MCU13/0226 & REC13/0148 Negotiated Decision Notice

Officer:	Jack Lewis
Direct Telephone:	07 53296236
Our Reference:	JLEWIS:MCU13/0226 & REC13/0148
Your Reference:	13/3032

4 September 2015

Valkev Pty Ltd
C/- Max Watterson & Associates
PO Box 639
COOROY  QLD  4563

[email protected]

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 2 September 2015 Council decided your representations.
Details of the decision are as follows:
application details
Application No:	MCU13/0226 & REC13/0148
Street Address:	Pearsons Rd COOROY  QLD  4563
Real Property Description:	Lot 135 MCH 978 & Lot 5 SP 266731
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
Council on 18 December 2014 decided to issue the following types of approval:
The following type of approval has been issued:
Development Permit to Reconfigure a Lot - 2 Lots into 25 Lots
Preliminary Approval for Material Change of use under Section 242 of the Sustainable Planning Act 2009 for development to be carried out in accordance with the Detached House Zone.

In relation to representations, Council on 2 September 2015 decided to:
A.	Agree to change condition 10 of REC13/0148.

Relevant period of approval
The relevant period for this development approval is 4 years starting the day that this development approval takes effect.
assessment manager conditions
Preliminary Approval for Material Change of Use under Section 242 of the Sustainable Planning Act 2009 for development to be carried out in accordance with the Detached Housing Zone on Lot 135 on MCH978
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 and may be amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
10-3032AZ1A	-	Plan of Proposed Reconfiguration of Lot 135 on MCH978 drawn by Max Watterson & Associates	06/05/2014
Nature and Extent of Approved Use
This approval overrides the planning scheme pursuant to s242 of the Sustainable Planning Act 2009 for the life of the approval to the extent that development on the site must comply with the development provisions for the Detached Housing zone within the Cooroy & Lake Macdonald Locality under The Noosa Plan.

