Council archive · source document
Attachment A - Existing Approval · 132008.175.04
Noosa Council documents
Officer: Tara Norley
Direct Telephone: 07 53296486
Our Reference: 132008.175.03
Your Reference: 00457 L21 NG
6 August 2019
CBD Settlers Cove Pty Ltd
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567
[email protected]
Dear Sir
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 9 July 2019, requesting a minor change to an existing
development approval. Council on 5 August 2019, decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132008.175.03
Street address: 16 Serenity Cl Noosa Heads Qld 4567
Real property description: Lot 9 on SP195871
Planning Scheme: The Noosa Plan (8 June 2018)
2. DECISION DETAILS
The following type of approval was issued on 6 August 2009
• Development Permit for Material Change of Use of Premises – Multiple Dwelling (22 Units)
In relation to the request to make a minor change to the existing approval, Council on 5 August
2019, decided to approve the requested changes. The changes are detailed below.
A. Amend condition 22
B. Include an additional Advisory Note – 5 August 2019
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in Condition 22 of the Assessment
Manager Conditions.
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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4. ASSESSMENT MANAGER CONDITIONS
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are prepared by DBI Architecture and
are listed in the following table:
Plan No. Rev. Plan / Document Name Date
9.1 - Lower Ground Level - Site Plan -
9.2 - Ground Level - Site Plan -
9.3 - Level 2 - Site Plan -
9.4 - Level 3 - Site Plan -
9.5 - Level 4 - Site Plan -
9.6 - Survey & Building Heights Detail – Site Plan -
9.12 - Elevations -
9.12 - Elevations -
and as may be amended by the conditions herein.
General
2. All relevant conditions of Development Permit 23118 DA and the approved Management
Plans for the site shall be complied with prior to the commencement of the approved use.
3. 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.
4. The buildings shall be finished in natural, muted tones as generally indicated on the
architectural renderings - Drawings “9.12 Elevations”.
Building Height
5. The finished height of the building, including any rooftop plant or structures, shall not exceed
15 metres above natural and finished ground levels.
6. A verification survey of the building is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of work confirming compliance with the
maximum allowable building height as required by either the conditions of approval or the
Planning Scheme.
Energy & Water Efficiency
7. All hot water systems installed shall be either solar systems; electric heat pump systems; or
gas systems (LPG or natural).
8. All new kitchen, laundry and bathroom fittings shall comply with the AAA Water Conservation
Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and
Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), or
current equivalent standards as may apply, with toilets to comply with the AAAA Water
Conservation Rating System. All new tap ware and shower roses shall not exceed a
maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from
this requirement.
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Landscaping
9. The open space and setback areas are to be landscaped in accordance with Council’s Policy
on Landscaping Guidelines and a properly prepared Landscape Plan prepared by a suitably
qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior
to the premises being occupied and maintained at all times thereafter. The Landscaping Plan
shall include the following:
9.1. Koala and Glossy Black Cockatoo food trees in accordance with the associated
Environmental Protection Authority (EcoAccess) approval conditions for the site and
the approved Settler’s Cove Ecological Restoration Plan and Landscape Master Plan.
9.2. Locations of nesting boxes for Glossy Black Cockatoos shall be indicated on the
landscape plans and installed on existing trees to be retained.
9.3. Vegetation to adequately screen and provide filtered views of the development and
shade hardscaped areas.
Vegetation
10. Existing trees on the site and within road reserves are to be retained except where required
to be removed due to building operations, requirements of the Bushfire Management Plan &
the Ecological Restoration Plan or the conduct of the approved use.
11. During construction, the boundaries of areas of retained and protected vegetation shall be
fenced to prevent access into these areas thereby protecting the vegetation and habitat
values.
12. A fauna spotter shall be employed to oversee the removal of any native trees within the site.
Prior to felling or lopping all trees are to be checked for wildlife (eg. koalas, cockatoos,
possums). If wildlife species are present, the tree shall not be felled or lopped until the wildlife
has left the tree.
13. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:-
13.1. Re-use for building materials.
13.2. Processing through a woodchipper or shredder. The resulting mulch is to be
stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres high
with a minimum of 10 metres between edges of heaps.
13.3. Disposal for firewood.
13.4. Disposal for landscaping purposes.
13.5. Transport to alternative site for breaking down materials provided that all necessary
permits have been obtained to allow the alternate site to be used for this purpose.
13.6. The disposal method for clearing works is to be submitted in conjunction with an
application for a Development Permit for Operational Work. The Applicant is advised
that other methods may be considered provided full details of the method are
submitted.
The Applicant is advised that burning off is an unacceptable method of disposal.
Environmental Covenant Area
14. The registered environmental covenant area within the site (Covenant E) shall be:
14.1. Managed to protect and reinforce its environmental values, particularly its Koala
habitat and corridor values, Glossy Black Cockatoo habitat values, scenic amenity
values and water quality protection function.
14.2. Managed and maintained in accordance with the approved Environmental
Management Plan, Fauna Management Plan, Fire Management Plans and Ecological
Restoration Plan.
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14.3. Separated from adjacent development by a 1.2 m high fence. The fence shall be
‘fauna-friendly’ but shall deter unauthorized people from entering the area. Suitably
located lockable gates shall be provided to allow appropriate access by authorised
personnel.
14.4. Have signs placed on the fence to inform people that the ‘Private Open Space for
Conservation & Waterways Protection’ area is for conservation and waterways
protection purposes and access is prohibited.
14.5. Maintained by authorized people only permitted in this area as appointed by the owner
responsible its management and protection.
14.6. Protected from infrastructure, tracks, drainage, water control devices, etc. or other
development.
14.7. Protected so that native trees and vegetation are not removed, pruned, lopped,
damaged or otherwise adversely affected without written approval from Council.
14.8. The area shall be restored and managed in accordance with the Ecological
Restoration Plan and the Fauna Management Plan.
Fencing
15. Any fencing provided in conjunction with the development is to be setback at least 1 metre
from the road frontage with at least half of any fence setback 2 metres. Dense landscaping
is to be provided between the road frontage and any fencing.
Signage
16. Any advertising sign or device is to comply with Council's policies on advertising.
Community Management Statement Requirements
17. The Applicant and all future owners of the site shall comply with the Environmental
Management Plan (EMP) for Settlers Cove Development 23118 DA and compliance with the
EMP shall be referenced in any community management statement over the site.
18. The Fire Management Plan is to be implemented by the Developer and future owners of the
site and is to be referenced in any community management statement.
Development Permits
19. The developer must obtain all of the other Development Permits referred to in the Decision
Notice, prior to obtaining a Development Permit for Building Works.
Compliance Bond
20. Security in the form of a cash bond or trading bank guarantee for the sum of $50,000 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.
21. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
this approval to effect compliance with conditions.
Relevant Period
22. The Development Permit for a material change of use lapses if the use has not happened by
6 August 2023, unless an application to extend the currency is approved by Council
Vehicle Access
23. A vehicular access driveway to serve the development shall be constructed from the Serenity
Close frontage of the site with a maximum width of 6.0m within the road reserve.
