SUPERSEDED - Decision Notice - Council Meeting Decision MCU18 0084 · MCU18/0084

Officer: 	Glen Conforti
Direct Telephone: 	07 53296241
Our Reference:	MCU18/0084 I
Your Reference:	18135
21 September 2018
SE Keating & STJE Marsh
C/- Project Urban
PO Box 6380
MAROOCHYDORE  QLD  4558
[email protected]
Dear Sir
Decision Notice
Planning Act 2016
I refer to your application and advise that on 20 September 2018, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU18/0084
Street address:	340 Pomona Kin Kin Rd Pinbarren Qld 4568
Real property description:	Lot 26 M 37911
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Visitor Accommodation Type 3 Rural (6 Cabins)
currency period of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
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 commencing, and then compliance maintained at all times while the use continues.
Approved Plans
2.	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
A1	C	Site Plan, prepared by Jim Morehead Building Design and Drafting as annotated by Council	06/08/18
A2	B	Site Plan – Aerial View, prepared by Jim Morehead Building design and Drafting and as annotated by Council	06/08/18
A3	B	Part Site Plan, prepared by Jim Morehead Building design and Drafting and as annotated by Council	06/08/18
A4	A	2 Bedroom Cabin – Floor Plan & Elevations, prepared by Jim Morehead Building Design and Drafting	01/05/18
A5	A	2 Bedroom Cabin, prepared by Jim Morehead Building Design and Drafting	01/05/18
3.	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.
Built Form
4.	The cabins must be finished in colours that are muted/earth environmental tones that blend with the natural environment.
5.	Window hoods must be provided to all windows to provide weather protection.
6.	Weatherboard cladding must be provided to at least 1 cabin in each Stage.
7.	The maximum height of the development must not exceed that indicated on the approved plans.
Performance Bond
8.	Security in the form of a cash bond or trading bank guarantee to the sum of $3,000 must be submitted to Council prior to the issue of a Development Permit for Building Works, to secure the carparking and landscaping conditions of this approval. The cash bond or trading bank guarantee will be returned on performance of these 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
9.	Screening vegetation must be planted near the cabins in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. In this regard screening trees must:
a.	be planted to the north side and for the full length of the cabins and be setback a minimum of 20m from the northern boundary;
b.	be planted on the western side of Stage 1 cabins to screen the development from the Pomona Kin Kin Road;
c.	must have a minimum pot size of 75mm and consist of species Syzygium smithii (formerly Acmena smithii), Waterhousia floribunda and Syzygium francisii or similar native local species planted at a maximum spacing of 3 metre centres; and
d.	be planted as part of the first stage of development.
10.	Landscaping must be provided in-between the cabins as they are constructed. The landscaping must be in accordance with Council’s Planning Scheme Policy PSP 3 Landscaping Plants and Guidelines.
Staging
11.	The development may be staged in accordance with the stages shown on the Approved Plans. The development need not be completed sequentially in the stage order indicated on the Approved Plans provided the landscaping and carparking area to service the development and associated services are constructed as part of the first stage.
Nature and Extent of Approved Use
12.	The total number of cabins must not exceed 6 and a maximum of 2 bedrooms per cabin.
13.	The cabins must be used for short term visitor accommodation only. The cabins must not be used for permanent accommodation.
Water Supply
14.	The development must be provided with a potable water supply connected to each cabin. The storage capacity of the potable water supply must be a minimum of 4000 litres per cabin.
Waste Water Treatment and Disposal
15.	The development 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)
Waste Storage
16.	Waste storage and disposal facilities must be provided in accordance with Planning Scheme Policy 9, Waste Management.
17.	All refuse and recycling containers must be suitably screened from neighbouring properties.
ENGINEERING
Site Access and Driveways
18.	Approval from the Department of Transport and Main Roads for the final design and construction of the site access and driveway works must be submitted in writing to Council prior to the commencement of the use.
Car Parking
19.	A minimum of 7 car parking spaces must be provided and marked on the site as part of the first stage of development. The carparking area must be designed by a suitably qualified person and must be constructed with:
a.	a suitably bound surface that minimises the impacts of dust and noise on the proposed development and the adjoining property;
b.	dimensions, crossfalls and gradients in accordance with Australian Standards AS/NZS2890.1:2004 and AS/NZS2890.6:2009 for the relevant user class.
Stormwater Drainage
20.	Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Earthworks
21.	All earthworks and associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Damage to Services and Assets
22.	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.
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]	Planning Regulation 2017, Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1 – State transport corridors and future state transport corridors.	The agency provided its response on 10 July 2018 (Reference No. TMR18-024815). 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:
PLANNING
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 (ACH Act).
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 ACH 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 Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
Waste Water Treatment and Disposal System
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. Where a development exceeds the accommodation or use of 21 or more equivalent persons a copy of an Operator’s Licence from The Department of Environment & Heritage Protection will also be required.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
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. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority.
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 Building Works	All Building Works
submissions
There was 1 properly made submission about the application. In accordance with the Planning Act 2016, the name, address and electronic address of the principal submitter for each properly made submission is provided and attached.
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:	Referral Agency Response
List of Submitters
Appeal Rights
Infrastructure Charge Notice x 2
Approved Plans/Documents
cc.	[email protected]

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017

Author	Address1	Address2
Sallie Strang		[email protected]

<

	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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ee) NOOSA COUNCIL


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Queensland
Government

‘State Development,

 

Manufacturing,
Infrastructure and Planning

Our reference: 106-6752 SRA

Yourreference: — MCUT8/0084

18 July 2018

‘The Chief Executive Officer

Noosa Council

PO Box 141

‘TEWANTIN QLD 4565,

‘[email protected]

‘Attention: Glen Confort

Dear Mr Confort

Referral agency response—with conditions
(Given under section 58 ofthe Planning Act 2016)

“The development application described below was property referred to the Department of State
Development, Manufacturing, infrastructure and Planning (the department) on 12 June 2018.

