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Decision Notice - RAL21 0035 [As Published]
Officer: Nadine Gorton
Direct Telephone: 07 5329 6215
Our Reference: RAL21/0035
Your Reference: n/a
31 July 2023
Mr IW Rowe & Ms JR Rowe
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY QLD 4563
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 24 July 2023, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: RAL21/0035
Street address: 21 Jirrima Cresent, Cooroibah
Real property description: Lot 46 RP 136461
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Reconfiguring a Lot - Rural Residential (1 into 2 Lots)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
When Conditions Must Be Complied With
1. 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.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Approved Plans
2. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table 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
21-5581AA Plan of Proposed Reconfiguration Prepared 18.11.2021
by Max Watterson and Associates
Currency Period
3. This development approval lapses if the requirements of the conditions have not been
completed and an application for plan seal is not lodged with Council by 24th July 2027,
unless an application to extend the currency period is approved by Council.
4. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
Building Envelope
5. All future dwellings and associated ancillary buildings and structures on proposed Lot 2 must
be wholly located within the approved building envelope as shown on the Approved Plans.
A copy of the approved Plan of Development must be included in the contract of sale for Lot
2, together with a clause which requires future dwellings and associated ancillary buildings
and structures to be constructed in accordance with it.
The following property notation or similar will be added to Council’s rates records for
proposed Lot 2:
A house site has been specified for this property as part of the conditions of subdivision
approval. The approved site for the construction of a future dwelling and associated ancillary
buildings and structures is shown on the attached plan. (refer to Council Approval
RAL21/0035).
6. The applicant must prepare a metes and bounds building envelope plan indicating the
approved building envelope for Lot 2. The areas must be generally in accordance with the
approved plans. The plans must be submitted in both hardcopy and digital format (dwg) on
GDA 94 zone 56 coordinates. The applicant must submit the plans to Council for approval
prior to the endorsement of the Plan of Survey.
ENGINEERING
Site Access and Driveways
7. An access driveway must be provided extending from the formation in Jirrima Crescent to
the common boundary of proposed Lots 1 and 2. The works must be undertaken in
accordance with an Operational Works approval and must include in particular:
a. the works generally as shown on drawings numbered C30-C33 (Revision 2) prepared
by RECOR Consulting dated 15 May 2023
b. any sections of the existing gravel formation that will be affected by flooding up to the
1% AEP event must be sealed
c. all works must be constructed to achieve the flood immunity and trafficability as
described in section 3 of the submitted Stormwater Management Plan – reference
20220089 prepared by Recor Consulting dated May 2023
d. any necessary safety measures or warning signage in the proximity of the watercourse
crossing
e. underground service conduits for all utility services.
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8. The party benefitted by the existing easement (Emt A on SP315440) must provide written
approval of the improvements to the access driveway proposed by the applicant. A copy of
the approval must be provided to Council as part of the required operational works
application.
Stormwater Drainage
9. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.
Services
10. Reticulated electricity and telecommunication services must be provided to each lot in
accordance with the standards and requirements of the relevant service provider. Any
services within the easement for access and services must be provided underground.
11. 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.
12. Certification must be submitted to Council from all relevant service providers (Energex and
NBN) which certifies that the development has met the requirements of this Decision Notice
and all applicable legislation at the time of construction.
Easements
13. An easement for access and services must be registered against the title of proposed Lot 1
in favour of proposed Lot 2. The easement must be located generally in accordance with the
approved plan.
14. 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.
15. 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.
16. 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
17. All earthworks and associated batters must be undertaken in accordance with an Operational
Works approval, and contained entirely within the subject site unless written permission from
the respective landowner(s) is provided to Council.
Damage to Services and Assets
18. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. 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.
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ENVIRONMENTAL MANAGEMENT
Land Rehabilitation
19. A vegetation protection covenant must be registered against the title of the property over the
land area identified as riparian protection on the western side of the waterway as well as the
10 metre wide rehabilitation area on the eastern side of the waterway pursuant to Section
97A of the Land Title Act 1994. The covenant document and a survey plan must be submitted
to Council for endorsement prior to lodgement with the relevant titles authority for registration
of title. The covenant document must:
a. incorporate the requirements of this Decision Notice
b. include Noosa Council as Covenantee.
c. reference Queensland Land Title Registry Standard Terms Document No. 715597513
Works within Protected Land
20. The following works must be undertaken within the covenant area in accordance with the
conditions of this approval prior to the submission of the sealing of the survey plan:
a. Control of pest plants listed in Planning Scheme Policy 2 Landscaping and Councils
Biosecurity Plan 2020 pest plants listed in Schedule 1 part 3, Schedule 2 and non -
scheduled invasive species;
b. Removal of any structures, debris or materials foreign to a natural environment
c. Rehabilitation and restoration to achieve the equivalent floristic composition of the pre
clearing undisturbed regional ecosystem as per the rehabilitation areas .
d. The planting of canopy species with local provenance in Regional Ecosystem 12.3.14a,
including threatened Eucalyptus conglomerata. The trees must be planted at a ratio of
1 tree per every 10m².
The works must be undertaken in accordance with an Operational Works approval.
21. The land area 30 metres west of the defined waterway bank and 10 metres east of the
defined bank of the waterway must be rehabilitated and revegetated and removed of all weed
species listed in the following standards and legislation:
a. Control of pest plants as listed in Planning Scheme Policy 2 Landscaping and Council’s
Biosecurity Plan 2020 pest plants listed in Schedule 1 part 3, Schedule 2 and Non-
scheduled invasive species; and
b. The works must be undertaken in accordance with an Operational Works approval.