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24. The driveway shall be designed and constructed to Council’s design standards and to grades
that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians
movements along the footpath without any step or level difference. Should any driveways
be constructed to grades that do not comply with AS/NZS 2890.1-2004, Council will require
that the driveway be removed and reconstructed to levels that do comply.
PLEASE NOTE: a step between the driveway and the footpath shall be avoided, as it is
preferred to have the footpath continue at a constant grade to minimise the potential for
pedestrians to trip or fall.
25. To ensure pedestrian safety between vehicles exiting the site and pedestrians on the
footpath, the driveway and any associated fencing or vegetation near the driveway shall
comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4. The
applicant shall demonstrate compliance by illustrating these sight lines on the plans
submitted for both Operational Works approval and Building Works approval.
26. All vehicles shall enter and leave the site in a forward direction.
Internal Driveways/Ramps
27. The internal driveway and access ramps of the development shall be designed and
constructed in accordance with AS/NZS 2890.1-2004.
Service Bay
28. One of the 2 visitor car parking spaces (excluding the disabled space), at ground level
towards the frontage of the development, shall be used as a shared service bay for small
delivery/maintenance vehicles. This space shall be clearly line-marked and sign posted for
use by Service Vehicles between the hours of 6am to 6pm. Outside of the specified hours
the space can be used as a standard visitor space.
29. The size of the “service bay space” must be sufficient to accommodate a Small Rigid Vehicle
with sufficient length to allow the rear doors of a delivery vehicle to be opened without
protruding into the circulating aisle as well as room for a delivery person to load and unload
the vehicle.
Car Parking
30. Carparking shall be provided within the site as shown on drawings titled 9.1 Lower Ground
Level and 9.2 Ground Level – Site Plan prepared by DBI Architecture as submitted as part
of the Request for Further information Response, except as modified herein.
31. The Lower Ground Level carparking area shall be revised as follows:
• Carspaces 1 and T1 must be deleted and that part of the Lower Ground Level revised
to provide motorcycle and/or bicycle parking whilst maintaining suitable access to the
adjacent storage areas.
• The tandem car park spaces within the Lower Ground Level (numbered T2-T13 and
T15-T17) must be line-marked and signed so that visitors can only park behind the car
parking space assigned to the resident that they are visiting. For example, if space
number T2 is assigned to Unit 2, then space number 2 must be assigned as a visitor
space for Unit 2.
• Six (6) of the single car park spaces within the Lower Ground Level must be line-
marked and signed specifically as resident spaces.
• The remaining single spaces in the Lower Ground Level must be line-marked and
signed specifically for “Visitor Parking Only”.
32. Unobstructed access shall be provided to the Lower Ground Level at all times. Should a
security gate or similar barrier be constructed to prevent unauthorised access to the Lower
Ground Level the property owner shall install an intercom system. The intercom system shall
be sufficient to permit entrance to the basement by visitors of all of the units.
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33. A small sign shall be installed within the site (in a clearly visible location for all vehicles to
see near the entry to the car parking area) to advise visitors that visitor car parking spaces
are provided within the basement car park and to use the intercom system (if applicable) to
contact the unit manager or the unit occupier they are visiting to enable entry to the basement
and to these spaces.
34. The Ground Level car parking area alignment shall be revised to be perpendicular to the
access driveway. The revised layout shall provide sufficient manoeuvring area within the
carspaces and access driveway to permit vehicles to access the spaces, manoeuvre and
leave the site in a forward gear in a total of 3 movements.
35. A minimum of 3 uncovered car park spaces and 41 covered car park spaces shall be
provided on site, including 2 clearly defined disabled car park spaces.
36. The car parking area shall be designed to comply with the provisions of AS/NZS 2890.1-
2004 for user class 1A with allowance for vehicles to enter and leave the site in a forward
gear and with a minimum head clearance (headroom) at any point of 2.3m.
37. The proposed turning area at the end of the aisle that serves proposed car park spaces 8 to
14 shall be line-marked with chevrons and have the words “No Parking” painted on the
pavement. A sign shall also be provided to indicate that the area is a “Turning Area Only”
and that “No Parking is Permitted”.
38. All car parking shall be kept, maintained and line-marked in a condition fit for use.
Frontage Works
39. Footpath improvements such as topsoiling, grassing, and tree planting are required to the
Serenity Close frontage of the site in accordance with Planning Scheme Policy PSP03
Landscaping Plants & Guidelines. Grass shall be couch, free of weeds.
40. All redundant vehicular crossings to the site shall be removed and replaced by kerb and
channel, footpath paving and landscaping such as trees and grasses in accordance with
Council’s Standard specifications prior to commencement of the use permitted by this permit.
Roof Water & Stormwater Drainage
41. A stormwater management plan shall be prepared by a RPEQ, specialising in stormwater
and water quality management incorporating the principles of the Environmental
Management Plan for the Settlers Cove Development (23118 DA), that demonstrates water
reuse strategies, infrastructure capacity and effective treatment methodology. The use of
rainwater harvesting tanks for irrigation purposes shall be incorporated in the overall design
plans. These plans shall be submitted to Council for approval prior to obtaining a
Development Permit for Operational Works.
42. Roof runoff from any new building should be directed to a rainwater storage system or tank
(minimum 23,000 litres) that is installed to ensure water from the rainwater storage system
or tank is used for external uses (such as watering gardens, irrigation, ornamental ponds,
water features, topping-up swimming pools, outdoor cleaning, etc) and for internal (ground
floor) use in washing machine cold taps and toilet cisterns. All rainwater tanks are to be
designed and installed in accordance with the approved Stormwater and Water Quality
Management Plan and the Queensland Development Code (QDC) current at the time of
building approval, and shall be part of the plumbing application for approval. The location
and capacity of the tanks shall be clearly shown on the plans submitted for Building
Works/Operational Works approval and any overflow shall be directed to the stormwater
drainage system.
43. All stormwater drainage shall be collected on site and discharged so there is no net increase
in stormwater runoff from the site.
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44. To ensure that polluted run-off does not enter the water table, the adjoining waterways or
Council’s stormwater drainage system, stormwater run-off from the car parking areas and
the driveways shall have the first flush (the first 12mm of rainfall or hose-down) collected in
a grease/oil arrestor/gross pollutant trap provided on site prior to being permitted to discharge
into the larger drainage system.
All other clean stormwater, such as roof water, can be collected on site and discharged
through a single underground drain line directly into the existing drainage system, bypassing
the grease/oil arrestor/gross pollutant trap.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil
arrestors/gross pollutant trap, which shall be submitted to the Council for approval prior to
obtaining a Development Permit for Operational Works.
The approved maintenance plan shall be incorporated in the Community Management
Scheme for the development and a copy of this shall be provided for Council’s records prior
to commencement of the approved Use.
A Development Permit for Building Works shall not be granted until a Development Permit
for Operational Works has been issued in regard to the drainage scheme.
45. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
46. The applicant must provide reticulated sewerage services to the proposed development in
accordance with The Noosa Plan.
