Decision Notice - Council Meeting Decision MCU21 0212 · MCU21/0212

Officer: 	Patrick Murphy
Direct Telephone: 	61753296436
Our Reference:	MCU21/0212
Your Reference:	0290
20 September 2022
GR Deane & CJ Deane
C/- Pivotal Perspective Pty Ltd
95/3 Hilton Tce
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 15 September 2022, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU21/0212
Street address:	66 Seaview Tce Sunshine Beach Qld 4567
Real property description:	Lot 69 RP 81810
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises (Dwelling House)
currency period of approval
The Currency Period for this development approval is stated in the conditions below.
assessment manager conditions
Approve the application in accordance with the following conditions:
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
The applicant must provide a copy of the development approval to the private building certifier who assesses the subsequent development application for a development permit for building works for the construction of the Detached House and the associated deck and pool area.

Approved Plans
3.	Development must be undertaken strictly under the approved plans listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
100.00	J	Site Plan, prepared by Shaun Lockyer Architects	01.09.2022
200.00	J	Floor Plan – Lower Ground	01.09.2022
200.01	I	Floor Plan – Ground Level	01.09.2022
200.02	H	Floor Plan – Level 01	01.09.2022
210.00	H	Roof Plan	01.09.2022
300.00	H	Building Elevations – elevation west	01.09.2022
300.01	H	Building Elevations – elevation north	01.09.2022
300.02	H	Building Elevations – elevation east	01.09.2022
300.03	H	Building Elevations – elevation south	01.09.2022
640.00	A	Landscape details – detail driveway plan	06.05.2022
640.01	A	Landscape details – driveway detail section	06.05.2022
Amended Plans
4	Prior to the issue of any further development approvals amended plans must be submitted to Council. The plans must remove the roof top terrace. The plans must be to the satisfaction of the Manager, Development Assessment.
Approved Documents
5.	Development must be undertaken strictly under the approved documents listed in the following table unless otherwise amended by these conditions.
Document
Tectonic report “Geotechnical Investigation, Proposed residence 66 Seaview Terrace, Sunshine Beach”, reference 21370-001-Rev 1 dated 28 April 2022 Royal Haskoing DHV report ‘Report 66 Seaview Terrace, Sunshine Beach Coastal Hazards Assessment, reference PA2906-RHD-ZZ-XX-RP-Z-0001 dated 3 June 2022
Built form
6.	The maximum height of the development must not exceed 8 metres above ground level in accordance with the approved plans.
7.	Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
8.	The proposed Detached House must be located on the site, as shown on the Site Plan, Drawing No. 100.00, Revision J. The Detached House is not to be located closer than 10.5m to the seaward boundary, except for the cantilevered part of the building which is not to extend closer than 7.5m to the seaward boundary. Certification of the location of the Detached House, including the cantilevered section from the seaward boundary, is to be provided by a licenced surveyor before the issue of a final classification for the Detached House by the building certifier. The certification must be submitted to Council.
Currency Period
9.	This development approval lapses if the use has not happened by 21 July 2028, unless an application to extend the currency period is approved by Council.
Performance Bond
10.	Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 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.
Landscaping
11.	A minimum of 20% of the site must be retained as soft landscaping.
12.	To screen the development, screening vegetation must be planted for the full length of the north and south boundaries, with the exception of the bin/gas/bike store area, in accordance with Council’s Planning Scheme Policy PSP2 - Landscaping.  The planted vegetation must have a minimum pot size of 200mm and consist of native, endemic species with a mature height of not less than 8 metres and a maximum spacing of 2 metre centres.
13.	A mix of native landscaping, such as ground covers, shrubs and trees, is provided for a width of 5 metres from the seaward or rear boundary of the site.  The planted vegetation must have a minimum pot size of 200mm and consist of native, endemic species as per Table 3.1 & 3.2 of PSP2 Landscaping for suitable coastal species.  The planted vegetation must be planted at the following density:
a.	trees must have a maximum spacing of 6m;
b.	shrubs must have a maximum spacing of 1.5m; and
c.	ground covers planted between the trees and shrub must achieve a dense coverage.
14.	The development is to provide adequate landscape buffering to protect the character of the beachfront, to the reasonable satisfaction of the Manager Development Assessment.
15.	Two 100 litre street trees must be provided within the frontage. The trees must be a coastal species in accordance with PSP2 – Landscaping.
Coastal Protection
16.	External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
Pedestrian Access
17.	A pedestrian access gate must not be installed along the seaward property boundary with direct access by residents to the beachfront area not being permitted.

