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Other Change Decision Notice - Council Meeting Decision MCU16 0099.01 · MCU16/0099.01
Officer: Lisa Pienaar Direct Telephone: 07 53296514 Our Reference: MCU16/0099.01,OPW16/0218.01, RAL19/0036 Your Reference: NBN-4BBZ-4GYM-5136-Cooroibah 11 June 2020 NBN Co C/- Aurecon Australia Locked Bag 331 BRISBANE QLD 4001 [email protected] Dear Sir, Decision Notice – Other Change Planning Act 2016 I refer to your application and advise that on 4 June 2020, Council decided to approve the application, subject to conditions. Details of the decision are as follows: APPLICATION details Application No: MCU16/0099.01, OPW16/0218.01, RAL19/0036 Street address: 21 & 23 Jirrima Cres Cooroibah Qld 4565 Real property description: Lots 46 & 47 RP 136461 Planning Scheme: The Noosa Plan (8 June 2018) Decision details The following type of approval was issued on 7 June 2017: Development Permit for Material Change of Use of Premises - Infrastructure Uses - Service & Utility Type 3 – Tower Development Permit for Operational Works – Access In relation to the request to make an Other Change to the existing approval, Council on 4 June 2020, decided to approve the requested changes. The changes are detailed below. Include additional conditions 17 - 22 to Material Change of Use, conditions 1 – 25 to Operational Works and conditions 1 – 3 Reconfiguration of a Lot. Amend the relevant period of approval. Amend the referral agencies. Add additional advisory note. currency period of approval The currency period for this development approval is stated in the conditions below. assessment manager conditions PLANNING MATERIAL CHANGE OF USE 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 4GYM-51-36-C000-C1 C Site Specific Notes prepared by Aurecon (as annotated by Council) 05.03.2020 4GYM-51-36-C000-C2 D Overall Site Plan prepared by Aurecon 05.03.2020 4GYM-51-36-C000-C3 B Site Setout Plan prepared by Aurecon (as annotated by Council) 05.03.2020 4GYM-51-36-C000-C4 B Site Elevation and Details prepared by Aurecon 05.03.2020 4GYM-51-36-C000-L1 A Landscaping Details Plan prepared by Aurecon (as annotated by Council) 21.06.2017 4GYM-51-36-C000-L2 A Landscaping Notes Plan prepared by Aurecon 21.06.2017 4GYM-51-36-C000-A1 A NBN Antenna Configuration & Setout Plan prepared by Aurecon 21.06.2017 4GYM-51-36-C000-SK1 A Easement Plan prepared by Aurecon (as annotated by Council) 06.03.2020 Building Height The maximum height of the structure must not exceed 46 metres above the finished ground level and the natural ground surface. Certification must be submitted to Council from a Licensed Surveyor which certifies that the monopole structure does not exceed the maximum height requirement of this Decision Notice. No lights are permitted to be attached to the telecommunications facility, except where required for aircraft hazard lighting purposes or similar. Noise Equipment, motors, electrical generators, compressors, etc must be suitably provided with noise reduction measures and located so as to prevent a noise nuisance beyond the boundary of the site and not exceed the levels specified in Table 1. TABLE 1 NOISE LIMITS AT A SENSITIVE RECEPTOR PERIOD Noise level at noise sensitive place measured as the adjusted maximum sound pressure level (LAmax, adj,T) 7am – 6pm Background noise level (LAbg,T) plus 5 dB(A) 6pm – 10pm Background noise level plus 5 dB(A) 10pm – 7am Inaudible NOISE LIMITS AT A COMMERCIAL PLACE PERIOD Noise level at a commercial place measured as the adjusted maximum sound pressure level (Lamax, adj,T) 7am – 6pm Background noise level (LAbg,T) plus 10 dB(A) 6pm – 10pm Background noise level plus10 dB(A) 10pm – 7am Background noise level plus 8 dB(A) When requested by Noosa Council, a Noise Impact Assessment Report (NIAR) showing monitoring and recording of noise levels must be undertaken to investigate any non-vexatious complaint caused by noise emissions from operations of the facility. Such monitoring must be undertaken and completed within a reasonable and practicable timeframe as nominated by Council and be performed by a suitably qualified and experienced person. The NIAR is to be submitted to Council detailing the results of such monitoring and recommendations for any measures to achieve compliance with limits outlined in Table 1 of this Decision Notice. Rectification works will be required within a reasonable timeframe as set by Council where equipment, air conditioning units, motors, electrical generators, compressors, etc exceed the Noise Limits of Table 1. Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with Australian Standard AS1055.1 “Acoustics – Description and measurement of environmental noise – General procedures”. For the purpose of measuring and certifying relevant noise conditions and reporting (eg. equipment, air conditioning units, motors, electrical generators, compressors, etc), a suitably qualified person is either: a Registered Professional Engineer of Queensland, or an environmental consultant with a minimum of 3 years current experience in the field of acoustics. Health and Safety The development must not, at any time during the life of the development, result in human exposure to environmental electromagnetic emissions exceeding the current regulations, standards and/or recommendations of the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA). The carrier of the infrastructure must provide, prior to commencement of use/transmission, written certification to demonstrate compliance with this condition. Certification must be based on full power transmission. Warning information signs and security fencing must be provided on the site to prevent unauthorised entry. Fencing must be camouflaged through the use of colours, materials and screening vegetation to blend the fence into the visual landscape. Colours and Finishes The monopole and associated panels must be finished in colours that blend in visually into the landscape. Cessation of Use The telecommunications facility must be removed from the site upon cessation of the use. Landscaping Plan