47. A registered easement shall be created over the zone of influence of all sewers not currently
within an easement within the subject site. The easements shall generally be parallel to and
centred over the sewer main and be equivalent in width to twice the depth to invert level of
the sewer at the deepest point within the allotment (measured from the finished surface) and
be no less than 3.0 metres wide overall. A licensed surveyor shall accurately locate all sewer
mains and determine the necessary width of the easement which shall be shown on any
plans submitted for Operational Works or Building Works approval. The surveyor shall certify
that the sewer and the zone of influence is wholly contained within the easement to be
created.
48. Buildings and structures shall maintain a minimum of 1.5 metres clearance from Council
sewerage infrastructure within the development site and shall be located clear of any existing
or proposed easement.
49. Proposed landscape planting within existing or proposed sewer easements shall be low
growing when mature and be suitable approved varieties in accordance with Council
guidelines for such plantings. Proposed tree plantings must be located a minimum of 1.5
metres from the Council rising main located in the adjacent lot.
50. A clear area of 1.0 metre must be maintained around the sewer inspection opening.
Town Water Supply
51. The applicant must provide reticulated water supply services to the proposed development
in accordance with The Noosa Plan.
52. The applicant must supply the development site with reticulated water via a single Council
installed primary water meter located outside the property boundary and in an easily
accessible location. For a community title or sub-lease scheme additional water meters must
be installed for each separate title. These meters must be supplied and installed in
accordance with Council’s requirements.
53. The applicant shall provide a fire service (fully testable single detector check with metered
bypass), where applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire
hose reels).
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54. Any construction works to be undertaken in the vicinity of Council’s existing water supply or
sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs
associated with repair, replacement or alteration of existing infrastructure must be met by the
applicant.
Service Easements (Sewer / Stormwater)
55. No building or other structure shall be constructed or encroach over an easement.
Construction Issues
56. A Traffic Management Plan for the each construction phase of the development shall be
submitted to and approved by Council at least 5 working days prior to the commencement of
any Building works or at least 5 working days prior to the pre-start meeting for Operational
Works. The Traffic Management Plan shall include but not be limited to:
• Limiting the routes for the heavy vehicles to the major road network and prohibit the
use of the local roads as access to the site;
• Indicate provision for on-site and off-site parking for the required workforce;
• Indicate the location of loading and unloading areas,
• Indicate the location of any “holding” areas for heavy vehicles and
• Operating hours.
57. Construction staff shall not park on Serenity Close or elsewhere on-street. Parking shall
either be on site, an adjacent vacant site or at a suitable off-site location serviced via a shuttle
bus.
58. A Condition Survey must be carried out on existing structures and services prior to any
excavation or construction works taking place on site. If distress already exists, a
photographic survey should be undertaken, the distress measured and a plan to monitor
changes to distress shall be implemented.
Earthworks
59. Earthworks carried out on site shall not affect the structural integrity of any of the existing
fences and/or structures and/or lands and/or services within the development site or that
border the development site. Fences that are affected shall be replaced prior to the Building
Certifier issuing the Certificate of Classification. In this regard any fences to be replaced
shall be clearly shown on the plans submitted for Operational Works approval.
60. Plans and details outlining the extent of earthworks required on site and any trees to be
retained shall be submitted to Council for approval prior to obtaining a Development Permit
for Operational Works.
61. All major excavations (including the basement and driveways) shall be shored to prevent
batters extending into areas and vegetation that are to be retained. All trees to be retained
should be adequately tagged to Council’s satisfaction and enclosed with a barrier fence to
the drip line to prevent damage.
62. A geotechnical engineer or similar qualified expert shall assess the soil condition on site,
determine the soil classification, establish whether any measures are required to protect the
stability of adjoining buildings and/or structures and/or land and/or services, and make
recommendations on the type of foundation system(s) best suited for the proposed
development. The recommendations of this report shall be incorporated into the design and
construction of the proposed development.
63. A geotechnical engineer or similar qualified expert shall supervise and certify the earthworks
required on site and measures to ensure stability of adjoining buildings and/or structures
and/or land and/or services.
64. Earthworks shall not cause the ponding of water on any adjoining lands or the blockage of,
or interference with, any natural watercourses or overland flow path.
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Erosion and Sediment Control
65. Any person acting on this permit shall prevent erosion and sediment export from leaving the
site. Site control measures such as silt fencing, controlled gravel access to the site and
controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment prepared in
accordance with the “Manual for Erosion and Sediment Control” Version 1.2 prepared by the
Sunshine Coast Regional Council are required to be submitted to the Council prior to
obtaining a Development Permit for Operational Works.
General (Engineering)
66. A suitably qualified registered professional engineer shall prepare engineering drawings and
specifications for all engineering works that will become Council infrastructure, which shall
be submitted in conjunction with an application for a Development Permit for Operational
Works. In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre
layout is to be submitted in conjunction with any application for Operational Works.
67. Digital detailed designs, including drawings, calculations, specifications and a schedule of
works, shall be submitted with any application for a Development Permit for Operational
Works in respect of roadworks and stormwater drainage works. The design shall be in
accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards
– Roads, Drainage and Earthworks. To avoid conflict with underground pipes or services,
all existing and proposed services required by the development shall be shown on the plans.
To facilitate production of As Constructed drawings it is suggested that all design drawings
are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on
the use of ADAC are available at www.adac.com.au).
68. A construction management plan/strategy to ensure no damage occurs to Council services
shall be prepared by a suitably qualified registered professional engineer and submitted to
Council in conjunction with any application for Operational Works.
69. Any damage caused to any public utility during the course of construction shall be repaired
to Council’s standards and at no cost to Council.
70. Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site shall be at no cost to Council.
71. The transportation of all materials to and from the site shall be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying materials either to
or from the site shall be covered to prevent materials including dust being windblown from
the vehicle.
72. As Constructed drawings and data shall be certified by a qualified experienced civil engineer
for design intent, and a licensed surveyor shall certify the cadastre and the location, level
and type of all services and structures, all of which shall be submitted to Council for checking
and for Council’s records.
The data must fully detail levels for all engineering works including but not limited to drainage
structures, finished ground levels and pavement surface levels. The data shall be submitted
in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of
ADAC are available at www.adac.com.au).
Approval of works shall not be granted until all As Constructed information has been supplied
and accepted by Council.
Refuse
73. General refuse and recycling collection and storage system to include:
73.1. Use of 1.1 cubic metre low noise bulk bins.
73.2. A bin wash facility within each of the three basement waste storage areas.
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73.3. Refuse chutes must be provided in accordance with Council’s Policy for “Refuse
Chutes and Accessories in Multi Storey Buildings”.
74. General refuse and recycling disposal system to include:
74.1. Deletion of the proposed landscaping from the north western corner of the lot to allow
for an external bulk bin storage area. The Landscaping plan submitted for approval
shall show this change.
74.2. A paved flat and level area adjoining the front boundary and the western side of the
driveway. This area is to extend along the driveway for 5 metres length with a 1.5
metre depth.