Development Permit for Reconfiguring a Lot (2 into 25 and Park)
When Conditions Must Be Complied With
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
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
10-3032AZ1A	-	Plan of Proposed Reconfiguration of Lot 135 on MCH978 drawn by Max Watterson & Associates	06/05/2014
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Road & Park Names
The proposed names of roads and parks must be lodged with the application for a Development Permit for Operational Works. Names are to be:
Relevant to Australian, preferably local, history ,flora, fauna, culture, landscape or physical characteristics;
If used, personal names should commemorate persons who have contributed significantly to the development of the region; demonstrated outstanding levels of civic service;  or achieved role-model status in the wider community or donated property or funds for community benefit; and be recognised in memoriam;
Park names should be unique within the locality;
Approval will not be given to a name that may construed as advertising, is more than one word, understanding that a geographic relationship such as Cooroy Mountain is permissible; is insensitive to diverse cultures and does not accord with community standards; and is not concise, easy to pronounce and spell and be without accent marks, apostrophes or hyphens.
All street signs on new roads (public and private) and parks shall be erected prior to works being accepted on maintenance.
Security Bond
Security in the form of a cash bonds or trading bank guarantees to the sum of $20,000 must be submitted, 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.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
All constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement.
All utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement.
All retaining walls and structures are fully contained within the lot they retain.
Any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties.
Landscaping
Landscaping in the road reserve is to be in accordance with PSP03 – Landscaping Plants & Guidelines and a properly prepared landscape plan, prepared by a suitably qualified Landscape Architect or Horticulturalist. The landscape plans are to be submitted and approved as part of the Operational Works incorporating landscaping. Where other permits for Operational Works for roads, drainage or access are required, the landscaping layout shall be based on approved drawings for those Operational Works.
The landscaping plans shall include:
A minimum 2m wide landscaping buffer along the Elm Street frontage, including a 1m truncation of the western property boundaries of lots 44-47 with Elm Street to establish screening vegetation between the footpath and the acoustic fence.
The densely planted buffer shall be located so as to allow for adequate sight lines, be clear of existing and proposed services within the road reserve, including the footpath, power lines (using appropriate species where applicable), bus stop design and to provide shade to pedestrians.
Retention of existing local origin trees located within the proposed parks, which are not required to be removed for the bioretention basin. An arborist must inspect the trees before and after works, to confirm they are not affected by any earthworks;
New roads are to be landscaped with a minimum of 1 street tree with a minimum pot size of 100 litres planted within the road reserve for every 8 metres of road frontage including around the cul de sac, which provide a good-sized canopy to allow good shade once fully mature. Further to the native street trees recommended for planting within PSP03, Council also recommends the planting of 100 litre appropriate edible fruit tree species as part of the road reserve plantings and located at the end of each property boundary, to minimise impacts from construction and future driveways.
Tree plantings must maintain a minimum horizontal clearance a minimum distance of:
2m from stormwater catchpits;
4m from overhead lighting; and
Landscaping plants within these clearances must be low growing when mature and suitable Council approved varieties.
Landscaping of the road reserve is to be completed in accordance with the approved landscaping plan prior to acceptance of the development ‘On Maintenance’ and maintained thereafter for a three (3) year period to the reasonable satisfaction of Council.
Vegetation Protection & Weed Removal
Prior to issue of a Development Permit for Operational Works, an Ecological Restoration Plan and Specifications for the proposed park shall be approved by Council. The restoration plan shall include the following:
A plan indicating revegetation, including a species palette incorporating the species selection of only native indigenous species;
Measurable and achievable criteria on which the performance of the floristic and structural component of the re-vegetation strategy can be assessed annually over 3 years, including no weeds in the park area for all of the annual assessments and at the end of the re-vegetation period.
Control of all weed species listed in the following standards and legislation:
Declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003.
Council listed Environmental Weeds, exotic grasses and other plants identified in writing by Council.
All rehabilitation and revegetation must be completed prior to Council endorsement of the Plan of Survey.
The area identified as Park on the Approved Plans must be dedicated to the Crown as a reserve for Park purposes.
The land to be dedicated is “non-trunk infrastructure” for the purposes of the Sustainable Planning Act 2009.
ENGINEERING
External Works
Elm 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 kerb and channelling (OR table drain) and underground stormwater drainage for the full frontage of the development site;
installation of street, pathway and bus stop lighting; and
widening and sealing of the existing road pavement to include the bus stop and the entry and departure tapers.
The Elm St pathway infrastructure is imposed pursuant to s646 of the Sustainable Planning Act 2009 being necessary trunk infrastructure identified by Council’s LGIP to service the development. All other infrastructure is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
The new road must join smoothly with the existing formation of Blue Wren Court. The works must be undertaken in accordance with an Operational Works approval and be designed and constructed in accordance with Council’s Planning Scheme Policy 5 – Engineering Design Standards - Roads, Drainage and Earthworks. The works must include in particular:
provision of sight distances adequate for the design speed of the road;
relocation of the existing footpath, services and property accesses; and
retention of all existing parking facilities on Blue Wren Court.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
Bus Stop
The developer must design and construct a bus stop on the Elm Street frontage of the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
The proposed bus stop is to be “Indented” and be in accordance with the current TransLink Public Transport Infrastructure Manual. The bus stop must contain all Mandatory and Preferred components as stated in the manual, and be constructed in accordance with the new Noosa Council Custom Design Rural Bus Shelter; and
The design for the bus stop shall consider a Pedestrian Refuge Island and a coupled bus stop (indented but unsheltered) on the opposite side of Elm Street for future construction.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
Blue Wren Close Road Works
The developer must construct 4 indented carparking bays on the northern side of Blue Wren Close between the development site and Lake Macdonald Drive with the final location determined in conjunction with Council. The works must be undertaken in accordance with an Operational Works approval.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
New Roads
The new roads shown on the Approved Plans must be constructed in accordance with the conditions of this Decision Notice and dedicated as road reserve at no cost to Council.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
The new roads as shown on the Approved Plans must be designed and constructed in accordance with Council’s Planning Scheme Policy 5 – Engineering Design Standards - Roads, Drainage and Earthworks. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Reserve and formation widths to an “Access Road” standard;
sealing, drainage, kerbing and channelling;
construction of pedestrian footpaths in accordance with the conditions of this Decision Notice;
installation of street and pathway lighting; and
For roads terminating in a cul-de-sac, a circular turning area of sufficient size to accommodate the single forward motion turn of a Waste Collection Vehicle (WCV) clear of private driveways on-street parking and speed control devices.
A temporary sealed turnaround facility must be constructed at the end of each road left temporarily incomplete as a result of the development staging. The temporary turnaround facility must be in accordance with an Operational Works approval and must be of sufficient size to accommodate the 3-point turn manoeuvre of a Waste Collection Vehicle (WCV).
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
Property Access and Driveways
A residential driveway must be constructed to Lots 43-47. The residential driveway for Lot 44 must extend for the full length of the access handle. The works must be undertaken in accordance with an Operational Works approval.
Vehicle access to Lots 44-46 is limited to the new road only.  A clause must be included in the contract of sale for Lots 44-46 which prohibits vehicle access being taken from Elm Street.
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 new 2 metre wide footpath within the road verge for the entire length of the site’s frontage to Elm Street;
a 2 metre wide footpath along southern side of the new road and extending to the existing pathway in Blue Wren Close;
a 2 metre wide path across the frontages of proposed lots 33 and 34;
a 2 metre wide footpath between lots 46 and 47 extending from the new path in Elm Street to the path in the new road; and
Pram crossings where applicable.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 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 the Queensland Urban Drainage Manual, and must include in particular:
the works generally as shown on drawing number 1225-33 revision A and dated 06/14 prepared by Callaghan and Toth;
provision of kerb adapters for all new lots; and
extension of the site stormwater system to accommodate stormwater from external to the site, including registration of drainage easements.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
All elements of the stormwater drainage system, including any necessary scour protection, must be wholly contained within the subject site, existing and/or new road reserves.
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 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.
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.
Electricity and Telecommunication Services
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.
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 which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Street and Pathway Lighting
Street lighting and pathway lighting throughout the subdivision shall have a high energy efficient rating to the reasonable satisfaction of Council and shall generally be provided in accordance with the principles of Council’s Planning Scheme Policy 5.