Dense screening vegetation must be established to the full length of the lease area along the eastern side of the vehicle parking area and the southern side of the compound area (excluding area proposed for access track). The works must be undertaken in accordance with Council’s Landscaping Plants and Guidelines planning scheme policy. Such landscaping is to be completed prior to the commencement of the use and maintained at all times thereafter. The screening vegetation shall include: A minimum of 4 x 45L native local trees species, suitable for the site, planted with water crystals at a maximum of 2m centres to the full length of the lease area to the south (excluding location of proposed access track). Planting areas are to contain a minimum of 100mm of mulch at the time of planting; and A minimum of 6 x 45L native local trees species, suitable for the site, planted with water crystals at a maximum of 2m centres to the full length of the lease area to the east of the vehicle parking area. Planting areas are to contain a minimum of 100mm of mulch at the time of planting. Additional Conditions - 4 June 2020 Retention of Existing Trees and Vegetation The trees to be trimmed and identified as ‘A’ and ‘B’ on the approved plan 4GYM-51-36-C000-SK1 Revision A and dated 06.03.20 as annotated by Council, must be retained and trimming undertaken in accordance with the Australian Standard “Pruning of Amenity Trees” AS4373-2007, as amended from time to time. Water way protection Any construction and post construction activity is not to impact on the condition of the waterway, and is to be conducted so as not to breach the Environmental Protection Act EPA (1994) and the Environmental Protection (Water) Policy 2009. Currency Period The Currency Period for this development permit lapses if the use has not happened by the expiry of 6 years from the commencement of this approval, unless an application to extend the currency period is approved by Council Landscaping Works The development site must be landscaped. The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular: the works shown on the Approved Landscape Plans dense landscaping to screen the bulk and scale of the development from adjacent residences. All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth. All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached. All landscape works must be maintained generally in accordance with the approved design for the life of the development Additional Conditions - 4 June 2020 OPERATIONAL WORKS Development undertaken in accordance with this Operational Works 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 4GYM-51-36-C000-C3 B Site Setout Plan prepared by Aurecon (as annotated by Council) 05.03.2020 4GYM-51-36-C000-L1 A Landscaping Details Plan prepared by Aurecon (as annotated by Council) 21.06.2017 4GYM-51-36-C000-L2 A Landscaping Notes Plan prepared by Aurecon 21.06.2017 The Currency Period for this development permit lapses if the works have not commenced by the expiration of 2 years from commencement of this approval, unless an application to extend the currency period is approved by Council. Prior to commencement of works Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a pre-start meeting is 5329 6245*. The pre-start meeting must include the relevant parties for the following aspects of the works: Civil engineering works, including the supervising RPEQ and principal contractor. Erosion and sediment control works. Landscaping works. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to pre-start meeting. 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. Prior to the prestart meeting and any commencement of works, the principal contractor must have all the appropriate insurance and public liability documentation to carry out the works. The principal contractor is also responsible to ensure that any subcontractors also have the appropriate insurance and public liability documentation. A certificate demonstrating currency of a Public Liability Insurance Policy covering any risk arising from the proposed work must be submitted to Council prior to the prestart meeting. A condition report including photographs of the frontages of the work site and bordering fences must be completed and submitted to Council prior to the prestart meeting. A Construction Management Plan must be submitted to Council prior to the prestart meeting and must specifically address the following: Traffic Management during all aspects of the construct phase including: A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction commencing. Fencing to worksite/s during the construction phase of the development. Providing safe and adequate parking arrangements for all machinery and cars during construction phase without adversely impacting on the traffic flows, traffic safety and the availability of parking spaces in the local streets. Effective procedures and measures to minimise adverse environmental impact on other properties and roads users including noise and dust emission. Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures. Establishment of a communication and contact protocol with the neighboring owners, to advise of construction times, impacts on traffic and services and other relevant issues. During Construction Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to Council in writing within 5 business days of the change occurring. All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. All works must be constructed and work procedures undertaken in accordance with: The approved plans/documents and conditions detailed in this Decision Notice. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines. Provision of the Work Health and Safety Act and such other legislation as is applicable to workplace health and safety. 