Decision Notice - Approved by Delegation of Authority MCU20 0022 · MCU20/0022

Officer: 	Patrick Murphy
Direct Telephone: 	61753296436
Our Reference:	MCU20/0022 : JElder
Your Reference:	471/MCU/RA/24/03/2020
23 October 2020
Pace Planning Pty Ltd
9 Panorama Ridge Rd
BUDERIM  QLD  4556
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 20 October 2020, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU20/0022
Street address:	292 Illoura Place Cooroibah Qld 4565
Real property description:	Lot 7 RP 858525
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Visitor Accommodation - Type 3 Rural (3 Cabins)
CURRENCY PERIOD of approval
The currency period for this development is included in the following conditions.
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
190218a Sheet 2	E	Site Plan, drawn by G.J Gardner Homes as annotated by Council	11.08.2020
190218a Sheet 3	E	Site Plan Detail, drawn by G.J Gardner Homes as annotated by Council	11.08.2020
0920CAC Sheet 3	-	Floor Plan, prepared by Accolade Building Designs	22.09.2020
0920CAC Sheet 4	-	Elevations, prepared by Accolade Building Designs	22.09.2020
19352	-	Bushfire Management Plan prepared by Wollemi Eco-Logical	13/03/2020
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 20 October 2026, 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 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.
Building Design
The cabins and associated structures must be finished with muted tones that blend with the surrounding natural environment.
Nature and Extent of Approved Use
The total number of cabins on the site must not exceed 3.
The approved use must be used for short term visitor accommodation only. The cabins must not be occupied by persons for the purpose of permanent accommodation.
The site must not be used for events, functions or the like (e.g. weddings, parties, festivals etc.)
No cabin is to be located within the Riparian Buffer, as identified in the Noosa Plan (2006)
Water Supply
The development must be provided with a potable water supply connected to each cabin.
The storage capacity of the potable water supply must be a minimum of 4000 litres per cabin.
Waste Water Treatment and Disposal
The development must be provided with on-site waste water treatment and effluent disposal systems having a capacity sufficient for the use*. Effluent disposal from the development must be provided in accordance with Council’s applicable codes and guidelines and in compliance with relevant standards. No effluent disposal area is to be located within the Riparian Buffer identified by the Noosa Plan 2006.
*(Refer to Advisory Note)
ENGINEERING CONDITIONS
Site Access and Driveways
A sealed access driveway must be provided from Illoura Place to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
The access located generally in accordance with drawing number 075-001-101 Revision B prepared by BAX Engineering dated 29 June 2020
a driveway crossover generally in accordance with Council’s standard drawing RS-056 together with any associated addendum
reshaping of the adjacent verge area to ensure that stormwater runoff is not directed on to the road formation or any adjoining property
The internal access driveway must be constructed in accordance with an Operational Works approval and must include in particular:
An access driveway generally in accordance with drawings numbered 075-001-103 Revision B, 075-001-104 Revision B, 075-001-105 Revision B and 075-001-106 Revision prepared by BAX Engineering dated 29 June 2020
A passing bay, with a minimum width of 5.5m and with suitable tapers, constructed approximately midway between the front carparking area and carspace CP1 and outside of any vegetated area
Signage near the entrance to the site advising exiting vehicles to “Give Way” to entering vehicles
Car Parking
A minimum of 4 car parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Car spaces generally in accordance with the approved plans, with the exception of the 4 additional spaces located adjacent to the front boundary which are not approved.
All car spaces must be provided to the west of the Riparian Buffer.
crossfalls and gradients in accordance with Australian Standard AS2890.1:2004
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
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.
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 and Retaining Walls
All fill and associated batters 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.
ECOLOGICAL EONDITIONS
Riparian Buffer Area
No development is permitted in the mapped riparian buffer area (Noosa Plan 2006), except for:
the provision of a maximum 6m wide access as per approved Bushfire Management Plan, including services adjacent to the eastern boundary.
A passing bay as required by condition 15
Implementation of the Asset Protection Zones as described in the approved Bushfire Management Plan
Any landscape screening required to be provided by these conditions.
A “no clearing zone” must be established and maintained over the area identified as Riparian Buffer on the Approved Plans. This area must be clearly marked out on site during construction activities. The following activities must not be carried out within the no clearing zone:
clearing, cutting down, poisoning, lopping or pruning of native vegetation which is indigenous to, or planted within, the zone
