SUPERSEDED Changed Approval REC12/0014.02

Officer:	Mark Lewis
Direct Telephone:	07 53296290
Our Reference:	REC12/0014.02:
Your Reference:	N/A
11 March 2016

Bunnings Properties Pty Ltd
C/- RPS Australia East Pty Ltd
PO Box 1559
FORTITUDE VALLEY  QLD  4006

Dear Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval. On 10 March 2016, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	REC12/0014.02
Street Address:	178 Eumundi Noosa Road, Noosaville Qld  4566
Real Property Description:	Lot 80 SP 211687
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
Council on 15 March 2012 decided to issue the following type of approval:
Development Permit to Reconfigure a Lot (1 lot into 2 lots & Park)
In relation to the request to make a change to the existing approval, Council on 17 March 2014 decided to:
Approve a change to Item 3 extending the relevant period for 2 years to 15 March 2016.
Amend Advisory Note 4
In relation to the request to make a change to the existing approval, Council on 10 March 2016 decided to:
A.	Approve a change to the development approval.
B.	Approve a change to Condition 9.
relevant period of approval
The relevant period for this development approval is in accordance with that stated in the Decision Notice, unless an application to extend the period is approved by Council under s 383 of the Sustainable Planning Act 2009.

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
When Conditions must be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
Approved Plans
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans and may amended by the conditions within this decision notice.
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
ENGINEERING
Access
Access to Lot 102 must be undertaken in accordance with the conditions and plans attached to the mediation agreement between Bunnings Properties Pty Ltd and Sunshine Coast Regional Council dated 12 October 2010.
New Boundaries
The new boundaries for Lots 101, 102 and 300 must be generally in accordance with the approved plan and
Offset from the new kerb and channel by the distances indicated on the plans attached to the mediation agreement between Bunnings Properties Pty Ltd and Sunshine Coast Regional Council dated 12 October 2010,
Include a truncation (6m x 6m three chord) at the intersection at the northern corner of Lot 102,
Be located such that all retaining walls, safety rails and fencing are located wholly within the lots.
Electricity and Telecommunication Services
A connection to reticulated electricity and telecommunication services must be provided to lots 101 and 102 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 which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Earthworks
Certification of the earthworks undertaken on the lots provided by a RPEQ must be submitted to Council prior to the sealing of the survey plan. The certification must include:
Certification that the works have been undertaken in accordance with the provisions of AS 3798 ‘Guidelines on Earthworks for Commercial and Residential Development’
Test results as required by AS 3798,
Certification of the quality and uniformity of the materials.
This certification must be lodged with any Development Permit for Building works to the Building Certifier.
OR
The owner of the subject land will enter into a covenant with the Council pursuant to Section 97A of the Land Title Act 1994.
The purpose of the covenant is to stipulate that any development of proposed Lot 102 is to be carried out in accordance with the specifications and recommendations of the attached report by Douglas Partners dated 7 September 2015 reference “Report on Geotechnical Investigation 178 Eumundi-Noosa Road, Noosaville”.
At the time of application for building works and/or associated earthworks, the applicant must provide certification from a suitably qualified geotechnical engineer stating that the proposed works are in accordance with the Douglas Partners report.
The covenant will be prepared by the applicant and lodged with the Council prior to release of the survey plan for this approval for perusal by the Council’s solicitor at the cost of the applicant.
Damage to Services and Assets
Any damage caused to existing services and assets above or below the ground must be repaired:
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.
LANDSCAPE & ECOLOGY
Drainage
Provide adequate drainage to ensure no ponding of water or excessive overland water flows are directed onto public access pathways.
Landscaping
All entry statements and landscaping batters must be located entirely within private land and not within the public road reserve.
Vegetation
The northern portion of proposed lot 101 (approximately 400m2) must be rehabilitated in accordance with the following requirements. These rehabilitation works must be completed prior to the sealing of the plans:
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
Maroochy Pest Management Plan 2006-2010 pest species of significance in Group 1, Group 2 and Group 6.
Stabilisation of all exposed soils with local native species suitable for the local soil conditions.
Removal of spoil material and other foreign materials.
Certification of weed removal by a suitably qualified person must be provided to Council prior to the sealing of the plan of survey.
UNITYWATER
Reticulated water must be provided to each lot in the development. This must include:
Ensuring that existing internal water pipes are wholly contained within the lot they will serve
An approved water meter for Lot 102 in accordance with Unitywater Standard Drawings SCW 350,355 and 360.
An approved 150mm diameter water service connection to Lot 102 in accordance with Unitywater requirements.
Water meters located on alternative boundaries to electrical pillars.
Reticulated sewerage must be provided to each lot in the development. This must include:
Ensuring existing sewer house drains are wholly contained within the Lot they will serve.
Extension of the existing sewer in Gateway Drive to the property boundary of Lot 102, and provision of a sewer connection within Lot 102.
A 3.0 metre wide easement must be provided over all Unitywater sewers located in private property. A 4.0 metre wide easement must be provided over Unitywater sewers greater than 3.0 metres deep. Easements must be located centrally over the main.
Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature and suitable Unitywater approved varieties.
Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.
referral agency conditions
Not Applicable
approved plans
The following plans are Approved Plans for the development:
Approved Plans
Plan No.	Rev.	Plan Name	Date
102995-22	B	Proposed Subdivision over Lot 80 on SP211687, prepared by RPS Group	24 January 2012
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Nature and Extent of Approved Development
The applicant is advised that this development approval comprises Reconfiguring a Lot for 1 Lot into 2 Lots and Lot 300 as a Park Lot.
Unitywater
Connection to the Unitywater live water supply and live sewerage system must be undertaken by Unitywater at the applicants cost.
Should the applicant undertake the sewerage works, an Operational Works application is required to be submitted to Council, or alternatively, Unitywater can undertake the works at the applicant’s cost without the requirement for an Operational Works application to Council.
Infrastructure Charges
The “Adopted Infrastructure Charge Notice” triggered by the original Development Permit and issued in accordance with Council’s “Adopted Infrastructure Charges Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the Sustainable Planning Act 2009, remains applicable to this development.
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.
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 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 Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.
property notes

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
further development permits required
Development Permit for Operational Work (Sewerage Works)
self assessable codes
Not Applicable
submissions
Not Applicable
reasons / grounds for appoval
Not Applicable
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 of which are available on line at www.noosa.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY Original Decision Notice – 15 March 2012 Changes to an Existing Approval – 17 March 2014, extending the Relevant Period until 15/3/2016 & amend Advisory Note 4 Changes to an Existing Approval – 10 March 2016, with an amendment to Condition 9.

Yours faithfully

Kerri Coyle
Manager Planning & Environment

Encl. 	Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

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.

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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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