                                      Environmental Services                    2022

                           RP05               A       Fencing Specification by North Coast 7    October
                                                      Environmental Services               2022

                           J001050            1       Bushfire   Hazard      Assessment & 27 June 2022
                                                      Management Plan by North Coast
                                                      Environmental Services

               3.     All lot numbering on the subdivision plan to be submitted to Council for compliance
                      assessment must remain as shown on the Approved Plans.
               4.     The development must be undertaken and operated in a manner that causes no detrimental
                      effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
                      lighting nuisance or other emissions.
                      Currency Period
               5.     This development approval lapses if the requirements of the conditions have not been
                      completed and an application for plan seal is not lodged with Council by 12 January 2027,
                      unless an application to extend the currency period is approved by Council.
                      Boundary Encroachments
               6.     Certification must be submitted to Council from a Licensed Surveyor which certifies that:
                      a.      the setback/s to any new boundaries for any existing buildings remaining on the site
                              comply with the relevant provisions of the planning scheme and the Building Act 1975,
                              unless varied by this Decision Notice
                      b.      all constructed access and roadworks (including associated fill batters and retaining
                              walls) are fully contained within a dedicated reserve or registered easement
                      c.      all utility services and connections (eg. electricity, telecommunications, water,
                              sewerage) are wholly located within the lot they serve or alternatively included within
                              an easement




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                      d.      all existing effluent disposal areas are wholly located within the lot they serve and
                              comply with the boundary setback requirements of the Plumbing and Drainage Act
                              2002 and associated codes and requirements
                      e.      all dams (including ponded water, dam walls and associated spillway structures) are
                              wholly located within the boundaries of a single lot
                      f.      all retaining walls and structures are fully contained within the lot they retain
                      g.      any fill, including fill batters, are wholly contained within the subject site and not on
                              adjacent properties
                      h.      for the community title scheme, the road pavement changes required by this Decision
                              Notice accurately demarcate the boundaries of the public and private land.
                      Land Rehabilitation
               7.     The land area identified on the Approved Plans as COV A must be rehabilitated* and
                      removed of all weeds species listed in the following standards and legislation:
                      a.      declared plants under the Land Protection (Biodiversity Act 2014 and sub-ordinate
                              Regulation 2016).
                      The works must be undertaken in accordance with an Operational Works approval.
                      *(Refer to Advisory Note)
                      Covenant
               8.     A vegetation protection covenant must be registered against the title/s of the property over
                      the area identified as COV A on the Approved Plans pursuant to Section 97A of the Land
                      Title Act 1994. The covenant document and a survey plan must be submitted to Council for
                      endorsement prior to lodgement with the relevant titles authority for registration of title. The
                      covenant document must:
                      a.      incorporate the requirements of this Decision Notice
                      b.      include Noosa Council as Covenantee.
                      c.      reference Queensland Land Title Registry Standard Terms Document No. 715597513
                      d.      incorporation of additional covenant term that allows for the inclusion and maintenance
                              of the existing track identified on approved plan RP02, Rev A, Rehabilitation Area
                              Detail prepared by North Coast Environmental Services dated 07/10/2022.
               9.     If a provision included in the covenant document is requisitioned or refused registration by
                      the relevant titles authority, a substitute provision must be included in the document which
                      as nearly as practicable addresses the objective sought by the requisitioned or refused
                      provision. The wording of the substitute provision must be agreed by Council.
                      Fencing to Protected Land
               10.    A permanent fence must be constructed along the entire length of the interface of the Lots
                      within Cov A. The fence must be constructed in accordance with an Operational Works
                      approval and must be in accordance with the approved plan RP03 & RP05, fencing
                      specification by North Coast Environmental, dated 04/10/2022.
                      Plan of Development
               11.    All future development on the approved lots must be sited and constructed in accordance
                      with the approved building envelopes and dwelling controls shown on the Approved Plans.
                      A copy of the approved Plan of Development must be included in the contract of sale for Lot
                      2, together with a clause which requires future dwellings to be constructed in accordance
                      with it.




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               12.    The applicant must prepare a metes and bounds building envelopes plan indicating House
                      site areas and effluent disposal areas for the proposed lots. The areas must be in accordance
                      with the approved plans dated 25 November 2022. The plans must be submitted in both
                      hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates. The applicant must
                      submit the plans to Council for approval prior to the endorsement of the Plan of Survey.
                      Bushfire Management – Reconfiguration Requirements
               13.    All reconfiguration works must be carried out in accordance with the Bushfire hazard
                      assessment and management plan listed within this Decision Notice.
               14.    Certification must be submitted to Council from a qualified person* which certifies that the
                      development has been constructed in accordance with the bushfire management conditions
                      of this Decision Notice.
                      *(Refer Advisory Note)
                      Bushfire Management – Future Dwelling Requirements
               15.    All future dwellings on the approved lots must be sited and/or constructed in accordance with
                      the Bushfire hazard assessment and management plan listed within this Decision Notice.
                      Boundary Encroachments
               16.    Certification must be submitted to Council from a Licensed Surveyor which certifies that:
                      a.      the setback/s to any new boundaries for any existing buildings remaining on the site
                              comply with the relevant provisions of the planning scheme and the Building Act 1975,
                              unless varied by this Decision Notice
                      b.      all constructed access and roadworks (including associated fill batters and retaining
                              walls) are fully contained within a dedicated reserve or registered easement
                      c.      all utility services and connections (eg. electricity, telecommunications, water,
                              sewerage) are wholly located within the lot they serve or alternatively included within
                              an easement
                      d.      all existing effluent disposal areas are wholly located within the lot they serve and
                              comply with the boundary setback requirements of the Plumbing and Drainage Act
                              2002 and associated codes and requirements
                      e.      all dams (including ponded water, dam walls and associated spillway structures) are
                              wholly located within the boundaries of a single lot
                      f.      all retaining walls and structures are fully contained within the lot they retain
                      g.      any fill, including fill batters, are wholly contained within the subject site and not on
                              adjacent properties
                      h.      for the community title scheme, the road pavement changes required by this Decision
                              Notice accurately demarcate the boundaries of the public and private land.
                      Landscaping
               17.    Trees to be retained must be protected from clearing or construction activities by:
                      a.      clearly marking vegetation to be retained with flagging tape
                      b.      installing protective fencing around the drip line of the vegetation
                      c.      restricting stockpiling, storage and vehicle parking to those areas which are already
                              cleared
                      d.      using low impact construction techniques around vegetation.




