MCU10/2065.01Compiled Decision Notice

Officer:	Glen Conforti
Direct Telephone:	07 53296241
Our Reference:	GCONFORTI:MCU15/2065.01
Your Reference:	N/A
18 August 2015

Ms Lynelle Corkill
PO Box 11434
CENTENARY HEIGHTS  QLD  4350

[email protected]

Dear Sir/Madam

Compiled Decision Notice
Sustainable Planning Act 2009

I refer to your request to extend the relevant period of an existing approval.  On 14 August 2015 , Council decided your requested changes.

Details of the decision are as follows:
1.	APPLICATION DETAILS

Application No:	MCU10/2065
Street Address:	17 Grant St NOOSA HEADS  QLD  4567
Real Property Description:	Lot 11 SP 179879
Planning Scheme:	The Noosa Plan (11 May 2009)

2.	DECISION DETAILS

Council on 2 August 2011 decided to issue the following type of approval:

Development Permit for Material Change of Use - Multiple Housing type 2 (Duplex)

In relation to representations, Council on 20 September 2011 decided to agree in part to the representations and issue a Negotiated Decision Notice in accordance with the following:

A.	Approve a change to Conditions 10.3 & 12.
B.	Amend Condition 13 updating the relevant period.
C.	Refuse to change Condition 22.

In relation to the request to extend the relevant period of the existing approval, Council on 14 August 2015 decided to:
A.	Approve a change to condition 13 extending the relevant period to 20 September 2017.

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is identified in the assessment manager conditions.

4.	CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

This development approval is subject to compliance with the following assessment manager conditions:

PLANNING
General
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 and as amended by these conditions:-
Plan	Rev.	Plan Name	Date
Drwg No. A-01	C	Site Plan Level 1, prepared by EPS Design	14/07/11
Drwg No. A-02	C	Site Plan Level 2, prepared by EPS Design	14/07/11
Drwg No. A-03	C	Level 1, prepared by EPS Design	14/07/11
Drwg No. A-04	C	Level 2, prepared by EPS Design	14/07/11
Drwg No. A-05	D	Southeast & Northeast Elevations, prepared by EPS Design	14/07/11
Drwg No. A-06	B	Northwest & Southwest Elevations, prepared by EPS Design	14/07/11
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 requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to obtaining a Development Permit for Building Works.
Security Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational 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.
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
Building Design
The building height of the development shall not exceed 8m above the natural or finished ground level, whichever is higher, at any one point.
The garage wall must be setback a minimum 200mm from the southeast boundary and either:-
provided with battens as indicated on the approved plans which comply with part 3.7.1 - Fire Separation of the National Construction Code; or
provided with an alternate façade treatment that is approved by the assessment manager prior to the premises being occupied; and
A fence shall be constructed along the boundary line, in front of the garage.
Landscaping
The open space and setback must be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.
The landscape plans required to be submitted as part of the Operational Works applications are to denote areas of existing vegetation or existing trees proposed, or required to be retained, and shall include:
The frontage must be planted with densely growing native vegetation;
2 x 45 Litre street trees shall be located along the front boundary of the site. Council recommends the planting of appropriate edible fruit tree varieties, where practical;
Screening vegetation shall be provided along the southern side boundary, with a minimum width of 500mm, except where the driveway and garage protrudes into this area as indicated on the approved plans;
The rear and northeast boundary of the site is encumbered by a sewer lines and the following species shall not be utilised for this planting:
Gum trees (particularly those that grow into large trees);
Fig trees; or
Lilly pilly trees.
Cleared vegetation is to be suitably processed by one of the following methods and removed from the site:-
Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a minimum of 10 metres between edges of heaps.
Disposal for firewood.
Disposal for landscaping purposes.
Transport to alternative site for breaking down materials provided that all necessary permits have been obtained to allow the alternate site to be used for this purpose.
The disposal method for clearing works is to be submitted in conjunction with an application for a Development Permit for Operational Work. The Applicant is advised that other methods may be considered provided full details of the method are submitted.
The Applicant is advised that burning off is an unacceptable method of disposal.
Fencing
Front fencing shall be setback an average of 1 metre from the front property boundary, as indicated on the approved plans.

Relevant Period
The Development Permit for a material change of use lapses if the use has not happened by 20 September 2017, unless an application to extend the currency is approved by Council.

