SUPERSEDED Decision Notice - Refer to JUDGEMENT

Officer:	Jack Lewis
Direct Telephone:	07 53296236
Our Reference:	MCU14/0039
Your Reference:	01569

26 November 2015

Como Glasshouse P/L Tte
C/- Martoo Consulting Pty Ltd
C/- Nadine Gorton
PO Box 1684
NOOSA HEADS  QLD  4567

Dear Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 19 November 2015, Council decided to:-
A.	Approve the application in full subject to conditions.
B.	Give notice to the property owner to remove bunds 1 & 2, and reinstate the areas back to its original condition to the reasonable satisfaction of Council within 2 weeks of this decision
Details of the decision are as follows:
application details
Application No:	MCU14/0039 REC15/0012
Street Address:	271 & 305 Lake Macdonald Drive, Lake Macdonald
Real Property Description:	Lots 1 & 2 SP 108094
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Cultivation Type 2 – Intensive
Development Permit for Reconfiguring a Lot (Access Easement)
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
Development Permit for Material Change of Use - Cultivation Type 2 – Intensive (Greenhouse)
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.
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
D-01569-06-B		Site Plan drawn by Martoo Consulting	23/06/2015
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.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational 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.
All grow media, grow bags and plants within the greenhouse shall be raised above the 10% AEP flood level. Any structures supporting the crop (including the building frame) shall be designed to withstand minimum velocities associated with a 1% AEP Flood. Certification confirming the heights and strength of the structures must be submitted to Council from a suitably qualified professional (RPEQ) prior to the issue of an Operational Works approval. The elevated planting system must be installed prior to planting the next crop.
The use must be undertaken in accordance with the Flood Management Plan R01 v02, by Water Technology and dated 31/08/2015, subject to the following amendments;
A nominated flood warden be on site at all times during operation hours of the facility;
A contingency for a flood refuge area must be defined in the strategy in the event that persons become trapped on site. The flood refuge area should be suitable for safe refuge during an extreme flood event.
Flood warnings issued by the Bureau of Meteorology and/or Council must be added as a trigger, in addition to the site's flood gauge.
The amendments must be incorporated into an amended Flood Management Plan which must be submitted to Council prior to the issue of an Operational Works approval.
Waste
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including a waste storage area large enough to accommodate all potential sources of contamination, including hazardous materials, chemicals, used grow media (including plastics) and waste bins located well above the 1% AEP flood level.
ENGINEERING
Site Access and Driveways
Lake Macdonald Drive frontage
An access driveway to service the existing dwelling must be provided extending from the formation of Lake Macdonald Drive to the property boundary. The works must be undertaken in accordance with an Operational Works approval and must include in particular a driveway crossover generally in accordance with IPWEAQ standard drawing 056.
This access driveway is to be used only for the residential use on the site. This access may be used for access for the agricultural use on the site (passenger and heavy vehicles) in an emergency situation when the heavy vehicle access through the property to the south is not accessible. When used during an emergency situation, suitable Traffic Control measures must be employed. The type and extent of Traffic Control measures must be included in the Operational Works application for the construction of the access driveway.
Access driveway through the adjoining property (271 Lake Macdonald Dr/Lot 2 SP108094)
An access driveway to service the agricultural use must be provided extending from the formation of Lake Macdonald Drive to the greenhouse. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
an access and internal driveway generally in accordance with the report prepared by TTM Consulting Pty Ltd dated 2 July 2015 reference 15SCT0024.
a driveway constructed with a suitable “all weather” surface that can cater for the effects of occasional inundation by flood waters.
a driveway that does not create any additional flooding of Lot 2 SP108094 or any adjoining property.
Approval of the driveway design from the owner of Lot 2 SP108094 must be submitted to Council with the Operational Works application.
Car Parking
A minimum of 30 car parking spaces must be provided on the site for the agricultural use. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a carparking area constructed with a suitable “all weather” surface that can cater for the effects of occasional inundation by flood waters.
a carparking area that does not create any additional flooding on any adjoining property.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour, entraining and transporting sediments in the stormwater or damage to the subject site or any adjoining property.
All roof runoff not reused for site operations must be treated within natural stormwater quality treatment strategies prior to release from the site.
The use must be undertaken in accordance with the Stormwater Management Plan Rev a, by O2 Environmental and dated 07/10/2015, subject to the following amendments;
the infiltration basin must be located outside of the Riparian Buffer Area;
The proposed filter media basin must be designed to hold water for no longer than the time period modelled in the MUSIC model Stormwater Management Plan Rev a, by O2 Environmental and dated 07/10/2015. Where groundwater recharge is expected, a Geotechnical Engineer must provide certification to confirm that the permeability of soils underlying the proposed location for the media filtration system exceed the proposed permeability of the filter media treatment system.
Include an Operational Phase Water Quality Monitoring Plan, prepared in accordance with the Environmental Protection (Water) Policy 2009 Monitoring and Sampling Manual. The Operational Phase Water Quality Monitoring Plan must be sufficient to demonstrate that a flood event does not cause the release of fertiliser, prescribed water contaminants, or other nutrient laden waters from the operation of the Greenhouse into surrounding waterways. Monitoring methods must not put any lives at risk during a flood event.
The amendments must be incorporated into an amended Stormwater Management Plan and submitted to Council prior to the issue of an Operational Works approval.
Water quality monitoring results must be analysed by a suitably experienced water quality specialist and identify whether or not nutrient increases within the receiving waterways were associated with the release of nutrients from the Greenhouse during a flood event. The analysis must be provided to Noosa Council officers within 30 business days following inundation of the site Greenhouse with flood waters.
Where the results of the Operational Phase Water Quality Monitoring demonstrates there are nutrient increases associated with the release of nutrients from the use during a flood event, the operator must identify and rectify the cause of the release, and include appropriate mitigation works to prevent future releases in flood events as far as practicable. The operator then must demonstrate to Council that appropriate measures have been incorporated into operations, to prevent a release of nutrients to the receiving waters in future flood events.
Earthworks and Retaining Walls
All earthworks must be undertaken in accordance with an Operational Works approval, and contained entirely within the site, unless written permission from the respective landowner(s) is provided to Council.
Bund 1 & 2 indicated on the Site Layout Plan drawn by Water Technology and dated 01/07/2015 must be removed and the existing levels reinstated within 2 weeks of this approval date.
Bund 3 as indicated on Site Layout Plan drawn by Water Technology and dated 01/07/2015 must be relocated a minimum of 5m away from the root zones of the existing vegetation adjacent the creek. The new bund and area between it and the waterway shall be revegetated with suitable species and densities in accordance with Planning Scheme Policy 3 – Landscaping Plants & Guidelines. The earthworks and landscaping must be undertaken in accordance with an Operational Works approval and be lodged within 1 month of the Material Change of Use approval date.
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.
Development Permit for Reconfiguring a Lot (Access Easement)
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.
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
D-01569-06-B		Site Plan drawn by Martoo Consulting	23/06/2015
Easements
An easement for access purposes must be registered against the title of Lot 2 SP108094 in favour of Lot 1 SP108094. The easement must be a minimum of 10m wide and widened where necessary to wholly include passing bays and any associated banks or batters.
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.
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.
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.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Operational Works.
self assessable codes
The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.

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 Sustainable Planning Act 2009 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. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)

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, Planning & Environment

cc	Unitywater

Enc:	Approved Plans/Documents
Appeal Rights

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 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.

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.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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