SUPERSEDED Decision Notice - Approved by Delegation of Authority RAL22 0006 · RAL22/0006

Officer: 	Patrick Murphy
Direct Telephone: 	5329 6436
Our Reference:	RAL22/0006
Your Reference:	100418
13 October 2022
Mr RL Clem
C/- Murray & Associates (Qld) Pty Ltd
PO Box 246
NAMBOUR  QLD  4560
[email protected]
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 11 October 2022, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	RAL22/0006
Street address:	74 Pender Creek Rd Kin Kin Qld 4571
Real property description:	Lot 134 MCH 181
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot – (1 Lot into 2 Lots)
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 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 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
-	B	Proposed Subdivision of Lot 134 on MCH181 Prepared by Murray & Associates	29/08/22
Plan Amendments
The below Plan of Development is required to be amended and resubmitted to Council for endorsement.
Plan No.	Rev.	Plan/Document Name	Date	Amendments
-	B	Proposed Subdivision of Lot 134 on MCH181 Prepared by Murray & Associates	29/08/22	Amend Plan such that Lot 1 building envelope: 1. Complies with the    setback requirements within the Noosa Plan 2020; and 2.    Is located wholly outside all area located within Biodiversity and Landslide Hazard Overlay.
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
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.
Plan of Development
All future dwellings on Lot 1 must be sited and constructed in accordance with the approved building envelope shown on the Approved Plans. A copy of the approved Plan of Development must be included in the contract of sale for Lot 1, together with a clause which requires future dwellings to be constructed in accordance with it.
The applicant must prepare a metes and bounds building envelopes plan indicating House site areas and effluent disposal areas for proposed lot 1. The plans must be submitted in both hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates. The applicant must submit the plans to Council for approval prior to the endorsement of the Plan of Survey.
Currency Period
This development approval lapses if the requirements of the conditions have not been completed and an application for plan seal is not lodged with Council by 11 October 2026, unless an application to extend the currency period is approved by Council.

ENGINEERING
Property Access and Driveways
A residential driveway must be constructed to Lot 1. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a sealed driveway crossover generally in accordance with Noosa Council’s Standard Drawing RS-056 and any associated addendum; and
certification by suitably qualified person (RPEQ – Registered Professional Engineer of Queensland)
The residential driveway to Lot 1 must be constructed to ensure that maximum sight distances can be achieved. The works must be undertaken in accordance with an Operational Works approval and generally in accordance with Noosa Council’s Standard Drawing RS-056. The location of the driveway must be as shown on the Approved Plans.
Vehicle access to Lots 1 & 2 is limited to the constructed driveway only.  A clause must be included in the contract of sale for Lots 1 & 2 which requires vehicle access to be from the constructed driveway only, and which prohibits the driveway from being relocated without Council agreement.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Services
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 (Energex and NBN) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
ENVIRONMENT
Land Rehabilitation
A vegetation protection covenant must be registered against the titles of both properties over the proposed covenant area identified on the approved plans of development pursuant to Section 97A of the Land Title Act 1994. The covenant document and a survey plan must be submitted to Council for endorsement prior to lodgement with the relevant titles authority for registration of title. The covenant document must:
Incorporate the requirements of this Decision Notice;
Include Noosa Shire Council as Covenantee; and
Reference Queensland Land Title Registry Standard Terms Document No. 715597513.
Works within Protected Land
The following works must be undertaken within the covenant area in accordance with the Revegetation Concept Plan, prepared by 28 South Environment and dated 2 November 2021 prior to the submission of the sealing of the survey plan:
a.	Control of pest plants as listed in Planning Scheme Policy 2 Landscaping
and Council's Biosecurity Plan 2020 pest plants listed in Schedule 1 part 3,
Schedule 2 and Non-scheduled invasive species; and
Removal of any structures, debris or materials foreign to a natural environment.
Rehabilitation and restoration, to achieve the equivalent floristic composition of a similar undisturbed regional ecosystem.
The planting of canopy species with local provenance in Regional Ecosystem 12.3.14a, including threatened Eucalyptus conglomerate. The trees must be planted at a ratio of 1 tree per every 10m2.
Fencing to Protected Land
A permanent fence must be constructed along the entire length of the eastern alignment of the covenant area to restrict access by stock in to the covenant area.
The fence must include AS sized signage with the wording "Vegetation Protection Area - No domestic animals" every 15m, durable, weather resistant and be visually complementary to the natural environment.
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:
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 to discuss any obligations under the ACH Act.
Resubmission of Amended Plans Required
The conditions of this Decision Notice require resubmission of plan to Council with amendments. Please address the amended plan/s to Council’s Development Assessment Branch with the Reference No. RAL22/0006, separate to any Operational Works application. To avoid delays and assessment issues with the Operational Works application, it is recommended the plan/s be resubmitted prior to lodgement of any Operational Works application. However, should the plan not be submitted, the applicant is advised that a Preliminary Approval may be issued in lieu of a Development Permit.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
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.
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
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	Access & Driveways
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,

Patrick Murphy
Coordinator Planning

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

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