Decision Notice - Approved by Delegation of Authority MCU22 0156

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU22/0156
Your Reference:	n/a
30 November 2022
LM Micolich
9 Matthew St
SCOTTS HEAD  NSW  2447
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 29 November 2022, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU22/0156
Street address:	56 Reserve St Pomona Qld 4568
Real property description:	Lot 188 MCH 1261
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 - Dwelling house
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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.
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
WD001	C	House location plan prepared by Soul Space	10 Oct 2022
WD101	C	Site Plan prepared by Soul Space	10 Oct 2022
WD102	C	Floor Plan prepared by Soul Space	10 Oct 2022
WD103	C	Roof Plan prepared by Soul Space	10 Oct 2022
WD201	C	Elevations prepared by Soul Space	10 Oct 2022
WD202	C	Sections prepared by Soul Space	10 Oct 2022
WD203	C	Sections prepared by Soul Space	10 Oct 2022
WD401	C	Views prepared by Soul Space	10 Oct 2022
An area sufficient for 2 cars to park on site must be identified and made available at all times for car parking.  This area must be located in an existing cleared area and setback a minimum of 10m to the road frontage and all other boundaries.
Currency Period
This development approval lapses if the use has not happened by 29 November 2028, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building 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. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Landscaping
Existing trees on the site must be retained, except where required to be removed to accommodate the approved dwelling. In this regard, the removal of vegetation must not extend beyond 9 metres of the building footprint.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Flood Immunity, Drainage and Earthworks
The minimum floor levels of all habitable rooms must be 92.6m AHD.
Bushfire Management
The development must be carried out in accordance with the recommendations of the Bushfire Management Plan prepared Wollemi Eco-Logical, project reference 22149, and dated 14 October 2022, including;
an asset protection zone of 9m to the east, south and west of the dwelling;
vegetation management of the required asset protection zone to minimise fuel availability and reduce connection to the building in accordance with section 3.3 of this report.
A copy of the Bushfire Management Plan V1, prepared by North Coast Environmental Services dated 11 November 2021 must be provided to the nearest fire authority.
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the bushfire management conditions of this Decision Notice.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the dwelling house in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
Fencing
Any proposed new fencing to delineate boundary alignments within the Biodiversity Overlay and/or Koala Priority and Koala Habitat Areas must be constructed to allow for the movement of fauna. Such fencing must:
allow adequate clearance at ground level for local macropods;
not include any use of barbed wire or similar materials;
provide regular opportunities for passage over and through;
be agreed by Council.
Environment
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards.

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

Concurrence	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 4 – land within 25m of a State transport corridor	The agency provided its response on 4 November 2022 (Reference No. 2209-31135 SRA). 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:
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 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 on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Referral Agency Response
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

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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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SARA reference: 2200-91195 SRA
(Council eference: — MCU220158

4 November 2022
Chief Executive Officer
‘Noosa Shire Council
POBox 141

Tewantin QLD 4585
‘[email protected]

Attention: Lisa Pienaar

Dear Sir/Madam

SARA response—56 Reserve Street, Pomona
(Reeral agency response given under secon 50 of he Planing Act 2076)

“The development application described below was confirmed as property referred by the State
‘Assessment and Referral Agency (SARA) on 29 September 2022.

 

 

Response

‘Outcome: Referral ageney response — with conditions,

Date of response: ‘4 November 2022

Conations: “The conditions in Attachment 1 must be attached to any
development approval

Avice: ‘Advice to the applicants in Attachment 2.

Reasons: “The reasons forthe referral agency response are in Attachment 3.

Development details

Description: Development permit Material change of use for a dwelling

house
‘SARA role: Reteral agency
‘SARA tigger: ‘Schedule 10, Pat 9, Division 4, Subdivision 2, Table 4 Planning

Regulation 2017) — Development application for material change of
se within 25 metres of a state-controlled road

‘South East Queensland (Nor) regional
oe

Hike Aer Buicng Level 3, 12 Fist
‘Averae Martyr
Page 1087 POBox 1128, Maroochydore QLD 4555

 

 


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‘SARA reference:
Assessment Manager:
‘Street address:

Real property description:
‘Applicant name:
‘Applicant contact details:

‘State-controlled road access

Representations

220891195 SRA

2208-31135 SRA
‘Noosa Shire Council

56 Reserve Street, Pomona,

Lot 188 on MCH1281

(Ms Lisa Micolich

56 Reserve Street

Pomona QLD 4568

[email protected]

‘This referral included an application fora road acvess location, under
‘section 624(2) of Transport Infrastructure Act 1994. Below are the
details of the decision:

Approved

‘© Reference: TMR22-037596

‘© Date: 3 November 2022

Ifyou are seeking further information on the road access permit,
please contact the Department of Transport and Main Roads at
‘North Coast [email protected].

 

“Bn applicant may make representations fo a concurrence agency, at any tme betore the application =
decided, about changing @ matter in the referral agency response (s.30 Development Assessment Rules)
Copies ofthe relevant provisions are in Attachment 4.

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

For further information please contact Richard Wilson, Planning Officer, on 5352 9774 or via email
‘[email protected] who will be pleased to assist.

‘Yours sincerely

Mol.