74.3. The adjoining 5 metre length of driveway to be level without any step up or down
between the driveway and the storage area.
74.4. The driveway not having any step at the roadway gutter.
74.5. The development permit for operational works to show compliance with these
requirements for the storage area and driveway, and be submitted to Council’s
Healthy Places Unit for approval prior to issue of the permit.
74.6. The storage area being suitably screened from public places and neighbouring
properties.
74.7. The storage area only being used for bin storage the day prior to collection and on
the collection day.
75. A Construction Waste Management Plan shall be submitted and approved by Council’s
Waste Management Section prior to issue of a development permit for operational works.
Waste Management Plans are required to be in accordance with Planning Scheme Policy
11, Waste Management Plans see table below. Waste storage areas are to provide for
adequate separation of all reusable, recyclable and waste materials. These shall be located
so that they are convenient and safe to use (refer to Noosa Council Waste Management
Code).
The Plan shall contain the following information:
• The site area for the storage and separation of waste is to be shown on the plan
drawings accompanying the application.
• A waste management table as indicated below is to be completed showing how waste
material is to be segregated - recycled – reused or disposed.
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MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify
materials volume *specify *specify contractor and
(m³) proposed re-use contractor and landfill site or
or on-site recycling outlet other disposal
recycling site
methods
Excavation
material
Green waste
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals - please
specify
Asbestos
Other - please
specify
Note * If a demolition contractor is undertaking works, then the Waste Management table is
to be completed by the demolition contractor.
The purpose of the Waste Management Plan is to facilitate the segregation of waste
for the effective reuse and recycling of such materials. Additionally Council rewards
those who segregate waste by significantly reducing disposal fees at the landfill some
items are free. Higher gate fees are charged for loads of mixed waste.
Noise
76. Noise emission from mechanical equipment shall comply with the following requirements:
76.1. Air-conditioning and Refrigeration
• 7am to 10pm: Maximum background + 5dB(A)
• 10pm to 7am: Maximum background + 3dB(A)
76.2. Pumps
• 7am to 7pm: Maximum background + 5dB(A)
• 7pm to 10pm: Maximum background + 3dB(A)
• 10pm to 7am: No audible noise.
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77. Written certification from a suitably qualified person shall be submitted confirming that the
noise levels from all mechanical equipment comply when measured at either the residential
boundary or outside the most exposed part of an affected building, whichever is the closest
to the equipment.
The assessment and certification is required immediately after installation of the equipment
and prior to any occupation of the building, and in a format approved by Council. All
equipment should be operating at the same time to test the overall noise level created.
NOTE: It is highly recommended that the person you engage to certify the installation is
involved at the plan development stage so they can recommend where this equipment is
best located. They can also advise about noise enclosures and can make other suggestions
to avoid noise problems. It is a lot more costly to try to deal with noise problems after
everything is built.
78. Noise from building works associated with residential development shall comply with the
following –
78.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
78.2. All reasonable measures are taken to minimise noise emissions.
78.3. Not permitted on Sunday or public holidays.
5. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Vegetation Concurrence Department of Natural PO Box 573
Management Resources & Water
NAMBOUR QLD 4560
Koala habitat area Concurrence Department of Koala Conservation
Environment & Unit LeveL 8, 160 Ann
Resource Management Street CITY EAST
QLD 4002
A copy of any referral agency conditions is attached.
6. ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. The applicant is advised that development contributions and infrastructure charges
applicable to this development approval have been based on the following Uses Class/ Uses
and applicable quantities:-
Existing Development Approved Development
Existing Use Approved Use Approved
Existing Quantity
Class / Use Class / Use Quantity
16 x 3 Bedroom
Multiple Housing - Units &
Detached House 1 Dwelling Type 4 –
Conventional 6 x 2 Bedroom
Units
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2. The applicant is informed that approval of this development application will trigger an
Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
Charges Plan for the estimated amount of $38,299 and is subject to variations in the
Consumer Price Index, All Groups Brisbane from March 2009 until the date of payment. An
Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated
Planning Act 1997.
3. The applicant is informed that payment via credit card transaction will not be an acceptable
method of payment for development contributions conditioned in this permit or for
infrastructure charge notices issued separately.
4. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud,
paint, cement, concrete, builder’s waste or rubbish should not be permitted to enter or be
placed where it could reasonably be expected to move into a roadside gutter, storm water
drain or a watercourse. On the spot fines apply for such offences.
5. The plans for the proposed building work have not been assessed for compliance with the
requirements of the Building Code of Australia as they relate to people with disabilities. Your
attention is drawn to the matter that either or both the Disability Discrimination Act 1992
(Commonwealth) and the Anti-Discrimination Act 1991(Queensland) may impact on the
proposed building work.
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 Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
Additional Advisory Note – 10 September 2015
Infrastructure Charges
This Development Permit for a “Change to Existing Approval for an Extension to Relevant
Period” will trigger an “Infrastructure Charge Notice” to be issued in accordance with
Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in
conjunction with the State Planning Regulatory Provision (adopted charges).
This Infrastructure Charge relates to:
• Only to the Public Transport network previously missing from the earlier approvals; and
• Is additional to the Infrastructure Agreement dated 19/12/2013 that also remains
applicable to the original development approval and extension to relevant period.
Additional Advisory Note – 5 August 2019
Infrastructure Charges
This Change to an Existing Approval will trigger an “Infrastructure Charges Notice” to be
issued in accordance with Council’s “Charges Resolution” made pursuant to the planning
legislation and regulations current at the time of issue.
This Infrastructure Charge relates only to the “Public Parks & Land for Community Facilities”
network previously missing from the earlier approvals.
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7. PROPERTY NOTES
Not Applicable
8. VARIATION APPROVAL DETAILS
Not Applicable
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Development Permit for Operational Works Landscaping, access and car parking, site civil works,
stormwater drainage, excavation of materials to fill
another site and erosion & sediment control.
Development Permit for Building Works Building Works
10. SUBMISSIONS
There were no properly made submissions about the application.
11. 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.
12. 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
Tara Norley
Development Planner
Enc: Referral Agency Response
Appeal Rights
Infrastructure Charge Notice
cc. [email protected]
DECISION NOTICE HISTORY
• Original Decision Notice – 6 August 2009.
• Decision Notice - Minor 132008.175.02 – 10 September 2015 -
with an amendment to conditions 22 and additional Advisory Note
• 132008.175.03- 5 August 2019 – with an amendment to condition
22 and additional Advisory Note
• Decision Notice – Extension to Currency Period – 132008.175.01
– 6 January 2014, with an amendment to conditions 22
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Referral Agency Conditions
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
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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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PO Box 141, Tewantin, QLD 4565
Phone (07) 5329 6500 Fax (07) 5329 6501
Email: [email protected] Website: www.noosa.qld.gov.au
ABN 97 969 214 121
INFRASTRUCTURE CHARGES NOTICE
To: CBD Settlers Cove Pty Ltd Infrastructure Charges Notice No: N1469
C/- Martoo Consulting Pty Ltd Revision: 0
PO Box 1684
NOOSA HEADS QLD 4567 Date of Issue: 7/08/2019
Notice is hereby given that this infrastructure charge notice is levied by the Noosa Shire Council on the
described land in accordance with the planning legislation applicable at the time of issue.
