Decision Notice - Approved by Delegation of Authority MCU21 0090

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU21/0090
Your Reference:	0279
11 February 2022
LA D'Arsie & CR Hamilton-Craig
C/- Pivotal Perspective Pty Ltd
4/59 Mary St
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 10 February 2022, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU21/0090
Street address:	53 Martins Rd Cooroy Qld 4563
Real property description:	Lot 4 RP 852013
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Short-term accommodation (4 cabins)
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.

Plans and Documents
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
WD 3.1a	E	Site Plan (named New Residence), prepared by Sparks Architects	2/12/2021
WD 3.9	A	Studio Cabins Site Plan	2/12/2021
WD 3.10	A	Office Cabin Site Plan	2/12/2021
WD4.5	#	NW Elevation Cabins and Office	2/02/2022
WD4.6	#	NE Elevation Cabins and Office	2/02/2022
WD4.7	#	SW Elevation Cabins and Office	2/02/2022
WD4.8	#	SE Elevation Cabins and Office	2/02/2022
WD 3.2	#	Site Plan (cabin north east corner of property)	15/9/2020
WD 4.1	-	North Elevation (cabin north east corner of property)	-
WD 4.2	-	East Elevation (cabin north east corner of property)	-
WD 4.3	-	South Elevation (cabin north east corner of property)	-
WD 4.4		West Elevation (cabin north east corner of property)	-
Currency Period
This development approval lapses if the use has not happened by 10 February 2028, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 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.
Building Design
The cabins and associated structures must be finished with muted tones that blend with the surrounding natural environment.
Nature and Extent of Approved Use
The total number of cabins on the site that are available for guest accommodation must not exceed 4.
The total number of guests accommodated at any one time must not exceed 8.
The approved use must be used only for short term visitor accommodation only. The site must not be occupied by persons for the purpose of permanent accommodation, excluding those persons in the existing residence for the premises or used for events, functions or the like (e.g. weddings, parties, festivals etc.).
All outdoor areas, including balconies, decks, pool and the like, must not be used after 10pm each night.
Amenity
The operation of the approved use must not detrimentally affect the residential amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding residents or cause a nuisance, including a noise nuisance.
The operation of the approved use must be in accordance with Administration (Amendment) Subordinate Local Law (No.1) 2021. *Refer Advisory Note.
Contact Person
Prior to the commencement of the use written confirmation must be provided to Council confirming:
a.	the name and telephone number of the contact person (which may include the name and contact details of an individual, letting agency, property manager, security firm or the like) for the purposes of the operation of the short stay letting at the premises; and
b.	that the contact person is available 24 hours a day, 7 days a week; and
c.	that the contact person resides within 20 minutes travel time (by vehicle) of the premises; and
d.	that the contact person is to be responsible for the supervision and management of the premises, including addressing complaints about the use of the premises for short stay letting and visitor queries.
A sign must prominently and permanently display in letters and numbers not less than 50mm in height, a current up to date written notice detailing the contact person’s phone number, and a statement that the contact person is responsible for the supervision and maintenance of the premises. The sign must not exceed 0.2m2, be displayed at the front of the premises and be visible to members of the public at all times.
Code of Conduct
A code of conduct must be developed and provided to all users and occupants of the short term accommodation, including any website or social media used to promote the use of the premises for short term accommodation.
The code of conduct must advise all users of the premises:
a.	That the use of the premises must not:
i.	detrimentally affect the residential amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed by residents in the vicinity of the premises; or
ii.	cause a nuisance (including a noise nuisance);
iii.	display unacceptable behavior including:
a.	loud aggressive behaviour;
b.	yelling, screaming, arguing; or
c.	excessively loud cheering, clapping and singing.
iv.	create a level of noise above the acceptable levels described by Queensland Government legislation for environmental protection (noise).
b.	That a user of the premises must not sleep or camp on the premises in a tent, caravan, campervan or similar facility.
c.	That each vehicle used by a user of the premises must:
i.	be stored in a manner that does not cause a nuisance or inconvenience to adjoining premises; and
ii.	be parked within the parking facilities at the premises where provided.
d.	That each user of the premises must store general waste (including the separation of recyclable waste) produced as a result of the ordinary use or occupation of the premises in a waste container.
e.	That each user of the premises must ensure that the premises, including the grounds of the premises, are kept in a safe and tidy condition.
f.	That pets occupying the premises must be managed and not cause a nuisance (including a noise nuisance).
g.	The nature and extent of the approved use as detailed in conditions numbers 5 to 8 of this development approval.
The Code of Conduct must be displayed in a prominent location at the premises so that it can be viewed by guests.
Complaints Management
The contact person must maintain a record of all complaints received, identifying how each complaint has been resolved or addressed within a reasonable time.
The contact person must respond to all complaints within 30 minutes of notification of a complaint.
The contact person, must keep and maintain a register of the use of the premises for short stay letting or home hosted accommodation, and record in the register, each of the following:
a.	on each occasion on which the premises are used, or occupied, for short stay letting or home hosted accommodation on a commercial basis:
i.	the number of adults who are users of the premises; and
ii.	the number of minors, an individual who is under 18, who are users of the premises.
b.	the dates when each person’s use, or occupation, of the premises for short stay letting or home hosted accommodation began and ended.
The contact person, must make available, for inspection by Council, within 5 business days of receipt of a written request given at any time, each of:
the written record of complaints referred to in condition 16; and
the register referred to in condition 18.
