Decision Notice - Approved by Delegation of Authority MCU20 0084

Officer: 	Glen Conforti
Direct Telephone: 	07 53296241
Our Reference:	MCU20/0084
Your Reference:	n/a
20 October 2020
VZ Dioszegi
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 15 October 2020, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU20/0084
Street address:	328 Upper Pinbarren Ck Rd Pinbarren Qld 4568
Real property description:	Lot 3 RP 851976
Planning Scheme:	Noosa Plan 2020 (31 July 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for a Material Change of Use for Nature-based Tourism (2 x suites and 1 x cabin)
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
2002.03 sheet 1		Site Plan, prepared Unknown	18/6/2020
2002.03 sheet 2		Floor Plan, prepared by Unknown	19/8/2020
2002.03 sheet 3		Southern Elevation and Eastern Elevation, prepared by Unknown	19/8/2020
2002.03 sheet4		Northern elevation and Western Elevation, prepared by Unknown	19/8/2020
SK02	B	Floor Plan, prepared by Ecolibrium	09-08-2019
SK03	B	South West View, prepared by Ecolibrium	09-08-2019
SK04	A	North View, prepared by Ecolibrium	27-05-2019
SK05	B	South-East View, prepared by Ecolibrium	09-08-2019
SK06	B	Front View, prepared by Ecolibrium	19-08-2019
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 16 October 2026, unless an application to extend the currency period is approved by Council.
Built Form
The maximum height of the development must not exceed 8 metres above the finished ground level or that indicated on the approved plans, whichever is the lessor.
The mango tree cabin must:
not exceed 64m² GFA;
not have a laundry;
be a sustainable building design which includes but not limited to the following:
passive building design to reduce the need for auxiliary heating and cooling;
orientated to maximise prevailing winds,
provide natural ventilation and cross breezes,
shading to the east and west walls;
maximises natural light;
contains two openings per habitable room; and
a minimum ceiling height of 2.7m,
use external finishes and muted colours that blend with the surrounding natural environment and must not stand out in the surroundings. Colours such green, olive green, blue green, grey green, yellow green, green blue, indigo, brown, and blue grey should be used.
Plans of the mango tree cabin addressing the conditions of this Decision Notice and the vehicle access arrangements must be provided to council prior to the issue of the building approval for the mango tree cabin.
The building containing the suites must use external colours that blend with the natural environment and must not stand out in the surroundings.
The development must be provided with a potable water supply connected to the suites and cabin.  In this regard, at least 75% of the water requirements must be provided from onsite rainwater harvesting.
The Nature-based tourism use must obtain a minimum of 33% of its power from onsite renewable sources such as photovoltaic cells. Prior to the issue of the building permit for the use, certification must be submitted to Council which certifies that the power use requirements of this Decision Notice can be met.
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.
Nature and Extent of Approved Use
The suites (noted on plans as visitor accom 1 and 2) and mango tree cabin are approved for Nature-based Tourism pursuant to The Noosa Plan 2020. The approved suites and mango tree cabin must not be occupied by persons for the purpose of permanent accommodation. The kitchen facilities must only be used as part of the Nature-based Tourism use.
The Home-based business clinic shown on the approved plans (work 1 room and herbal room/reception) is not part of this approval.
The total number of guests accommodated at any one time must not exceed 12.
Guests must be provided information on non-motorised nature-based activities within the surrounding area, such as bushwalking, bicycle riding and wildlife observation (onsite and in the surrounding area). Including information on the Noosa Trail Network and Woondum National Park.
Bushfire
Bushfire management must be undertaken in accordance with the Bushfire Management Plan contained in the Bushfire Hazard Assessment Report prepared by Rob Friend and Associates and dated 9 August 2020. In this regard, no clearing of native vegetation within the area of Biodiversity Significance or Riparian buffer is to take place for the purpose of the Fire Protection Zone.
Flood
The recommendations of the Flood Management Plan prepared by Protest Engineering and dated 28 June 2019 must be incorporated into the operational management of the Nature-based Tourism use.
ENGINEERING
Property Access and Internal Access Roads
Prior to commencement of the use, the existing timber bridge used to access/egress the subject property, must:
be upgraded in accordance with the findings of Tod Consulting’s “Level 3 Report and Certification”, ref CD: JM 20507, date 14/02/2020 so it is safe for public use. Certification provided by an RPEQ certifying the bridge is safe for public use must be provided to council; AND
be replaced when necessary to ensure public safety.
Any bridge replacement works must be in accordance with an operational works approval.
Upon completion of the bridge upgrade/replacement works, a certificate must be issued by an RPEQ certifying that the bridge is structurally sound and its structure is suitable for safe public use. The certification must be submitted to Council prior to the commencement of the use.
Internal access roads (namely to the “Mango Cabin”) must be improved generally in accordance with Protest Engineering documents, submitted on 20 August 2020, namely:
Report “Access Review”, Number PTP/03729-0001-Rev1 (App 2 – Protest – Internal roads Review.pdf); and
Drawing “Spillway Crossing Detail”, Number PTP/03729/EX01 (App 2a – Protest – internal road spillway design.pdf).
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
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 must be undertaken generally in accordance with the findings of Protest Engineering’s “Slope Stability Assessment Report”, number PTP/03499-001, submitted on 20 August 2020
All earthworks 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.
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.
Waste Water Treatment and Disposal
The development must be provided with an on-site waste water treatment and effluent disposal system having a capacity sufficient for the use*.
*(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.
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.
COVID-19
This development approval has been issued during the COVID-19 applicable event declared under 275F of the Planning Act 2016. The period for undertaking the approved development may be subject to a further extension of 6 months under section 275R of the Planning Act.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
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
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.

Waste Water Treatment and Disposal System
The establishment of a waste water treatment and disposal system for the site requires a Compliance Permit to be obtained from Council under the Plumbing and Drainage Act 2002. The system must be designed in accordance with the Queensland Plumbing and Wastewater Code (Department of State Development and Infrastructure & Planning, 2007) and Australian Standard AS/NZS1547: 2000 “On-site Domestic Wastewater Management” or an alternative solution approved through Council’s Building and Plumbing branch. Where a development exceeds the accommodation or use of 21 or more equivalent persons a copy of an Operator’s Licence from the relevant State will also be required.
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
property notes
Not applicable.
reference Documents
Doc No.	Rev.	Plan/Document Name	Date
PTP/03729 – 0001	1	Access Review, prepared by Protest Engineering	8 April 2019
CD:JM 20507		328 Upper Pinbarren Creek Road, Pinbarren – Property Bridge – Level 3 Report and Certification, prepared by TOD Consulting Engineers and Project Managers,	14 February 2020
RFA19-039-02		Bushfire Hazard Assessment Report – 328 Upper Pinbarren Creek Road, Pinbarren, prepared by Rob Friend & Associates	9 August 2020
PTP/0372 – 0001	1	Flood Management Plan, prepared by Protest Engineering	8 April 2019
PTP/03499 – 0001		Slope Stability Risk Assessment Report, prepared by Protest Engineering	13 August 2019
PTP/03729/EX01		Spillway Crossing Detail, prepared by Protest Engineering	N/D
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Bridge replacement
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,

Glen Conforti
Development Planner

Enc:	Appeal Rights
Infrastructure Charge Notice
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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