DEVELOPMENT AND LAND TO WHICH THE INFRASTRUCTURE CHARGE APPLIES:
Development Approval Reference: 132008.175.03
Land / Property Address: 16 Serenity Close NOOSA HEADS QLD 4567
Real Property Description: Lot 9 SP 195871
INFRASTRUCTURE CHARGE LEVIED BY COUNCIL ISSUED UNDER:
x Noosa Shire Council Charges Resolution (No.3) 2018 (effective 24 September 2018)
*NET INFRASTRUCTURE CHARGE PAYABLE = $169,750.00
Planning Regulation at
*Current at: 2019-2020 Financial Year
*SUBJECT TO AUTOMATIC INCREASE PROVISION:
The net infrastructure charge amount payable is subject to automatic indexation to the time of making
payment. Indexation is applied annually per Financial Year using variations applicable to the “maximum
amount” possible to be issued under the Planning Regulation 2017 as amended in accordance with the
legislation from the stipulated base date to the time of issue and payment.
x The Council Infrastructure Charges calculation details are provided on page 3 of this notice.
NOTE:
x Separate Infrastructure Charges may be issued by Unitywater as applicable.
DATE FOR PAYMENT OF THE INFRASTRUCTURE CHARGE
The Infrastructure Charge is to be paid to NOOSA COUNCIL as follows:
DEVELOPMENT PERMIT TYPE DUE DATE FOR PAYMENT
When the change happens
Material Change of Use
(i.e. on completion of development &/or commencement of use)
*CONTACT COUNCIL 5 days PRIOR TO MAKING PAYMENT FOR THE CURRENT AMOUNT DUE.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 1
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REFUND PROVISION:
Where the value of a “Trunk” Infrastructure Offset exceeds the Net Infrastructure Charge Payable, a refund
will be provided in accordance with Clause 12.4 of Council’s Resolution.
TERMS OF REFUND REFUND AMOUNT
Not Applicable $0.00
INFRASTRUCTURE CHARGES TAKEN TO BE A RATE:
A levied charge is, for the purpose of its recovery, taken to be rates of the local government that levied
the charge. Within the meaning of the Local Government Act, this means:
a. an infrastructure charge may be recovered by court action for a debt;
b. an infrastructure charge may be recovered from the person for the time being owning the
relevant land, regardless of who was the owner or other person upon whom the charges was
imposed;
c. Interest is payable on overdue payments; and
d. If charges are unpaid for 3 years, the land can be sold to recover the outstanding charges.
INTEREST ON OVERDUE CHARGES:
Compound interest calculated daily at the rate stated in “Council’s Revenue Statement” is payable on
all overdue infrastructure charges outstanding after the due date for payment stated in the charges notice.
GOODS AND SERVICES TAX:
The federal government has determined that rates and utility charges levied by local government will
be GST free. Accordingly, no GST is included in this infrastructure charges notice.
INFRASTRUCTURE CHARGES ENQUIRIES:
x Phone (07) 5329 6211 or 5329 6449 during office hours; or
Enquiries regarding this infrastructure charges notice should be directed to Council’s office:
x E-mail: [email protected]
METHODS OF PAYMENT:
Cheque or money order to be made payable to: Noosa Council
Mail
PO Box 141, Tewantin, QLD 4565
Noosa Council, 9 Pelican Street, Tewantin
In Person
Office hours: 8.30 am to 4.30 pm Monday to Friday (excludes public holidays)
Mastercard or Visa only
Credit Card Note: All payments made by credit card will incur a 0.5% surcharge to reflect the
cost of fees charged for credit card transactions.
Payment by electronic transfer direct to Council’s Bank Account is only
Direct Bank Transfer available by special arrangement. Contact Infrastructure Enquiries at:
[email protected]
SPECIAL NOTES:
This Infrastructure Charge:
1. relates only to the Public Parks & Land for Community Facilities network missing from the previous issued
approvals; and
2. is additional to previously issued charges that continue to apply to the development:
o Infrastructure Charges Notice IC873 re: Coastal Major Road Network Infrastructure Charges Plan
(which has already been paid on 26/08/2009 & 10/09/09 Receipts: 554912 & 559859);
o Infrastructure Charges Notice N1089 re: missing Public Transport network;
o Infrastructure Agreement (IA23) dated 19 December 2013 re: missing Stormwater network.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 2
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INFRASTRUCTURE CHARGE CALCULATION DETAILS:
The infrastructure charge is calculated in accordance with Council’s Infrastructure Charges Resolution incorporating the charge apportionment (break-up) agreement with Unitywater in
compliance with the planning legislation and regulations applying at the time of issuing the notice.
NOOSA SHIRE COUNCIL CHARGES RESOLUTION (No.3) 2018 (Effective 24 September 2018)
1/07/2018
Calculation at
IC Resolution
INFRASTRUCTURE CHARGE CALCULATION 132008.175.03 (extn) Planning Regulation
Base Date =
2018-2019
Financial Year
Colum n 6
Colum n 1
COUNCIL Council Charge Calculation
Use under The Noosa Plan
CHARGE
Colum n 2 Colum n 3
Per Table 10.1 EXISTING NET
Developm ent class Unit of m easure APPROVED CHARGE AMOUNT
(Charges breakup) of Adopted
Defined use (QTY) CHARGEABLE
Charge in Column 6 (QTY) $
($ per unit of measure) (Credit) (QTY)
Detached house (& Residential Lot Reconfiguration) Residential 3 or more bedroom dw elling (Lot) $17,215.35 1.0 -1.0 -$17,215.35
• Community Residence
3 or more bedroom dw elling $17,215.35 16 16 $275,445.60
• Ancillary dw elling unit
&
Multiple housing Residential 2 bedroom dw elling $12,296.67 6 6 $73,780.02
• Type 2 Duplex
• Type 4 Conventional
1 bedroom dw elling $8,371.00 0 $0.00
• Type 5 Relocatable
Sub-Total, Residential = $332,010.27
Calculation at AMOUNT ISSUED
Planning Regulation at Planning Regulation
2018-2019 2019-2020
Financial Year Financial Year
CALCULATED INFRASTRUCTURE CHARGE = $332,010.00 $339,500.00
Transport component issued per IC873 & ICN.N1089 &
Other Stormw ater component issued per Infrastructure Agreement IA23
$166,005.00 $169,750.00
Council Policy “Infrastructure Charges Rebates For Community
REDUCTIONS Rebate $0.00 $0.00
Organisations”
Trunk Infrastructure Offset $0.00 $0.00
*NET INFRASTRUCTURE CHARGE PAYABLE = $166,005.00 $169,750.00
ALLOCATION OF LEVIED CHARGE TO TRUNK INFRASTRUCTURE NETWORKS
The infrastructure charge payable will be allocated to Council “Trunk ” infrastructure network s in accordance with Council’s Resolution as follows:
Column 4
Allocation of Council infrastructure charge to trunk Calculated Reductions
Council “Trunk” Infrastructure Network Infrastructure Charge
infrastructure networks * Total Reductions
(Table 10.2) (At Planning Regulation
2018-2019)
Residential Development Non-Residential Development Other Rebate Offset
Transport (Charge Type: icA3trans) 40% 85% $132,804.00 $132,804.00 $0.00 $0.00 -$132,804.00
Public Parks & Land for Community Facilities
50% 15% $166,005.00 $0.00 $0.00 $0.00 $0.00
(Charge Type: icA3parkCF )
Stormwater (Charge Type: icA3storm ) 10% 100% $33,201.00 $33,201.00 $0.00 $0.00 -$33,201.00
* Subject to Automatic Increase Provision until date of payment. *TOTALS = $332,010.00 $166,005.00 $0.00 $0.00 -$166,005.00
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 3
Document Set ID: 20946196
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PO Box 141, Tewantin, QLD 4565
Phone (07) 5329 6500 Fax (07) 5329 6501
Email: [email protected] Website: www.noosa.qld.gov.au
ABN 97 969 214 121
DECISION NOTICE ABOUT THE DECISION TO GIVE
AN INFRASTRUCTURE CHARGES NOTICE
1. PRELIMINARY
Infrastructure charges are triggered and issued on development approvals as a contribution towards the cost
of "trunk" infrastructure provided to service development and are governed by “Charges Resolutions” adopted
by local government in accordance with the planning legislation and regulations current at the time of issue.
