Decision Notice - Council Meeting Decision DBW19 0031

Officer: 	Nadine Kirley
Direct Telephone: 	07 53296284
Our Reference:	DBW19/0031
Your Reference:	n/a
24 February 2020
Ahisma Nominees Pty Ltd
C/- Pivotal Perspective Pty Ltd
4/59 Mary St
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir
Decision Notice
Planning Act 2016
I refer to your application and advise that on 20 February 2020, Council decided to approve the application, subject to conditions.
Council found the following matters relevant to the assessment and sufficient reason to approve the application:
1.	The cantilevered design of the building results in no significant impact to the natural coastal processes of the dunal system.
2.	The reduced setback of the building does not encroach into the area of the 2100 coastal erosion mapping prepared in conjunction with Council’s Draft Coastal Hazards Adaptation Plan.
3.	The proposal includes soft landscaping within the 5 metre setback area including native planting and turf and a small area of impervious paving up to approximately 5 metres in area.
Details of the decision are as follows:
APPLICATION details
Application No:	DBW19/0031
Street address:	102 Lorikeet Dr Peregian Beach Qld 4573
Real property description:	Lot 524 P 93121
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval has been issued:
Development Permit for Building Work (Detached House)
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.
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
SD 1.00	E	Schematic Design Site Plan (as amended by Council)	24/10/2019
SD 1.01	E	Schematic Design Basement Floor Plan	24/10/2019
SD 1.02	E	Schematic Design Ground Floor Plan	24/10/2019
SD 1.03	E	Schematic Design First Floor Plan	24/10/2019
SD 1.04	E	Schematic Design Roof Plan	24/10/2019
SD 2.00	E	Schematic Design North and South Elevations (as amended by Council)	24/10/2019
SD 2.01	E	Schematic Design East & West Elevations	24/10/2019
SD 4.00	F	Schematic Design Section A & B (as amended by Council)<	09/12/2019
SD 4.01	E	Schematic Design Section C & D (as amended by Council)	24/10/2019
SD 4.02	E	Schematic Design Sections 1 & 2 (as amended by Council)	24/10/2019
SD 4.03	E	Schematic Design Sections 3 & 4 (as amended by Council)	24/10/2019
SD 5.01	E	Schematic Design Concept Images	24/10/2019
SD 5.02	E	Schematic Design Concept Images	24/10/2019
SD 5.04	E	Schematic Design Concept Images	24/10/2019
SD 5.05	E	Schematic Design Concept Images	24/10/2019
Setback
The setback to the rear boundary must be a minimum of 6.0m to the building wall.
Only cantilevered building elements may be built within the reduced rear setback area in accordance with amendments by Council shown on the approved plans.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface.
Certification must be submitted to Council from a Licensed Surveyor prior to issue of a certificate of classification which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
No part of the Class 10a storeroom on the southern boundary of the site is to exceed 3.5 metres above natural ground level within the 1.5m side boundary setback area.
Currency Period
The Currency Period for this development approval lapses if the development has not commenced and all conditions have not been complied with within 4 years of the commencement of the approval, 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 $10,000.00 must be submitted to Council prior to the issue of a Development Permit for Building Works to secure performance of all conditions of this approval. 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
A minimum of 20% of the site must be retained as soft landscaping.
A minimum 5 metre wide soft landscape buffer must be provided along the eastern site boundary with no more than 5m2 of paved or impervious area located in the 5 metre setback as annotated by Council on the approved plans.
Native trees and shrubs selected from the preferred plant species list for Coastal Beachfront Areas in Planning Scheme Policy PSP03 Landscaping Plants and Guidelines are to be planted in the 5 metre landscape buffer. Vegetation must be planted to cover at least 50% of the 5 metre setback area between the proposed detached house and the eastern boundary of the site in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. The remaining 50% may be planted turf species capable of withstanding coastal environment otherwise must be planted out with native trees and shrubs. The planted vegetation must have a minimum pot size of 140 mm and consist of native, endemic species with a mature over-storey height of not less than 1.5 metres and a maximum spacing of 3.0 metre centres.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Site Access and Driveways
A sealed access driveway must be provided from Lorikeet Dr to the proposed garage of the development. The works must be undertaken generally in accordance with the approved plans and must be undertaken under a Road Reserve permit.
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. The works must be undertaken in accordance with a site specific Stormwater Management Plan (SWMP), prepared by a suitably qualified person. The SWMP must include an onsite infiltration system without the need for pumps.
The site specific SWMP must be approved as part of the subsequent Building Permit.
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.
Geotechnical Stability
All works must be carried out in accordance with a Geotechnical Report (or part thereof) prepared by a qualified person* and endorsed through the Building Permit.
*(Refer to Advisory Notes)
Earthworks and Retaining Walls
All earthworks 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.
All earthworks must be undertaken in accordance with the recommendations of report: “Site Investigation Data and Indicative Potential Acid Sulfate Soil Report”, prepared by CSI Soil Testing Pty Ltd, dated 29/01/2020
Coastal Protection
Gates must not be installed along the eastern property boundary to gain direct access to the beachfront.
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
To protect the vegetation and the coastal dune from damage or degradation during construction temporary fencing or the like must be installed along the coastal boundary prior to commencing any building works on site and maintained until completion of the building.
No vehicle parking, access, or storage of construction materials is permitted within the adjacent foreshore reserve at any time.
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:
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years’ experience in the field of geotechnical engineering or engineering geology.
Preparation of a Geotechnical Report
The geotechnical report to be submitted with the Operational Works application must include, but not be limited to, the following:
recommendations for the construction and operational phases of the development to ensure the stability of the subject site and the adjoining properties for the longer term;
a plan of the proposed temporary and permanent structural systems (retaining structures, etc.) and their construction methodology.
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.
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 Works (Private Certification)
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:	Appeal Rights
Approved Plans/Documents.

	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 7 of 7

[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 7

[word/footer4.xml]
Page 7 of 7

[word/footer5.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 3

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


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