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Attachment C- REC14.0005 Negotiated Decision Notice
Officer: Denis Wallace
Direct Telephone: 5329 6239
Fax: 5329 6501
Our Reference: DWALLACE:REC14/0005
Your Reference: PR102995-10
25 September 2014
Bunnings Properties Pty Ltd
C/- RPS
PO Box 1559
FORTITUDE VALLEY QLD 4006
Dear Sir/Madam
Negotiated Decision Notice
Sustainable Planning Act 2009
I refer to your application and the representations you made in respect to the decision notice.
On 24 September 2014 Council decided your representations.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: REC14/0005
Street Address: 178 Eumundi Noosa Rd NOOSAVILLE QLD 4566
Real Property Description: Lot 101 SP 241371
Planning Scheme: The Noosa Plan (16 September 2013)
2 DECISION DETAILS
Council on 4 July 2014 decided to issue the following type of approval:
Development Permit to Reconfigure a Lot (1 Lot into 2 Lots)
In relation to representations, Council on 24 September 2014 decided to:
A. Amend the numbering of the Assessment Manager Conditions listed under Item 4 to run
consecutively.
B. Agree to change Condition 5 (Landscaping) and original Condition 5 (Easements), now
Condition 13.
C. Agree to delete Conditions 4(d) and 4(h).
D. Refuse to change Conditions 7 & 9(b) and original Condition 6(b) now Condition 14(b)
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is 4 years starting the day that this
development approval takes effect.
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REC14/0005
4 ASSESSMENT MANAGER CONDITIONS
PLANNING
When conditions must be Complied With
1. 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
2. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed within this Decision Notice.
3. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
Boundary Encroachments
4. Certification must be submitted to Council from a Licensed Surveyor which certifies that:
(a) the boundary clearances for any existing buildings remaining on the site comply
with the relevant provisions of the planning scheme and the Building Act 1975,
unless varied by this Decision Notice
(b) all constructed access and roadworks (including associated fill batters and
retaining walls) are fully contained within a dedicated reserve or registered
easement
(c) all existing and proposed utility services and connections (eg. electricity,
telecommunications, water, sewerage) are wholly located within the lot they serve,
or alternatively included within an easement where location within the lot is not
possible
(d) deleted
(e) all dams (including ponded water, dam walls and associated spillway structures)
are wholly located within the boundaries of a single lot
(f) all retaining walls and structures are fully contained within the lot they retain
(g) any fill, including fill batters, are wholly contained within the subject site and not on
adjacent properties
(h) deleted.
Landscaping
5. Native street trees shall be established at 10 metre centres within the footpath reserve
along the frontage of Lot 103 and shall have a minimum pot size of 45 litres.
Vegetation Clearing
6. Vegetation clearing is not authorised by this approval and shall only be undertaken in
association with an appropriate development approval.
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REC14/0005
ENGINEERING
External Works
7. Gateway Drive 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 the construction of a pedestrian footpath in accordance with the
conditions of this Decision Notice. This condition is imposed pursuant to s665 of the
Sustainable Planning Act 2009 being non-trunk infrastructure.
Pedestrian and Bicycle Facilities
8. 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 metre wide footpath within the road verge extending from the end of the
existing pathway in Gateway Drive to the northern boundary of proposed Lot 103. This
condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-
trunk infrastructure.
Stormwater Drainage
9. 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 must include in particular:
(a) A connection point for the future development of proposed Lot 103 to the existing
stormwater drainage system
(b) The retention of the existing overland flowpath that conveys stormwater runoff
from the adjoining property (Lot 26 SP151406) through proposed Lot 103. The
flows must be contained and conveyed wholly within a combined drainage solution
consisting of underground drainage, capable of accommodating flows up to a Q10
event, and a landscaped and suitably stabilised (rock lined or other engineered
alternative) open drain. The design of the drain must be sufficient to include all
design storm events up to and including the 1%AEP event of critical duration.
Design calculations (that include at a minimum depth of flow and velocity) and
certification by a suitably qualified RPEQ demonstrating the above must be
submitted as part of the operational works application
(c) Additional elements in the design of the open drain (localised bunding etc) that
allows stormwater flows from the minor storm event to enter the existing piped
system and ensure that velocities (generated in both the major and minor events)
are in accordance with the safety guidelines recommended in QUDM.
Electricity and Telecommunication Services
10. Underground 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.
11. 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.
12. Certification must be submitted to Council from all relevant service providers which
certifies that the development has met the requirements of this Decision Notice and all
applicable legislation at the time of construction.
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REC14/0005
Easements
13. A drainage easement must be created within proposed Lot 103. The easement must be:
(a) Of sufficient width (approximately 4.5m) to encompass all elements of the
combined underground pipe and open drain solution (underground pipe (Q10
flows), batters, bunds, etc. and a 1.5m maintenance track),
(b) In favour of Lot 26 SP151406 to connect to a legal point of discharge as defined in
QUDM.
(c) Alignment of the underground pipe, open drain, and easement is to be determined
through operational works application (as per condition 9(b) above).
