Council archive · source document
Negotiated Decision Notice MCU22 0174 · MCU22/0174
Officer: Tara Norley
Direct Telephone: 07 5329 6414
Our Reference: MCU22/0174
Your Reference: 002424
24 May 2023
Edward Street Development P/L
C/- RG Strategic Australia
PO Box 1818
NOOSA HEADS QLD 4567
[email protected]
Dear Sir/Madam
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On
24 May 2023, Council decided your representations. This negotiated decision notice replaces the
decision notice of 22 March 2023.
Details of the negotiated decision are as follows:
1. APPLICATION DETAILS
Application No: MCU22/0174
Street address: Kingston 1-2/23 Edward St Noosaville Qld 4566
Real property description: GTP 492, Lot 1 GTP 492, Lot 2 GTP 492
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council on 22 March 2023, decided to issue the following type of approval:
• Material Change of Use - Dual occupancy
In relation to representations, Council on 24 May 2023 decided to:
A. Agree to amend condition18.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. 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.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Currency Period
2. This development approval lapses if the use has not happened by 22 March 2029, unless
an application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Operational Works.
Plan No. Rev. Plan/Document Name Date
DD2.1 C Detailed Design Ground Floor Plan 08/02/2023
DD2.2 C Detailed Design First Floor Plan 08/02/2023
DD2.3 C Detailed Design Roof Plan 08/02/2023
DD8.3 C Detailed Design Perspective 3 08/02/2023
DD8.4 C Detailed Design Perspective 4 08/02/2023
DD8.5 C Detailed Design Perspective 5 08/02/2023
DD2.10C C Detailed design landscape plan Tim Ditchfield 08/02/2023
Architects
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
DD3.1 C Detailed Design Section A 08/02/2023
DD3.2 C Detailed Design Section B 08/02/2023
DD3.3 C Detailed Design Section C 08/02/2023
DD3.4 C Detailed Design Section D 08/02/2023
DD4.1 C Detailed Design East Elevation 08/02/2023
DD4.2 C Detailed Design North Elevation 08/02/2023
DD4.3 C Detailed Design South Elevation 08/02/2023
DD4.4 C Detailed Design West Elevation 08/02/2023
DD8.1 C Detailed Design Perspective 1 08/02/2023
DD8.2 C Detailed Design Perspective 2 08/02/2023
Amendments Separate the garages by a minimum of 2m or stagger the garage setback
by a minimum of 1m or vary the external finish of each garage to visually
‘break up’ this façade and further highlight the individual dwellings
consistent with PO14 and PO15 of the Medium Density Residential Code.
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Include an additional design element to the southern wall for the stairs to
add visual interest.
Detail the proposed roof pitch of the main roof of the building on the plans,
to be not less than 5 degrees.
*(Refer to Advisory Note)
Building Height
4. The maximum height of the development must not exceed 8 metres above the ground level.
5. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the building does not exceed the maximum height requirement of this Decision
Notice.
Performance Bond
6. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 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 Appearance
7. External finishes of the building must be a mix of lightweight and textured external finishes,
with masonry areas incorporating a variety of textured finishes to break up the surface.
8. All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or
the like thus remaining as open structures.
9. All balustrades to decks and balcony areas must be open or transparent.
10. External colours and finishes must be of an understated colour scheme and low-reflective
roofing and cladding materials.
11. All air conditioning units or other mechanical equipment must be fully enclosed or screened
such that they are not visible from the street frontages nor adjoining properties.
12. Waste storage areas, clothes drying areas and external storage areas must be screened
from view of the street.
Fencing and Walls
13. Any street fencing must not exceed 1.8 metres in height, be set back an average of 1 metre
and articulated to provide visual interest by stepping the design.
14. Any fencing on the front boundary must either:
a. not exceed a maximum height of 1.2 metres
b. be of open construction.
15. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
16. The proposed fill and side boundary fences must taper down to the front boundary to the
reasonable satisfaction of the Manager Development Assessment.
Protection of Privacy
17. The upper level terrace must include either balcony planter boxes, balustrading or fixed
external screens, positioned in such a way to obscure direct views into the private open
space areas of the adjoining property to the north as shown on the Approved Plans.
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Landscaping
18. 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:
a. Detailed landscape plans undertaken by a qualified person generally in accordance
with the works shown on the Approved Plans
b. 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.
c. landscaping feature trees (minimum 45 litre tree listed in Planning Scheme Policy
PSP2 Landscaping - Table SC6.3.4.1 – Primary Character Species) provided within
the eastern frontage landscape area.
d. vegetated screening of the eastern elevation from Edward Street, designed such that
30% of the eastern elevation will be softened at maturity.
19. 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.
20. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
Waste Management
21. A waste storage area must be provided in accordance with Planning Scheme Policy 9, Waste
Management and the Noosa Plan’s Waste Management Code, including an external
imperviously paved area correctly sized for all refuse and recycling containers and suitably
screened from public places and neighbouring properties.
Land Amalgamation
22. The site subject of the development must be amalgamated, prior to the issue of an
Operational Works approval.