UNITYWATER
The following Unitywater conditions are applied in accordance with the 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. Any future applications must be made to Unitywater under South East Queensland (Distribution and Retail) Restructuring Act 2009. Unitywater can be contacted at [email protected]
Water and Sewerage
Reticulated water must be provided to each lot in the development. This must include:
Ensuring that internal water pipes are wholly contained within the lot they will serve.
An approved water meter for each lot in accordance with Unitywater and SEQ Standard Drawings.
Provision of a water service from the existing 100mm diameter water main located in Blue Wren Place to service each lot within the proposed subdivision in accordance with Unitywater and SEQ Standard Drawings.
Water meters must be located on alternative boundaries to electrical pillars.
The fire-fighting demand on Unitywater’s water supply system from the development must not exceed 15 litres per second.
Reticulated sewerage must be provided to each lot in the development. This must include:
Ensuring sewer house drains are wholly contained within the Lot they will serve.
Provision of sewerage infrastructure to within the property boundaries of each lot within the proposed subdivision.
A minimum clearance of 1.5 metres must be maintained between Unitywater sewers and proposed building envelopes, buildings and other structures
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.
Stormwater retention systems and gross pollutant traps must maintain a minimum clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure
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.
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.

referral agency conditions
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response
Concurrence	SARA at DSDIP Mike Ahern Government Building 12 First Avenue MAROOCHYDORE  QLD  4558 Online: Mydas (at www.dsdip.qld.gov.au) :[email protected]	Adjoining a Main Road (Elm Street) and near a railway corridor	The agency provided its response on 14 May 2014. A copy of the response is attached.