Infrastructure Charges Notices are issued separately by both Council and Unitywater relating to their
specified “Trunk” infrastructure networks.
2. THE DECISION AND REASONS FOR IT
The planning legislation provides for the following:
a) authorises local governments to do either or both of the following for development approvals in relation
to trunk infrastructure—
(i) adopt, by resolution, charges for development infrastructure and levy the charges;
(ii) impose particular conditions about development infrastructure; and
b) authorises local governments, for non-trunk infrastructure, to impose particular conditions about
development infrastructure; and
c) provides for a regulation to govern local government adopted charges and charges by distributor-
retailers under the SEQ Water Act for trunk infrastructure.
On 6 February 2014, Noosa Council adopted the "Noosa Shire Council Adopted Infrastructure Charges
Resolution (No.1) 2014" to replace the "Sunshine Coast Regional Council Adopted Infrastructure Charges
Resolution (No.4) 2011" that translated across to Noosa Council on 1 January 2014. The resolution has effect
on development approvals and charge notices issued from 6th February 2014 to 15 February 2015 in
accordance with the legislation current at the time of issue.
On 12 February 2015, Noosa Council adopted the "Noosa Shire Council Charges Resolution (No.2) 2014" to
replace the "Noosa Shire Council Adopted Infrastructure Charges Resolution (No.1) 2014" to include legislative
amendments that commenced on 4 June 2014. The resolution has effect on development approvals and charge
notices issued from 16th February 2015 to 27 October 2016 in accordance with the legislation current at
the time of issue.
On 20 October 2016, Noosa Council adopted the "Noosa Shire Council Charges Resolution (No.2) 2014
(Amendment 1)" to reflect adopted amendments made to the planning scheme. The resolution has effect on
development approvals and charge notices issued from 28th October 2016 to 23rd September 2018 in
accordance with the planning legislation current at the time of issue.
On 20 September 2018, Noosa Council adopted the "Noosa Shire Council Charges Resolution (No.3) 2018"
replacing the "Noosa Shire Council Charges Resolution (No.2) 2014 (Amendment 1)" to reflect the current
planning legislation, regulation and LGIP. The resolution has effect on development approvals and charge
notices issued from 24th September 2018 in accordance with the planning legislation current at the time of
issue.
&RXQFLO·VGHFLVLRQDQGUHDVRQVIRULVVXLQJWKHLQIUDVWUXFWXUHFKDUJHLVEHFDXVHWKHGHYHORSPHQWUHVXOWVLQDQ
LQFUHDVH LQ WKH W\SHV DQGRU TXDQWLW\ LQ XVHV RQ WKH VLWH DQG WKHUHIRUH SODFHV DGGLWLRQDO GHPDQG on
infrastructure. The determination of additional demand on infrastructure correlates directly to the
LQIUDVWUXFWXUHFKDUJHFDOFXODWLRQXQGHUWDNHQLQDFFRUGDQFHZLWK&RXQFLO·V&KDUJHV5HVROXWLRQDQGWKHSODQQLQJ
legislation. Refer also to Queensland State Government Fact Sheet: “Local government infrastructure
framework, Calculating additional demand and existing use credits”.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 4
Document Set ID: 20946196
Version: 1, Version Date: 07/08/2019 Print Date: 8 August 2019, 8:59 AM
[OCR of page images]
Noosa Council documents
PO Box 141, Tewantin, QLD 4565
x yy Phone (07) 5329 6500 Fax (07) 5329 6501
NOOSA CO | INCIL Email: [email protected] Website: www.noosa.qld.gov.au
mm HM ABN 97 969 214 121
DECISION NOTICE ABOUT THE DECISION TO GIVE
AN INFRASTRUCTURE CHARGES NOTICE
1. PRELIMINARY
Infrastructure charges are triggered and issued on development approvals as a contribution towards the cost
of "trunk" infrastructure provided to service development and are governed by “Charges Resolutions" adopted
by local government in accordance with the planning legislation and regulations current at the time of issue.
Infrastructure Charges Notices are issued separately by both Council and Unitywater relating to their
specified “Trunk” infrastructure networks.
2. THE DECISION AND REASONS FOR IT
The planning legislation provides for the following:
a) authorises local governments to do either or both of the following for development approvals in relation
to trunk infrastructure—
(i) adopt, by resolution, charges for development infrastructure and levy the charges;
(ii) impose particular conditions about development infrastructure; and
b) authorises local governments, for non-trunk infrastructure, to impose particular conditions about
development infrastructure; and
c) provides for a regulation to govern local government adopted charges and charges by distributor-
retailers under the SEQ Water Act for trunk infrastructure.
On 6 February 2014, Noosa Council adopted the "Noosa Shire Council Adopted Infrastructure Charges
Resolution (No.1) 2014" to replace the "Sunshine Coast Regional Council Adopted Infrastructure Charges
Resolution (No.4) 2011" that translated across to Noosa Council on 1 January 2014. The resolution has effect
on development approvals and charge notices issued from 6th February 2014 to 15 February 2015 in
accordance with the legislation current at the time of issue.
On 12 February 2015, Noosa Council adopted the "Noosa Shire Council Charges Resolution (No.2) 2014" to
replace the "Noosa Shire Council Adopted Infrastructure Charges Resolution (No.1) 2014" to include legislative
amendments that commenced on 4 June 2014. The resolution has effect on development approvals and charge
notices issued from 16th February 2015 to 27 October 2016 in accordance with the legislation current at
the time of issue.