‘Manager

ce Ms Liss Micaich,lmicotch@hotmailcom

lene Attachment 1 - Rafer ageney conditions
‘stachmant 2-Advies tothe ppcant
‘Astachmant 3- Reasons for efaral agency response:
‘tachment 4 - Representations provisions
‘Atachment 5 - Approved plans and specfestions

‘State Aasessment an Refer Agnoy Page 207

 


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Attachment 1—Referral agency conditions

0831135 SRA

 

‘Under section €6(1b)i) of the Planning Act 2076 the folowing conditions must ba tached to any development
‘approval eating to this application) (Copies of he plans and specications referenced below are found at
‘tachment §)

 

No,

‘Conditions

‘Condition timing

 

Material change of use

 

7094,
ofthe

|2.4.1—The chief executive administering the Planning Act 2076 nominates the Director-General
Department of Transport and Main Roads tobe the enforcement authority for the development
{o which this development approval relates for the administration and enforcement of any matter
relating to the folowing condition:

 

1

 

 

(@) The road access locaton, is to be located generally in
‘accordance with the Site Plan, prepared by Soul Space Building
Design, dated 1 November 2022, drawing No. WD101 and
revision D as amended in red by SARA on 4 November 2022.

() Road access works comprising a Rural Property Access (atthe
road access location) must be provided.

(©) The road access works must be designed and constructed in
‘accordance with Department of Transport and Main Roads
‘Standard Drawing 1807, Rural Property Access, Revision A,
{dated 07/2020 and Department of Transport and Main Roads!
Road Planning and Design Manual 2nd Edition

 

@)
Atall times

()and(e)

Prior tothe
‘commencement of use
and to be maintained at
alltimes

 

 

‘State Aasessment an Refer Agnoy

Page Set?

 


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0831135 SRA

Attachment 2—Advice to the applicant

 

 

General advice

 

1

“Terms and phrases used in this document are defined in the Planning Act 2076 is regulation or
the State Development Assessment Provisions (SDAP) v3.0. Ifa word remains undefined ithas
its ordinary meaning.

 

“Transport noise corridor
Mandatory Part (MP) 44 of the Queensland Development Code (DC) commenced on 1
‘September 2010 and applies to building work for the construction or renovation ofa residential
building in @ designated transport noise corridor. MP4.4 seeks to ensure that the habitable
rooms of Class 1, 2, 3 and 4 buildings located in a transport noise corridor are designed and
Constructed to reduce transport noise. Transport noise corridor means land designated under
(Chapter 8B of the Building Act 1975 as a transport noise corridor. A free online search tool can
be used to find out whether a property is located in a designated transport noise corridor. This
‘ool is available online at: https: /iwwy_business ald. gov ausindustries/bulding-property-
<developmentbuilding-construction/laws-codes-standards/queensland-development.
‘codertransportnoise-coridors. This tool allows searches on a registered lot number andlor
property address to determine whether and how the QDC applies tothe land.

 

Road works approval
Under section 33 of the Transport infrastructure Act 1994, written approval is required from the
Department of Transport and Main Roads to carry out road works on a state-controlled road.
Please contact the Department of Transport and Main Roads’ on
North Coast [email protected] with the completed application form and supporting
information to make an application for road works approval. This approval must be obtained
prior to commencing any works on the state-controlled road reserve. The approval process
may require the approval of engineering designs of the proposed works, certified by a
Registered Professional Engineer of Queensiand (RPEQ). Please contact the Department of
‘Transport and Main Roads’ as soon as possible to ensure that gaining approval does not delay
construction. Further information on applying for road works approval is available here:

=I tm ald gov-aulCommuni vironment/Plan developmentither
matiers-requiring-approvalvoadworks.

      

 

 

 

Public utility works and connection approval
“The applicant is advised that if any works andlor connections are required to public utility
‘services within a State-controled road corridor, approval must be given by the Department of
‘Transport and Main Roads under the relevant publi utility legislation (electricity, water/sewer,
telecommunication), and in accordance with TMR technical standards (TN163). Approvals must
be obtained prior to commencing any ulility works within the state-controlled road corridor.
Please contact the public uility fam via [email protected],qov.au for further information on
the application and approval process.

 

 

‘State Aasessment an Refer Agnoy Page dof7


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220891195 SRA

Attachment 3—Reasons for referral agency response
(Given under secon 257) ofthe Panning Act 2076)

 

‘The reasons for SARA’s decision

‘+The development application is for a development permit foe material change of use fora dweling
house,

‘+ The development site is located at $8 Reserve Street, Pomona, formally described as Lot 188 on
MCH1261

‘+ Reserve Street at this location is a state-controlled road and the development requires access from
‘the subject site to the state-controlled road.

‘+The development therefore required referral to SARA for assessment against the State Development
Assessment Provisions (SDAP) version 3.0, State code 1: Development in a state-controlled road
‘environment (State code 1).

‘+ SARA has assessed the development against State code 1 and found that the development
‘complies, subject to a condition to

(© ensure the road access location tothe state-controlled road from the site does not
compromise the safety and efficiency ofthe state-controlled road
(© maintain the safety and efficiency of the state-controlled road by reducing the number of road

‘Material used in the assessment of the application
“The development application material and submitted plans

Planning Act 2016

Panning Regulation 2017

‘SDAP (version 3.0), a8 published by SARA

“The Development Assessment Rules

‘SARA DA Mapping system

Human Rights Act 2019.

‘State Aasessment an Refer Agnoy Page Sof7

 


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Pian for the purposes of
Condition 1 of
J2209-31135 SRA only.

GENERAL NOTES

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SITE NOTES

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