Council archive · source document
Decision Notice MCU22 0199 · MCU22/0199
Officer: Jada Lyons
Direct Telephone: 07 53296527
Our Reference: MCU22/0199 :
Your Reference: 0481
19 May 2023
APAC P/L TTE
C/- Pivotal Perspective Pty Ltd
4/59 Mary Street
NOOSAVILLE QLD 4566
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 12 May 2023, Council decided to approve the
application subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU22/0199
Street address: 317 Lawnville Rd Black Mountain Qld 4563
Real property description: Lot 2 RP 83801
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Material Change of Use - Caretaker’s accommodation & Dwelling
house.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use of the buildings commencing, and then compliance maintained at all times while the
use continues.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Currency Period
2. This development approval lapses if the use has not happened by 12 May 2029, unless an
application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
SK.01 - Site Locality Plan, prepared by K 04/01/2023
Architecture
SK.02 - Caretakers Cottage Site Plan, prepared by 04/01/2023
K Architecture
SK.03 - Caretakers Cottage Plan, prepared by K 04/01/2023
Architecture
SK.05 - Caretakers Cottage Elevations, prepared by 04/01/2023
K Architecture
SK.06 - Caretakers Cottage Elevations, prepared by 04/01/2023
K Architecture
SK.07 P6 Ground Floor Plan, prepared by K 04/01/2023
Architecture
SK.08 P6 North & East Elevations, prepared by K 04/01/2023
Architecture
SK.09 P6 South & West Elevations, prepared by K 04/01/2023
Architecture
Building Height
4. The maximum height of the development must not exceed 8 metres above the ground level.
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, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Building Works. The cash bond or trading bank guarantee
will be returned on performance of the conditions of approval less any costs incurred by
Council in respect of enforcing performance of this permit. Council reserves the right to call
upon the bond or guaranteed sum to effect compliance with conditions.
Nature and Extent of Approved Use
5. The caretaker’s accommodation is approved with a gross floor area of 106m2.
6. The approved caretaker’s accommodation must be used for the purpose of full-time
caretaking associated with the established agricultural activity occurring on the site.
7. The caretaker’s accommodation is not permitted to be used for other residential purposes
(short term accommodation, residential lease not associated with agricultural activity etc.).
Car Parking
8. A minimum of one covered carparking space for the caretaker’s residence and two covered
carparking spaces for the dwelling house must be provided on site and made available and
accessible at all times for residents and caretakers.
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Environment
9. Sediment or any other material including building materials or waste products must not be
deposited or released into the road reserve, stormwater drain or adjacent properties.
Water Supply
10. The approved dwelling must be serviced with a rainwater tank having a minimum storage
capacity of no less than 60,000 litres.
Waste Water Treatment and Disposal
11. The dwelling must be provided with an on-site waste water treatment and effluent disposal
system having a capacity sufficient for the use*.
*(Refer to Advisory Note)
Bushfire Management
12. An accessible dam, swimming pool or water tank (in addition to day to day water supply) with
an onsite water volume of not less than 5,000 litres must be available for firefighting
purposes, located within reasonable proximity to building.
13. A water supply outlet pipe 50 millimetres in diameter and fitted with a standard fire brigade
fitting must be connected to the water supply (other than where the water supply is in a
swimming pool or dam).
ENGINEERING
Site Access and Driveways
14. A sealed access driveway must be provided from Cooroy Belli Creek Road to all parking and
manoeuvring areas of the development. The access driveway must be located and
constructed to not adversely affect the existing conditions of the local road network. The
works must be undertaken in accordance with an Operational Works approval, be generally
in accordance with SCG Consulting’s Driveway Re-Aligning Plan (33002-DR1.1) dated April
2023 and be constructed using compacted gravel and seal as described on RS-056.
Stormwater Drainage
15. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.
Easements
16. 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.
17. 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.
18. 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
19. All works must be carried out in accordance with the recommendations contained in section
7 of Core Consultants’ Geotechnical Investigation & Stability Assessment (J001783-001-R-
Rev1).
Earthworks and Retaining Walls
20. All earthworks and associated batters for the new dwelling must be undertaken generally in
accordance with SCG Consulting Engineers Plan No 33002-C2.1 dated February 2022 and
the recommendations contained in the Geotechnical Investigation & Stability Assessment –
Report No J001783-001-R-Rev 1 prepared by Core Consultants.
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Damage to Services and Assets
21. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Infrastructure Charges
1. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
Building and Construction Industry (Portable Long Service Leave) Levy
2. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Co-ordination of Operational Works Assessment
3. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Waste Water Treatment and Disposal System
4. The establishment of a waste water treatment and disposal system for the site requires a
Compliance Permit to be obtained from Council under the Plumbing and Drainage Act 2002.
The system must be designed in accordance with the Queensland Plumbing and Wastewater
Code (Department of State Development and Infrastructure & Planning, 2007) and Australian
Standard AS/NZS1547: 2000 “On-site Domestic Wastewater Management” or an alternative
solution approved through Council’s Building and Plumbing branch.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Access, driveway.
Development Permit for Building Works All building work.
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10. SUBMISSIONS
Not applicable.
11. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Jada Lyons
Assistant Development Planner
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc. Unitywater
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
Page 6 of 6
Document Set ID: 22432751
Version: 2, Version Date: 19/05/2023
Used in these records
Decision Notice MCU22 0199.pdfRelated documentApplication case desk ↗
2024072 - NSC MCU Decision Notice with Conditions (Dated 19-05-2023) (1).pdfRelated documentApplication case desk ↗
001 ECM_22432751_v2_Decision Notice MCU22 0199.pdfRelated documentApplication case desk ↗
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