On 20 October 2016, Noosa Council adopted the "Noosa Shire Council Charges Resolution (No.2) 2014
(Amendment 1)" to reflect adopted amendments made to the planning scheme. The resolution has effect on
development approvals and charge notices issued from 28th October 2016 to 23 September 2018 in
accordance with the planning legislation current at the time of issue.
On 20 September 2018, Noosa Council adopted the "Noosa Shire Council Charges Resolution (No.3) 2018"
replacing the "Noosa Shire Council Charges Resolution (No.2) 2014 (Amendment 1)" to reflect the current
planning legislation, regulation and LGIP. The resolution has effect on development approvals and charge
notices issued from 24th September 2018 in accordance with the planning legislation current at the time of
issue.
Council's decision and reason/s for issuing the infrastructure charge is because the development results in an
increase in the type/s and/or quantity in use/s on the site and therefore places additional demand on
infrastructure. The determination of additional demand on infrastructure correlates directly to the
infrastructure charge calculation undertaken in accordance with Council's Charges Resolution and the planning
legislation. Refer also to Queensland State Government Fact Sheet: “Local government infrastructure
framework, Calculating additional demand and existing use credits”.
Fi Q > Y PO Box 141 P. (07) 5329 6500 [email protected]
SA ¢ I J¢
NOOS a O JN I TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.ald.gov.au ICN - Page 4
Document SetID: 20946196
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Page 29
Noosa Council documents
The Infrastructure Charges Notice includes “Special Notes” (if applicable) on page 2 and together with the
infrastructure charge calculation on page 3, provides full and factual details to enable the applicant to review
DQGLIUHTXLUHGIRUPDNLQJa submission to Council on the infrastructure charge issued in relation to any of
the following:
1. the types anGTXDQWLWLHVRIXVHVDSSURYHGE\WKHGHYHORSPHQWSHUPLWIRr the site which may relate to:
a. the total development of the site; or alternatively,
b. just the additional development to that existing on the site.
2. WKHW\SHVDQGTXDQWLWLHVRIH[LVWLQJRUSUHYLRXVO\ existing “lawful” uses to be used as existing credits
in calculations relating to the total development of the site (applying to calculations under 1. a. above);
3. offsets for “trunk” infrastructure that is contained in a development permit condition to be provided
by the development for crediting against the infrastructure charge calculation (if applicable); and
4. any other mitigating items (if applicable) that impact the net infrastructure charge amount payable.
Should the applicant believe these details to be incorrect or an omission exists, the applicant may make
UHSUHVHQWDWLRQVWR&RXQFLORQWKH,QIUDVWUXFWXUH&KDUJHV1RWLFHproviding full supporting particulars with
documentation to enable review of the additional information to be conducted. Where representations are
DJUHHG DQG YHULILHG DV EHLQJ FRUUHFW WKH UHSUHVHQWDWLRQV ZLOO IRUP WKH EDVLV IRU D QHJRWLDWHGDPHQGHG
infrastructure charges notice to be issued as applicable.
3. INFRASTRUCTURE CHARGE NOTICES
3.1 TRIGGERS FOR INFRASTRUCTUE CHARGES & ISSUING OF NOTICES
The triggers for issuing infrastructure charges are defined in the planning legislation and are generally
triggered by the issue of a development permit for either:
(1) Reconfiguration of a lot; or
(2) Material Change of Use of Premises; or
(3) Building Works; or
(4) Other development.
Under the planning legislation, infrastructure charges are not imposed by condition on a development permit -
they are an action that follows the issue of a permit6RFRQVHTXHQWO\FKDUJHVPD\EHLPSRVHGLQFDVHVZKHUH
a development permit for a lot reconfiguration or material change of use of premises has previously been
granted, but a development permit for building works is yet to issue.
3.2 DUE DATE FOR PAYMENT OF INFRASTRUCTUE CHARGES
(1) A levied charge becomes payable—
(a) if the charge applies for reconfiguring a lot— when the local government that levied the charge
approves a plan for the reconfiguration that, under the Land Title Act, is UHTXLUHGWREHJiven to the
local government for approval; or
(b) if the charge applies for building work—when the certificate of classification or final inspection
certificate for the building work is given under the Building Act; or
(c) if the charge applies for a material change of use—when the change happens; or
(d) if the charge applies for other development—on the day stated in the infrastructure charges notice
under which the charge is levied.
(2) The recipient of an infrastructure charges notice and the local government may also agree to other
arrangements for payment.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 5
Document Set ID: 20946196
Version: 1, Version Date: 07/08/2019 Print Date: 8 August 2019, 8:59 AM
[OCR of page images]
Noosa Council documents
The Infrastructure Charges Notice includes “Special Notes" (if applicable) on page 2 and together with the
infrastructure charge calculation on page 3, provides full and factual details to enable the applicant to review
and if required, for making a submission to Council on the infrastructure charge issued in relation to any of
the following:
1. the types and quantities of uses approved by the development permit for the site which may relate to:
a. the total development of the site; or alternatively,
b. just the additional development to that existing on the site.
2. the types and quantities of existing or previously existing “lawful” uses to be used as existing credits
in calculations relating to the total development of the site (applying to calculations under 1. a. above);
3. offsets for “trunk” infrastructure that is contained ina development permit condition to be provided
by the development for crediting against the infrastructure charge calculation (if applicable); and
4. any other mitigating items (if applicable) that impact the net infrastructure charge amount payable.
Should the applicant believe these details to be incorrect or an omission exists, the applicant may make
representation/s to Council on the Infrastructure Charges Notice providing full supporting particulars with
documentation to enable review of the additional information to be conducted. Where representations are
agreed and verified as being correct, the representation/s will form the basis for a negotiated/amended
infrastructure charges notice to be issued as applicable.
3. INFRASTRUCTURE CHARGE NOTICES
3.1 TRIGGERS FOR INFRASTRUCTUE CHARGES & ISSUING OF NOTICES
The triggers for issuing infrastructure charges are defined in the planning legislation and are generally
triggered by the issue of a development permit for either:
(1) Reconfiguration of a lot: or
(2) Material Change of Use of Premises; or
(3) Building Works; or
(4) Other development.
Under the planning legislation, infrastructure charges are not imposed by condition on a development permit -
they are an action that follows the issue of a permit. So consequently, charges may be imposed in cases where
a development permit for a lot reconfiguration or material change of use of premises has previously been
granted, but a development permit for building works is yet to issue.
3.2 DUE DATE FOR PAYMENT OF INFRASTRUCTUE CHARGES
(1) A levied charge becomes payable—
(a) if the charge applies for reconfiguring a lot— when the local government that levied the charge
approves a plan for the reconfiguration that, under the Land Title Act, is required to be given to the
local government for approval; or
(b) if the charge applies for building work—when the certificate of classification or final inspection
certificate for the building work is given under the Building Act; or
(c) if the charge applies for a material change of use—when the change happens; or
(d) if the charge applies for other development—on the day stated in the infrastructure charges notice
under which the charge is levied.
