Decision Notice - Approved by Delegation of Authority MCU21 0034

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU21/0034  :
Your Reference:	n/a
15 July 2021
Mixhill Pty Ltd
C/- Pivotal Perspective Pty Ltd
4/59 Mary St
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 9 July 2021, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU21/0034
Street address:	8 Tristania Dr Marcus Beach Qld 4573
Real property description:	Lot 100 M 11112
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dwelling house
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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
20042 SK01	F	Site Plan, prepared by Zest Design Noosa	23-06-21
20042 SK.02.0	F	Master Plan – Level 1, prepared by Zest Design Noosa	23.06.21
20042 SK.02.1	F	Master Plan – Level 2, prepared by Zest Design Noosa	23.06.21
20042 SK.02.2	F	Elevations, prepared by Zest Design Noosa	23.06.21
20042 SK.02.3	F	Elevations, prepared by Zest Design Noosa	23.06.21
20042 SK.02.4	F	Site Section, prepared by Zest Design Noosa	23.06.21
Currency Period
This development approval lapses if the use has not happened by 9 July 2027, unless an application to extend the currency period is approved by Council.
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 Building 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.
Landscaping
A mix of native landscaping, such as ground covers, shrubs and trees, is provided for a width of 5 metres from the seaward or front boundary of the site.  The planted vegetation must have a minimum pot size of 200mm and consist of native, endemic species as per Table 3.1 & 3.2 of PSP2 Landscaping for suitable coastal species.
Coastal Protection
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
Site Access and Driveways
A sealed access driveway must be provided from Tristania Drive 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 Drawings RS-049 and RS-050 and any associated addendum.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.
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.
Geotechnical Stability
All works must be carried out in accordance with the recommendations contained in the Slope Stability Assessment Project No: 21054-001-Rev 1 prepared by Tectonic Geotechnical & Environmental Engineers dated 7 April 2021.
Prior to the commencement of the use certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the recommendations contained in the Slope Stability Assessment Project No: 21054-Rev 1 prepared by Tectonic Geotechnical & Environmental Engineers dated 7 April 2021.
*(Refer to advisory Note)
Earthworks and Retaining Walls
Earthworks carried out on site must not impact on the stability of adjoining lands and/or structures and/or services and/or vegetation
All earthworks and associated batters/retaining structures, both above ground and below ground level, temporary or permanent, must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
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.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 4, Division 3, Table 1 (Planning Regulation 2017)	The agency provided its response on 24.03.21(Reference No. 213-21621SRA. 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:
PLANNING
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.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
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
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
Building and Construction Industry (Portable Long Service Leave) Levy
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.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
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	Site Access and Driveways
Development Permit for Building Works	All building work.
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,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Referral Agency Response
Approved Plans/Documents
cc.	[email protected]

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	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
				Page 1 of 13

[Attachment: image3.png (image text)]
 

 

 

 

Queensland

SARA reference: 2102-21621 SRA
Councl reference: MCUZUD024

24 March 2021
Chief Executive Offcer
Noosa Shire Counc
POBox 141
‘TEWANTIN QLD 4566
rmali@noosa qld. gov.au

‘Atention: Liss Plensar

esr Lisa Pienaar

SARA response—8 Tristania Drive, Marcus Beach
(Reteral agency response given under section £8 of the Planing Act 2016)

“The development application desorbed below was confined as property referred by the State
‘Assessment and Referral Agency (SARA) on 17 March 202

Response

‘Outoome: feral agency response wih conditions.

Date of response: 24 March 2021

Conditions: “The condionsin Attachment 1 must be attached to any
evelopment approval

Abc: ‘Advice the applicants in Attachment 2

Reasons: “The reasons forthe referal agency response ae in Attachment 3

Development details

Description: Development permit Material change ofuse fora dweting

house

‘SARA roe: Referal agenoy

‘SARA tigger ‘Schedule 10. Part 4, Division 3, Table 1 Planning Reguiaton 2017)
remizes contaminated because of unexploded ordnance

‘SARA reference: 2103-21621 SRA

‘Assessment Manager ‘Noosa Shire Counei!