14. A drainage easement must be created within proposed Lot 101. The easement must be:
(a) In favour of Lot 26 SP151406 and proposed Lot 103,
(b) Centrally located over the existing piped drainage system connecting proposed Lot
103 and Lot 26 SP151406 to the existing stormwater discharge point in Gateway
Drive.
15. 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.
16. 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.
17. 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
18. All fill and associated 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.
19. 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
20. 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:
(a) where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
(b) 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.
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REC14/0005
UNITYWATER
Important Advisory Note - The following Unitywater conditions are applied in accordance with
the Chapter 4c, part 7 and sections 135 and 140(c) South East Queensland (Distribution and
Retail) Restructuring Act 2009 and Unitywater’s Interim Connections Policy. The conditions
below form part of a water connection aspect which are taken to be a water approval for a
staged connection. You are entitled to appeal against the water connection aspects of this
application in accordance with section 99BRAY and Chapter 4c, part 4, Divisions 1 and 2 of
the South East Queensland (Distribution and Retail) Restructuring Act 2009. Unitywater can
be contacted as follows:
Phone: 1300 0 Unity (1300 086 489)
Email: [email protected]
Web: www.unitywater.com
21. Reticulated water must be provided to each lot in the development. This must include:
(a) Ensuring that existing internal water pipes are wholly contained within the lot they
will serve.
(b) An approved water meter for each lot in accordance with Unitywater and SEQ
Standard Drawings.
(c) Provision of a water service to service proposed all lots in accordance with
Unitywater and SEQ Standard Drawings.
(d) Provision of a pipeline conduit under Gateway Drive in accordance with Unitywater
and SEQ Standard Drawings.
(e) An approved 150mm diameter water service connection to each lot in accordance
with Unitywater requirements.
22. Water meters must be located on alternative boundaries to electrical pillars.
23. Reticulated sewerage must be provided to each lot in the development. This must
include:
(a) Ensuring existing sewer house drains are wholly contained within the Lot they will
serve.
(b) Provision of sewerage infrastructure to the property boundaries of Lot 103.
24. Written approval to enter and construct must be obtained from the owners of properties
through which external sewers will traverse, and be submitted with lodgment of the
associated development application for Operational Works.
25. Easements of between 3 and 10 metres must be provided over all Unitywater sewers
located within property boundaries in accordance with the SEQ standards. Easements
shall be centred over the pipe. Easement terms shall be the most current registered
dealing held by the Department of Natural Resources & Mines and shall not be altered
or amended.
26. Written approval to enter and construct must be obtained from the owners of properties
through which external watermains will traverse. This must include approval for an
easement over the mains, and be submitted with lodgment of the associated
development application for Operational Works.
27. A minimum clearance of 1.5 metres must be maintained between Unitywater sewers and
proposed building envelopes, buildings and other structures.
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REC14/0005
28. Stormwater retention systems and gross pollutant traps must maintain a minimum
clearance of 1.5 meters from Unitywater water supply and sewerage infrastructure
29. Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from
Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping
plants within these clearances must be low growing when mature and suitable
Unitywater approved varieties.
30. Construction works undertaken in the vicinity of Unitywater water supply or sewerage
infrastructure must not adversely affect the integrity of the infrastructure. All costs
associated with repair, replacement or alteration of infrastructure must be met by the
applicant.
5 REFERRAL AGENCY CONDITIONS
Not Applicable
6 ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
1. The QLeave levy must be paid prior to the issue of a development permit where it is
required. Council will not be able to issue a Decision Notice without receipt of details
that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212
6855.
Co-ordination of Operational Works Assessment
2. 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.
Preparation of a Preliminary Construction Management Plan
3. A preliminary Construction Management Plan must be submitted with the Operational
Works application and must address the following:
(a) traffic management during all aspects of the construction phase including:
(i) a Traffic Management Control Plan in accordance with the Manual of
Uniform Traffic Control Devices (MUTCD) detailing all temporary signage
and traffic control measures prior to construction
(ii) maintenance of safe pedestrian access for the areas affected by the works
during and after daily construction has ceased
(iii) proposed fencing to the site during the construction phase of the
development
(iv) approval of the Traffic Management Control Plan by the Department of
Transport and Main Roads (DTMR) for any works on State controlled roads
(v) provision for worker car parking
(b) maintenance and protection of water quality and existing drainage lines through
the construction site, through the implementation of appropriate erosion and
sediment control measures
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REC14/0005
(c) works programme identifying key components of the works and their respective
durations
(d) establishment of a communication protocol with the general public, adjoining
owners, emergency services and local businesses to advise of agreed
construction times, impacts on traffic, services and other relevant issues
(e) identification of complaint management procedures including:
(i) contact details for the on-site manager
(ii) dispute resolution procedures
(f) it is acknowledged that the preliminary Construction Management Plan will be a
draft document requiring finalisation upon appointment of the Principal Contractor
employed to construct the works and a final document will be required to be
submitted at the Pre-Start Meeting for the project.
