SUPERSEDED Decision Notice - Approved by Delegation of Authority OPW22 0123

Officer: 	Amanda Turner
Direct Telephone: 	07 53296287
Our Reference:	OPW22/0123  :
Your Reference:	.
19 July 2022
Blue Care
C/- Urbis (QLD) Pty Ltd
Level 32, 300 George Street
BRISBANE   QLD  4000
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 15 July 2022, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW22/0123
Street address:	1 Grasstree Ct Sunrise Beach Qld 4567
Real property description:	Lot 9 SP 322789, Lot 6 SP 322789
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Landscaping
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Plans and Documents
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
000-CS	B	Cover Sheet prepared by Urbis	10/06/2022
001-CS	B	Legend prepared by Urbis	10/06/2022
201-FI	B	Finishes Plan prepared by Urbis	10/06/2022
202-FI	B	Finishes Plan prepared by Urbis	10/06/2022
203-FI	B	Finishes Plan prepared by Urbis	10/06/2022
501-PL	B	Planting Plan prepared by Urbis	10/06/2022
502-PL	B	Planting Plan prepared by Urbis	10/06/2022
503-PL	B	Planting Plan prepared by Urbis	10/06/2022
101-SP	B	Staging Plan prepared by Urbis	10/06/2022
901-DT	B	Landscape Details prepared by Urbis	10/06/2022
902-DT	B	Landscape Details prepared by Urbis	10/06/2022
N/A	B	Landscape Specification prepared by	10/06/2022
LANDSCAPE CONDITIONS
PRIOR TO COMMENCEMENT OF WORKS
A prestart meeting must be organised with Council’s delegate by calling 5329 6500 (giving at least five business days’ notice). The prestart meeting must be attended by the responsible persons for:
Landscape works.
Other relevant parties.
Bonds
Prior to the prestart meeting, a Performance Bond of $30,000 must be lodged as security for Streetscape, Park and Amenity Landscaping. The bond:
may be drawn upon by Council in its entirety if landscaping is not completed as per this approval and/or does not meet the 12 month maintenance period requirements.
will be returned upon completion of the maintenance period relating to each stage in the following amounts:
Stage 1: $20,000
Stage 2: $5,000
Stage 3: $5,000
DURING CONSTRUCTION
General
Where damage occurs to any Council asset as a result of the development works, it must be repaired immediately where it creates a hazard that presents risk to person or property. Other damage must be repaired prior to completion of works.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
The relevant conditions of the higher order Material Change of Use approval viz. 132008.1128.04 to which this approval relates.
All relevant Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
The latest version of Water Sensitive Urban Design Technical Design Guidelines for South East Queensland (Healthy Waterways) for all water quality devices to be constructed on site.
Landscaping Works
Landscape works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice.
(* Refer to Advisory Note)
Landscape works must:
Delineate all planting to grassed area interfaces with a concrete or timber edge as specified within the approved plans.
Ensure amenity or sales signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled.
*(Refer to Advisory Notes)
Public amenity trees* must:
Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC).
Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines.
Be located from services and infrastructure a minimum of:
6m from electricity poles and pillars.
4m from street lighting.
2m from stormwater catchment pits.
2m from any adjoining driveway.
*(Refer to Advisory Note)
The final location of plant species to be agreed on site with Council’s delegate at the pre-start meeting.
Turfed areas must be must be free of pest, diseases and weeds and level with adjoining surfaces.
Pathways and Access Points
Paths of travel must:
Terminate in a manner that ensures smooth transition to existing surfaces for public safety.
Be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS 1428, Design for access and mobility.
*(Refer to Advisory Note)
VEGETATION PROTECTION
Retention of Existing Trees and Vegetation
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.
FOLLOWING CONSTRUCTION
Supervision/Certification
Prior to commencement of use the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification confirming all works have been constructed in accordance with conditions of approval.
NATSPEC certification (Specifying Trees: a guide to assessment of tree quality addressing each specimen).
(* Refer to Advisory Note)
On Maintenance
Maintenance periods* must be:
12 months for Streetscape, Park and Amenity Landscape.
*(Refer to Advisory Note)
Prior to commencement of use the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification.
Specifying Trees: a guide to assessment of tree quality (NATSPEC) certification (addressing each specimen).
On Maintenance management includes:
Establishing and maintaining the works in accordance with the intent and requirements of all approvals.
To aesthetically compliment the surrounding local area.
Rectification of works failing ‘on ground’ to a solution that still meets approval intents.
Regular mowing, weeding and fertilising of grass areas.
Mulching, fertilising and aeration of garden areas.
Cleaning of all external surfaces including prompt removal of graffiti.
Replacement of dead or poorly performing plants.
Off Maintenance
Prior to requesting an Off Maintenance inspection the following must be provided:
Written request of bond release.
Off Maintenance Inspection must be requested:
By contacting Council.*
Only after lodgement of all other required certification and documentation.
Only after all works are confirmed in good order including:
Rectifying any damaged grassed areas.
Topdressing to grassed areas.
Remulching, fertilising and aeration of garden areas.
Replacement of plant material.
Removal of plant material impeding regulation sightlines.
Cleaning and/or refinishing of all external surfaces including prompt removal of graffiti.
*(Refer to Advisory Note)
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6500 to arrange a prestart meeting or an inspection giving a minimum of five business days’ notice of preferred inspection time.
Retention of Existing Trees
The existing trees on adjoining properties must be retained and protected during construction wherever achievable. To avoid doubt, this advisory note is not intended to exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following construction of the development which is the subject of this development approval.
Qualified Person
Qualified Person, for the purpose of:
Supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three years current experience in the field of landscape design.
Landscape Works
The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges Register where:
An inspection revealed that any landscape works do not comply with the conditions of the Decision Notice, Approved Plans and or Approved Documents
Certification is submitted to Council falsely stating that works comply with the approved plans, documents and or conditions of the Decision Notice.
Public amenity trees are defined as any tree located within public streets, parks or areas that will become publically owned as a result of this development.
On Maintenance
Request for On Maintenance is the responsibility of the developer.  No credit will be given due to failure to request inspection.  Maintenance works are the responsibility of the developer and must include regular inspections, repairs, rectifications and establishment.  A single maintenance run immediately prior to inspection is not acceptable.
Council reserves the right to stop and restart the maintenance periods due to non-compliance with conditions of this approval.
Off Maintenance
A re-inspection fee in accordance with Councils Fees and Charge Register will be charged where:
A Council inspection reveals works do not comply with approval requirements.
Submitted certification falsely states works comply with approval requirements.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Amanda Turner
Senior Environment Officer

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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