MCU14/0084 - Decision Notice

Officer:	Glen Conforti
Direct Telephone:	53296241
Our Reference:	GCONFORTI:
Your Reference:	1550 LO2 NG

13 March 2015

Universal Property Company Establishment
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567

Dear Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 12 March 2015, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU14/0084
Street Address:	71 Seaview Terrace Sunshine Beach  Qld  4567
Real Property Description:	Lot 1 RP 197117
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Detached House
Relevant period of approval
The relevant period for this development approval is 4 years starting the day that this development approval takes effect.
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, prepared by	Date
SK 02.02	P1	Survey Plan, prepared by NRA	23.10.2014
SK 03.01	P1	Level 1 Floor Plan, prepared by NRA	23.10.2014
SK 03.02	P1	Level 2, prepared by NRA	07.10.2014
SK 03.03	P1	Level 3 Floor Plan, prepared by NRA	23.10.2014
SK 05.01	P1	Section 1, prepared by NRA	07.10.2014
SK 05.02	P1	Section 2, prepared by NRA	07.10.2014
SK 05.03	P1	Section 3, prepared by NRA	07.10.2014
SK 05.06	P1	3D Views, prepared by NRA	07.10.2014

Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface and 2 storeys.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $40,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational 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.
Built Form
The proposal must incorporate a green roof as indicated on the approved plans.
Setbacks
Earth mounding for the green roof must not exceed 1m above the natural ground level within the southern boundary setback area.
The combined height of the block wall and the beam on top of the contiguous piles along the western boundary must not exceed 1m above the natural ground level.
The building must be setback 6m from the southern boundary, except for construction elements such as contiguous piling and the ‘dry zone’ which must be setback a minimum of 1.5m at the light court. The contiguous piling and the ‘dry zone’ to the east and west of the light court must be setback in accordance with the approved plans.
Landscaping
All landscaping works must be undertaken in accordance with an Operational Works approval and Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. A landscape plan prepared by a suitably qualified person must be submitted and include in particular:
further detail on the ‘green roof’ specific for the development
area of the roof that is proposed ‘green’ and areas that are proposed off form concrete
species list and density of plantings
incorporation of screening plants along the southern boundary adjacent to the light court and stairs
Existing trees on 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 3m of the building footprint.
No clearing is permitted within the Open Space Conservation zone.
All trees being retained and the Open Space Conservation zone must be protected from clearing or construction activities by:
clearly delineating the Open Space Conservation zone boundary with protective fencing
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.
Coastal Protection
External colours and finishes of the building must comprise muted/environmental tones that blend with the natural environment.
Vehicle Access
The construction and associated activities (deliveries, parking, etc.) must not impede the legal use of the access handle by any benefitted property or person.
Construction
A Condition Survey must be carried out on adjoining buildings, structures and services prior to any demolition, excavation or construction works taking place on site.  If distress already exists, a photographic survey should be undertaken, the distress measured and a plan to monitor changes to distress must be implemented. Copies of these surveys must be submitted to Council for its records.
A Construction Management Plan for the development must be submitted to and approved by Council at least 5 working days prior to the commencement of any Building works or at least 5 working days prior to the pre-start meeting for Operational Works.  The Construction Management Plan shall include but not be limited to:
site working hours
communication and consultation processes with surrounding premises.
control and suppression of –
noise
vibration;
dust;
odours and exhausts control; and
site working hours
employee and contractor induction and education processes.
A Traffic Management Plan for each separate construction phase of the development must be submitted to and approved by Council at least 5 working days prior to the commencement of any works or at least 5 working days prior to the pre-start meeting for Operational Works.  The Traffic Management Plan must include but not be limited to:
limiting the routes for the heavy vehicles to the major road network and define the route to the site
indicate provision for on-site and off-site parking and shuttle buses (if required) for the required workforce
indicate the location of loading and unloading areas within the site
indicate the location of any “holding” areas for heavy vehicles
operating hours.
Construction staff must not park within Seaview Terrace, the Council carpark in Seaview Terrace, McAnally Drive or any other surrounding street.  Parking must either be on site or at a suitable off-site location serviced via a shuttle bus.  Details must be included in the Traffic Management Plans for the site.
Earthworks
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP5 – Engineering Design Standards so as not to cause the additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.
The use of vibratory equipment of any kind is not permitted to be used (including vibrating rollers and the use of vibrating installation techniques for sheet piling and other construction vibrations caused by excavating, earthmoving or demolition machinery or other similar construction techniques) unless approved and supervised by a Certified Geotechnical Engineer.  Under such circumstances the operator of such equipment must at all times comply with the directions of the Geotechnical Engineer.
The excavation of the site and the construction of the proposed works must not have any adverse effects on the stability of adjoining buildings and/or structures and/or services and/or lands. In this respect, a Registered Professional Engineer Queensland must supervise the excavation of the site and the construction of the new works to determine whether any additional measures are required to protect the stability of adjoining buildings and/or structures and/or services and/or lands.
Site Stability