A copy of any referral agency conditions 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:
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 on 07 3247 6212 to discuss any obligations under the ACH Act.
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 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.
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads.
provision for worker car parking.
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, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
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.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council to arrange a Development Compliance Inspection.
Unitywater
Connection to the Unitywater live water supply and live sewerage system must be undertaken by Unitywater at the applicant’s cost.
Infrastructure Charges
This Development Permit triggers an “Infrastructure Charge Notice” to be issued in for Council “trunk” infrastructure in accordance with Council’s “Adopted Infrastructure Charges Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the Sustainable Planning Act 2009.

property notes
The following property notes shall be placed against the relevant lots in Council’s property record system:
A Rail and Traffic Noise Study has been undertaken for new buildings on this property. New buildings shall be constructed in accordance with the conclusions of the study and the Queensland Development Codes (QDC) MP 4.4 – Building in a Transport Corridor (or equivalent codes/guidelines at the time of building).
No direct vehicular access to Elm Street is permitted.

preliminary approval overriding planning scheme
Not Applicable

further development permits required
The following Development Permits are required:
Development Permit for Operational Works (Landscaping, Roads & Drainage and Access)

self assessable codes
The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.
Advertising Devices Code

submissions
20 properly made submissions were received.

reasons/grounds for approval despite conflict with planning scheme
The Assessment Manager considers the decision conflicts with the planning scheme and the following reasons are sufficient grounds to justify the decision despite the conflict:
The development provides for a practical infill development to support a growing urban settlement of permanent residents in Cooroy.
The proposal is compatible with the residential zoned land surrounding the site;
The proposed residential uses are compatible with the constrained site access provided via Blue Wren Place, with more intensive development unlikely to be suitable.
The use of the site for residential uses will not unduly impact Cooroy’s ability to provide for a range of community uses.

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.

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 (18 December 2014) Negotiated Decision Notice (2 September 2015)

Yours faithfully

JACK LEWIS
DEVELOPMENT PLANNER

Enc:	List of Submitters
Appeal Rights
Referral Agency Response

Cc	SARA at DSDIP
[email protected]

Unitywater
[email protected]

	Referral Agency SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009
SDA-0714-011831

Our reference:     SDA-0714-011831
Council reference:  MCU13/0226 and REC13/0148
23 uly 2014 Brett de Chastel
The Chief Executive Officer Noosa Shire Council
PO Box 141
Tewantin Qld 4565

Dear Mr de Chastel

Concurrence agency response—with conditions
Lot 135 MCH978 and Lot 5 SP266731 (Pearsons Road and 55 Lake Macdonald Drive, Cooroy) (Given under section 285 of the Sustainable Planning Act 2009)

The referral agency material for the development application described below was received by the Department of State Development, Infrastructure and Planning under section 272 of the Sustainable Planning Act 2009 on .

Applicant details
Applicant name:                      Valkev Pty Ltd C/- Max Watterson & Associates Applicant contact details:        PO Box 639
Cooroy  QLD 4563

Site details

Street address:                       Pearsons Road and 55 Lake Macdonald Drive, Cooroy Real property description:       Lot 135 MCH978 and Lot 5 SP266731
Local government area:          Noosa Regional Council

Application details

Proposed development:       Preliminary Approval for Material Change of Use under
section 242 of SPA (25 detached houses) and Development
Permit for Reconfiguring a Lot (2 lots into 25 lots)
Referral triggers
The development application was referred to the department under the following provisions of the Sustainable Planning Regulation 2009:
Referral trigger              Schedule 7, Table 2, Item 2 – State-controlled road
Schedule 7, Table 3, Item 1 – State-controlled road

Conditions
Under section 287(1)(a) of the Sustainable Planning Act 2009, the department requires that the conditions set out in Attachment 1 attach to any development approval.

Reasons for decision to impose conditions
Under section 289(1) of the Sustainable Planning Act 2009, the department is required to set out the reasons for the decision to impose conditions. These reasons are set out in Attachment 2.

Further advice
Under section 287(6) of the Sustainable Planning Act 2009, the department offers advice about the application to the assessment manager—see Attachment 3.

Approved plans and specifications
The department requires that the following plans and specifications set out below and in Attachment 4 attach to any development approval.

Drawing or document	Reference no.	Version	Date
Plan of Proposed Reconfiguration of Lot 135 on MCH978, prepared by Max Watterson and Associates	Ref 10-3032AZ		28 March 2014
Rail and Traffic Noise Study, prepared by Renzo Tonin Ron Rumble	Q9818-01F02	Rev 1.	11 April 2014

A copy of this response has been sent to the applicant for their information.