CIVIL ENGINEERING

Vehicle Access
A vehicular access driveway to serve the development must be constructed from the Grant Street frontage of the site with a maximum width of 4.5m at the property boundary.
The driveway must be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any step or level difference.  Should any driveways be constructed to grades that do not comply with AS/NZS 2890.1-2004, Council will require that the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath must be avoided, as it is preferred to have the footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway must comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4.  The applicant must demonstrate compliance by illustrating these sight lines on the plans submitted for both Operational Works approval and Building Works approval.
All vehicles must enter and leave the site in a forward direction.
Car Parking
Carparking must be provided within the site generally as shown on drawing number A-03 dated 14 September 2010 by EPS Design, except as modified herein.
The carparking area must be designed to comply with the provisions of AS/NZS 2890.1-2004 for user class 1A with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
All carparking must be kept and maintained in a condition fit for use.
Frontage Works
Footpath improvements such as topsoiling, grassing, and tree planting are required to the Grant Street frontage of the site in accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines.  Grass must be couch, free of weeds.
A new 1.5m wide concrete path must be constructed along the Grant Street frontage of the site in accordance with Council’s design standards and to an alignment that protects any significant vegetation or any underground services.
All paths, driveways and parking areas must be designed and constructed to ensure pedestrian safety using non-slip materials, to produce an evenly graded surface finish, and to be in accordance with the Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access & Mobility.
All redundant vehicular crossings to the site must be removed and replaced by kerb & channel, footpath paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications prior to commencement of the use permitted by this permit.
Roof Water & Stormwater Drainage
The design of the internal stormwater drainage system must be in accordance with Council’s Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks and be sufficient to ensure that stormwater runoff from the driveway and vehicle manoeuvring area does not adversely affect the proposed units or any adjoining property.
Roof runoff from any new dwelling must be directed to a rainwater storage system or tank that is installed to ensure water from the rainwater storage system or tank is used for external uses (such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming pools, outdoor cleaning, etc) and for internal (ground floor) use in washing machine cold taps and toilet cisterns. All rainwater tanks are to be designed and installed in accordance with the Queensland Development Code (QDC) current at the time of building approval, and must be part of the plumbing application for approval.  The location and capacity of the tanks must be clearly shown on the plans submitted for Building Works and Operational Works approval and any overflow must be directed to the stormwater drainage system.
All stormwater drainage (including roof water overflow from the rainwater storage system) must be collected and discharged so there is no net increase in stormwater runoff from the site.  Stormwater drainage permitted to drain from the site must be discharged to Council’s existing drainage system.
To ensure that polluted run-off does not enter Council’s stormwater drainage system, stormwater run-off from the carparking areas and the driveways must have the first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor/gross pollutant trap provided on site prior to being permitted to discharge into Council’s drainage system.
All other clean stormwater, such as roof water, can be collected on site and discharged through a single underground drain line directly into the existing drainage system, bypassing the grease/oil arrestor/gross pollutant trap.
To this end, a detailed maintenance plan must be prepared for the proposed grease/oil arrestors/gross pollutant trap, which must be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
The approved maintenance plan must be incorporated in the Community Management Scheme for the development and a copy of this must be provided for Council’s records prior to commencement of the approved Use.
A Development Permit for Building Works must not be granted until a Development Permit for Operational Works has been issued in regard to the drainage scheme.
All site stormwater drainage must be by means of a gravity system.
Earthworks
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.
Earthworks carried out on site must not affect the structural integrity of any of the existing fences or structures that border the development site.  Fences that are affected must be replaced prior to the Building Certifier issuing the Certificate of Classification.  In this regard any fences to be replaced must be clearly shown on the plans submitted for Operational Works approval.

Site Stability
A Geotechnical Engineer or similar qualified expert must assess the soil condition on site, determine the soil classification, establish whether any measures are required to protect the stability of adjoining buildings and/or structures and/or land, and make recommendations on the type of foundation system(s) best suited for the proposed development. The recommendations of this report must be incorporated into the design and construction of the proposed development.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site. Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
General
Digital detailed designs including drawings, calculations, specifications etc, must be submitted with any application for a Development Permit for Operational Works in respect of stormwater drainage works. The design must be in accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and Earthworks.  To avoid conflict with underground pipes or services, all existing and proposed services required by the development must be shown on the plans.
Any damage caused to any public utility during the course of construction must be repaired to Council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site must be at no cost to Council.
The transportation of all materials to and from the site must 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 must be covered to prevent materials including dust being windblown from the vehicle.

HEALTHY PLACES

Noise Nuisance
Noise emission from mechanical equipment shall comply with the following requirements:
Air-conditioning and Refrigeration
7am to 10pm: Maximum background + 5dB(A)
10pm to 7am: Maximum background + 3dB(A)
Pumps
7am to 7pm: Maximum background + 5dB(A)
7pm to 10pm: Maximum background + 3dB(A)
10pm to 7am: No audible noise.
Submission of written certification from a suitably qualified person confirming that the noise levels from all mechanical equipment comply when measured at either the residential boundary or outside the most exposed part of an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council. All equipment should be operating at the same time to test the overall noise level created.
Advice: It is highly recommended that the person you engage to certify the installation is involved at the plan development stage so they can recommend where this equipment is best located. They can also advise about noise enclosures and can make other suggestions to avoid noise problems.  It is a lot more costly to try and deal with noise problems after everything is built.
Noise from residential building works shall comply with the following –
Limited to between 7:00am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions.
Not permitted on Sunday or public holidays.
UNITYWATER
The fire-fighting demand on Unitywater’s water supply system from the development must not exceed  15 litres per second.
Separate 25mm PE water services must be installed to a common lot boundary with independent meters installed outside the boundary of the lot in accordance with  Unitywater Standard Drawing SCW 361.
Water meters must be located on alternative boundaries to electrical pillars.
Buildings and other structures must maintain a minimum clearance of 1.5 metres from Unitywater sewer mains, and 1.0 metre from sewer manhole chambers and inspection openings.
The storm water retention system must be located a minimum of 1.5 metres from Unitywater sewerage infrastructure.
Stormwater pipes greater than 225mm diameter must maintain a minimum clearance of 1.0 metre from Unitywater sewerage infrastructure.
The level of the existing sewer manholes must be adjusted to suit the proposed finished surface levels. Work must be undertaken by Unitywater at the applicants cost.
Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature and suitable approved varieties.
Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.

