APPROVED Decision Notice MCU16/0099 & OPW16/0218

Officer:	Wilhelm Koschade
Direct Telephone:	07 53296215
Our Reference:	MCU16/0099 & OPW16/0218
Your Reference:	4BBZ-4GYM-5136-Cooroibah

24 April 2017

NBN Co
C/- Aurecon Australia
Locked Bag 331
BRISBANE  QLD  4001

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 20 April 2017, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU16/0099 & OPW16/0218
Street Address:	23 Jirrima Crescent, Cooroibah
Real Property Description:	Lot 47 RP 136461
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 - Infrastructure Uses - Service & Utility Type 3 – Tower
Development Permit for Operational Works - Access
Relevant period of approval
The relevant period for the Material Change of Use approval is 4 years starting the day that this development approval takes effect.
The relevant period for the Operational Works approval is 2 years starting the day that this development approval takes effect.
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.
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
4GYM-51-36-C000-C2	03	Overall Site Plan drawn by Aurecon	14/12/2016
4GYM-51-36-C000-C3	02	Site Setout Plan drawn by Aurecon	14/12/2016
4GYM-51-36-C000-C4	02	Site Elevation and Details drawn by Aurecon	14/12/2016
4GYM-51-36-C000-A1	02	Antenna Setout Plan drawn by Aurecon	14/12/2016
Approved Plans
Building Height
The maximum height of the structure must not exceed 46 metres above the finished ground level and the natural ground surface.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the monopole structure does not exceed the maximum height requirement of this Decision Notice.
No lights are permitted to be attached to the telecommunications facility, except where required for aircraft hazard lighting purposes or similar.
Noise
Equipment, motors, electrical generators, compressors, etc must be suitably provided with noise reduction measures and located so as to prevent a noise nuisance beyond the boundary of the site and not exceed the levels specified in Table 1.
TABLE 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
PERIOD	Noise level at noise sensitive place measured as the adjusted maximum sound pressure level (LAmax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 5 dB(A)
6pm – 10pm	Background noise level plus 5 dB(A)
10pm – 7am	Inaudible
NOISE LIMITS AT A COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 10 dB(A)
6pm – 10pm	Background noise level plus10 dB(A)
10pm – 7am	Background noise level plus 8 dB(A)
When requested by Noosa Council, a Noise Impact Assessment Report (NIAR) showing monitoring and recording of noise levels must be undertaken to investigate any non-vexatious complaint caused by noise emissions from operations of the facility. Such monitoring must be undertaken and completed within a reasonable and practicable timeframe as nominated by Council and be performed by a suitably qualified and experienced person.
The NIAR is to be submitted to Council detailing the results of such monitoring and recommendations for any measures to achieve compliance with limits outlined in Table 1 of this Decision Notice.
Rectification works will be required within a reasonable timeframe as set by Council where equipment, air conditioning units, motors, electrical generators, compressors, etc exceed the Noise Limits of Table 1.
Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with Australian Standard AS1055.1 “Acoustics – Description and measurement of environmental noise – General procedures”.
For the purpose of measuring and certifying relevant noise conditions and reporting (eg. equipment, air conditioning units, motors, electrical generators, compressors, etc), a suitably qualified person is either:
a Registered Professional Engineer of Queensland, or
an environmental consultant with a minimum of 3 years current experience in the field of acoustics.
Health and Safety
The development must not, at any time during the life of the development, result in human exposure to environmental electromagnetic emissions exceeding the current regulations, standards and/or recommendations of the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA). The carrier of the infrastructure must provide, at any time upon request by Council, written certification to demonstrate compliance with this condition.  The written certification must assume:
12.1	a maximum number of users over the lifetime of any pole or other supporting structure
12.2	full power usage
12.3	a maximum down tilt of antennae
Warning information signs and security fencing must be provided on the site to prevent unauthorised entry.  Fencing must be camouflaged through the use of colours, materials and screening vegetation to blend the fence into the visual landscape.
Colours and Finishes
The monopole and associated panels must be finished in colours that blend in visually into the landscape.
Cessation of Use
The telecommunications facility must be removed from the site upon cessation of the use.
Landscaping Plan
Dense screening vegetation shall be established around the enclosure in accordance with an Operational Works approval, Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan.  Such landscaping is to be completed prior to the commencement of the use and maintained at all times thereafter. The Landscape Plan shall include at a minimum:
16.1	The identification and retention of the existing trees within a 50m distance around the fenced compound area of the tower.
16.2	Appropriately selected tree species and understorey plantings to achieve dense visual screening of the tower and having regard to the soil conditions. Trees included shall be able to achieve up to 20m in mature height, though inclusion of fast growing species is also desirable to achieve early visual screening.
16.3	The planting areas should maximise the screening opportunities surrounding the tower and include appropriate planting for a distance up to 20m beyond the perimeter of the lease area, whilst maintaining access and electricity supply.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DSDIP Level 3 Mike Ahern Centre 12 First Avenue, Maroochydore  Qld 4558	Waterway Barrier Works (Replacement of culvert over Mapped Water Way: Type 1 – Low Waterway)	The agency provided its response on 9 March 2017. (Reference No. SDA-1116-034770). A copy of the response is attached.