soil/spoil dumping and/or compacting
placement of any material, vehicle or alike soil excavation, other than for planting indigenous native plants.
The following exceptions apply:
works authorised by this permit.
declared plants under the Land Protection (Biodiversity Act 2014 and sub-ordinate Regulation 2016).
Plants listed in Noosa Local Government Area Pest Management Plan 2015-2019.
indigenous native trees which pose a well-founded threat to persons or property as approved in writing by Council.
implementation of the approved Bushfire Management Plan.
undertaking vegetation maintenance activities.
controlled bushfire burns to maintain ecological processes subject to submission of a Bushfire Management Plan and agreed in writing by Council.
Bushfire Management
The development must be carried out in accordance with section 4 of the Bushfire Management Plan report listed within this Decision Notice, with the following amendments included:
Provision of the screening local native vegetation to the eastern boundary.
A bushfire evacuation plan for the site must be prepared by a qualified person*
The report must be resubmitted to Council incorporating the above amendments prior to the issue of any Development Permit for Operational Works.
*(Refer to Advisory Note)
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the bushfire management conditions of this Decision Notice, prior to the commencement of use.
*(Refer to Advisory Note)
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Planning Scheme Policy 3 Landscaping Plants and Guidelines, prepared by a qualified person*,and must include in particular:
An average of 2 metre wide landscaping strip along the eastern boundary of the subject site, exclusive of the access driveway, generally uncompromised by infrastructure items.
The 2 metre wide landscaping strip described above must commence 15m north of cabin 1 and finish no less than 15m south of cabin 3.
Retention of existing local native vegetation which provides visual screening of the cabins from the adjacent property.
Screening vegetation between each cabin, where not conflicting with prescribed asset protection zones as document in the approved Bushfire Management Plan.
*(Refer to Advisory Note)
All landscape works must be established prior to the commencement of use 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.
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:
COVID-19
This development approval has been issued during the COVID-19 applicable event declared under 275F of the Planning Act 2016.
The period for undertaking the approved development may be subject to a further extension of 6 months under section 275R of the Planning Act.
Qualified Person
For the purpose of preparing a Landscape Plan, a qualified person is considered to be a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
For the purpose of preparing a Bushfire Management Plan, and for certifying compliance with the bushfire requirements of this Decision Notice, a qualified person is considered to be an ecologist with a minimum of 3 years current experience in the field of bushfire assessment and management.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
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
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:
Machinery and construction staff parking
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe pedestrian and vehicle access across the frontage of the site both during daily construction and after daily construction has ceased.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority
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.
Waste Water Treatment and Disposal System
The establishment of a waste water treatment and disposal system for the site requires a Compliance Permit to be obtained from Council under the Plumbing and Drainage Act 2002. The system must be designed in accordance with the Queensland Plumbing and Wastewater Code (Department of State Development and Infrastructure & Planning, 2007) and Australian Standard AS/NZS1547: 2000 “On-site Domestic Wastewater Management” or an alternative solution approved through Council’s Building and Plumbing branch. Where a development exceeds the accommodation or use of 21 or more equivalent persons a copy of an Operator’s Licence from The Department of Environment & Heritage Protection will also be required.
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
MCU20/0022– No Clearing Zone
A “no clearing zone” applies to this property for the purpose of vegetation protection. The landowner must maintain the property in accordance with the ecological preservation conditions of Council Approval MCU20/0022.
MCU20/0022– Bushfire Management
To ensure the safety of people and property on this property is maintained, all buildings and structures must be sited and/or constructed in accordance with the bushfire management conditions of Council Approval MCU20/0022 and associated Operational Work approvals.
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, Internal Roadways, Carparking and Landscaping
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,

Patrick Murphy
Coordinator Planning

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Unitywater

	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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