‘ounce eerste (Nor) elena
‘eae sung. eel 12 Fr
‘enue aoounore

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‘Sweet aderess: {8 Titania Drive, Marcus Beach
Real propery description: Lot 100 0n M1112
‘Applicant name: Mocs ty Ls ( & M Wits)
Applicant contactdetais: 480 Mary St
Noosavile QLD 4568
|ack@pvetalerspectve com au
Representations

“Ba applicant may make represeriatons to a Soncurence agency, alany tne beter the applications
Gecided, about changing a matier inthe referal agency response (5.30 Development Assessment Rules)
Copies of the relevant provisions are in Attachment 4

‘A copy of this response has been sent tothe applicant fr their information.

For futher information please contact Jamsica Hewston, Principal Planning Officer, on 8362 6718 cr via
emai ip ald gov. who wil be plassed to assist.

 

Yours sincerely
7
LE
OF
J
Gath Non
Manager (Planning)

ce MatilPty Lid (P& M Willams), jsck@pivotiprspecive comau

ene Atachmant 1 -Referal aganey contions
‘Atachmant2 aves tothe appicant
‘ataohmant 3 - Reasons ‘or rears! agency response
‘Ataciment 4 Representations provsions

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Attachment 1—Referral agency conditions
(Tider secon S8( TVX) of he Planing Act 2076 te Tokowing Conations Rus be SSCRed Wo any VSORTEAL

approval eatng to this appcaton)

 

 

 

No._[ Conditions
Material change of use

‘Schedule 10, Par 4, Division 3, Table 1 (Planning Regulation 2017) —The chief executive
_scministering the Planning Act 2016 nominates the Dector.Ganeral ofthe Department of State
Development, nrastructure, Local Government and Planning t be the enforcement author for the
development to which this development approval relates forthe administration and enforcement of any
matter relating to the folowing coneition:

 

 

 

1. | Prove witen confirmation tothe Depariment of Siate Development, | Prior tothe
Infrastructure, Local Government and Planning by an approved contrsctor | commencement
‘onthe Australian Government, Department of Défense, Unexposed | crore
‘Ordnance (UXO) Panel thatthe subject ste has been remediated and
‘desred of unexploded ordinances.

“The Unexploded Ordnance (UXO) Panels found online at
hth. defence gov auleststemanagementsupporidehpWhoToEnga
ge.sp

 

 

 

 

 

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Attachment 2—Advice to the applicant

 

General advice

 

1

“Terms and phrases used in this document are defined the Planning Act 2076, fs regulation
lor the State Development Acsecament Provisions (SDAP) v2.6. fa word remains undefined it
has its ordinary meaning.

 

 

Provide the owner, oocuper and any person employed to work on the subject ste the flowing
information

(2) Residual UXO may sil exist fllowing remediation and al work should proceed with
‘dae caution
(©) The procedure tobe fllowed by any person finding an object suspected of being
‘explosive ordnance or component thereof
iL advise the police immeditely.
donot citar the abject.
{ake action, where appropriate, to prevent it being disturbed.
(@) Another person:
1 note approximate dimensions and general appearance
i Rote the route tots locaton.

 

‘Applicants wanting to find out more details of area management advice (AMA), currant UXO
investigations and remadil search contractors may use the folowing websites
"Department of Environment and Selanos - hips www. des qi. gov sul OR

 

= _Commenwasith Departmant of Defence -htp/www defence gov aul

 

 

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Pogesers


[Attachment: image7.png (image text)]
Attachment 3—Reasons for referral agency response

(Gwen under secon £07) of te Panning ACT 2016)

“The reasons for SARA's decision are:

1 The development application is fora development permit for a material change of use for a dweling
house,

‘+The subject ste is loested wihin an ares with potential for unexploded ordinances, and therefore the
application required referalto SARA for assessment against the State Development Ascecoment
Provisions (SDAP) v2.8, State code 13: Unexploded ordnance (State code 13)

‘+ SARA determined thatthe application can meet the performance outcomes of State code 13, subject
10.2 condition of approval to ensure the developments managed ina manner tat protects human
‘safety andthe environment.

Material used in the assessment ofthe application:

“The development application material and submited plans
Planning Act 2016

Planning Regulation 2017

‘The SDAP as published by SARA

“The Development Assessment Rules

[SARA DA Mapping system.

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ee) NOOSA COUNCIL