(2) The recipient of an infrastructure charges notice and the local government may also agree to other
arrangements for payment.
qT q > Y PO Box 141 P. (07) 5329 6500 [email protected]
SA I Ji
NOOS ca CO JN Cl TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.ald.gov.au ICN - Page 5
Document SetID: 20946196
Version: 1, Version Date: 07/08/2019 Print Date: 8 August 2019, 8:59 AM
Page 30
Noosa Council documents
3.3 LEVIED CHARGE TAKEN TO BE A RATES
A levied charge is, for the purpose of its recovery, taken to be rates of the local government that levied
the charge.
Within the meaning of the Local Government Act, this means:
(1) an infrastructure charge may be recovered by court action for a debt;
(2) an infrastructure charge may be recovered from the person for the time being owning the relevant land,
regardless of who was the owner or other person upon whom the charges was imposed;
(3) INTEREST IS PAYABLE on overdue payments; and
(4) if charges are unpaid for 3 years, THE LAND CAN BE SOLD to recover the outstanding charges.
3.4 INTEREST ON OVERDUE INFRASTRUCTURE CHARGES
Compound interest calculated daily at the rate stated in ´&RXQFLO·V 5HYHQXH 6WDWHPHQWµ is payable on all
overdue infrastructure charges outstanding after the due date for payment stated in the charges notice.
3.5 GOODS AND SERVICES TAX
The federal government has determined that rates and utility charges levied by local government will be
GST free. Accordingly, no GST is included in this infrastructure charges notice.
3.6 USE OF INFRASTRUCTUE CHARGES COLLECTED
Under the planning legislation, a levied charge paid to a local government must be used to provide trunk
infrastructure. &RXQFLO·VSODQQLQJVFKHPH identifies trunk infrastructure in Schedule 9.2-Schedule of Works
of its Local Government Infrastructure Plan (LGIP). KWWSV ZZZQRRVDTOGJRYDXYLHZ-the-noosa-plan
4. INFRASTRUCTURE CHARGES ENQUIRIES
,QIUDVWUXFWXUHFKDUJHVHQTXLULHVVKRXOGEHGLUHFWHGWRWKHDSSURSULDWHHQWLW\DVIROORZV:
(1) Council ,QIUDVWUXFWXUH&KDUJHVHQTXLULHVVKRXOGEHGLUHFWHGWR1RRVD&RXQFLO·VRIILFH:
Phone: (07) 5329 6211 or 5329 6449 during office hours; or
E-mail: [email protected]
(2) Unitywater ,QIUDVWUXFWXUH&KDUJHVHQTXLULHVVKRXOGEHGLUHFWHGWR8QLW\ZDWHU·VRIILFH:
Phone: 1300 086 489 or (07) 5431 8333 during office hours; or
E-mail: [email protected]
5. RIGHTS OF APPEAL
Prior to making an appeal about an infrastructure charge notice, the recipient must first suspend the
appeal period and make written representations to Council about the infrastructure charges notice in
accordance with the planning legislation.
If Council agrees or agrees in part with the representations, a Negotiated$PHQGHG Infrastructure
Charges Notice will be issued accordingly with GHWDLOVRI&RXQFLO·VGHFLVLRQ.
If Council does not agree with the representations, the Infrastructure Charges Notice issued remains
unchanged and GHWDLOVRI&RXQFLO·VGHFLVLRQZLOOEHSURYLGHG.
The appeal period for the infrastructure charges notice starts again when Council gives the decision notice
about the representations to the recipient.
7KHDSSOLFDQWPD\DSSHDODJDLQVW&RXQFLO·VGHFLVLRQon representations and a copy of the relevant appeal
provisions from the Planning Act 2016 is provided on the following page.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 6
Document Set ID: 20946196
Version: 1, Version Date: 07/08/2019 Print Date: 8 August 2019, 8:59 AM
[OCR of page images]
Noosa Council documents
3.3 LEVIED CHARGE TAKEN TO BE A RATES
A levied charge is, for the purpose of its recovery, taken to be rates of the local government that levied
the charge.
Within the meaning of the Local Government Act, this means:
(1) an infrastructure charge may be recovered by court action for a debt;
(2) an infrastructure charge may be recovered from the person for the time being owning the relevant land,
regardless of who was the owner or other person upon whom the charges was imposed;
(3) INTEREST IS PAYABLE on overdue payments; and
(4) if charges are unpaid for 3 years, THE LAND CAN BE SOLD to recover the outstanding charges.
3.4 INTEREST ON OVERDUE INFRASTRUCTURE CHARGES
Compound interest calculated daily at the rate stated in “Council's Revenue Statement” is payable on all
overdue infrastructure charges outstanding after the due date for payment stated in the charges notice.
3.5 GOODS AND SERVICES TAX
The federal government has determined that rates and utility charges levied by local government will be
GST free. Accordingly, no GST is included in this infrastructure charges notice.
3.6 USE OF INFRASTRUCTUE CHARGES COLLECTED
Under the planning legislation, a levied charge paid to a local government must be used to provide trunk
infrastructure. Council's planning scheme identifies trunk infrastructure in Schedule 9.2-Schedule of Works
of its Local Government Infrastructure Plan (LGIP). https://www.noosa.qld.gov.au/view-the-noosa-plan
4. INFRASTRUCTURE CHARGES ENQUIRIES
Infrastructure charges enquiries should be directed to the appropriate entity as follows:
(1) Council Infrastructure Charges enquiries should be directed to Noosa Council's office:
Phone: (07) 5329 6211 or 5329 6449 during office hours; or
E-mail: [email protected]
(2) Unitywater Infrastructure Charges enquiries should be directed to Unitywater's office:
Phone: 1300 086 489 or (07) 5431 8333 during office hours; or
E-mail: [email protected]
5. RIGHTS OF APPEAL
Prior to making an appeal about an infrastructure charge notice, the recipient must first suspend the
appeal period and make written representations to Council about the infrastructure charges notice in
accordance with the planning legislation.
If Council agrees or agrees in part with the representations, a Negotiated/Amended Infrastructure
Charges Notice will be issued accordingly with details of Council's decision.
If Council does not agree with the representations, the Infrastructure Charges Notice issued remains
unchanged and details of Council's decision will be provided.
The appeal period for the infrastructure charges notice starts again when Council gives the decision notice
about the representations to the recipient.
The applicant may appeal against Council's decision on representations and a copy of the relevant appeal
provisions from the Planning Act 2016 is provided on the following page.
Fi Q > Y PO Box 141 P. (07) 5329 6500 [email protected]
S J
NOOS AC OUN C IL TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.ald.gov.au ICN - Page 6
Document SetID: 20946196
Version: 1, Version Date: 07/08/2019 Print Date: 8 August 2019, 8:59 AM
Page 31
Noosa Council documents
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 7
Document Set ID: 20946196
Version: 1, Version Date: 07/08/2019 Print Date: 8 August 2019, 8:59 AM
Used in these records
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