Decision Notice - Council Meeting Decision RAL22 0001

Officer: 	Georgina Schramm
Direct Telephone: 	07 5329 6569
Our Reference:	RAL22/0001
Your Reference:	n/a
22 July 2022
Noosa Shire Council
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY  QLD  4563
info@brennanplanning,com
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 21 July 2022, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	RAL22/0001
Street address:	Library 9 Maple St Cooroy Qld 4563
Real property description:	Lot 3 SP 230055
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval has been issued:
Development Permit to Reconfigure a Lot (1 Lot into 2)
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 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 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
21-5373AB	-	Plan of Proposed Reconfiguration of Lot 3 on SP327330 prepared by Max Watterson + Associates	12 January 2022
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
Currency Period
This development approval lapses if the requirements of the conditions have not been completed and an application for plan seal is not lodged with Council by 21 July 2026, unless an application to extend the currency period is approved by Council.
Road Closure
An application is to be made to the Department of Natural Resources, Mines and Energy (DNRME) to permanently close the section of road reserve along the Maple Street frontage of proposed Lot 31.
If the application is approved, or approved in part, the area of road reserve is to be amalgamated with adjoining lot(s) and no additional lots created. If the application to close the road is refused, a copy of the advice from the DNRME stating that fact must be submitted to Council prior to the signing of the Plan of Subdivision.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the setback/s to any new boundaries 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 utility services and connections (e.g. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement.
all existing effluent disposal areas are wholly located within the lot they serve and comply with the boundary setback requirements of the Plumbing and Drainage Act 2002 and associated codes and requirements.
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.
for the community title scheme, the road pavement changes required by this Decision Notice accurately demarcate the boundaries of the public and private land.

Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to each lot 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 each lot.
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.
Services
Reticulated electricity and telecommunication services must be provided to each lot in accordance with 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 (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Existing easement Emt A on RP87371 (Easement for Access within Lot 3 on SP327330 to benefit Lot 1 on RP87371 – RP87371 is now contained within Lot 5 on SP213104) is no longer relevant for its intended purpose, and must be extinguished prior to sealing of the survey plan.
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.
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

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 9, Division 4, Subdivision 2, Table 1 – Reconfiguring a lot within 25m of a State transport corridor	The agency provided its response on 21 April 2022 (Reference No. 2202-274808 SRA). A copy of the response is attached

advisory notes
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
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
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.
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,
Kerri Coyle
Manager Development Assessment

Enc:	Referral Agency Response
Appeal Rights
Approved Plans/Documents

cc.	SARA at DILGP
Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/
(for assistance, contact DILGP at 5352 9701 or email [email protected])

	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

[word/footer1.xml]
Page 11 of 12

[word/footer2.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 12

[word/footer3.xml]
Page 12 of 12

[word/footer4.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 7 of 8

[Attachment: image1.png (image text)]
K Coy fs


[Attachment: image2.png (image text)]
ee) NOOSA COUNCIL


[Attachment: image5.png (image text)]
Queensland
Sonernment

SARA reference: 2202-27408 SRA
‘Council eference:  RAL22/0001

21 Apel 2022
Chief Executive Officer
‘Noosa Shire Council
POBox 141

TEWANTIN QLD 4565
‘[email protected]

Attention: Georgina Schramm,

Dear Ms Setramm
SARA response—9 Maple Street, Cooroy
(Reeral agency response given under secon 58 of he Planing Act 2016)

“The development application described below was confirmed as property referred by the State
‘Assessment and Referral Agency (SARA) on 17 March 2022.

 

Response
‘Outcome FReferal agency response -No requirements
Under section 5618) of the Planing Act 2076, SARA advises it
has no requirements relating tothe aplication.
Date of response: 21 Apr 2022
Reasons: “The reasons forthe referral agency response are in Attachment 4.

Development details

 

Description: Development Permit Reconfiguring a Lot - Commercial (1 into 2)

‘SARA role: Referral agency

‘SARA tigger ‘Schedule 10, Part 9, Division 4, Subdivision 2, Table 1 Item 1
(10.3.42.1.1) —Reconfiguring a lt near state transport corridors,
(Planning Regulation 2017)

‘SARA reference: 2202.27408 SRA

‘Assessment manager: ‘Noosa Shire Counci

‘Street address: ‘3 Maple Street, Cooroy

Real property description: Lot 3. on SP230055

‘Seuth East Qucnsiand (Nor) regional offce
Mie aber Bulng. Leva 3, 12 Frat venue, Maroochydore
Page ofS PO Bor 1129, Maraochycore GLD 4268


[Attachment: image6.png (image text)]
ano 27408 SRA

‘Applicant name: ‘Noosa Shire Council e- Brennan Planning Ply Ltd
‘Applicant contact details: 44 Maple Street

‘COOROY QLD 4565

info@brennanplanning com
Representations

 

‘Bn applicant may make representations fo @ concurrence agency, at any tme betore the application =
decided, about changing a matter in the referral agency response (s. 30 Development Assessment
Rules)

Copies ofthe relevant provisions are in Attachment 2.

‘A copy of ths response has been sent to the applicant for their information.

For further information please contact Jenny Sapuppo, Senior Planning Officer, on 5644 3220 or via
‘email SEQNorthSARA@dsdigp ald.gov au who will be pleased to assist.

‘Yours sincerely

YOM
Susan Kid
‘Manager (Regional Assessment and Projects)
ce Neots Shee Caine: Brenan Paning Py Line @bemarsaningcom
coo Atatnant Aan ne Apia

‘Astachmant 2- Reasons for efrral agency response:
‘tachment 3- Representations about a refaral agency response provisions

‘State Aasessment an Refer Agnoy Page 20f5


[Attachment: image7.png (image text)]
 

‘mano z7408 SRA

Attachment 1—Advice to the Applicant

 

 

General Advice

1. | Terme and phrases used inthis document are defined inthe Planning Act 2076 its regulation
cr the State Development Assessment Provisions (SDAP) version 26. if 2 word remains
undefined it has its ordinary meaning.

 

 

 

 

 

‘State Aasessment an Refer Agnoy Page Set


[Attachment: image8.png (image text)]
‘mano z7408 SRA

Attachment 2—Reasons for referral agency response
(Given under secon (7) ofthe Panning Act 2076)

 

Reasons for SARA’s decision
“The proposed development complies with State code 1: Development in a state-controlled road
‘environment and State code 2: Development in a railway environment of SDAP. Specifically, the
development:

+ does not create a safety hazard for users of a state-controlled road or railway

‘+ does not compromise the structural integrity of state-controlled roads, road transport infrastructure or
road works, railways, rail ransport infrastructure, other rail infrastructure orralivay works

‘+ does not result in a worsening of the physical condition or operating performance of state-controlled
roads, railways oF the rll network

‘+ does not compromise the state's ability to cost-effectively construct, operate and maintain state-
‘controled roads and railways

‘+ does not compromise the structural integrity of public passenger transport infrastructure or
‘compromise the operating performance of public passenger transport services on state-controlled
roads.

‘Material used in the assessment of the application:

‘+ the development application material and submitted plans,

‘+ Planning Act 2016

‘+ Planning Regulation 2017

‘+ SDAP (version 2.6), as published by SARA

‘+ the Development Assessment Rules

‘+ SARA DA Mapping system

‘+ Human Rights Act 2018.

‘State Aasessment an Refer Agnoy Page dof


[Attachment: image9.png (image text)]
‘mano z7408 SRA

Attachment 3—Representations about a referral agency response
provisions

 

(c2eeleinenonaly blank)

‘State Assessment and Referral Agency PageS0f5