The design and construction of the development must be carried out generally in accordance with the Geotechnical Study prepared by Morrison Geotechnic Job: DE14/231 dated October 2014 and the “Structural Design Concept” Job No14517 Issue B prepared by TOD Noosa dated 29 July 2014. The documents must be revised to include the following:
a contingency plan and alternative design should the piled footing system as designed not be achievable due to unsafe working conditions or unexpected ground conditions
the document must be submitted to Council at the time of Operational Works approval.
Should the recommendations of the geotechnical report or contingency plan require any part of the works (including excavation, retaining structures, tie backs, etc.) to be temporarily or permanently constructed within any adjoining property, a letter of authority from the adjoining property owner(s) must be obtained prior to the issue of the building permit.
A suitably qualified and accredited consultant must undertake a detailed check to establish that a stable working platform has been constructed in accordance with the design prior to the use of heavy equipment or plant likely to cause vibrations on the site. Certification of the works to this stage must be provided to Council.
A suitably qualified and accredited consultant must undertake a detailed check to establish that the screw pile and CFA piles have been installed in accordance with the design and that the required pile capacities have been achieved. Certification of the pile systems must be provided to Council.
At the completion of the development a suitably qualified and accredited consultant must provide certification to Council that states that:
the development has been undertaken in accordance with the design
the development will not have any long term effects on the stability of the subject site or any adjoining properties
the site has a minimum factor of safety against landslip of 1.5.
Stormwater
A detailed stormwater drainage design prepared and certified by an RPEQ must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
the development must not cause an increase in the volume and velocity of waters discharged into the existing gully at the north of the house site in a Q2 (0.393AEP), Q5 (0.181AEP), Q10(0.095AEP), Q50 (0.020AEP)and Q100 (0.010AEP) rainfall event
all stormwater collected and outlet from the development (including the external catchment and driveway areas) must be outlet below the level of 26m AHD
stormwater outlets must not have potential to create concentrated flow paths or generate flows sufficient to erode or scour the loose surface sands
all stormwater outlet locations must include energy dissipaters designed in accordance with QDUM in conjunction with level spreaders constructed parallel to the contour to facilitate dispersed sheet to  disperse flows across the site to pre development velocities in a Q2 (0.393AEP), Q5 (0.181AEP), Q10 (0.095AEP), Q50 (0.020AEP) and Q100 (0.010AEP) rainfall event at the location where waters discharge from the level spreaders
include detail design which demonstrates that drain outlets do not have any realistic potential to create concentrated flow paths or generate flows sufficient to erode or scour the loose surface sands
stormwater infiltration pits are prohibited
excavation/filling for stormwater infrastructure within the Open Space Conservation zone must:
be undertaken by hand and not by mechanical means
be aligned  and located to avoid disturbance to existing vegetation
the exact alignment of infrastructure must be determined onsite with a Council delegate
include Erosion and Sediment Control measures in accordance with industry best practice (IECCA and the Manual for Erosion and Sediment Control Volume 1.2 by Sunshine Coast Regional Council) to demonstrate that erosion is unlikely to occur during the construction phase of the development
Until such time all construction, landscaping and building works are complete and the site is effectively stabilised, construction and vegetation clearing activities must be managed such that appropriate emergency stabilization measures are retained on the site and implemented prior to rainfall to prevent erosion.
Pool water overflow must be discharged to sewer.
All site fencing must be installed and maintained to facilitate natural overland flows. Fencing must not cause collection and concentration of stormwater flows.
General
Any damage caused to any public utility during the course of construction must be repaired to council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site must be at no cost to Council.
The transportation of all materials to and from the site must be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site must be covered to prevent materials including dust being windblown from the vehicle.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DSDIP Mike Ahern Government Building 12 First Avenue MAROOCHYDORE  QLD  4558 Online: Mydas (at www.dsdip.qld.gov.au) Email:[email protected]	Residential Use Greater than 1000m² in a Coastal Management District	The agency provided its response on 30 January 2015 (Reference No. SDA-1114-015945.  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.  QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
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.
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.
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.
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.
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 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 Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Operational Works.
Development Permit for Building Works.
self assessable codes
The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.

Not Applicable
submissions
Not Applicable
reasons/grounds for approval
Not Applicable
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)

OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully

Denis Wallace
Acting Manager Planning & Environment

cc	Unitywater

SARA at DSDIP
Mike Ahern Government Building
12 First Avenue
MAROOCHYDORE  QLD  4558
Online: Mydas (at www.dsdip.qld.gov.au)
Email:[email protected]

Enc:	Referral Agency Response (attached under separate cover)
Approved Plans/Documents (attached under separate cover)
Appeal Rights

	Referral Agency Response SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

Attached under separate cover

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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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
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MCU14/0084

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