If you require any further information, please contact Caroline Plank, Senior Planning Officer, Regional Services (SEQ North) on 5352 9709 or via email [email protected] who will be pleased to assist.

Yours sincerely

Garth Nolan Manager (Planning)

cc:         Valkev Pty Ltd C/- Max Watterson & Associates, [email protected] enc:
Attachment 1—Conditions to be imposed
Attachment 2—Reasons for decision to impose conditions Attachment 3—Further advice
Attachment 4—Approved Plans and Specifications

Our reference:     SDA-0714-011831
Council reference:  MCU13/0226 and REC13/0148

Attachment 1—Conditions to be imposed

No.	Conditions	Condition timing
Preliminary Approval for Material Change of Use under section 242 of the Sustainable Planning Act 2009 and Development Permit for Reconfiguring a Lot
Schedule 7, Table 3, item 1 – State-controlled road and Schedule 7, Table 2, Item 2 – State- controlled road —Pursuant to section 255D of the Sustainable Planning Act 2009, the chief executive administering the Sustainable Planning Act 2009 nominates the Director-General of Department of Transport and Main Roads to be the assessing authority for the development to which this development approval relates for the administration and enforcement of any matter relating to the following conditions:
1.	Development must be carried out generally in accordance with the following plan and report: Plan of Proposed Reconfiguration of Lot 135 on MCH978, prepared by Max Watterson and Associates, dated 28 March 2014, Ref 10-3032AZ; and Rail and Traffic Noise Study, prepared by Renzo Tonin Ron Rumble, dated 11 April 2014, reference Q9818- 01F02, Rev 1.	At all times.
2.	Direct vehicular access between Cooroy Connection Road and Lot 135 on MCH978 is not permitted.	At all times.
3.	The management of stormwater (quantity and quality) post development must achieve a no worsening impact (on the pre- development condition) calculated for all flood events including and up to Average Recurrence Interval (ARI) 100 in accordance with the Department of Transport and Main Roads’ Road Drainage Manual, the Queensland Urban Drainage Manual, Environmental Protection Act 1994 and Environmental Protection (Water) Policy 2009. Stormwater management for the development must ensure no worsening or actionable nuisance to the state-controlled road network caused by peak discharges, flood levels, frequency/duration of flooding, flow velocities, water quality, sedimentation and scour effects. Any excavation, filling, paving, landscaping, construction or any other works to the land must not: create any new discharge points for stormwater runoff onto the state-controlled road; interfere with and/or cause damage to the existing stormwater drainage on the state-controlled road; surcharge any existing culvert or drain on the state- controlled road; reduce the quality of stormwater discharge onto the state-controlled road.	(a), (b) and (c) Prior to the commencement of use and to be maintained at all times.
4.	The development must incorporate a 2.3 to 2.5 m noise barrier as shown in Figure 5 of the Rail and Traffic Noise Study, prepared by Renzo Tonin Ron Rumble, dated 11 April 2014, reference Q9818-01F02, Rev 1. Noise barriers and/or earth mounds – recommended in the	(a) & (b) Prior to the commencement of use and to be maintained at all times (c)

No.	Conditions	Condition timing
	acoustic report referred to in part (a) must be designed and constructed in accordance with the Department of Transport and Main Roads’ Transport Noise Management: Code of Practice, Volume 1 – Road Traffic Noise. (c) The applicant must provide RPEQ certification that the development has been designed and constructed in accordance with parts (a) and (b) of this condition.	Prior to obtaining a final inspection certificate or certificate of classification, whichever is applicable, or prior to the commencement of use, whichever occurs first.

Attachment 2—Reasons for decision to impose conditions
The reasons for this decision are:
Condition 1 – The assessment of the application, against the State Development Assessment Provisions (SDAP) is based on the plan (Plan of Proposed Reconfiguration of Lot 135 on MCH978, prepared by Max Watterson and Associates) and Rail and Traffic Noise Study provided which shows how the development will be carried out.
Condition 2 – Restricting vehicle access to the state-controlled road will ensure adverse impact for the safety and efficiency of the state-controlled road network is minimised.
Condition 3 - The safety and efficiency of the state-controlled road can be adversely affected by changes to stormwater runoff as a result of the proposed development.
Condition 4 – The proposed development is creating a noise sensitive use in proximity to a state-controlled road.

