Decision Notice - Approved by Delegation of Authority RAL22 0017

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	RAL22/0017
Your Reference:	3976
2 November 2022
Eagle Surveys Pty Ltd
37 Gwandalan Rd
LAKE MACDONALD  QLD  4563
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 1 November 2022, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	RAL22/0017
Street address:	4 Hill St Pomona Qld 4568
Real property description:	Lot 6 RP 35080
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot – Residential (1 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
3976 ROL-A	-	Subdivision Proposal Plan, prepared by Eagle Surveys	24/05/2022
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
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 1 November 2026, unless an application to extend the currency period is approved by Council.
Property Access and Driveways
A residential driveway must be constructed to each lot. The works must:
Lot 3
A crossover generally in accordance with Council’s Standard Drawings RS-049 and RS-050 together with any associated addendum. The crossover constructed in accordance with a DTMR (Road Access Works Approval).
Lot 4
For that part in the road reserve, a crossover generally in accordance with Council’s Standard Drawings RS-049 and RS-050 together with any associated addendum. The crossover constructed in accordance with a DTMR (Road Access Works Approval).
For that part within the site, a 3m wide concrete pavement in accordance with The Noosa Plan 2020 – Planning Scheme Policy 6 Engineering Design Standards and extending for the full length of the access handle. The works must be undertaken in accordance with an Operational Works approval.
All vehicles must enter and exit the lot in a forward gear. The design of the residence must provide sufficient area for on-site manoeuvring of vehicles and provide at least one visitor space clear of the access driveway to the lot.
A property note will be added to Council’s rates records for Lot 4.
Stormwater Drainage
The lots must be provided with a stormwater drainage system connecting to a lawful point of discharge and/or 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 an Operational Works approval and be generally in accordance with The Servicing Statement prepared by Ferg & Roeds dated 28 July 2022.
A property note will be added to Council’s rates records for Lot 4.
Condition 7 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
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
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
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.
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.
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 (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement;
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.

Street Trees
A minimum of 2 street trees are provided per lot or every 8 metres of frontage per lot, whichever is the greater.
The existing vegetation in the road reserve must be retained.
Services
Underground 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.
Earthworks and Retaining Walls
All earthworks and associated batters must be undertaken in accordance with an Operational Works approval and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
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 (Planning Regulation 2017) - Development application for a reconfiguring a lot within 25m of a state-controlled road	The agency provided its response on 23 September 2022 (Reference No. 2208-30528 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:
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.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe vehicle and pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
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
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
property notes
RAL22/0017 - Property Access Driveway and Carparking
The following notation applies to approved lot 4:
Private Certifiers, owners and prospective purchasers are notified that special access and carparking requirements apply to this parcel of land. Contact Council's Planning Department for Details. (refer to Council Approval RAL22/0017).
RAL22/0017 – Stormwater
The following notation or similar applies to approved lot 4:
There is a drainage structure located within the property. All roof water from structures built on the property is to be piped to connect to the drainage structure. Maintenance of the drainage structure is the responsibility of the property owner.
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	Access, Stormwater, Drainage work, Earthworks, Landscaping, Vegetation Clearing and Planting on road reserve.
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
Infrastructure Charge Notice
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])

Unitywater

	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 13

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Queensland
Sonernment

SARA reference: 2202-90628 SRA
(Council eference:  RAL220017
‘Applicant reference: 3078

23 September 2022
‘Noosa Shire Council
POBox 141

TTewantin Qld 4565
‘[email protected]

Attention: Lisa Pienar

Dear Lisa Pienar
SARA response—4 Hill Street, Pomona
(Referral agency response given under section 58 ofthe Planning Act 2016)

“The development application described below was confirmed as property referred by the State
‘Assessment and Referral Agency (SARA) on 18 August 2022.

 

 

Response

‘Outcome: Referral ageney response — with conditions,

Date of response: 23 September 2022

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

Avice: ‘Advice tothe applicant's in Attachment 2.

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

Development details

Description: Development permit for reconfiguring a lot (1 into 2 lots)

‘SARA role: Referal agency

‘SARA tigger: ‘Schedule 10, Part 9, Division 4, Subdivision 2, Table 1 (Planning

Regulation 2017) - Development application fora reconfiguring lot
within 25m ofa state-controlled road

‘SARA reference: 2208-30528 SRA
Assessment Manager: "Noosa Shire Council

‘South East Queensland (Nor) regional
oe

ike Aer Buicng Level 9, 12 Fist
‘Averae Martyr
Page 1087 POBox 1128, Maroochydore QLD 4555


[Attachment: image4.png (image text)]
‘Street address:
Real property description:
‘Applicant name:

‘Applicant contact details:

‘State-controlied road access

Representations

‘20820508 SRA

4 Hill Street, Pomona
GRP3S080

Eagle Surveys Ply Ltd
137 Gwandalan Road

Lake Macdonald QLD 4563

‘[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: TMR22.037172

+ Date: 19 September 2022

1f you ae seeking further information onthe road access permit,
please contact the Department of Transport and Main Roads at
[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 Leanne Simpson, Senior Planning Officer, on $352 9707 or via
‘email SEQNorthSARA@dsdigp qld.gov au who willbe pleased to assist.

