Changed Approval MCU140060.01

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                                                                                MCU14/0060.01
4     CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

PLANNING
When Conditions must be Complied With
1.    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
2.    Development undertaken in accordance with this approval must generally comply with
      the approved plans of development. The approved plans are listed below and as may be
      amended by the conditions herein.
       Plan No.         Rev.   Plan/Document Name                                Date
       13-3461AB        -      Plan of Proposed (Temporary) Short-Term, Self-    04/07/14
                               Contained RV Stop at Lot 2 on RP893989
                               prepared by Max Watterson + Associates
Nature and Extent of Approved Use
3.    No more than 20 Recreational Vehicles (RV’s)(caravans, motorhomes or the like) may
      stay at the site at any one time.
4.    Visitor stays shall not exceed 7 consecutive nights.
5.    Wastewater from communal ablutions, laundry, kitchen facilities, and the like, must be
      directed to holding tanks for disposal offsite. A plumbing approval must be obtained for
      the associated wastewater system.
6.    No on-site release of grey water is permitted.
Visitor Education
7.    Visitors must be advised of the following requirements:
      a.   No on-site release of grey water or other waste
      b.   Location of nearest dump point and potable water supply
      c.   All dogs must be on a leash when walked in the area and must be restrained at all
           times during the stopover period
      d.   Owners must pick up and collect their dogs’ faeces
      e.   Consideration be given for residents and road users when walking in the area
      f.   Noise must be minimised after 8.30pm
Street Identification
8.    The street address of the development must be clearly visible from the Holts Road
      frontage of the site by the provision of a street number.
9.    Access to the site must be clearly signed with a sign of up to 1m2.
Temporary Development Approval
10.   This temporary development approval expires on 18 December 2018. Upon receipt of a
      written request, Council may provide written consent to extend the approval on an
      annual basis having regard to the status of the adjacent mining lease, the degree of
      compliance with the approval conditions herein and any breach history.




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                                                                                   MCU14/0060.01
ENGINEERING
General
11.   The developer must meet any costs to repair damage to any Council or public asset
      during construction, where damage is a result of the development works. Damage to
      assets must be repaired immediately where it creates a hazard to the community. In
      circumstances where the damage does not create a hazard to the community, it must be
      repaired immediately on completion of the works associated with the development. A
      condition report including photographs of the frontage of the site should be completed
      and kept for future reference and made available to Council if required.

Driveway and Internal Roads
12.   Sealed crossovers must be provided for the two accesses to the site in compliance with
      the following:
      a.    IPWEAQ Standard Drawing SEQ R-056.
      b.    Designed and certified by a RPEQ
      c.    Have a minimum width of 4.0m at the property front boundary line.
13.   Internal roads must:
      a.    Have a minimum width of 3.0m and widened where necessary to provide passing
            opportunities for vehicles using the site.
      b.    Be all weather construction (sealed or compacted gravel) suitable for the
            anticipated traffic and load of vehicles using the site.
      c.    Be provided with adequate stormwater drainage that prevents undue erosion or
            surface deformation or settlement.
 Excavation and Filling
14.   All earthworks shall be undertaken in accordance with the provisions of AS 3798
      “Guidelines on Earthworks for Commercial and Residential Developments”.
 Stormwater Drainage
15.   Stormwater drainage works and water quality devices and measures must be provided
      and maintained in accordance with the approved engineering plans and in compliance
      with the Stormwater Quality Management Plan included in the Stormwater Drainage for
      No 154 Holts Rd Cooroy Report dated 26 September 2014, Ref No: 1432 IWMP.doc,
      prepared by Callaghan & Toth. Particular attention must be given to the construction
      and maintenance regime of the two proposed Sediment Basins. The drainage works
      and basins must be certified by an RPEQ on completion.
16.   Stormwater runoff from the development must be disposed of on-site without causing
      scour or damage to the subject site, the dam or any adjoining property.
Erosion and Sediment Control
17.   The developer must ensure non-essential, short or long term, exposure of soil is
      prevented by minimising the duration of soil exposure to adverse weather conditions and
      effectively turf or stabilise any exposed area without delay and prior to rainfall occurring.
18.   The developer must ensure sediment does not leave the site or enter onto adjoining
      properties or the dam on the site due to surface runoff on tyres of vehicles and/or
      machinery. The developer must implement appropriate approved erosion and sediment
      control measures throughout the site during all phases of construction and the ongoing
      operation of the site.