 

 

 

Applicant details
“Applicant name: ‘SE Keating and STJE Marsh Cl Project Urban
Applicant contact details: Mick Sheppard
PO Box 6380
MAROOCHYDORE B.C. QLD 4558
[email protected] au
Location details
‘Street address "340 Pomona Kin Kin Road, Pinbarren QLD 4568
Real property description: Lot 26 on M37911
Local government area: Noosa Regional Council
Application details
Development permit, ‘Material change of use for visitor accommodation — type 3 rural

Referral triggers
‘The development application was referred tothe department under the folowing provisions of the
Planning Regulation 2017:

© 1094241 ‘State transport coridors and future state transport corridors

 

‘Seuth East Queensland (Nor) gona
oe
Iie Ahem Busing. Level 2, 12 Fist

‘Rrenue Maroocnyre
Page tof POBox 1128 Maroochydore QLD 4553


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1206-5752 SRA

Conditions

‘Under section 56(1)(B){) of the Planning Act 2076 (the Planning Act), the conditions set out in
‘Attachment 1 must be attached to any development approval

Reasons for decision to impose conditions
“The depariment must provide a reason Tor the decision to impose @ condition. This reason is set outin
Attachment 2.

Approved plans and specifications
‘The department requires thatthe plans and specifeations set out below and enclosed must be attached
‘to any development approval.

 

Drawing/Report title | Prepared by Date Reference no, | Versioniissue

 

Aspect of development: MCU - Visitor Accommodation ~ Type 3 Rural

 

Site Plan Jim Moehead - building | 01.05.18 1804.1 A
design and drafting

 

 

 

 

 

 

 

Advice to the assessment manager

‘The department offers advice to the assessment manager about the development application as set out
in Attachment 3.

‘A copy of this response has been sent to the applicant for their information

For further information please contact Jamaica Hewston, Principal Planning Officer, on (07) 5352 9718 or
Via email [email protected] who wil be pleased to assist.

Yours sincerely

 

‘Manager (Planning)
c= SE Keating and STJE Marsh Cl Project Urban, [email protected] au
lene Attachment Conditions tobe imposed

‘Astachmant 2—-Rascons for decision to impose conditions

‘Astachmant 2 Advies tothe applicant
‘Approved plan

Deparment of State Development Manufacturing, nfastucture and Planing Page zt


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Attachment 1—Conaitions to be imposed

1206-5752 SRA

 

 

Conditions of Development Approval

Condition Timing

 

 

Development Permit - Material Change of Use — Visitor Accommodati

jon — Type 3 Rural

 

‘Act 201

adminis

‘Slate controled road Wigger number 10.94.2.4.1—The chet excoutve administenng the Planning
16 nominates the Director-General ofthe Department of Transport and Main Roads (TMR) to be
the enforcement authority forthe development to which this development approval relates for the
istration and enforcement of any matter relating tothe folowing conditions:

 

Road access onto the state-controlled road

 

 

(a) The road access location, isto be located generally in
‘accordance with Site Plan, prepared by Jim Moehead
Building Design and Drafting, dated 01.05.18, reference
1180404 — At, revision A.

(®) Road access works comprising a rural driveway (at the
road access location) must be provided at the road
‘access location

(€) The road access works must be designed and
constructed in accordance with Insttute of Public Works
Engineering Australia Standard Drawing (IPWEA) RS-
(056 and the Department of Transport and Main Roads’
Road Planning and Design Manual 2 Eaition.

 

(a) Atal times.

(b) and (¢}: Prior to the
‘commencement of use

 

 

 

Deparment of State Development Manufacturing, nfastucture and Planing

Page sof


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1206-5752 SRA

‘Attachment 2—Reasons for decision to impose conditions

 

‘The reasons for this decision are:

+ toensure the road access location to the state-controlled road from the site does not compromise
the safety and efficiency of the state-controlled road.

‘to ensure the design of any road access maintains the safety and efficiency of the state-controlled
road.

Findings on material questions of fact,
‘+ The development application is for a material change of use for visitor accommodation — type 3 rural
+ The site is accessed directly from a state-controlled road.
©The site is located within 25 metres ofa state-controlled road.

+ The site is improved by a dwelling house and associated residential embelishments.

Evidence or other material on which the findings were based

+ submitted development application material

* State Development Assessment Provisions published by the Department of Infrastructure, Local
‘Govemment and Planning, version 2.2

+ Development Assessment Rules published by the Department of Infrastructure, Local Govemment
‘and Planning, version 1.1

Planning Act 2016

* Planning Regulation 2017.

Deparment of State Development Manufacturing, nfastucture and Planing Paget

 


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1206-5752 SRA

Attachment 3 — Advice to applicant

 

‘General Advice

 

‘Road access works onto the state-controlled road

 

1 | Under section 33 of the Transport infrastructure Act 1994, written approval is required from TMR.
to camy out road works that are road access works (including driveways) on a state-controlled
road and road upgrade works (tum treatments). Please contact the TMR via

North Coast [email protected] (or phone 5451 7055), (please quote TMR18-024815) to make
‘an application for road works approval. This approval must be obtained prior to commencing any
‘works on the state-controlled road reserve.

“The approval process may require the approval of engineering designs ofthe proposed works,
certied by a Registered Professional Engineer of Queensland (RPEQ). The road access works
approval process takes time — please contact TMR as soon as possible to ensure that gaining
‘approval does not delay construction.

“The applicant is requested to submit the certification of completion to TMR once works are
complete as evidence of compliance with Condition 1.

 

 

 

 

Deparment of State Development Manufacturing, nfastucture and Planing Page Sof