MCU15/0034 Negotiated Decision Notice

Officer:	Jack Lewis
Direct Telephone:	07 53296236
Our Reference:	JLEWIS:MCU15/0034
Your Reference:	NBN-4BBZ-4GYM-5132-Schreibers

31 August 2015

NBN Co
C/- Aurecon
Locked Bag 331
BRISBANE  QLD  4001

[email protected]

Dear Sir/Madam

Negotiated Decision Notice
Sustainable Planning Act 2009
I refer to your application and the representations you made in respect to the decision notice. On 28 August 2015 Council decided your representations.
Details of the decision are as follows:
application details
Application No:	MCU15/0034
Street Address:	249 Schreibers Rd COORAN  QLD  4569
Real Property Description:	Lot 12 RP 883248
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
Council on 30 July 2015 decided to issue the following type of approval:
Development Permit for Material Change of Use - Infrastructure Uses - Service & Utility Type 3 Tower
In relation to representations, Council decided to:
A.	Agree to change conditions 2 and 11.
Relevant period of approval
The relevant period for this development approval is 4 years starting the day that this development approval takes effect.
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 unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
4GYM-51-32-SCHR-C1	02	Site Specific Notes and Antenna Table drawn by Aurecon	23/04/2015
4GYM-51-32-SCHR-C2	02	Overall Site Plan drawn by Aurecon	23/04/2015
4GYM-51-32-SCHR-C3	03	Site Setout Plan drawn by Aurecon	05/05/2015
4GYM-51-32-SCHR-C2	03	Site Elevation and Details drawn by Aurecon	05/05/2015
LP1.01	B	Landscape Plan drawn by Jeremy Ferrier Landscape Architect	18/08/2015
LP1.02	B	Landscape Specification Notes & Details drawn by Jeremy Ferrier Landscape Architect	18/08/2015
LP1.03	B	Tree Retention Plan drawn by Jeremy Ferrier Landscape Architect	18/08/2015

Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Building Height
The maximum height of the structure must not exceed 41 metres above the finished ground level and the natural ground surface.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the monopole structure does not exceed the maximum height requirement of this Decision Notice.
No lights are permitted to be attached to the telecommunications facility, except where required for aircraft hazard lighting purposes or similar.
Health and Safety
The development must not, at any time during the life of the development, result in human exposure to environmental electromagnetic emissions exceeding the current regulations, standards and/or recommendations of the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA). The carrier of the infrastructure must provide, at any time upon request by Council, written certification to demonstrate compliance with this condition. The written certification must assume:
a maximum number of users over the lifetime of any pole or other supporting structure
full power usage
a maximum down tilt of antennae.
Warning information signs and security fencing must be provided on the site to prevent unauthorised entry.  Fencing must be camouflaged through the use of colours, materials and screening vegetation to blend the fence into the visual landscape.
Colours and Finishes
The monopole and associated panels must be finished in colours that blend in visually into the landscape.
Cessation of Use
The telecommunications facility must be removed from the site upon cessation of the use.
Landscaping Plan
Dense screening vegetation shall be established around the enclosure in accordance with Council’s Policy on Landscaping Guidelines and the approved landscaping plans. Such landscaping is to be completed prior to the commencement of the use and maintained at all times thereafter.
referral agency conditions
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response
Advice Agency	Powerlink PO Box 1193 Virginia Qld 4014	Item 7, Table 3 of Schedule 7 of the Sustainable Planning Regulation 2009 (a material change of use in certain circumstances)	The agency provided its response on 15 May 2015. A copy of the response is attached.

Advisory notes
Not Applicable
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Building Works (all Building Works)
self assessable codes
Not Applicable
submissions
There were 3 properly made submissions about the application. In accordance with Sustainable Planning Act 2009, the name and address of the principal submitter for each properly made submission is provided and attached.
reasons/grounds for approval
The Assessment Manager considers the decision conflicts with the planning scheme and the following are sufficient grounds to justify the decision despite the conflict:
The telecommunications facility will provide coverage for the NBN fixed wireless network, allowing for the delivery of higher speed data to rural residential households in the Cooran area; and
The proposal will not significantly impact on the visual or residential amenity of the locality as it is to be located near existing infrastructure, and is screened by existing vegetation.
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.
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

DECISION NOTICE HISTORY Original Decision Notice (30 July 2015) Negotiated Decision Notice (28 August 2015)

Yours faithfully

JACK LEWIS
DEVELOPMENT PLANNER

Enc:	Compiled Approved Plans
List of Submitters
Appeal Rights
Referral Agency Response

cc:	Unitywater
[email protected]

Powerlink
PO Box 1193
VIRGINIA  QLD  4014
[email protected]

	Referral Agency Reponse SUSTAINABLE PLANNING ACT 2009

	List of Submitters SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

Only Properly Made Submissions are to be included in this notice (s335 (1) (l))

Author	Address Details	Email
JL Hill	143 Camp Flat Road	BLI BLI  QLD 4560	
M White	365 Coles Creek Road	COORAN  QLD  4563	[email protected]
Dr M Batchler	367 Jampot Creek Road	COORAN  QLD  4563	

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 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.

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.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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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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