Extension to Currency Period - Approved 132007.776.07

Officer: 	Georgina Schramm
Direct Telephone: 	07 53296569
Our Reference:	132007.776.07
Your Reference:	n/a
5 May 2022
KS Jones
176 Dath Henderson Rd
LAKE MACDONALD  QLD  4563
[email protected]
Dear Karen,
Extension to Currency Period
Planning Act 2016
I refer to your request received on 16 March 2022, to extend the currency period for an existing development approval. On 28 April 2022, Council decided to approve your request.
Details of the decision are as follows:
APPLICATION details
Application No:	132007.776.07
Street address:	176 Dath Henderson Rd Lake Macdonald Qld 4563
Real property description:	Lot 3 RP 810712
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
decision details
The following type of approval was issued on 14 August 2007
Development Permit for Material Change of Use of Premises – Ancillary Dwelling Unit (Caretakers residence)
In relation to the request to extend the currency period for this approval, Council on 28 April 2022, decided to extend the currency period as detailed below.
Approve the extension to currency period;
Amend condition 12; and
Include Advisory Note 7.
currency period of approval
The currency period for this development approval is stated in the conditions below.

assessment manager conditions
The approved plans for this development approval are listed in the following table:
Plan No.	Rev.	Plan Name	Date
-		Site Plan	April 07
-		Glenbrook 14 (modified), prepared by Kitome and as annotated by Council	28/1/20
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.
The gross floor area of the ancillary dwelling unit shall not exceed 150m2.
The ancillary dwelling unit shall remain subordinate to the agricultural use on the site.  If the agricultural activity ceases the approval for the ancillary dwelling unit will cease also.
The ancillary dwelling unit shall not exceed a maximum building height of 8 metres and 2 storeys from natural and finished ground level.
People other than the caretaker of the agricultural activity and their immediate family shall not occupy the proposed ancillary dwelling unit.
A dam, swimming pool or water tank accessible for use by the fire brigade, that contains at least 5000 litres of water, shall be made available on site for fire fighting purposes.
On site water storage for a minimum of 60,000 litres shall be provided on site to service the detached house.
All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural).
Security in the form of a cash bond or trading bank guarantee to the sum of $2,500 must be submitted, 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.
Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) are not constructed under overhead electricity transmission lines, or within any easements.
The Development Permit for a material change of use lapses if the use has not happened by 14 December 2022, unless an application to extend the currency is approved by Council.
Land Development
Vehicle Access
A vehicular access driveway to serve the new dwelling shall be constructed from the site to Dath Henderson Road at a location 103m south from the northern most end of Lot 3 on RP 810712 .
The driveway shall be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming.  Should any driveways be constructed to grades that do not comply with AS2890.1-2004, Council will require that the driveway be removed and reconstructed to levels that do comply.
All vehicles shall enter and leave the site in a forward direction.
Roof Water & Stormwater Drainage
Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank minimum storage capacity of 60000 litres. The location and capacity of the tanks shall be clearly shown on the plans submitted for Building Works approval.
Effluent Disposal
The design and construction of any on-site effluent disposal system and disposal area (land application area) shall be in accordance with Council’s Planning Scheme Policy PSP24 Effluent Disposal.
Specifically, the land application area shall be positioned such that surface runoff will drain to the on site dam for recycling to the palm plantation.
The land application area shall also be positioned at least 15m from any underground rainwater tanks.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site.
Contributions Towards Council Infrastructure
Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or upgrading various infrastructure at the rates applicable at the time of payment.  An estimate only of the contribution amounts under the current Council policies and requirements is outlined in the table below:
Contribution Required For:	Amount:
PSP12 – Public Open Space Contributions (Park)	$653
TOTAL Contribution Amount =	$653
Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from March 2007 until the date of payment.
All contributions must be paid prior to the change of use happens.
General
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
For the following classes of work associated with development, a Development Permit for Operational Works must be obtained prior to commencement of works relating to that class of work.  The application may combine any or all of these classes of work:-
21.1	Access
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
referral agency conditions
The referral agencies applicable to this application are:
Referral Trigger	Referral Status	Referral Agency	Referral Address
Vegetation Class 3A(c)	Concurrence	Department of Natural Resources & Water	PO Box 573                                                                 NAMBOUR QLD 4560
Electricity Easement	Advice	Energex	GPO Box 1461                      BRISBANE QLD 4001
Please refer to the Decision Notice dated 14 August 2007 for a copy of any referral agency responses.
Deleted
Deleted
plans / documents requiring amendment
Not Applicable
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that makes or causes audible noise to be made from the building work:-
On a Sunday or public holiday, at any time; or
On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
Prior to the commencement of the development, a plumbing assessment must be obtained from Noosa Council’s Plumbing Services Section in accordance with the Plumbing & Drainage Act 2002 (as applicable).
Council reserves the right to inspect the use to ensure compliance with the conditions of the Development Permit.
The applicant is advised that development contributions and infrastructure charges applicable to this development approval have been based on the following Uses Class/ Uses and applicable quantities:-
Existing Development	Approved Development
Existing Use Class / Use	Existing Quantity	Approved Use Class / Use	Approved Quantity
Detached House	1	Ancillary Dwelling Unit (Caretaker’s Residence)	1
Deleted.

Additional Advisory Note - 21/02/2020
An Infrastructure Agreement applies to the land that binds successors in title. The Infrastructure Agreement relates to additional contributions for the development payable for the Transport & Stormwater networks amounting to $8,911.00 and subject to variations in the Consumer Price Index, All Groups Brisbane from December 2013 until the date of payment. The Infrastructure Agreement continues to apply for the development on any further extensions to the currency period.
The site has been identified as being in a “Designated Bushfire prone Area” accordingly, the BCA provisions for bushfire construction may apply.
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.
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 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 on 07 3247 6212 to discuss any obligations under the ACH Act.
Additional Advisory Note – 28/4/2021
The Planning Minister declared a COVID-19 applicable event in 2020 for a period of 6 months, a second extension was granted in 2021 for an additional period of 6 months. Both extensions granted by the Minister under section 275R of the Planning Act 2016 have been applied to development approval
property notes
Not Applicable
PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
further development permits required
Development Permit for Building Works - All Building Works
Development Permit for Operational Works - Access
self assessable codes
The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.
Detached House Driveways Code
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,

Georgina Schramm
Development Planner

Enc	Appeal Rights
Referral Agency Response
DECISION NOTICE HISTORY
Original Decision Notice – 14 August 2007.
Decision Notice Minor – 132007.776.02 - 4 May 2010 – change to condition 12
Decision Notice Minor 132007.776.03 - 14 February 2014 – change to condition 12
Decision Notice Minor 132007.776.04 - 23 June 2016 – change to condition 12
Decision Notice Minor 132007.776.05 - 8 February 2018 – change to condition 12
Decision Notice Minor 132007.776.06 - 21 February 2020 – change to condition 12, amend condition 1 & 19, delete Advisory Note 5, include additional Advisory Note 6, delete item 6
Decision Notice – Minor – 132007.776.07 – 28 April 2022 – change to condition 12 (currency period) and include additional Advisory Note

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
228 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.
(Refer to Schedule 1 of the Planning Act 2016)
(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.
229 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.
230 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.
231 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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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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ee) NOOSA COUNCIL