Decision Notice - Approved by Delegation of Authority MCU22 0169

Officer: 	Georgina Schramm
Direct Telephone: 	07 53296569
Our Reference:	MCU22/0169
Your Reference:	n/a
22 December 2022
Noosa Women's Shed
60/1 Ferrells Rd
COOROY  QLD  4563
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 19 December 2022, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU22/0169
Street address:	Wallum Lane Noosa Heads Qld 4567
Real property description:	Lot 17 SP 239726
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Community use (Women’s Shed)
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.

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
SK1	B	Noosa Women’s Shed Site Plan and Elevations prepared by applicant	14 September 2022
SK1	A	Noosa Women’s Shed Site Plan prepared by Tod Consulting Engineers (annotated by Council)	14 September 2022
SK4	-	Aerial prepared by Tod Consulting Engineers	9 November 2022
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice. The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Building Works. *(Refer to Advisory Note)
Nature and Extent of Approved Use
The approved Community Use (Women’s Shed) is comprised of two (2) buildings for the purpose of the use of the premises for –
providing artistic, social or cultural facilities or community services to the public; or
preparing and selling food and drink, if the use is ancillary to the use in paragraph (a).
Currency Period
This development approval lapses if the use has not happened by 19 December 2028, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 6 metres above the finished ground level and the natural ground level.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to each lot the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Building Appearance
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
The proposed buildings are to incorporate horizontal and vertical articulations, and provide subtle changes in textures and materials to break up building facades. Such detail is to be submitted to the Development Assessment Manager prior to the issue of Building Approval, as per Condition 3.
The buildings are to avoid solid blank surfaces, and are to incorporate measures such as windows, landscaping and vandal resistant paint to deter graffiti (in particular reference to the northern elevations of the building/s. Such detail is to be submitted to the Development Assessment Manager prior to the issue of Building Approval as per Condition 3.
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
Rehabilitation & Landscaping
Existing trees on the site must be retained, except where required to be removed to accommodate the approved building. In this regard, the removal of vegetation must not extend beyond 10 metres of the building footprint or otherwise required to achieve the relevant Bushfire Attach Level (BAL) for the premises. Prior to tree removal, a detailed Landscaped Plan is to be provided to the Manager Development Assessment for approval.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Koala food trees are to be planted in lieu of vegetation cleared on the site in accordance with the Noosa Plan 2020 PSP2 Landscpaing Policy. A minimum of six (6) trees are to be planted.
Screening vegetation must be planted between the proposed buildings and easement area in accordance with Council’s Planning Scheme Policy PSP2 - Landscaping.  The planted vegetation must consist of native, endemic species with a mature height to effectively screen the proposed buildings from the nearby public walkway.
In addition to the planting of screening vegetation, Koala food trees are to be planted in lieu of vegetation cleared on the site in accordance with the Noosa Plan 2020 PSP2 Landscaping Policy. A minimum of six (6) trees are to be planted.
Site Specific Conditions
A parabolic mirror must be installed on the eastern side of the existing entrance to the Noosa Men’s Shed site. The parabolic mirror must enable vehicles turning right from the subject site to have a clear, unobstructed view of any potential oncoming traffic from the west. The parabolic mirror must be installed generally in accordance with the approved plans within this Decision Notice; location to be determined on site.
Site Access and Driveways
An access driveway must be provided Wallum Lane to all parking and manoeuvring areas of the development. The works must be undertaken generally in accordance with the approved plans within this Decision Notice and Noosa Council’s standard drawing RS-051 and any associated addendum.
Car Parking
A minimum of 15 car parking spaces must be provided and marked on the site, and made available and accessible at all times while the use is open for business. The works must be undertaken generally in accordance with the approved plans within this Decision Notice and must include in particular:
disabled parking space/s within the total
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct visitors to the car parking spaces provided on site.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Easements
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 contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
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.

referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Advice	Energex Limited Town Planning GPO Box 1461 BRISBANE QLD  4001	Schedule 10, Part 9, Division 2 of the Planning Regulation 2017	The agency provided its response on 8 November 2022 (Reference No. HBD 7661677). A copy of the response is attached.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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 Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
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.
Services
Connections to the urban services (electricity, telecommunication, water and sewer) must be provide to the development in accordance with the standards and requirements of the relevant service provider.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
Resubmission of Amended Plans Required
The conditions of this Decision Notice require resubmission of plan/s to Council with amendments. Please address the amended plan/s to Council’s Development Assessment Branch with the Reference No. MCU22/0169. However, should the plan/s not be submitted, the applicant is advised that a Preliminary Approval may be issued in lieu of a Development Permit.
Prestart Request
Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Vegetation Clearing.
Development Permit for Building Works	All building work.
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 online at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Georgina Schramm
Development Planner

Enc:	Appeal Rights
Referral Agency Response
Infrastructure Charge Notice
Approved Plans/Documents

cc.	Energex

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	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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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 4

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8 November 2022

Noosa Council

Poor ttt energex

on comer postive enemy

Ce Noosa Women’s Shed
60/1 Ferrells Road
Cooroy QLD 4563

Attention: Robyn Sanders
Via email: [email protected]

Dear Sir/Madam,

Referral Agency Response ~ Development Permit for a Material Change
of Use for a Community Use (Women’s Shed) at Wallum Lane, Noosa
Heads (Lot 17 on $P239726)

Council Ref: MCU22/0169
Applicant Ref: NIA
Our Ref: HBD 7661677

We refer to the abovementioned Development Application, which has been
referred to Energex Limited pursuant to section 54 of the Planning Act 2016.

In accordance with Schedule 10, Part 9, Division 2 of the Planning Regulation
2017, the application has been assessed against the purposes of the
Electricity Act 1994 and Electrical Safety Act 2002. This notice is provided in
accordance with section 86 of the Planning Act 2016.

‘Should the Assessment Manager decide to approve the proposed Material
Change of Use, as an Advice Agency for the Development Application,
Energex advises the following in relation to the development:

 

1. The development is to be carried out in accordance with the plans
identified below. Any changes to these plans should be resubmitted to Mobile

 

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3. Access to the easement and access along the easement must be“
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Reference: HED 7861677


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4. Any future works on an Energex easement or in the vicinity of Energex assets
are to be carried out in accordance with Energex Standard Guidelines MD-03/12.
‘A copy of these guidelines is attached for reference.

‘Should you require further information regarding this matter, please contact the
Undersigned on 0455 403 399 or [email protected] au.

Yours faithfully,

Bean.

Benjamin Freese
Town Planner

Encl Copy of Energex Standard Guidelines MD-03/12

Reference: HED 7861677

Have you seen our fact sheets?
‘See the ‘considerations when developing around electricity infrastructure’ section of our website
‘won snergex com aulreferageney


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Standard Guidelines MD-03/12

When considering Works, either on Energex easements or in the vicinity of Energex assets,
please be aware ofthe folowing general conditions:

+ Satisfactory clearance from your proposed structure to the existing (andlor future) electricity
“wires must be maintained in accordance withthe Electrical Safety Regulations 2013,

+ Allprevious conditions must be adhered to and Energex may, atts diseretion, audit the
‘irished development to check that it conforms to the conditions of the development.

‘Natural ground levels on the easement are not be disturbed without Energex approval
Detailed civil design drawings showing any proposed cut and fil levels on the easement
{and the location of the Energex assets in relation to the proposed development are to be
‘submitted to and approved by Energex prior to the commencement of any works on site

+ No civil works are to occur within $ metres of any part of an Energex Structure (e.g.- tower
base, pole or stay) without Energex approval,

‘Ifthe minimum Sm horizontal separation to the Energex structure cannot be achieved, the
Developer must consult Energex with regards to allowable construction methods. This may
include full depth shoring ofthe excavation sides for a minimum of 5 metres eter side of
‘the structure.

