SUPERSEDED Decision Notice - MCU22/0174

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU22/0174
Your Reference:	002424
27 March 2023
Edward Street Development P/L
C/- RG Strategic Australia
PO Box 1818
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 22 March 2023, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU22/0174
Street address:	23 Edward St Noosaville 1/23 Edward St Noosaville 2/23 Edward St Noosaville
Real property description:	Lots 0-2 GTP 492
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 - Dual occupancy
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.

Currency Period
This development approval lapses if the use has not happened by 22 March 2029, unless an application to extend the currency period is approved by Council.
Approved Plans
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed in the tables below. The plans must be amended to incorporate the amendments listed within the table below and resubmitted to Council prior to the issue of any Development Permit for Operational Works.
Plan No.	Rev.	Plan/Document Name	Date
DD2.1	C	Detailed Design Ground Floor Plan	08/02/2023
DD2.2	C	Detailed Design First Floor Plan	08/02/2023
DD2.3	C	Detailed Design Roof Plan	08/02/2023
DD8.3	C	Detailed Design Perspective 3	08/02/2023
DD8.4	C	Detailed Design Perspective 4	08/02/2023
DD8.5	C	Detailed Design Perspective 5	08/02/2023
DD2.10C	C	Detailed design landscape plan Tim Ditchfield Architects	08/02/2023
The following plans require amendment.
Plan No.	Rev.	Plan/Document Name	Date
DD3.1	C	Detailed Design Section A	08/02/2023
DD3.2	C	Detailed Design Section B	08/02/2023
DD3.3	C	Detailed Design Section C	08/02/2023
DD3.4	C	Detailed Design Section D	08/02/2023
DD4.1	C	Detailed Design East Elevation	08/02/2023
DD4.2	C	Detailed Design North Elevation	08/02/2023
DD4.3	C	Detailed Design South Elevation	08/02/2023
DD4.4	C	Detailed Design West Elevation	08/02/2023
DD8.1	C	Detailed Design Perspective 1	08/02/2023
DD8.2	C	Detailed Design Perspective 2	08/02/2023
Amendments	Separate the garages by a minimum of 2m or stagger the garage setback by a minimum of 1m or vary the external finish of each garage to visually ‘break up’ this façade and further highlight the individual dwellings consistent with PO14 and PO15 of the Medium Density Residential Code. Include an additional design element to the southern wall for the stairs to add visual interest. Detail the proposed roof pitch of the main roof of the building on the plans, to be not less than 5 degrees.
*(Refer to Advisory Note)
Building Height
The maximum height of the development must not exceed 8 metres above the ground level.
Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
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 Operational 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.
Building Appearance
External finishes of the building must be a mix of lightweight and textured external finishes, with masonry areas incorporating a variety of textured finishes to break up the surface.
All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or the like thus remaining as open structures.
All balustrades to decks and balcony areas must be open or transparent.
External colours and finishes must be of an understated colour scheme and low-reflective roofing and cladding materials.
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
Waste storage areas, clothes drying areas and external storage areas must be screened from view of the street.
Fencing and Walls
Any street fencing must not exceed 1.8 metres in height, be set back an average of 1 metre and articulated to provide visual interest by stepping the design.
Any fencing on the front boundary must either:
not exceed a maximum height of 1.2 metres
be of open construction.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
The proposed fill and side boundary fences must taper down to the front boundary to the reasonable satisfaction of the Manager Development Assessment.
Protection of Privacy
The upper level terrace must include either balcony planter boxes, balustrading or fixed external screens, positioned in such a way to obscure direct views into the private open space areas of the adjoining property to the north as shown on the Approved Plans.
Landscaping
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
Detailed landscape plans undertaken by a qualified person generally in accordance with the works shown on the Approved Plans
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
landscaping feature trees (45 litre Banksia integrifolia) provided within the eastern frontage landscape area.
vegetated screening of the eastern elevation from Edward Street, designed such that 30% of the eastern elevation will be softened at maturity.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Waste Management
A waste storage area must be provided in accordance with Planning Scheme Policy 9, Waste Management and the Noosa Plan’s Waste Management Code, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Land Amalgamation
The site subject of the development must be amalgamated, prior to the issue of an Operational Works approval.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice and, in particular, must include the following additional clause:
The dwelling units are not permitted to be used for short term accommodation, unless where identified as accepted development by the Noosa Plan or where there is a Development Permit for Material Change of Use for Short Term Accommodation in effect. Short term accommodation means the use of the premises for providing accommodation of less than 3 consecutive months to tourists or travellers.
ENGINEERING
External Works
Edward Street must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
construction of a pedestrian footpath in accordance with the conditions of this Decision Notice; and
removal of the existing property access and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed.
Condition 25 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Site Access and Driveways
A sealed access driveway must be provided from Edward Street to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must be generally in accordance with:
For layout purposes, Drawing number DD2.1 C revision C prepared by Tim Ditchfield Architects dated 8 February 2023;
For civil works, Drawing number 32091-OW4.1 revision A prepared by SCG Consulting Engineers dated 30 November 2022;
For civil works, Drawing number 32091-OW4.2 revision A prepared by SCG Consulting Engineers dated 30 November 2022;
For civil works, Drawing number 32091-OW4.3 revision A prepared by SCG Consulting Engineers dated September 2022.
Car Parking
A minimum of 2 covered car parking spaces and 1 additional car parking space must be provided on the site.
All car parking spaces and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development.  The works must be undertaken in accordance with an Operational Works approval and must include in particular a 1.2 metre wide footpath within the road verge for the entire length of the site’s frontage to Edward Street
Condition 29 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number 32091-SW1.1 revision A prepared by SCG Consulting Engineers dated 30 November 2022.
Condition 30 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Services
Reticulated electricity and telecommunication services must be provided to each dwelling in accordance with the standards and requirements of the relevant service provider.
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All earthworks and associated retaining structures must be undertaken in accordance with an Operational Works approval.
All earthworks and associated retaining structures, both above and below ground level, both temporary and 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
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:
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
Resubmission of Amended Plans Required
The conditions of this Decision Notice require resubmission of plans to Council with amendments. Please address the amended plans to Council’s Development Assessment Branch with the Reference No. MCU22/0174, separate to any Operational Works application. To avoid delays and assessment issues with the Operational Works application, it is recommended the plan/s be resubmitted prior to lodgement of any Operational Works application. However, should the plans not be submitted, the applicant is advised that a Preliminary Approval may be issued in lieu of a Development Permit.
Sustainability
Council encourages sustainable and energy efficient building design for all development, including the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), solar panels, water saving devices and rainwater harvesting.

Fires in Urban Areas
In urban areas fires are prohibited except where in an appliance is 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
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
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a Development Permit for Operational Works 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.
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:
traffic management during all aspects of the construction phase including:
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;
maintenance of safe vehicle and pedestrian access for the areas affected by the works during and after daily construction has ceased;
proposed fencing to the site during the construction phase of the development.
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures.
works programme identifying key components of the works and their respective durations.
establishment of a communication protocol with the general public, adjoining owners and emergency services to advise of agreed construction times, impacts on traffic, services and other relevant issues.
Include a post out to the local residents advising of the proposed development, the expected time frames and the site contact details.
Include signage in prominent locations on the boundaries of the site advising of the proposed development and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense.
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.
Qualified Person
For the purpose of preparing a Landscape Plan, a qualified person is considered to be a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
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	Access, Frontage works, Stormwater, Earthworks, Landscaping
Development Permit for Building Works	All building work (including demolition)
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
Infrastructure Charge Notice
Approved Plans/Documents

CC:	Unitywater

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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