Decision Notice - Approved by Delegation of Authority DBW22 0070

Officer: 	Nadine Gorton
Direct Telephone: 	07 53296215
Our Reference:	DBW22/0070  :
Your Reference:	220732
8 August 2022
Core Building Certification
PO Box 4773
SUNSHINE COAST MAIL CENTRE  QLD  4560
[email protected]
Dear Si/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 3 August 2022, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	DBW22/0070
Street address:	16 Woodlark Rise Sunrise Beach Qld 4567
Real property description:	Lot 299 RP 136796
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Building Works - Dwelling House
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.
Plan No.	Rev.	Plan/Document Name	Date
21-060 sheet 2	1	Site plan – prepared by Icon Building Design	24.05.2022
21-060 sheet 3	1	Site plan- relaxation – prepared by Icon Building Design	24.05.2022
21-060 sheet 4	1	Basement Floor plan – prepared by Icon Building Design	24.05.2022
21-060 sheet 7	1	Level 1 floor plan – prepared by Icon Building Design	24.05.2022
21-060 sheet 11	1	Fence plan – prepared by Icon Building Design	24.05.2022
21-060 sheet 15	1	Level 2 Floor Plan – prepared by Icon Building Design	24.05.2022
21-060 sheet 21	1	West Elevation – prepared by Icon Building Design	24.05.2022
21-060 sheet 22	1	North Elevation – prepared by Icon Building Design	24.05.2022
21-060 sheet 23	1	East Elevation – prepared by Icon Building Design	24.05.2022
21-060 sheet 24	1	South Elevation – prepared by Icon Building Design	24.05.2022
21-060 sheet 26	1	Gazebo Elevation – prepared by Icon Building Design	24.05.2022
21-060 sheet 27	1	Section A – prepared by Icon Building Design	24.05.2022
21-060 sheet 29	1	Section C – prepared by Icon Building Design	24.05.2022
22153-H2	B	Hydraulic Services, Sanitary & Stormwater Service, Site, Basement & Lvl 1 Floor Plan Prepared by Chilton Woodward & Associates	22 June 2022
220701-C04	3	Proposed Driveway Layout & Section Plan Prepared by Ingeniir	21 June 2022
220701-C05	3	Proposed Earthworks Plan Prepared by Ingeniir	21 June 2022
Building Height
The maximum height of the development must not exceed 8 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 building does not exceed the maximum height requirement of this Decision Notice.
Currency Period
This development approval lapses if the use has not happened by 3rd August 2026, 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 $5,000 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 minimum of 20% of the site must consist of soft landscaping.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Site Specific Conditions
The owner of the property is responsible for managing and maintaining the basement stormwater pump to ensure all stormwater collected in the basement is discharged according to drawing number 22153-H2 Sheet 2, Rev B prepared by Chilton Woodward & Associates.
A certified Arborist must be present during the driveway construction to ensure the health of the existing Tuckeroo street tree will be unaffected as a result of the works.
Bond
Provide to Council a Tree Protection Bond* of $1000 for the one street tree identified for retention prior to issue of building approval
*(Refer to Advisory Note)
Site Access and Driveways
A sealed access driveway must be provided from Woodlark Rise 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 Noosa Council drawings RS-049, RS-050 and any associated addendum;
be generally in accordance with drawing number 220701-C04, Issue 3 prepared by Ingeniir dated 21 June 2022
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken generally in accordance with drawing number 22153-H2 Sheet 2, Rev B prepared by Chilton Woodward & Associates dated 22 June 2022.
Geotechnical Stability - Future Dwelling Requirements
All works on site must be constructed in accordance with a site specific Geotechnical Report endorsed through the building permit.
Earthworks and Retaining Walls
All fill and associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
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.
On Maintenance
Maintenance periods* must be:
12 months for Street Tree Landscape
if the Street Tree has died or is performing poorly during the 12 month period and a replacement tree was required, the maintenance period will restart from the date the replacement tree was planted.
*(Refer to Advisory Note)
Prior to requesting an On Maintenance inspection, an Arborist Report including site photographs must be provided to Council regarding the retained Street Tree and the process during the construction of the driveway. The Arborist Report must be prepared by respective qualified persons* and certify compliance with relevant approvals.
On Maintenance management includes:
establishing and maintaining the works in accordance with the intent and requirements of all approvals
rectification of works failing ‘on ground’ to a solution that still meets approval intents
replace of dead of poorly performing street tree with a species from the PSP2 – Landscape ‘preferred species’ list that meets Specifying Trees – a guide to assessment of tree quality (NATSPEC).
Off Maintenance
Prior to requesting an Off Maintenance inspection, the following must be provided:
written request of bond release
evidence in the form of a statement/report from the site Arborist that the retained Street Tree is alive and performing well or
evidence in the form of a statement/report that the original Street Tree was required to be replaced and a replacement Street Tree is alive and performing well.
Off Maintenance inspection must be requested:
by contacting Council*
only after lodgement of documentation regarding the health of the Street Tree
only after all works are confirmed in good order including:
rectifying any damaged grassed areas
topdressing to grassed areas
replacement of plant material
removal of plant material impeding regulation sightlines.
*(Refer to Advisory Note)
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
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.
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
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.
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6500 to arrange a prestart meeting or an inspection giving a minimum of five business days’ notice of preferred inspection time.
Prestart
Tree Protection Bond:
May be drawn upon by Council if:
any trees identified are damaged to the point where they cannot be saved (as confirmed by the site Arborist and agreed in writing by Council); or
where a replacement tree has not be installed or is performing poorly or died following the 12 month maintenance period.
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);
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.
For the purpose of undertaking, supervising tree works and preparing arboriculture certification, a qualified person is considered to be a person who:
has a minimum 3 years experience in tree protection, hazard identification/mitigation and Specifying Trees – a guide to assessment of tree quality (NATSPEC); and
an International Society of Arboriculture (ISA) certification or a Diploma of Arboriculture.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD); and
provision for safe vehicle and pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
On Maintenance
Request for On Maintenance is the responsibility of the developer. No credit will be given due to failure to request an inspection. Maintenance works are the responsibility of the developer and must include regular inspections, repairs, rectifications and establishment. A single maintenance run immediately prior to inspection is not acceptable.
Council reserves the right to stop and restart the maintenance periods due to non-compliance with conditions of this approval.
Off Maintenance
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
a Council inspection reveals works do not comply with approval requirements.
submitted certification falsely states works comply with approval requirements.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
Development Permit for Operational Works	Driveway
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,

Nadine Gorton
Development Planner

Enc:	Appeal Rights
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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