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.
Infrastructure Charges
This Development Permit will not trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges).
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Operational Works (Landscaping)
self assessable codes
Not Applicable
submissions
No properly made submissions about the application were received.
reasons/grounds for approval
The Assessment Manager considers the decision conflicts with the planning scheme and the following are sufficient grounds to justify the decision despite the conflict:
The telecommunications facility will provide coverage for the NBN fixed wireless network, allowing for the delivery of higher speed data to rural residential households in the Cooran area; and
The proposal will not significantly impact on the visual or residential amenity of the locality as appropriate separation distances are retained to existing nearby residents and the tower will be partly screened by existing vegetation.
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

Patrick Murphy
Coordinator - Planning

cc	Unitywater

Level 8
Mike Ahern Centre
12 First Avenue
Maroochydore Qld 4558
Email:[email protected]

Enc:	Referral Agency Response
Approved Plans/Documents
Appeal Rights

	Referral Agency Response SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

	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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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 17

[word/header1.xml]
MCU16/0099

[Attachment: image10.png (image text)]
urreference:  SDA-1116.024770
Yourreference: MCUT8I0009

Attachment 2—Reasons for decision to impose conditions

‘The reasons for this decision are:

‘+ Toensure the development is carried out in the location and to the extent specified on
the approved plans of development.
To facilitate the monitoring of the development works for compliance purposes.
To ensure the disturbance of acid sulfate soil is managed to prevent impacts on
{fisheries resources and fish habitats.

‘+ Toensure the defunct waterway barrier is removed allowing for the reinstatement of
the original fish habitats and fish passage.

‘+ Toensure the fish way remains operational and a feasible and reliable solution
providing adequate fish passage for as long as the waterway barrier isin position.

‘+ Toensure the construction of waterway barrier works does not limit the movement or
‘wellbeing of fish

‘+ Toensure the development does not cause, or minimises direct or indirect
disturbance to the bed and banks adjacent to the approved footprint of works.

Deparment of rfastuchie, Local Goverment and Planing Page


[Attachment: image11.png (image text)]
urreference:  SDA-1116.024770
Yourreference: MCUT8I0009

Attachment 3—Approved plans and specifications

 

Deparment of rfastuchie, Local Goverment and Planing Page


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Queenstand
Government

Department of Infastuctue
Loeal Government and Planning
urreference:  SDA-1116.024770

Yourreference: MCU1810000
9 March 2017]

‘The Chief Executive Officer
Noosa Shire Council

PO Box 141

TEWANTIN QLD 4565,
‘[email protected]

Dear Sir/Madam

‘Concurrence agency response—with conditions
23 Jirrima Crescent, Cooroibah

(Given under section 285 ofthe Suetainable Planning Act 2009)

‘The referral agency material for the development application described below was
received by the Department of Infrastructure, Local Government and Planning under
section 272 of the Sustainable Planning Act 2009 on 8 November 2016.

Applicant details

 

 

Applicant name: nbn
Ch Aurecon Australia
Applicant contact details: Locked Bag 331
BRISBANE QLD 4000
kelly [email protected]
Site details
Street address: 23 Jirrima Crescent, Cooroibah
Lot on plan: Lot 47 on RP136461

Local government area: Noosa Shire Council

Application details

 

Proposed development: Development Permit for a Material Change of Use —
Service Utility Type 3 (Tower); and
Development Permit for Operational Works — Waterway
Barrier Works,

Paget ‘SEQNerh Region
Level 3. Mle Ae Baling
2 Frst vee
FO Bor 1129 Maroochydore QLD 4858


[Attachment: image6.png (image text)]
Aspects of development and type of approval being sought

 

 

 

 

 

 

 

 

 

 

Nature of Approval type Brief description of | Level of
development proposal assessment
Material Change of _ | Development ‘Service Utiity Type 3 | Impact
Use Permit (Tower) assessment
Operational Work | Development Waterway Barrier | Impact

Permit Works assessment
Referral triggers

 

‘The development application was referred to the department under the following
provisions of the Sustainable Planning Regulation 2009:

Referral trigger Schedule 7, Table 2, Item 29 — Constructing or raising
waterway barrier works