Geotechnical Stability
18.	A footing system and erosion protection system must be designed for the proposed development to withstand the short-term erosion associated with a 500-year average recurrence interval storm event combined with shoreline recession due to sea-level rise for 2100 climate change. The short-term erosion associated with a 500-year average recurrence interval storm event combined with shoreline recession due to sea-level rise for 2100 climate change to be considered for the design as per the recommendations of the Royal Haskoing DHV report ‘Report 66 Seaview Terrace, Sunshine Beach Coastal Hazards Assessment, reference PA2906-RHD-ZZ-XX-RP-Z-0001 dated 3 June 2022.
19.	The footing system and erosion protection system must in accordance with the works detailed in the Tectonic report “Geotechnical Investigation, Proposed residence 66 Seaview Terrace, Sunshine Beach”, (Reference 21370-001-Rev 1 dated 28 April 2022) and other supporting documents referenced in the Tectonic report.
20.	The design must include the protection of the northern and southern boundaries of the site to prevent erosion on neighbouring properties exposing the side boundaries of the site to erosion. The minimum extent of the side boundary protection must be determined by a line drawn at 28° extending upwards to the west from the base of the rear point of the erosion as per the recommendations of Tectonic report “Geotechnical Investigation, Proposed residence 66 Seaview Terrace, Sunshine Beach”, reference 21370-001-Rev 1 dated 28 April 2022.
21.	The design must be accompanied by certification by a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering that the design is satisfactory and will provide a long-term factor of safety concerning slope stability of no less than 1.5.
22.	Following construction, certification must be supplied to Council by an RPEQ specialising in geotechnical engineering that the works have been constructed in accordance with the approved design.
23.	A dilapidation survey shall be carried out of all adjacent properties and structures before the commencement of construction of the proposed development on the site.
24.	Due to the risk of instability on the existing dune slope and the potential for settlement of loose sand on the adjacent properties, vibrations must be kept to a minimum and must be monitored during the construction of the development.  Driven piles (both sheet piles and pile footings) are not permitted on the site.
25.	Landscaping at the rear of the property and the crest of the existing dune slope shall be limited to a maximum surcharge of 5kPa unless a site-specific slope stability analysis is carried out to demonstrate that higher loads are acceptable.
26.	Under no circumstances shall building materials be temporarily stockpiled in the area of the crest of the existing dune slope or on the slope.
27.	Discharge of concentrated stormwater flows onto the dune slope must be avoided, and under no circumstances will subsurface disposal of water be permitted using infiltration pits.
28.	Stormwater runoff from gutters, down-pipes, driveways, and paved areas must be collected and directed by pipes into the Council stormwater system along Seaview Terrace.
29.	The existing dune slope and any areas disturbed by the construction of the proposed development shall be revegetated as soon as possible to reduce the potential for erosion.

Earthworks
30.	Earthworks required on-site must be carried out in accordance with Council’s Planning Scheme Policy PSP6 Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or concentrate or direct overland flow on to an adjoining property.
31.	All earthworks carried out on site must not affect the structural stability of the adjoining lands and/or buildings and/or structures and/or services.
32.	All earthworks and associated retaining structures/batters, both above and below ground level, both temporary and permanent, must be wholly contained within the subject site unless written permission from the respective landowner(s) is provided to Council.
33.	All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Significant Weather Event
34.	Should a significant weather event occur which results in substantial erosion within the site, and undermines the structure and/or renders the Detached House uninhabitable, the owner must
Immediately secure the perimeter of the property to prevent unauthorised access and then undertake necessary works upon the land to make the detached house safe and suitable for habitation in a timely manner.
Any work proposed must be designed to ensure that the work will not cause adverse impacts on other lands or on coastal processes.
Rock, concrete and like hard materials must not be used for the construction of beach protection works.
Any work proposed to be carried out must be undertaken in accordance with Development Permit for Operational Works.
or remove the Detached House and all associated structures including the footpath crossover and make the land safe at no cost to the Council.
Site Access and Driveways
35.	A sealed access driveway must be provided from the existing formation in Seaview Terrace to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include a driveway located generally in accordance with the approved plans.
Stormwater Drainage
36.	Stormwater runoff from the development must be collected and disposed of in accordance with the recommendations of the site specific geotechnical report. Stormwater runoff from gutters, down-pipes, driveways, and paved areas must be collected and directed to Council stormwater drainage system along Seaview Terrace. The works must be undertaken in accordance with an Operational Works approval.
37.	Prior to the commencement of the use a certificate must be issued by an RPEQ certifying that the stormwater drainage system has been constructed in accordance with the conditions of this permit.
Easements
38.	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.
39.	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.
40.	All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Damage to Services and Assets
41.	Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
42.	A temporary fence must be constructed along the site’s boundary to the adjoining park reserve to restrict access, with signage erected that ensures that no access is allowed’.
referral agencies
Not applicable
advisory notes
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe vehicle and pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, and emergency services to advise of agreed construction times, impacts on traffic, services and other relevant issues.
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details.
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill/dump sites, the haulage route, type of vehicle to be utilised during earthworks operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
variation approval details
Not applicable.

further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Access, Stormwater
Development Permit for Building Works	All building works
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,
Kerri Coyle
Manager Development Assessment

Enc:	Appeal Rights
Approved Plans/Documents

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

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

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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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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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