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. Vehicular Crossover and Driveway A sealed driveway crossover must be professionally designed and constructed generally in accordance with Council’s standard drawing RS-056 for Rural Driveway (no kerb, a bitumen edge) and its addendum i.e. 1.5m of driveway crossover abutting into existing road edge must be flexible pavement, NOT concrete; and must comply in particular with the following: Have a slip resistant surface Provided with a pipe crossing for the street stormwater drain in accordance with the standard drawing where it is required for not result ponding of stormwater within the road grassed verge Be located a minimum of 1m clear of any existing power poles and streetlights Have a minimum clearance of 500mm from any Unitywater/Telstra asset, unless a written approval is obtained from Unitywater/ Telstra The proposed driveway within 21 Jirrima Crescent must be provided to the site generally in accordance with, and centrally located within, the proposed access easement and must comply in particular with the following: Be constructed of Compacted Gravel or an alternative appropriate seal; Be constructed and finished in manner to be safe and durable for the intended use; To have a minimum width of 3 metres. Pavement design and construction must be undertaken in accordance with the relevant and applicable standards. The structural integrity and the ongoing maintenance of the crossover, driveway and parking areas will remain the responsibility of the property owner and/or the benefited user. Appropriate drainage measures must be provided to ensure that the works do not cause adverse impact on the existing drainage conditions on the subject and other properties (eg by diverting additional flows or causing additional stormwater ponding). Erosion and Sediment Control Effective 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 and in consultation with supervising engineer. The applicant must ensure non-essential exposure of soil is prevented by restricting the extent of works and minimising the duration of soil exposure to adverse weather conditions. Exposed areas must be effectively stabilised without delay prior to any predicted rainfall occurring and turfed as soon as practicable. Prior to the final inspection for operational works, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination. Certification and Final Inspection Upon completion of the work and prior to the final inspection by Council, a certificate must be issued by an RPEQ or a registered practicing engineer certifying that the works have been constructed in accordance with this permit and were undertaken in accordance with the relevant and engineering standards and applicable engineering practices. A final inspection of the driveway and completed reinstatement works by Council’s Inspector is required. Please contact Council on 5329 6244 to arrange for the inspection. Landscaping Works Landscape works must be supervised, undertaken and certified by qualified persons*. All works must be completed in accordance with this Decision Notice. (* Refer to Advisory Note) Where damage occurs to any Council asset as a result of the development works, it must be repaired immediately where it creates a hazard that presents risk to person or property. Other damage must be repaired prior to completion of works. Landscape works must: Comply with the approved landscape plans. Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled. Retention of Existing Trees and Vegetation All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites. Landscape certification of the completed works stating the works are in accordance with the approved plans, including photographs, must be provided to Council prior to the commencement of use. Additional Conditions - 4 June 2020 RECONFIGURING A LOT When Conditions Must Be Complied With The survey plan creating the access easement is to be sealed by Council and the easement registered on the title of Lot 46 on RP136461 prior to the commencement of the use. Approved Plans Development undertaken in accordance with this Reconfiguring a Lot 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 4GYM-51-36-C000-SK1 A Easement Plan prepared by Aurecon - As annotated by Council 06.03.2020 The Currency Period for this development permit lapses if the reconfiguration of a lot has not happened by the expiry of 4 years from the commencement of this approval, unless an application to extend the currency period is approved by Council. referral agencies In accordance with written advice from the State Referral and Assessment Agency (SARA), officers have determined that removal of the Waterway Barrier Works from the application in this instance does not require referral to the Department for the change application. On the Department’s advice, the original conditions of approval provided by the concurrence agency are not relevant to this approval. 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 on 07 3247 6212 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. Development Compliance Inspection Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection. Infrastructure Charges This Development Permit will not trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges). 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. Qualified Person Qualified Person, for the purpose of supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three years current experience in the field of landscape design. 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 Landscaping submissions No properly made submission about the application were received. 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 Approved Plans/Documents cc. Unitywater DECISION NOTICE HISTORY Original Decision Notice – 20 April 2017. Negotiated Decision Notice – 7 June 2017, with an amendment to conditions 12 and 16. Decision Notice – Other change - MCU16/0099.01 – 4 June 2020 – with additional conditions 17 – 22 MCU, with conditions 1 – 25 OPW and with conditions 1 -3 REC 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 10 of 11 [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 11 [word/footer4.xml] Page 11 of 11 [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 11 of 12 [Attachment: image2.png (image text)] ee) NOOSA COUNCIL
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