Findings on material questions of fact
The development will comply with PO1, PO3, and PO9 of the SDAP State Code 1.1 Managing noise and vibration impacts from transport corridors if done in accordance with the submitted Rail and Traffic Noise Study, which specifies the construction of the 2.2 to 2.5 metre noise barrier.
The development will comply with PO1 to PO3 of the SDAP State Code 18.3 Stormwater and drainage impacts on the state transport infrastructure, if a ‘no-worsening’ condition is applied.
The development will comply with PO9 of SDAP State Code 19.3 Transport infrastructure and network design, if carried out in accordance with the plan provided, and ensuring no access to the state-controlled road is allowed.

Evidence or other material on which the findings were based
development application, including the plan Plan of Proposed Reconfiguration of Lot 135 on MCH978, prepared by Max Watterson and Associates and Rail and Traffic Noise Study, prepared by Renzo Tonin Ron Rumble.
State Development Assessment Provisions published by the Department of State Development, Infrastructure and Planning
Sustainable Planning Act 2009
Sustainable Planning Regulation 2009
Transport Infrastructure Act 1994
Department of Transport and Main Roads/ Policy for Development on Land Affected By Environmental Emissions from Transport and Transport Infrastructure Version 2, 10 May 2013
Department of Transport and Main Roads Transport Noise Management: Code of Practice, Volume 1 – Road Traffic Noise
Department of Transport and Main Roads’ Road Drainage Manual
Queensland Urban Drainage Manual
Environmental Protection Act 1994
Environmental Protection (Water) Policy 2009.
Attachment 3—Further advice

Access to the state-controlled road
1.	Under section 62 of the Transport Infrastructure Act 1994 (TIA) written approval is required from the Department of Transport and Main Roads (TMR) for access, temporary or otherwise, between a state-controlled road and adjacent land. For further information about state-controlled access matters please contact TMR by phone 07 5451 7055 or email [email protected].	Under section 33 of the Transport Infrastructure Act 1994, written approval is required from the Department of Transport and Main Roads (TMR) to carry out works on a state- controlled road and this must be obtained before commencing the works. For further information about undertaking works within a state-controlled road please contact TMR by phone 07 5451 7055 or email [email protected]. The approval process may require the approval of engineering designs of the proposed works, certified by a Registered Professional Engineer of Queensland (RPEQ).

Attachment 4—Approved plans and specifications

	List of Submitters SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

B & L Mitchell	Lot 5 Blue Wren Place	COOROY  QLD  4563
K Sinkko	5/30 Raven St	WEST END  QLD  4101
C & V Cobb	154 Elm St	COOROY  QLD  4563
D & S Barwick	7 Blue Wren Place	COOROY  QLD  4563
K & C Jackat	21 Blue Wren Place	COOROY  QLD  4563
B Miller	19 Anembo Place	LAKE MACDONALD  QLD  4563
A& E Stevenson	134A Elm St	COOROY  QLD  4563
JR & F Saunders	2 Pearsons Rd	COOROY  QLD  4563
I Hodgkinson	6 Blue Wren Place	COOROY  QLD  4563
G & V Schmidt	91 Lake Macdonald Dr	COOROY  QLD  4563
K Hodgkinson	6 Blue Wren Place	COOROY  QLD  4563
J Lovelace	4 Blue Wren Place	COOROY  QLD  4563.
S Hobbs	19 Blue Wren Place	COOROY  QLD  4563
D Mancktlelow	19 BlueWren Place	COOROY  QLD  4563
D Boucher	15 Blue Wren Place	COOROY  QLD  4563
RA Boucher	156 Elm St COOROY	COOROY  QLD  4563
D Ellwood	61 George St	TEWANTIN QLD  4565
CA Wright	17 Blue Wren Place	COOROY  QLD  4563
A Guerin	47 Lake Macdonald Dr	COOROY  QLD  4563
B Arnall	47 Lake Macdonald Dr	COOROY  QLD  4563

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), 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.
(3) 	Also, a person who has made a request under section 383 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.

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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					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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