Waste Management
Waste storage and disposal facilities must be provided in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Waste containers must:
a.	At all times be regularly cleaned and maintained in a clean, tidy, sanitary and hygienic condition.
b.	Be placed on the kerb side frontage of the premises, for the collection of general waste from the container; and
c.	Not be placed on the kerb side frontage for longer than 24 hours before or after the scheduled collection day for the collection of waste in the container.
Landscaping Works
The development site must be landscaped at prior to the commence of use on site.  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:
Dense vegetated screening as identified within the approved plan WD3.1a Rev E dated 2/12/2021, designed such that 49 Martins Road, Cooroy will be screened from view of Units 2, 3 and 4 at maturity for the life of the development. Vegetation to be planted is to be in accordance with Council’s Planning Scheme Policy PSP2 – Landscaping;
A landscape plan prepared by a qualified person* including the required dense vegetated screening ensuring all levels of lower, mid and upper vegetation stories are included;
(*Refer to Advisory Note)
Control of all weeds species listed in the following standards and legislation:
declared plants under the Land Protection (Biodiversity Act 2014 and sub-ordinate Regulation 2016).
Noosa Local Government Area Pest Management Plan 2015-2019.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Retention of Existing Trees
All existing native vegetation located on the site and in the road reserve must be retained and protected.
The development must maintain a setback to vegetation as identified on the Approved Plans.
Bushfire Management
Access/Egress tracks must be maintained, be safe and available at all times to all of the development for emergency vehicles and personnel.
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.
Environment
No development is permitted in the mapped riparian buffer area (Noosa Plan 2020).
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards
(*Refer to Advisory Notes).
Limit soil exposure on the site to a distance of no more than 2m beyond the extent of earthworks shown on the approved plans except where the exposed soil is effectively stabilised without delay and prior to rainfall occurring.
Effluent Disposal
The development must be provided with an on-site waste water treatment and effluent disposal system having a capacity suitable for and comply with the Acceptable outcomes in the Regional Infrastructure Overlay Code in Noosa Plan.  An example of this would be AES (Advanced Enviro septic).
*(Refer to Advisory Note)
Effluent disposal from all cabins are to be located as per approved Plan WD3.1a Rev E dated 2/12/2021.
Water Catchment
A Water Management Plan (stormwater/waste water) must be provided for the development prior to obtaining a Development Permit for Building Works. The works must be undertaken in accordance with an Operational Works approval and must include in particular how water is generated from the development is collected and contained on site, which may (but not limited to) include the following:
transferred off-site for treatment/disposal to an appropriately licensed facility;
treated to meet the drinking water supply environmental values prior to release; or
captured and reused on-site in a closed-cycle irrigation scheme, washing/cleaning or other purpose.
ENGINEERING
Site Access and Driveways
The site access driveway must be upgraded generally in accordance with the ‘Driveway Details’ plan as prepared by Recor Consulting. Details are to be provided with any Operational Works application.
Prior to the commencement of use, a certificate must be submitted to Council, from a Registered Professional Engineer of Queensland (RPEQ) that certifies that the driveway has been constructed in accordance with the ‘Driveway Details’ plan as prepared by Recor Consulting.
Car Parking
A minimum of 1 car parking space must be provided for each cabin as shown on the approved plans and made available and accessible at all times while the use is in operation.  The works must be undertaken in accordance with an Operational Works approval and must include crossfalls and gradients in accordance with Australian Standard AS2890.1:2004.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Stormwater Drainage
All stormwater generated from the proposed dwellings must be disposed of onsite without causing scour or damage to the subject site/s or any adjoining property and must be in accordance with any geotechnical/slope stability recommendations.
Geotechnical Stability
The proposed dwellings on the property must be constructed in accordance with the recommendations of the ‘Soil Investigation Summaries’ as prepared by Geotechnical Soils.
Prior to the commencement of use, a certificate must be submitted to Council, from a Registered Professional Engineer of Queensland (RPEQ) that certifies the geotechnical stability of all the constructed cabins.
Earthworks and Retaining Walls
All earthworks and any associated structures 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
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:
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Short Stay Letting Local Law
On 21 October 2021, Noosa Council adopted a new local law for short stay letting and home hosted accommodation. The new local law commenced on 1 February 2022. A one-off application will need to be made, under the new local law, for all existing and new properties operating short stay letting or home hosted accommodation, unless identified as exempt.
For more information and application forms please visit the council website below:
https://www.noosa.qld.gov.au/short-stay-letting-home-hosted-accommodation-local-law
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
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.
For the purpose of preparing a Landscape Plan, a qualified person is considered to be a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.

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 relevant State 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
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.
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	Car parking and access, Stormwater, Drainage work, Earthworks, Landscaping
Development Permit for Building Works	All building work
Development Permit for Plumbing Works	Effluent disposal
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,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Infrastructure Charge Notice
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

[word/footer1.xml]
Page 9 of 10

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 10

[Attachment: image3.png (image text)]
ee) NOOSA COUNCIL