*(Refer to Advisory Note)
22. If a provision included in the covenant document is requisitioned or refused registration by
the relevant titles authority, a substitute provision must be included in the document which
as nearly as practicable addresses the objective sought by the requisitioned or refused
provision. The wording of the substitute provision must be agreed by Council.
Fencing to Protected Land
23. A permanent fence must be constructed along the entire length of the western and eastern
covenant boundaries. The fence must be constructed in accordance with an Operational
Works approval and must be to the following specifications:
a. Min 1.2 metres high
b. allow adequate clearance at ground level for local macropods
c. not include any use of barbed wire or similar materials
d. be constructed of fire proof materials
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e. include A5 signage with the wording “Vegetation Protection Area – No Domestic
animals” every 15m. The signage must be durable, weather resistant and be visually
complementary to the natural environment.
Bushfire Management – Reconfiguration Requirements
24. All reconfiguration works must be carried out in accordance with the Bushfire Hazard
Assessment & Management Plan listed within this Decision Notice, with the exception of the
following:
a. Appendix A must be updated to the final version which includes a 21 meter wide APZ
on the western side of the Lot 2 building envelope.
The report must be resubmitted to Council incorporating the above amendments prior to the
issue of any Development Permit for Operational Works. *
*(Refer Advisory Note)
25. Certification must be submitted to Council from a qualified person* which certifies that the
development has been constructed in accordance with the bushfire management conditions
of this Decision Notice.
*(Refer Advisory Note)
26. A clause must be included in the contract of sale for Lot 2 which requires future dwellings to
be constructed within the building envelopes shown on the Approved Plans listed within this
Decision Notice.
5. PLANS/ DOCUMENTS REQUIRING AMENDMENT
The following plans require amendment prior to becoming Approved Plans for the development.
Plan No. Rev. Plan/Document Name Date
- - Riparian Rehabilitation Plan, prepared by, -
Equilibrium Ecology
Amendment Incorporate the following:
• 30 metres of rehabilitation on the western side of the waterway
• 10 metres of rehabilitation on the eastern side of the waterway
• Vegetation protection covenant over the entire riparian protection area
on the western side of the waterway
• Vegetation protection covenant over the 10 metres of rehabilitation
on the eastern side of the waterway
Fauna friendly fencing along the western and eastern boundaries of the
vegetation protection covenant between the covenant and the Lots
Plan No. Rev. Plan/Document Name Date
1 Bushfire Hazard Assessment & Management Plan 3 December
prepared by, Equilibrium Ecology 2021
Amendment Appendix A must be updated to the final version which includes a 21-meter
wide APZ on the western side of the Lot 2 building envelope.
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6. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
20220089 - Stormwater Management Plan prepared by Recor May 2023
Consulting
C01 2 Cover sheet and locality Plan Prepared by Recor 15.05.2023
C30 2 Proposed Driveway crossover layout and details 15.05.2023
prepared by Recor
C30 2 Driveway long sections prepared by Recor 15.05.2023
C32 2 Driveway cross sections prepared by Recor 15.05.2023
C33 2 Stormwater Long sections prepared by Recor 15.05.2023
7. REFERRAL AGENCIES
Not applicable.
8. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Resubmission of Amended Documents Required
1. The conditions of this Decision Notice require resubmission of the referenced Bushfire
Assessment and Management Plan to Council with amendments. Please address the
amended document to Council’s Development Assessment Branch with the Reference No.
RAL21/0035, separate to any Operational Works application. To avoid delays and
assessment issues with the Operational Works application, it is recommended the document
be resubmitted prior to lodgement of any Operational Works application. Should the
amended document not be submitted, the applicant is advised that a Preliminary Approval
may be issued in lieu of a Development Permit.
Qualified Person
2. For the purpose of preparing a Rehabilitation Plan, a qualified person is considered to be a
landscape architect or ecologist with a minimum of 3 years current experience in the field of
landscape design.
3. For the purpose of preparing a Bushfire Management Plan, and for certifying compliance
with the bushfire requirements of this Decision Notice, a qualified person is considered to be
an ecologist with a minimum of 3 years current experience in the field of bushfire assessment
and management.
Building and Construction Industry (Portable Long Service Leave) Levy
4. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Co-ordination of Operational Works Assessment
5. 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.
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Preparation of a Preliminary Construction Management Plan
6. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD)
b. provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
Private Infrastructure
7. All private infrastructure for the development must be designed to meet the planning scheme
requirements unless otherwise agreed by the relevant authority.
Infrastructure Charges
8. 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
9. PROPERTY NOTES
The following property notes will be placed against the subject property in Council’s property record
system:
RAL21/0035 – Vegetation Protection Covenant
1. The following notation applies to approved lot 1:
A Vegetation Protection Covenant applies to this lot. No clearing of vegetation is to occur
within the covenanted area, except where in accordance with the terms of the covenant.
RAL21/0035 – Bushfire Management
2. The following notation applies to approved lot 2:
To ensure the safety of people and property on this property is maintained, all buildings and
structures must be sited and constructed in accordance with the bushfire management
conditions of Council Approval RAL21/0035 and associated Operational Work approvals
RAL21/0035 – BUILDING ENVELOPE
3. The following notation applies to approved lot 2:
A house site has been specified for this property as part of the conditions of subdivision
approval. The approved site for the construction of a future dwelling and associated ancillary
buildings and structures is shown on the attached plan. (refer to Council Approval
RAL21/0035).
10. VARIATION APPROVAL DETAILS
Not applicable.
11. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Road work, Stormwater, Drainage work,
Earthworks, Landscaping, Signage, Vegetation
Clearing.
12. SUBMISSIONS
Not applicable.
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13. 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.
14. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Nadine Gorton
Acting Coordinator Planning
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc. Unitywter
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (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 –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (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
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of 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
(2) The notice of appeal must be accompanied by the required fee.
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