+ Any excavations deeper than Sm must have a minimum horizontal separation from the
‘excavation to any tower, base or pole at least equal to the excavation depth. The
‘excavation is not to be left open overnight and backflis to be compacted in 150mm layers
inthe immediate vicinity ofthe structure.

+ 10 metres clear access must be provided around al towers and pole structures after the
‘completion of any works on the easement.

+ Final ground levels should slope gently to the edge ofthe easement, surrounding area or
kerb suich that pooling of water on the easement is avoided and conductor ground
clearances are not decreased.

* Stockpiling of spol on the easements prohibited

* Lighting structures are not permitted in the easement without prior written consent of
Energex Lighting designs for proposed developments (e.g. road, carparks etc) on the
{easement are likely to require reduced height structures. Please submit detailed design to
Energex for approval. These drawings must clearly show the following:
~ Proposed height of the lighting structures and the ground level atthe structure base,
~ Relative (to lighting structures) ground levels at Energex structures (towers, pole etc)

‘ttner side of the lighting structures, and
~The location of the Energex structures in relation tothe proposed lighting

* Proposed underground services such as stormwater, sewerage, water and the like are to be
kept tothe outer edge of the easement. Services crossing the easement should be as near
{as practicable to right angles tothe overhead conductor direction and not within 10 metres
Of any tower, pole or stay. Pipelines and crossings are to be clearly marked. Please
submit the relevant design drawings tothe Energex for review.
“The identification, assessment and mitigation of any possible hazards in the service due to
electromagnetically induced voltages, isthe responsibilty of the Developer.

Reference: HED 7861677
Have you seen our fact sheets?

‘See the ‘considerations when developing around electricity infrastructure’ section of our website
‘won snergex com aulreferageney


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+ Any cutin the vicinity of a structure or between a structure and the road kerb will need to be
stablised by a retaining wall. The retaining wall design and location is to be submitted to
Energex for approval

‘+ Any costs incurred by Energex as a result of the works on the easement are to be met by
‘the property Developer / owner.

+ Access to the easement and access along the easement must be available to Energex
personnel and heavy equipment at all imes. Energex will require the Developer / owner to
‘supply and instal gates where fencing prohibits access to and along the easement area
‘To enable travel along the easement a anytime the gates must be series locked with an
Energex padlock. Both the padlock and a design drawing of an acceptable gate will be
provided by Energex.

+ Atal imes the folowing clearance must be maintained from the top of any machinery
‘moving inthe vicinity of energised conductors:

= 132KV and 1 10KV conductors — 4.5m minimum clearance
= 33KV and 11kV conductors ~ 3m minimum clearance

‘Should it be necessary to transport equipment or extend any equipment, such that these
Clearances cannot be confidently maintained, you are required to contact our office to
ascertain whether a Safety Officer is required on-site All operators of machinery are to be
made aware ofthe presence of high voltage conductors.

+ No planting is permitted in the Easement without prior approval from Energex. I planting is
proposed, the applicant is required to provide a Detailed Landscape Plan to Energex for
approval which:

‘© Keeps the planting of trees to the outer most edge of the easement and not directly
under any overhead conductors; and

© Plots the location of the overhead conductors (accounting for a cross-am if
applicable and plotting the powerine on the outmost edge of each side ofthe cross-
arm); and.

© Uses species included on Energex’s, «= Safetrees list
(tips www energex.com au/about.us/our-commimentto-the-
‘environment vegetation/safetree-program); and

© Ensures a horizontal clearance is achieved between the tree and the outer most
‘conductor equal to the mature height ofthe tree.

Reference: HED 7861677

Have you seen our fact sheets?
‘See the ‘considerations when developing around electricity infrastructure’ section of our website
‘won snergex com aulreferageney


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ee) NOOSA COUNCIL