Decision Notice - Council Meeting Decision MCU21 0083

Officer: 	Patrick Murphy
Direct Telephone: 	07 5329 6436
Our Reference:	MCU21/0083
Your Reference:	P20.52-001
22 July 2022
Riverport Properties Pty Ltd
C/- Concept Planning and Development Consultants
26 Seafarer Drive
RIVER HEADS  QLD  4655
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 21 July 2022, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU21/0083
Street address:	25 & 27 Toolar Street Tewantin Qld 4565
Real property description:	Lot 1 RP 73072 and Lot 2 RP 73072
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises (Multiple Dwelling – 10 dwelling units)
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.

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. In this regard, the Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Operational Works

Plan No.	Rev.	Plan/Document Name	Date
TP-0001-M	H	Site Plan and Site Cover, prepared by Robin Spencer Architecture	07.06.2022
TP-0002-B	B	Site Vehicular Manouvring, prepared by Robin Spencer Architecture	07.06.2022
TP-0003-D		Site Landscaping Calculation Plan, prepared by Robin Spencer Architecture	07.06.2022
TP-2010-L	J	Proposed Townhouses Ground Floor Plan, prepared by Robin Spencer Architecture	07.06.2022
TP-2011-K	I	Proposed Townhouses First Floor Plan, prepared by Robin Spencer Architecture	07.06.2022
TP-2012-H	E	Proposed Townhouses Typical Unit Plans, prepared by Robin Spencer Architecture	07.06.2022
TP-7010-I	G	External Elevations All Elevations, prepared by Robin Spencer Architecture	07.06.2022
TP-7020-C	B	General Sections, prepared by Robin Spencer Architecture	07.06.2022
Page 2 of 6	4	Landscape and surface treatments plan, prepared by inSite EMLA	10.06.2022
Page 3 of 6	4	Landscape planting plan 1 of 3, prepared by inSite EMLA	10.06.2022
Page 4 of 6	4	Landscape planting plan 2 of 3, prepared by inSite EMLA	10.06.2022
Page 5 of 6	4	Landscape planting plan 3 of 3, prepared by inSite EMLA	10.06.2022
Page 6 of 6	4	Plant palette, prepared by inSite EMLA	10.06.2022
000-F	F	Cover Sheet, (specifically colours and materials) prepared by Robin Spencer Architecture	01.10.2021
Nature and Extent of
The use must include a minimum of 8 small dwelling units as defined by the Noosa Plan 2020.
Currency Period
This development approval lapses if the use has not happened by 21 July 2027, unless an application to extend the currency period is approved by Council.
Built Form and Development Appearance
The maximum height of the development must not exceed 8 metres above the natural ground and finished levels.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
The development must incorporate the colour scheme and mix of materials as outlined in the approved colour palette and approved plans.
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 pre-start meeting. 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.
Protection of Privacy
Where windows, balconies, terraces, verandahs or decks overlook or have the potential to overlook the private open space of nearby properties or view into habitable room windows within 10 metres:
windows have a sill height of not less than 1.7 metres above finished floor level;
windows and other openings are permanently screened to a minimum height of
1.7 metres to avoid overlooking;
windows and doors use translucent glazing to obscure views; or
windows or balconies are offset by 45 degrees or more.
To ensure the privacy of the adjoining properties to the north is protected, the northern elevation of the upper-level decks to Units 9 and 10 must be screened to a height of
1.7 metres or treated in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Fencing and Walls
Fencing to adjoining residential uses must be provided in accordance with the approved plans.
Street fencing must be provided generally as shown on the approved plans.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street. A mix of understorey and taller species must be included.

Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice and, in particular, must include the following additional clauses:
The site includes a stormwater management and water quality treatment system.
The stormwater management and water quality treatment system must be maintained in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1).
The full cost of maintaining the system in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) must be included in the proposed levies for each dwelling owner/body corporate.
Land Amalgamation
All properties that are subject to the development must be amalgamated into a single lot prior to endorsement of the first survey plan (plan seal) for the development and evidence of such amalgamation must be submitted to Council.
External Works
Toolar Street must be upgraded for the length of its frontage to the subject site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
construction of a pedestrian footpath in accordance with the conditions of this Decision Notice;
removal of the existing property accesses and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed.
Condition 23 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Site Access and Driveways
A sealed access driveway must be provided from Toolar Street to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover generally in accordance with Council’s Standard drawing RS-051 and any associated addendum.
a driveway generally in accordance with the approved plans.
suitable safety measures, including warning signage, to improve driver awareness of pedestrians and enhance pedestrian safety.

