APPROVED Decision Notice REC16 0014

Officer:	Lisa Pienaar
Direct Telephone:	53296241
Our Reference:	REC16/0014
Your Reference:	15228

19 January 2018

Elkhorn Investments (QLD) P/L TTE
C/- Project Urban
PO Box 6380
MAROOCHYDORE  QLD  4558

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 18 January 2018, Council decided to issue a Preliminary Approval subject to conditions.
Details of the decision are as follows:
application details
Application No:	REC16/0014
Street Address:	28 Elkhorn Drive Tewantin
Real Property Description:	Lot 70 M 37807
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
The following type of approval has been issued:
Preliminary Approval to Reconfigure of a Lot – (1 lot into 10 residential lots and 1 drainage reserve)
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
The applicant is required to submit a further code assessable application for a Development Permit for Reconfiguring a Lot complying with the conditions of this Preliminary Approval.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plan no. 15228.1 (Rev. C), prepared by Project Urban dated 31/10/16. The approved plan must be amended to:
Include the area of proposed Lot 11 as “Drainage Reserve” generally in accordance with the submitted “Proposed Stormwater Layout V2”,
Incorporate the indented area in the front of Lots 1 & 2 within these lots;
Include dedication of Covenant areas A & B and land behind the existing dwelling (from the fence line) to the eastern boundary on proposed Lot 9 as conservation park;
Include a road reserve width to provide for a cul-de-sac with a circular turning area of sufficient size (9m minimum radius) to accommodate the single forward motion turn of a Waste Collection Vehicle (WCV) together with minimum 3.5m wide verge from the new kerb line to the property boundary adjacent to the cul-de-sac;
Where the development is to be staged, a cul-de-sac must be included at the relevant stage;
Maintain the road reserve width of 15m minimum to the common boundary with Lot 6 on RP149498;
Include a footpath in the road reserve on the western side of the new road.
New Road
The new road (extension of Elkhorn Drive to the adjoining property to the west (No 20 Eagle Drive – Lot 6 RP149498) shown on the Approved Plans must be constructed in accordance with the conditions of this Decision Notice and dedicated as road reserve at no cost to Council.
The road reserve for the new road through to the adjoining property to the west must be dedicated with the first stage of the development.
The works must be undertaken in accordance with an Operational Works approval and must include in particular:
an “access” road in accordance with Council’s Planning Scheme Policy 5 – Engineer Design Standards – Roads, Drainage and Earthworks (reserve width of 15 metres minimum and a carriageway width of 6 metres kerb to kerb)
sealing, drainage, kerbing and channelling
construction of pedestrian footpaths as shown on the approved plans
installation of street lighting
The new road must terminate in a cul-de-sac with a circular turning area of sufficient size to accommodate the single forward motion turn of a Waste Collection Vehicle (WCV) clear of private driveways on-street parking and speed control devices or if the adjoining property to the west (No 20 Eagle Drive - Lot 6 RP149498) has been developed or the connecting road dedicated. The “access” road formation must extend to and match smoothly with the existing formation within Lot 6 RP149498, whichever is applicable at the time of construction.
Stormwater Quality
Prior to Council accepting water quality treatment device assets “Off Maintenance”, the applicant must provide Council with a Schedule of Maintenance Costs for all activities undertaken to maintain the bio retention basins in accordance with the most current version of Healthy Waterways Bio-retention Basin Maintaining Vegetated Stormwater Assets Guidelines. The schedule shall include records of actual costs of maintenance work undertaken.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval.
The development must be designed such that space is allocated for dedicated whole-of-development stormwater quality/quantity treatment infrastructure and that major and minor flows from the development are drained to and treated by this infrastructure. The design of such infrastructure should be in accordance with current best practices, guidelines and the Noosa Plan, including:
State Planning Policy Part E State interest policies and assessment benchmarks (Water Quality) and Appendix 2 – Stormwater Management Design Objectives;
Noosa Plan Planning Scheme Policy 5— Engineering Design Standards – Roads, Drainage and Earthworks);
Australian Rainfall and Runoff Guidelines;
Queensland Urban Drainage Manual (including Ch 4 Catchment hydrology, Ch 5 Detention/retention systems and Ch 13 Safety aspects);
MUSIC Modelling Guidelines; and
Water Sensitive Urban Design Technical Design Guidelines for South East Queensland, including current versions of updated guidelines such as Bioretention Technical Design Guidelines
If stormwater is to be discharged through an adjacent property, written consent must be gained from the relevant property owners prior to lodgement of an application for Operational Works.
Vegetation
Existing native trees on the site and in the road verge must be retained in accordance with an Arborist Report for the development and referenced in a Development Permit for Operational Works. The existing native trees to be retained must be located clear of proposed services and generally suitable for the proposed location.
Vegetation must only be removed or disturbed in accordance with a Fauna Management Plan (or part thereof) and endorsed through an Operational Works approval.
Dedication of Land as Reserve
The land area described as Covenant A and Covenant B, including the area beyond the existing fence line to the eastern boundary in Lot 9 must be dedicated to Council as freehold land as park with the first stage of the development. The land to be dedicated is “non-trunk infrastructure” for the purposes of the Sustainable Planning Act 2009.