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                      Property Access and Driveways
               18.    The residential driveway to Lots 1 & 2 Black Mountain Range Road must be constructed to
                      ensure that maximum sight distances can be achieved. The works must be undertaken in
                      accordance with an Operational Works approval and be generally in accordance with ALTA’s
                      Roadwork Driveway Details (A6682/22/P05) dated 28 November 2022 and Standard
                      Drawing RS-056.
               19.    Vehicle access to Lots 1 & 2 is limited to the constructed driveway only. A clause must be
                      included in the contract of sale for Lots 1 & 2 which requires vehicle access to be from the
                      constructed driveway only, and which prohibits the driveway from being relocated without
                      Council agreement.
                      Stormwater Drainage
               20.    Stormwater runoff from the development must be disposed of on-site without causing scour
                      or damage to the subject site or any adjoining property and be generally in accordance with
                      ALTA’s Roadwork Layout Plan (A6682/22/P03) dated 28 November 2022.
                      Services
               21.    Reticulated electricity and telecommunication services must be provided to each lot in
                      accordance with the standards and requirements of the relevant service provider.
               22.    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.
               23.    Certification must be submitted to Council from all relevant service providers (Energex, NBN)
                      which certifies that the development has met the requirements of this Decision Notice and
                      all applicable legislation at the time of construction.
                      Easements
               24.    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.
               25.    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.
               26.    All works must be kept clear of any existing or proposed easements on the subject land,
                      unless agreed otherwise in writing by the Grantee.
                      Geotechnical Stability - Subdivisional Requirements
               27.    All subdivisional works must be carried out in accordance with the recommendations
                      contained in section 4 of Tectonic’s Slope Stability Assessment (22328-001-Rev1) dated 17
                      November 2022.
                      Geotechnical Stability - Future Dwelling Requirements
               28.    All future dwellings on the approved lots must be sited and constructed in accordance with
                      the recommendations contained in section 4 of Tectonic’s Slope Stability Assessment
                      (22328-001-Rev1) dated 17 November 2022, unless varied by a site specific investigation
                      for a particular house lot.
               29.    All future dwellings on the approved lots must be sited within the building envelopes shown
                      on the Approved Plans.
                      Earthworks and Retaining Walls
               30.    All fill and associated batters must be undertaken in accordance with an Operational Works
                      approval, and contained entirely within the subject site unless written permission from the
                      respective landowner(s) is provided to Council.



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               31.    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
               32.    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:
               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.
                      Qualified Person
               2.     For the purpose of preparing a Rehabilitation Plan, a qualified person is considered to be a
                      landscape architect or ecologist with a minimum of 3 years current experience in the field of
                      landscape design.
                      For the purpose of preparing a Bushfire Management Plan, and for certifying compliance
                      with the bushfire requirements of this Decision Notice, a qualified person is considered to be
                      an ecologist with a minimum of 3 years current experience in the field of bushfire assessment
                      and management.
                      Building and Construction Industry (Portable Long Service Leave) Levy
               3.     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
               4.     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.



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                      Advertising Devices
               5.     All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
                      (Administration) 2015 including both temporary and permanent signage. All freestanding,
                      pylon or pole signs or signage that is illuminated requires approval from Council prior to being
                      installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
                      prohibited from being erected in the Shire.
                      Infrastructure Charges
               6.     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
               7.     PROPERTY NOTES

               The following property notes or similar will be added to Council’s rates records for Lots 1 and 2:
                      Slope Stability
               1.     All future dwellings on the approved lots must be sited and constructed in accordance with
                      the recommendations contained in section 4 of Tectonic’s Slope Stability Assessment
                      (22328-001-Rev1) dated 17 November 2022, unless varied by a site specific investigation
                      for a particular house lot.
                      Stormwater
               2.     All future stormwater management and disposal systems must be located in accordance with
                      Alta’s Roadwork Layout Plan (A6682/22/P03) dated 28 November 2022.
                      Vegetation Protection Covenant
               3.     The following notation applies to approved Lot 2:
                      A Vegetation Protection Covenant applies to this lot. No clearing of vegetation is to occur
                      within the covenanted area, except where in accordance with the terms of the covenant.
                      Bushfire Management
               4.     The following notation applies to approved Lots 1 and 2:
                      To ensure the safety of people and property on this property is maintained, all buildings and
                      structures must be sited and constructed in accordance with the bushfire management
                      conditions of Council Approval RAL22/0026.
               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          Driveways, Earthworks, Landscaping

               10.    SUBMISSIONS

               Not applicable.




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               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.
               12.    OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available online at
               www.noosa.qld.gov.au or at Council Offices.


               Yours faithfully,




               Georgina Schramm
               Development Planner



               Enc:   Appeal Rights
                      Infrastructure Charge Notice
                      Approved Plans/Documents




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Page 9

                                                                              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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Document Set ID: 22258580
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