Community Management Statement
23. Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
24. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice and, in particular, must include the following
additional clause:
a. The dwelling units are not permitted to be used for short term accommodation, unless
where identified as accepted development by the Noosa Plan or where there is a
Development Permit for Material Change of Use for Short Term Accommodation in
effect. Short term accommodation means the use of the premises for providing
accommodation of less than 3 consecutive months to tourists or travellers.
ENGINEERING
External Works
25. Edward Street must be upgraded for the length of its frontage to the subject site. The works
must be undertaken in accordance with an Operational Works approval and must include in
particular:
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a. construction of a pedestrian footpath in accordance with the conditions of this Decision
Notice; and
b. removal of the existing property access and reinstatement of the kerb, footpath and
verge area to match the balance of the site frontage, including the provision of topsoil
and turf where the existing verge is grassed.
Condition 25 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Site Access and Driveways
26. A sealed access driveway must be provided from Edward Street to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval and must be generally in accordance with:
a. For layout purposes, Drawing number DD2.1 C revision C prepared by Tim Ditchfield
Architects dated 8 February 2023;
a. For civil works, Drawing number 32091-OW4.1 revision A prepared by SCG Consulting
Engineers dated 30 November 2022;
b. For civil works, Drawing number 32091-OW4.2 revision A prepared by SCG Consulting
Engineers dated 30 November 2022;
c. For civil works, Drawing number 32091-OW4.3 revision A prepared by SCG Consulting
Engineers dated September 2022.
Car Parking
27. A minimum of 2 covered car parking spaces and 1 additional car parking space must be
provided on the site.
28. All car parking spaces and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
Pedestrian and Bicycle Facilities
29. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in particular
a 1.2 metre wide footpath within the road verge for the entire length of the site’s frontage to
Edward Street
Condition 29 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Stormwater Drainage
30. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with an Operational Works
approval and be generally in accordance with drawing number 32091-SW1.1 revision A
prepared by SCG Consulting Engineers dated 30 November 2022.
Condition 30 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Services
31. Reticulated electricity and telecommunication services must be provided to each dwelling in
accordance with the standards and requirements of the relevant service provider.
32. 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.
33. 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.
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Easements
34. 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.
35. 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.
36. 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
37. All earthworks and associated retaining structures must be undertaken in accordance with
an Operational Works approval.
38. All earthworks and associated retaining structures, both above and below ground level, both
temporary and permanent, must be contained entirely within the subject site unless written
permission from the respective landowner(s) is provided to Council.
Damage to Services and Assets
39. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. 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.
must first be referred to the relevant service authority for approval.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Development Compliance Inspection
1. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Resubmission of Amended Plans Required
2. The conditions of this Decision Notice require resubmission of plans to Council with
amendments. Please address the amended plans to Council’s Development Assessment
Branch with the Reference No. MCU22/0174, separate to any Operational Works application.
To avoid delays and assessment issues with the Operational Works application, it is
recommended the plan/s be resubmitted prior to lodgement of any Operational Works
application. However, should the plans not be submitted, the applicant is advised that a
Preliminary Approval may be issued in lieu of a Development Permit.
Sustainability
3. Council encourages sustainable and energy efficient building design for all development,
including the use of sustainable building materials, energy efficient fittings, solar hot water,
photovoltaic systems (including the use of inverter/charges), solar panels, water saving
devices and rainwater harvesting.
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Fires in Urban Areas
4. In urban areas fires are prohibited except where in an appliance is used for domestic heating
or cooking purposes, which must comply with particular standards. Any area identified as a
fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local
Law No. 3, Schedule 3. Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
Infrastructure Charges
5. 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
6. The QLeave levy must be paid prior to the issue of a Development Permit for Operational
Works 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
7. 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
8. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. traffic management during all aspects of the construction phase including:
i. a Traffic Management Control Plan in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction;
ii. maintenance of safe vehicle and pedestrian access for the areas affected by the
works during and after daily construction has ceased;
iii. proposed fencing to the site during the construction phase of the development.
b. maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures.
c. works programme identifying key components of the works and their respective
durations.
d. establishment of a communication protocol with the general public, adjoining owners
and emergency services to advise of agreed construction times, impacts on traffic,
services and other relevant issues.
e. Include a post out to the local residents advising of the proposed development, the
expected time frames and the site contact details.
f. Include signage in prominent locations on the boundaries of the site advising of the
proposed development and the site contact details.
g. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
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h. details on the location of external fill sites/sources, the haulage route, type of vehicle
to be utilised during filling operations and frequency of usage. NB any damage to the
existing road system as a result of haulage operations shall be fully repaired at the
applicant’s expense.
i. it is acknowledged that the preliminary Construction Management Plan will be a draft
document requiring finalisation upon appointment of the Principal Contractor employed
to construct the works and a final document will be required to be submitted at the Pre-
Start Meeting for the project.
Qualified Person
9. 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.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Access, Frontage works, Stormwater,
Earthworks, Landscaping
Development Permit for Building Works All building work (including demolition)
10. SUBMISSIONS
Not applicable.
11. 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.
12. 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
Tara Norley
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
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DECISION NOTICE HISTORY
• Original Decision Notice – 22 March 2023.
• Negotiated Decision Notice – 24 May 2023, with an amendment to condition 8.
cc. Unitywater
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (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 –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (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
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of 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
(2) The notice of appeal must be accompanied by the required fee.
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