Conditions
Under section 287(1)(a) of the Sustainable Planning Act 2009, the conditions set out in
Attachment 1 must be attached to any development approval

Reasons for decision to impose conditions
Under section 289(') of the Sustainable Planning Act 2009, the department must set out
the reasons for the decision to impose conditions. These reasons are set out in Attachment
2

Approved plans and specifications
‘The department requires that the folowing plans and specifications set out below and in
Attachment 3 must be attached to any development approval

 

DrawingiReport | Prepared by Date Reference | Versioniissue
Title

 

‘Aspect of development: Operational Works

 

Culvert Layout Plan] Aurecon Australia [21 ou

 

 

 

 

 

 

 

Pty Ltd December
2016
Calvertelevation | Aurecon Australia | 21 oT
and section Pty Ltd December
2016

 

‘A copy of this response has been sent to the applicant for their information,
For further information, please contact Gabriel Escobar, Planning Officer, SARA SEQ

North on (07) 3432 2408, or email [email protected] gov. au who will be able to
assist.

Deparment of rfastuchie, Local Goverment and Planing Page2

 


[Attachment: image7.png (image text)]
 

lenc: Attachment !—Consitions to be imposed
‘Attachment 2—Raasons for decision to impose conditions:
‘Attachment 3—Approved Plans and Specfications

ce: Department of Agriculture, Fisheries and Forestry, planningassessment@daf ald. gov. au
‘nbn Cl- Aurecon Australia, kelly [email protected]

Deparment of rfastuchie, Local Goverment and Planing aged

 


[Attachment: image8.png (image text)]
No.

urreference:  SDA-1116.024770
Yourreference: MCUT8I0009

Attachment 1—Conditions to be imposed

 

Conditions of Development Approval

Development Permit - Operational Works
‘Schedule 7, Table 3, Table 2, Item 29 Pursuant to section 255D of the Sustainable Planning Act
2009, the chief executive administering the Act nominates the Director-General of the Department of
Agriculture, Fisheries and Forestry to be the assessing authority for the development to which this
development approval relates for the administration and enforcement of any matter relating to the
following condition(s):

1

Development authorised under this approval is limited as follows:

‘The operational works to raise or construct a waterway barrier works
that is a permanent 2 x 1200mm x1200mm RCBC within an unnamed
waterway at 23 Jirima Crescent, Cooroibah and shown in:

- Culvert Layout Plan, Aurecon Australia Pty Ltd, 21.12.16, 4GYM-
51-36-C000-CS, 01.

- Culvert elevation and section, Aurecon Australia Pty Ltd,
21.12.16, 4GYM-51-36-CO00-C6, 01

Provide written notice to notifications@daf qld gov.au, when the
development authorised under this approval has started, and when it
hhas been completed.

‘These notices must state this permit number, the location and the
condition number under which the notice is being given.

‘The notice advising of the completion date must also include a report

documenting the completed development works, including but not

limited to:

‘+ photographs taken before, during and after the development
‘works at specific photo-monitoring sites.

‘Spoil is not disposed of on tidal lands or within waterways and is
‘managed to prevent acid soil development.

Until the works have been completed, permit access to the place
where the works are located by Department of Agriculture, Fisheries
and Forestry officers if requested.

‘The defunct structure, namely the existing culvert crossing at 23,
Jirrima Crescent, Cooroibah, must be completely removed

Deparment of rfastuchie, Local Goverment and Planing

Condition Timing

Atall times.

Atleast five (6)
business days but no
‘greater than twenty (20)
Business days prior to
the commencement of
fisheries development
‘works

‘And then, as to the
Notice advising of the
completion date, within
15 business days of the
completion of the
fisheries development
works

Atall times.

For the duration of the
‘works the subject of this
‘approval

Upon completion of the
‘works the subject of this
‘approval

Page


[Attachment: image9.png (image text)]
No.

Conditions of Development Approval

‘The effective operation of the fish passage aspects of the structure
‘must be maintained for the life of the barrier. This maintenance must
include regular, documented inspections of the structure especially
after flood events, and prompt clearing of debris or rectifying any
other failures, malfunctions, breakdowns or other impediments to fish
‘movement.

In-stream works are to be completed as quickly as possible and are
avoided during times of elevated flows and spawning/migration times
of native fish species reasonably expected to require fish passage at
the location of the development.

‘The construction, or raising, of the waterway barrier is to be
performed in such a manner as to avoid or minimise direct or indirect
disturbance to the bed and banks adjacent to the approved footprint
of the works as shown on Culvert Layout Plan, Aurecon Australia Pty
Ltd, 21.12.16, 4GYM-51-36-C000-C5, 01.

Deparment of rfastuchie, Local Goverment and Planing

 

Condition Timing
Atall times

Atall times.

Atall times.

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