SUPERSEDED - Decision Notice - Approved by Delegation of Authority RAL21 0015

Officer: 	Maxwell Potter
Direct Telephone: 	53296245
Our Reference:	RAL21/0015:
Your Reference:	21/5409
10 March 2022
MJ Tickner & WJ Tickner
C/- Max Watterson & Associates
PO Box 639
COOROY  QLD  4563
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 9 March 2022, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	RAL21/0015
Street address:	23 Little Creek Rd Cooroibah Qld 4565
Real property description:	Lot 3 RP 211638
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot - Rural Residential
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
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.

Approved Plans
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. These plans must be amended in accordance with the conditions.
Plan No.	Rev.	Plan/Document Name	Date
1	1	Plan of Proposed Reconfiguration of Lot 3 on RP211638, prepared by Max Watterson + Associates as amended by Condition 3	22-06-2021
194-001-002	A	General Notes, prepared by BAX Engineering as amended by Conditions	10.11.2021
194-001-100	A	Site Layout Plan, prepared by BAX Engineering as amended by Conditions	10.11.2021
194-001-250	A	Sediment and Erosion Control Plan, prepared by BAX Engineering as amended by Conditions	10.11.2021
194-001-300	A	Driveway 1 Details Plan, prepared by BAX Engineering as amended by Conditions	10.11.2021
194-001-301	A	Driveway 2 Details Plan, prepared by BAX Engineering as amended by Condition 3	10.11.2021
Amended Plans
Prior to endorsement of the plan of survey by Council, a metes and bounds plan shall be submitted to Council indicating the following:
Plan of Proposed Reconfiguration of Lot 3 on RP2311638” prepared by Max Waterson and Associates, Dwg 21-5409AA Rev 1 dated 29-11-21: A building envelope is to be shown for proposed Lot 31 and is to be located in the South-West corner of the proposed lot and outside of the 1% AEP (2100 climate) flood inundation extent. The building envelope is to be contiguous with land which is free from inundation in the PMF event.
Driverway (sic) 2 Details Plan” prepared by BAX Engineering, Dwg 194-001-301 Rev A dated  10/11/21 : Amended note for proposed driveway on Lot 31 to identify that driveway levels, apart from at culvert crossings, are to be at or below existing surface levels so as not to impede flood flows across the site.
Future Development
Any future dwelling constructed within proposed Lot 31 is to be located inside the Building Envelope show on the approved plans (as amended) and is to have a minimum finished floor level of 15.2AHD.
Currency Period
This development approval lapses if the use has not happened by 9 March 2026, unless an application to extend the currency period is approved by Council.
Property Access and Driveways
A residential driveway must be constructed to Lots 30 and 31. The works must be undertaken in accordance with an Operational Works approval and include:
Driveways located generally in accordance with amended plan titled “Site Layout Plan” numbered 194-001-100 Revision A prepared by BAX Engineering dated 10 November 2021,
Driveways generally in accordance with Council’s Standard Drawing RS-056 and any associated addendum,
Driveways that do not block existing overland flowpaths or create additional ponding in the road reserve
Clearing in the road reserve kept to the minimum required to construct a compliant driveway
Is to have finished driveway surface levels, apart from at culvert crossings, which are to be at or below existing surface levels so as not to impede flood flows across the site.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Services
Reticulated electricity and telecommunication services must be provided to each lot in accordance with the standards and requirements of the relevant service provider.
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.
Certification must be submitted to Council from all relevant service providers (Energex and NBN) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
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.
All in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee easements must be designed 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.
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
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.

referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 9, Division 4, Subdivision 2, Table 1, Item 1 (10.9.4.2.1.1) – Reconfiguring a lot near a state transport corridor (Planning Regulation 0217) Schedule 10, Part 9, Division 4, Subdivision 2, Table 3 Item 1 (10.9.4.2.3.1) – Reconfiguring a lot near a state controlled road intersection (Planning Regulation 2017)	The agency provided its response on 6 September 2021   (Reference No.2107-23908 SRA). A copy of the response is attached.

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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.
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:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe vehicle and pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
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

Unapproved Dwelling
Council records indicate that there is an unapproved habitable structure on proposed Lot 30. Please note that this approval does not permit the building to be used as a habitable structure.
property notes
The following property notes will be placed against the subject property in Council’s property record system:
Specific house/effluent site
A specific house site and effluent disposal area has been specified for this property - refer attached plan. No earthworks or construction of outbuildings is permitted within the designated effluent disposal area.
House site specified
A house site has been specified for this property as part of the conditions of subdivision approval. The approved site for the construction of a future dwelling is shown on the attached plan.
Flood
Proposed Lot 31
Part of the lot is flood prone. No building or structure used for domestic living, including dwelling houses and outbuildings (such as garages, carports, garden & tool sheds, swimming pools, effluent disposal trenches, irrigation areas and solid fencing) is to be located below the 1%AEP floodline.
Proposed Lot 30
The note is applicable to the lot but it would appear that part of the existing dwelling may stand below the 1%AEP flood line for the year 2100.
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	Property Access & Driveway.
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,

Maxwell Potter
Graduate Development Planner

Enc:	Appeal Rights
Referral Agency Response
Infrastructure Charge Notice
Approved Plans/Documents
cc.	[email protected]

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	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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