Minor Change Existing Approval an Extension to Currency Period REC14 0005.03

Officer: 	Glen Conforti
Direct Telephone: 	07 53296241
Our Reference:	REC14/0005.03
Your Reference:	PE102995-10
3 November 2020
Bunnings Properties Pty Ltd
C/- RPS
PO Box 1559
FORTITUDE VALLEY  QLD  4006
[email protected]
Dear Sir
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 26 August 2020 and 18 September 2020, requesting a minor change and extension to currency period, to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	REC14/0005.02 & REC14/0005.03
Street address:	178 Eumundi Noosa Rd Noosaville Qld 4566
Real property description:	Lot 101 SP 241371
Planning Scheme:	Noosa Plan 2020 (31 July 2020)
Decision details
The following type of approval was issued on 4 July 2014
Development Permit for Reconfiguration of a Lot (1 Lot into 2 Lots)
In relation to the request to make a minor change to the existing approval, Council on 29 October 2020, decided to approve the requested changes. The changes are detailed below.
Approve the extension to the currency period and amend Item 3
Agree to change condition 2
currency period of approval
The currency period ends for this development approval on 25 March 2023 (including 6 months for an applicable event under section 275R of the Planning Act 2016).

assessment manager conditions
PLANNING
When conditions must be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment
Approved Plans
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
102995-151	A	Proposed Subdivision over Lot 101 on SP279285	16 Sept 2020
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the boundary clearances for any existing buildings remaining on the site comply with the relevant provisions of the planning scheme and the Building Act 1975, unless varied by this Decision Notice
all constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement
all existing and proposed utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve, or alternatively included within an easement where location within the lot is not possible
deleted
all dams (including ponded water, dam walls and associated spillway structures) are wholly located within the boundaries of a single lot
all retaining walls and structures are fully contained within the lot they retain
any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties
deleted.
Landscaping
Native street trees shall be established at 10 metre centres within the footpath reserve along the frontage of Lot 103 and shall have a minimum pot size of 45 litres.
Vegetation Clearing
Vegetation clearing is not authorised by this approval and shall only be undertaken in association with an appropriate development approval.
ENGINEERING
External Works
Gateway Drive must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular the construction of a pedestrian footpath in accordance with the conditions of this Decision Notice.  This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.

Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development.  The works must be undertaken in accordance with an Operational Works approval and must include in particular a 2 metre wide footpath within the road verge extending from the end of the existing pathway in Gateway Drive to the northern boundary of proposed Lot 103.  This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
A connection point for the future development of proposed Lot 103 to the existing stormwater drainage system
The retention of the existing overland flowpath that conveys stormwater runoff from the adjoining property (Lot 26 SP151406) through proposed Lot 103. The flows must be contained and conveyed wholly within a combined drainage solution consisting of underground drainage, capable of accommodating flows up to a Q10 event, and a landscaped and suitably stabilised (rock lined or other engineered alternative) open drain.  The design of the drain must be sufficient to include all design storm events up to and including the 1%AEP event of critical duration. Design calculations (that include at a minimum depth of flow and velocity) and certification by a suitably qualified RPEQ demonstrating the above must be submitted as part of the operational works application
Additional elements in the design of the open drain (localised bunding etc) that allows stormwater flows from the minor storm event to enter the existing piped system and ensure that velocities (generated in both the major and minor events) are in accordance with the safety guidelines recommended in QUDM.
Electricity and Telecommunication Services
Underground reticulated electricity and telecommunication services must be provided to each lot in accordance with an approval for Operational Works and the standards and requirements of the relevant service provider.
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
A drainage easement must be created within proposed Lot 103. The easement must be:
Of sufficient width (approximately 4.5m) to encompass all elements of the combined underground pipe and open drain solution (underground pipe (Q10 flows), batters, bunds, etc. and a 1.5m maintenance track),
In favour of Lot 26 SP151406 to connect to a legal point of discharge as defined in QUDM.
Alignment of the underground pipe, open drain, and easement is to be determined through operational works application (as per condition 9(b) above).
A drainage easement must be created within proposed Lot 101. The easement must be:
In favour of Lot 26 SP151406 and proposed Lot 103,
Centrally located over the existing piped drainage system connecting proposed Lot 103 and Lot 26 SP151406 to the existing stormwater discharge point in Gateway Drive.
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated batters must be 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.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height.  All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
UNITYWATER
Important Advisory Note - The following Unitywater conditions are applied in accordance with the Chapter 4c, part 7 and sections 135 and 140(c) South East Queensland (Distribution and Retail) Restructuring Act 2009 and Unitywater’s Interim Connections Policy. The conditions below form part of a water connection aspect which are taken to be a water approval for a staged connection.  You are entitled to appeal against the water connection aspects of this application in accordance with section 99BRAY and Chapter 4c, part 4, Divisions 1 and 2 of  the South East Queensland (Distribution and Retail) Restructuring Act 2009. Unitywater can be contacted as follows:
Phone:   1300 0 Unity (1300 086 489)
Email:   [email protected]
Web:     www.unitywater.com
Reticulated water must be provided to each lot in the development. This must include:
Ensuring that existing internal water pipes are wholly contained within the lot they will serve.
An approved water meter for each lot in accordance with Unitywater and SEQ Standard Drawings.
Provision of a water service to service proposed all lots in accordance with Unitywater and SEQ Standard Drawings.
Provision of a pipeline conduit under Gateway Drive in accordance with Unitywater and SEQ Standard Drawings.
An approved 150mm diameter water service connection to each lot in accordance with Unitywater requirements.
Water meters must be located on alternative boundaries to electrical pillars.
Reticulated sewerage must be provided to each lot in the development. This must include:
Ensuring existing sewer house drains are wholly contained within the Lot they will serve.
Provision of sewerage infrastructure to the property boundaries of Lot 103.
Written approval to enter and construct must be obtained from the owners of properties through which external sewers will traverse, and be submitted with lodgment of the associated development application for Operational Works.
Easements of between 3 and 10 metres must be provided over all Unitywater sewers located within property boundaries in accordance with the SEQ standards. Easements shall be centred over the pipe. Easement terms shall be the most current registered dealing held by the Department of Natural Resources & Mines and shall not be altered or amended.
Written approval to enter and construct must be obtained from the owners of properties through which external watermains will traverse. This must include approval for an easement over the mains, and be submitted with lodgment of the associated development application for Operational Works.
A minimum clearance of 1.5 metres must be maintained between Unitywater sewers and proposed building envelopes, buildings and other structures.
Stormwater retention systems and gross pollutant traps must maintain a minimum clearance of 1.5 meters from Unitywater water supply and sewerage infrastructure
Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature and suitable Unitywater approved varieties.
Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.
referral 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:
Building and Construction Industry (Portable Long Service Leave) Levy
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.  QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately.  Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Unitywater
Connection to the Unitywater live water supply and live sewerage system must be undertaken by Unitywater at the applicant’s cost.
Infrastructure Charges
This Development Permit may trigger an “Adopted Infrastructure Charge Notice” (if applicable) to be issued in accordance with Council’s “Adopted Infrastructure Charges Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the Sustainable Planning Act 2009
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required
Development Permit for Operational Work (Access, Frontage Works, Services, Stormwater, Earthworks)
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,

Glen Conforti
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 4 July 2014.
Negotiated Decision Notice – 24 September 2014:; with amendment to condition numbering, change condition 5, delete conditions 4(d) & 4(h)
Decision Notice - Minor  - REC14/0005.02 & REC14/0005.03 – 29 October 2020; Extension to Currency period and change to condition 2
Decision Notice – Extension to Currency Period – REC14/005.01 – 27 September 2018  – Extension to currency period

	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

[word/footer2.xml]
Page 8 of 8

[word/footer3.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 8

[word/footer4.xml]
Page 2 of 3

[word/header4.xml]
3

[Attachment: image3.png (image text)]
ee) NOOSA COUNCIL