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                                                                                    MCU14/0060.01
19.   Prior to the completion of the development, all site surfaces must be effectively
      stabilised using methods which have achieved effective short-term stabilisation and
      which will continue to achieve effective stabilisation in the medium to long-term. For the
      purpose of this condition, an effectively stabilised surface is defined as one that does
      not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully
      erosion or lead to sedimentation, or lead to water contamination.
20.   The supervising engineer and applicant are responsible to ensure that the implemented,
      short and long term, erosion controls measures are effective and regularly maintained to
      cater for all weather conditions.
After Completion of Works
21.   Prior to the commencement of use and the engineering certification of the works by the
      supervising engineer (RPEQ), a combined inspection of the completed works by
      Council’s Inspector/s and the supervising engineer is required. Please contact Council
      on 5329 6244 to arrange the inspection.
Waste
22.   The developer must provide adequate waste storage and disposal facilities.
23.   Refuse bins must not be placed on the existing road formation of Holts Road. A suitably
      sized all-weather pad shall be constructed adjacent the driveway entrances to provide
      for waste bin collection.
1     REFERRAL AGENCIES

Not applicable.
2     ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
Engineering Certification
Council has undertaken an audit check of the submitted plans in relation to the proposed
works. A detailed check of the calculations and drawings has not been undertaken, as they
have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of the
engineering design. Council reserves the right to require further amendments and/or additions
at a later date should design errors become apparent.
General Environmental Advisory Note
The Environmental Protection Act 1994 states that a person must not carry out any activity
that causes, or is likely to cause, environmental harm unless the person takes all reasonable
and practicable measures to prevent or minimise the harm. Environmental harm includes
environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
construction and landscaping phases of this development are to adhere to their ‘general
environmental duty’ to minimise the risk of causing environmental harm.
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.

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 Act can also issue stop orders for an activity that is harming or is

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                                                                                    MCU14/0060.01
likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural
heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 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:
a.    the Disability Discrimination Act 1992 (Commonwealth);
b.    the Anti-Discrimination Act 1991 (Queensland); and
c.    the Disability (Access to Premises – Buildings) Standards.
3     PROPERTY NOTES

Not Applicable
4     PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable
5     FURTHER DEVELOPMENT PERMITS REQUIRED

Not applicable.
6     SELF ASSESSABLE CODES

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

Not Applicable
7     SUBMISSIONS

Four properly made submissions were received.
8     REASONS/GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

The Assessment Manager considers the decision conflicts with the planning scheme and the
following are sufficient grounds to justify the decision despite the conflict:
1     The development will help to address a significant need for low-cost accommodation for
      self-contained RV travellers in the Noosa area.
2     The development will provide economic and community benefit through increased
      visitation to the Noosa hinterland.
3     The development provides for the adaptive re-use of the existing nursery on the site.
4     The site’s location near the Bruce Highway is appropriate to cater for self-contained RV
      traveller’s needs.
5     The development will not have significant adverse impacts on residential amenity or
      water supply quality.
6     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.



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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. Taking this step will
defer your appeal period, which will commence again from the start the day after you receive a
“negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” -
Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the
Sustainable Planning Act 2009.)
7      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.
Yours faithfully




Kerri Coyle
Manager Planning & Environment

cc      Unitywater

Enc:    Appeal Rights

DECISION NOTICE HISTORY
Original Decision Notice - 18 December 2014
Changes to an Existing Approval - 21 July 2016, with
an amendment to conditions 4, 5 & 10. Amendment of
the Development Permit Approval issued by deleting the
term “self contained” Development Permit for Material
Change of Use of Premises - Undefined Use -
Temporary Short-Term RV Stop




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                                                                                          MCU14/0060.01



                                           Appeal Rights
                                           SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                           REGULATION 2009




The following is an extract from the Sustainable
Planning Act 2009 (Chapter 7)


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.




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