5.	REFERRAL AGENCY CONDITIONS

Not Applicable

6.	APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following tables:

Approved Plans
Plan	Rev.	Plan Name	Date
Drwg No. A-01	C	Site Plan Level 1, prepared by EPS Design	14/07/11
Drwg No. A-02	C	Site Plan Level 2, prepared by EPS Design	14/07/11
Drwg No. A-03	C	Level 1, prepared by EPS Design	14/07/11
Drwg No. A-04	C	Level 2, prepared by EPS Design	14/07/11
Drwg No. A-05	D	Southeast & Northeast Elevations, prepared by EPS Design	14/07/11
Drwg No. A-06	B	Northwest & Southwest Elevations, prepared by EPS Design	14/07/11

7.	PLANS/DOCUMENTS REQUIRING AMENDMENT

Nil

8.	ADVISORY NOTES

These Advisory Notes do not form part of this approval or the conditions attached thereto.  The following Advisory Notes are intended to provide guidance to the applicant where necessary and inform the applicant of actions that Council may take with respect to the development site or the approval:

CIVIL ENGINEERING

In this document, an effectively stabilised surface is defined as one that does not:
have visible evidence of soil loss caused by sheet, rill or gully erosion  or
lead to sedimentation, or
- lead to water contamination.
Diverting clean stormwater runoff into a sediment basin is an inferior option to diverting clean stormwater around or through the site because it will cause an increase in the volume and frequency of contaminated releases from the sediment basin. For this reason, diverting clean stormwater into a sediment basin is not acceptable unless the proponent demonstrates that diverting clean stormwater around or through the site is not feasible.
Compensatory controls are erosion controls, flow controls and sediment controls which compensate for the lack of sediment basin and are applied such that the type, timing, placement and management of controls minimise the potential for water contamination and environmental harm. This is primarily achieved by reducing the risk of erosion and subsequent sediment release, for example by turfing or mulching and managing concentrated flows in the area.
Research has shown that sediment basins designed on a “batch” or total storm capture approach are only capable of treating a small percentage of the annual runoff volume without basin size becoming excessive. Innovation in sediment basin design to incorporate continuous flow treatment is likely to occur in the future and as this technology becomes available in best practice guidelines it is required that this technology be adopted where a better water quality outcome will result. In the interim the minimum basin size is as specified in the condition.
Dewatered flows from sediment basins must be treated to ensure total suspended solids concentrations of less than 50mg/L and that pH is within 6.5-8.5 unless it can be demonstrated that a non compliant release occurred to facilitate a better environmental outcome. For example, higher total suspended solids concentrations may be acceptable in circumstances where further rain is imminent and it can be substantiated that releasing partially treated basin water which has a TSS concentration exceeding the release limit, would minimise the total contamination released from the site, by providing for the capture and treatment of expected runoff. However, releasing waters from sediment basins without treatment is not acceptable.

UNITYWATER

Connection to Unitywater live water mains and the Unitywater live sewer system must be undertaken by Unitywater at the applicants cost.
A Trade Waste permit is required prior to any stormwater, groundwater or sump pump discharge into Unitywater’s sewerage system.

STATE PLANNING REGULATORY PROVISION (ADOPTED CHARGES)

This development permit may trigger an 'Adopted Infrastructure Charge Notice' (if applicable) to be issued in accordance with Councils 'Adopted Infrastructure Charges Resolution (No.1) 2011' under the State Planning Regulatory Provision (Adopted Charges) and the Sustainable Planning Act 2009.

GENERAL

Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact on the proposed building work:
The Disability Discrimination Act 1992 (Commonwealth)
Anti-Discrimination Act 1991 (Queensland)
Sunshine Coast Regional Council recommends that the following matters be considered to address equitable access and facilities in the building:
The building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS 1428.2
Applicants should be aware that a “Disability Standard on Access to premises” is currently being developed and most likely will impose changes on the Building Code of Australia
Any services and facilities in the building complex should allow independent, dignified and equitable use of the services and facilities for all people.

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 Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.

9.	PROPERTY NOTES

Not Applicable

10.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable

11.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Works
Development Permit for Operational Works (Access and/or Carparking, Stormwater Drainage, Frontage Works, Site Filling, Landscaping, Erosion & Sediment Control)

12.	SELF ASSESSABLE CODES

Not Applicable

13.	SUBMISSIONS

Not Applicable

14.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable

15.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.

16.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY Original Decision Notice (2 August 2011) Negotiated Decision Notice (20 September 2011), Changes to an Existing Approval (14 August 2015)

Yours faithfully

Glen Conforti
DEVELOPMENT PLANNER

Encl. 	Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

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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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