‘Yours sincerely

eu

‘Manager

ce Eagle Surveys Fy Lid, [email protected]

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

‘State Aasessment an Refer Agnoy Page 207

 


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Attachment 1—Referral agency conditions

‘08. 20628 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

 

Development permit - Reconfiguring a lot (1 into 2 lots)

 

“Schedule 10, Part 8, Division 4, Subdivision 2, Table 1 - The chief executive administering the
Planning Act 2016 nominates the Director-General of Department of Transport and Main Roads to be
the enforcement authority forthe development to which this development approval relates for the
administration and enforcement of any matter relating to the following condition(s)

 

‘Stormwater management

 

1 (a) Stomwater management of the development must ensure
‘no worsening or actionable nuisance to the state-controlled
road.

(b) Any works on the land must not
(create any new discharge points for stormwater
runoff onto the state-controlled road;
(interfere with andior cause damage to the existing
stomwater drainage on the state-controlled road;
‘

surcharge any existing culvert or drain on the state
(¥) reduce the quality of stormwater discharge onto the

 

‘controlled road,

(@)and (b) Atal times

 

 

‘accordance with the Subdivision Proposal Pian, prepared by
Eagle Surveys, dated 24-5-2022, reference 3976 ROL and
revision A.

(b) Road access works comprising a vehicle crossing —
residential driveway (atthe road access location) must be
provided generally in accordance with the Subdivision
Proposal Plan, prepared by Eagle Surveys, dated 24-5-2022,
reference 3976 ROL and revision A.

{c) The road access works must be designed and constructed in

accordance with:

(i) Institute of Public Works Engineering Australasia,
‘Standard Drawings RS-049, Rev C and RS-050,
Rev Gand

(® Department of Transport and Main Roads’ Road
Pianning Design Manual 2nd Eciton,

 

 

state-controlled road.
‘Vehicular access to state-controlled road
2. (a) The road access locations, are to be located generallyin | (a) Atallimes

 

(©) and (c) Prior to the
commencement of use

 

 

‘State Aasessment an Refer Agnoy

Page Set?

 


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‘08. 20628 SRA

Attachment 2—Advice to the applicant

 

General advice |

 

1

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

 

Further development permits required

 

2.

Road works approval: Under section 33 of the Transport infrastructure Act 1994, witten|
approval is required from the Department of Transport and Main Roads to cary 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

 

Jw im ald gov aulCommuni
matiers-requirng-approvalfroadworke

 

 

 

Public utility works and connection approval: The applicant is advised that if any works
‘andlor connections are required to public uility services within a State-controlled road corridor,
‘approval must be given by the Department of Transport and Main Reads under the relevant
Public utility legistation (electricity, water/sewer, telecommunication), and in accordance with
"TMR technical standards (TN163). Approvals must be obtained prior to commencing any utility
‘works within the state-controlled road corridor. Please contact the public utility team via
ostheoast@tmy qld,gov.au for further information on the application and approval process.

 

 

‘State Aasessment an Refer Agnoy Page dof7


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‘20820508 SRA

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

‘The reasons for the department's decision are:

“The proposed development seeks to reconfigure an existing residential lot nto two residential lots.
“The existing dwelling is to be retained on the front lot, with a vacant lot created to the rear including
{an access handle to Hil St, a state-controlled road

‘+ Separate driveway access is proposed via Hil Street for each proposed lot, therefore an access
decision under $624 of the Transport infrastructure Act 1994s required.

‘+ The proposed development triggers assessment against State code 1: Development in a state-
controlled road environment of the SDAP.

‘+ The proposed access locations are suitably located so as not to adversely impact or cause safety
isoues on the state-controlled road network

‘+ The proposal achieves the requirements of State code 1, subject to conditions relating to minimum
design standard for construction of driveway access to each lot rom the state-controlled road, and no
‘worsening of stormwater runoff onto the state-controlled road,

‘Material used in the assessment of the application:

“The development application material and submitted plans
Planning Act 2016

Planning Regulation 2017

“The State Development Assessment Provisions (version 3.0), as published by the department
“The Development Assessment Rules

‘SARA DA Mapping system

Human Rights Act 2019

‘State Aasessment an Refer Agnoy Page Sof7

 


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ot 6 on RPSSOBO

#4 HU Stree

evel Ootum: PSMT63260
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PLANS AND DOCUMENTS yi
teferred to in the REFERRAL,
AGENCY RESPONSE

SARA ref; 270590528 5m,

 

 

Date: 23 Sesame 2022

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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ee) NOOSA COUNCIL