Unitywater
4. Connection to the Unitywater live water supply and live sewerage system must be
undertaken by Unitywater at the applicant’s cost.
Infrastructure Charges
5. This Development Permit may trigger an “Adopted Infrastructure Charge Notice” (if
applicable) to be issued in accordance with Council’s “Adopted Infrastructure Charges
Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the
Sustainable Planning Act 2009.
7 PROPERTY NOTES
Not Applicable.
8 PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
9 FURTHER DEVELOPMENT PERMITS REQUIRED
Development Permit for Operational Work (Access, Frontage Works, Services,
Stormwater, Earthworks)
10 SELF ASSESSABLE CODES
Not Applicable
11 SUBMISSIONS
Not Applicable
12 REASONS/GROUNDS FOR APPROVAL
Not Applicable
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REC14/0005
13 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.
14 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.
DECISION NOTICE HISTORY
Original Decision Notice (4 July 2014)
Negotiated Decision Notice (24 September 2014)
Yours faithfully
DENIS WALLACE
SENIOR DEVELOPMENT PLANNER
Enc: Appeal Rights
Negotiated Infrastructure Charge Notice
cc: Unitywater
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REC14/0005
Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable Planning Act 463 Additional and extended appeal rights for
2009 (Chapter 7). submitters for particular development applications
(1) This section applies to a development application to
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & which chapter 9, part 7 applies.
OPERATIONAL WORKS (2) A submitter of a properly made submission for the
application may appeal to the court about a referral
Division 8 Appeals to court relating to agency’s response made by a prescribed concurrence
development applications and agency for the application.
approvals (3) However, the submitter may only appeal against a
referral agency’s response to the extent it relates to—
461 Appeals by applicants (a) if the prescribed concurrence agency is the chief
(1) An applicant for a development application may appeal executive (environment)—development for an
to the court against any of the following— aquacultural ERA; or
(a) the refusal, or the refusal in part, of the (b) if the prescribed concurrence agency is the chief
development application; executive (fisheries)—development that is—
(b) any condition of a development approval, another (i) a material change of use of premises for
matter stated in a development approval and the aquaculture; or
identification or inclusion of a code under section (ii) operational work that is the removal, damage
242; or destruction of a marine plant.
(c) the decision to give a preliminary approval when a (4) Despite section 462(1), the submitter may appeal
development permit was applied for; against the following matters for the application even if
(d) the length of a period mentioned in section 341; the matters relate to code assessment—
(e) a deemed refusal of the development application. (a) a decision about a matter mentioned in section
(2) An appeal under subsection (1)(a), (b), (c) or (d) must 462(2) if it is a decision of the chief executive
be started within 20 business days (the applicant’s (fisheries);
appeal period) after— (b) a referral agency’s response mentioned in
(a) if a decision notice or negotiated decision notice subsection (2).
is given—the day the decision notice or
negotiated decision notice is given to the 464 Appeals by advice agency submitters
applicant; or (1) Subsection (2) applies if an advice agency, in its
(b) otherwise—the day a decision notice was response for an application, told the assessment
required to be given to the applicant. manager to treat the response as a properly made
(3) An appeal under subsection (1)(e) may be started at submission.
any time after the last day a decision on the matter (2) The advice agency may, within the limits of its
should have been made. jurisdiction, appeal to the court about—
(a) any part of the approval relating to the assessment
462 Appeals by submitters—general manager’s decision about any part of the
(1) A submitter for a development application may appeal application requiring impact assessment under
to the court only against— section 314; or
(a) the part of the approval relating to the (b) any part of the approval relating to the assessment
assessment manager’s decision about any part of manager’s decision under section 327.
the application requiring impact assessment (3) The appeal must be started within 20 business days
under section 314; or after the day the decision notice or negotiated decision
(b) the part of the approval relating to the notice is given to the advice agency as a submitter.
assessment manager’s decision under section (4) However, if the advice agency has given the
327. assessment manager a notice under section
(2) To the extent an appeal may be made under 339(1)(b)(ii), the advice agency may not appeal the
subsection (1), the appeal may be against 1 or more of decision.
the following—
(a) the giving of a development approval; 465 Appeals about decisions relating to extensions for
(b) any provision of the approval including— approvals
(i) a condition of, or lack of condition for, the (1) For a development approval given for a development
approval; or application, a person to whom a notice is given under
(ii) the length of a period mentioned in section section 389, other than a notice for a decision under
341 for the approval. section 386(2), may appeal to the court against the
(3) However, a submitter may not appeal if the submitter— decision in the notice.
(a) withdraws the submission before the application (2) The appeal must be started within 20 business days
is decided; or after the day the notice of the decision is given to the
(b) has given the assessment manager a notice person.
under section 339(1)(b)(ii). (3) Also, a person who has made a request under section
(4) The appeal must be started within 20 business days (the 383 may appeal to the court against a deemed refusal of
submitter’s appeal period) after the decision notice or the request.
negotiated decision notice is given to the submitter. (4) An appeal under subsection (3) may be started at any
time after the last day the decision on the matter should
have been made.
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REC14/0005
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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