Car Parking
A minimum of 15 car parking spaces must be provided and marked on the site and made available and accessible at all times. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
3 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use;
dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004 - Parking Facilities;
The additional visitor car space must be provided adjacent to one of the proposed visitor spaces.
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 to the car parking spaces provided on site.
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 in particular:
a 2.0 metre wide footpath within the road verge for the entire length of the site’s frontage to Toolar Street together with transitions to the existing pathway on either side of the site
Condition 28 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
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 and the Queensland Urban Drainage Manual, and must include in particular:
7kL of storage for roofwater capture and reuse. The storage tank is to receive only roofwater runoff and is to be provided with a solid lid to prevent the inflow of surface runoff. A backflow prevention device is to be fitted to restrict the backflow of water in the detention tank into the roofwater storage;
Captured roofwater is to be plumbed to communal non-potable fixtures, including bin washdown and landscape irrigation;
Stormwater pits receiving surface runoff are to be provided with litter-baskets; and
An underground detention tank is to be provided within the site to ensure site discharges achieve non-worsening for the range of durations relevant to the downstream drainage network.
In conjunction with the development application for Operational Works, revised detention tank design calculations and documentation is to be provided which identifies all assumptions and the methodology applied in deriving the tank design, and which is based on the recommendations of Australian Rainfall and Runoff 2019 and QUDM 2017. Ensemble temporal patterns are to be utilised for the analysis as well as the current rainfall intensities recommended by Bureau of Meteorology. The detention tank is to achieve non-worsening for the range of durations and recurrence intervals relevant to the downstream drainage network.
Condition 30 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Services
Reticulated electricity and telecommunication services must be provided to the development 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 (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
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 and Retaining Walls
All earthworks and associated retaining structures/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.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
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.
Landscaping
The site must be landscape in accordance with Planning Scheme Policy PSP2 – Landscaping and generally in accordance with the approved landscape plans prepared by inSite EMLA dated 10 June 2022. The works must be undertaken in accordance with an operational works approval.
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.
Waste Disposal
Prior to the issue of any Operational Works approvals the Operational Waste Management Plan must be amended to reflect that all waste collection will be undertaken by Council’s contractor via rear lift trucks with the trucks collecting 1100 litre bins.
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9 - Waste Management. The facilities must include an impervious area, within the site, correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
Storage, disposal and management of solid, liquid and vegetative waste is conducted in a safe and ecologically sustainable manner without environmental nuisance. In this regard, vegetated waste must be disposed of via a green waste bin or at a local transfer station.
referral agencies
Not Applicable
advisory notes
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
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
Balance Lot for Staged Building Format Plans
In accordance with the Planning Act 2016, any proposal to stage the titling arrangements of the development such that a Building Format Plan is registered with a balance lot for future development will first require a Development Permit for Reconfiguring a Lot be obtained from Council.

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
Fires in Urban Areas
Please note that in urban areas of the Noosa Shire Council area, fires are prohibited except where in an appliance used for domestic heating or cooking purposes, which must comply with particular Standards. Any area identified as a fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local Law No. 3, Schedule 3.  Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
ENVIRONMENTAL HEALTH ADVICE
Building Works
Noise from residential building works shall comply with the following:
Limited to between 6:30am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions
Not permitted on Sunday or public holidays.
Measurement of Noise
Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with either:
Australian Standard AS1055.1 “Acoustics–Description and measurement of environmental noise – General procedures”, or
The relevant “Noise Measurement Manual” as provided by the Department of Environment and Heritage Protection.
A qualified person is considered to be either:
a Registered Professional Engineer of Queensland, or;
an environmental consultant with a minimum of 3 years current experience in the field of acoustics.
Environmental Protection
The development should be undertaken in a manner that causes no unlawful environmental nuisance under the Environmental Protection Act 1994 by the creation of excessive noise, lighting, waste, atmospheric pollutants (including dust or odours) or other releases to the environment.
In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint, cement, concrete, builder’s waste or other prescribed contaminants should not to be released to or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.
ENGINEERING ADVICE
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.
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	Earthworks, Access, Carparking, Stormwater Drainage, External Works and Landscaping
Development Permit for Building Works	All Building Works
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,
Kerri Coyle
Manager Development Assessment

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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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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