A 4.5 metre wide easement for access purposes must be registered against the title of the property in favour of Council over the land area identified as Lot 9 on the subject site to provide access to the dedicated park areas.
The land area to be dedicated must by unencumbered by services such as pump stations, services easements or similar operational uses.
Works within Protected Land
The following works must be undertaken in the land required to be transferred to Council:
Timber Post and rail fencing to any newly created residential lots
Removal of any fencing between the park areas required to be dedicated and the esplanade
Ecological restoration of the park areas required to be dedicated
Removal of any structures or foreign debris within the park areas required to be dedicated
Arborist assessment of the trees contained within the park areas required to be dedicated
The works must be undertaken in accordance with an Operational Works approval.
Landscaping Works
The development site must be landscaped. The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
Provision of 1 native street tree within the road reserve for every 8 metres of new road.
100mm deep mulching and landscaping to any batter within road reserves that exceed 1 in 4 slope (25%).
Turf and garden beds to road reserve, including retained trees.
Retaining walls within the bio-basin must be constructed or permanently faced with materials which provide for a natural appearance such as sandstone, bluestone, granite or the like.
Removal of all weeds species listed in the following standards and legislation.
declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003.
The Noosa Local Government Area Pest Management Plan 2015-2019
All landscape works must be established and maintained in accordance with horticultural best practice with construction techniques that allow for healthy, sustained and vigorous plant growth. All plant material must be allowed to grow to full form.
All entry statements, fences, batters, retaining walls and buffer/screen plantings must be located entirely within private land and not within the public road reserve.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Estate Entrance Feature
Any proposed estate entrance feature must:
reflect a subdued local character, rather than an overbearing or contrived statement
comprise feature vegetation (either existing or planted) in preference to built forms
integrate with the landscape design of the balance of the estate
be constructed of durable and low maintenance materials
be treated with a graffiti resistant coating
not restrict pedestrian access
Any estate entrance works must be undertaken in accordance with an Operational Works approval.
Property Access and Driveways
A residential driveway must be constructed to each lot. The works must be undertaken in accordance with an Operational Works approval.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include a 2 metre wide footpath within the road verge for the entire length of the new extended Elkhorn Drive.
Electricity and Telecommunication Services
Underground reticulated electricity and telecommunication services must be provided to each lot in accordance with an approval for Operational Works and 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 which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
A private easement for inter-lot drainage purposes must be registered over the stormwater drainage system (both below ground and overland flows) that conveys stormwater from an upstream property. The easement must benefit all upstream properties and place the maintenance responsibilities on the burdened lot. The easements must be a minimum 1.5 metre wide or of sufficient width to wholly encompass the drainage structures and the associated overland flowpaths.
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 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.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks
All fill and associated batters must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
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
Not Applicable
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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.
Reciprocal Access Easements
In accordance with the Planning Act 2016, any proposed registration of reciprocal access easements (as an alternative to land amalgamation) will first require a Development Permit for Reconfiguring a Lot be obtained from Council.
Infrastructure Charges
3.	Development charges associated with future applications for Development Permits arising from this Preliminary Approval must be paid in accordance with the relevant instrument applicable at the time of subsequent approval/s and indexed until the time payment.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit to Reconfigure a Lot (1 lot into 10 residential lots and 1 drainage reserve)
Development Permit for Operational Works (All works including Civil Works, Stormwater, Earthworks and Landscaping)
self assessable codes
Not Applicable
submissions
Not Applicable
reasons/grounds for approval
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 Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully

Kerri Coyle
Manager, Development Assessment

cc	Unitywater

Enc:	Approved Plans
Appeal Rights

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017
	

Chapter 6 Dispute resolution
Part 1 Appeal rights
228 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.
(Refer to Schedule 1 of the Planning Act 2016)
(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.
229 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.
230 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.
231 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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REC16/0014

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ee) NOOSA COUNCIL