Negotiated Decision Notice MCU21 0033

Officer: 	Tara Norley
Direct Telephone: 	07 53296486
Our Reference:	MCU21/0033
Your Reference:	20281
10 August 2021
Camtegan P/L TTE
C/- Project Urban
PO Box 6380
MAROOCHYDORE  QLD  4558
[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 10 August 2021, Council decided your representations. This negotiated decision notice replaces the decision notice of 28 June 2021.
Details of the negotiated decision are as follows:
APPLICATION details
Application No:	MCU21/0033
Street address:	31 Bottlebrush Ave Noosa Heads Qld 4567
Real property description:	Lot 136 RP 88934
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
decision details
Council on 28 June 2021, decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises  - Multiple Dwelling (one dwelling and three small dwellings)
In relation to representations, Council on 10 August 2021 decided to:
Amend conditions 20 & 21
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 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
SK03	C	Site Plan, prepared by K Architecture	17/05/21
SK04	C	Ground / Semi Basement Floor Plan, prepared by K Architecture	17/05/21
SK05	C	Level 1 Floor Plan, prepared by K Architecture	17/05/21
SK06	C	Level 2 Floor Plan, prepared by K Architecture	17/05/21
SK07	C	Level 3 Floor Plan, prepared by K Architecture	17/05/21
SK08	C	Roof Plan, prepared by K Architecture	17/05/21
SK09	C	West Elevation, prepared by K Architecture	17/05/21
SK10	C	North Elevation, prepared by K Architecture	17/05/21
SK11	C	East Elevation, prepared by K Architecture	17/05/21
SK12	C	South Elevation, prepared by K Architecture	17/05/21
SK13	C	Section 1, prepared by K Architecture	17/05/21
SK14	C	Section 2, prepared by K Architecture	17/05/21
SK15	C	Section 3, prepared by K Architecture	17/05/21
SK16	C	Section 4, prepared by K Architecture	17/05/21
SK17	C	Section 4, prepared by K Architecture	17/05/21
SK21	C	Exterior Finishes Palette, prepared by K Architecture	17/05/21
Currency Period
This development approval lapses if the use has not happened by 23 June 2027, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 12 metres above the natural ground level and 3 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 $50,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to pre-start meeting. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Nature and Extent of Approved Use
The approved Multiple dwelling is comprised of one dwelling and three small dwellings, in accordance with the administrative definition under Noosa Plan 2020.
The plot ratio of the development must not exceed 0.75:1, in accordance with the administrative definition under Noosa Plan 2020.
No part of the basement is to be more than 1 metre above ground level in accordance with the administrative definition under the Noosa Plan 2020.
The communal swimming pool in the front setback must not be used between the hours of 9:00pm and 6:30am the following day.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Building Appearance
All air conditioning units or other mechanical equipment:
where located at ground level, screened by fencing 1.5 metres in height or dense vegetation of at least 1.5 metres in width incorporating grouped trees and shrubs with a maximum separation distance of 1 metre measured from the centre of the plant;
where located above ground level, enclosed or screened such that it is not visible from the street frontage nor adjoining properties; and
visually integrated into the line and plane of the building and roof design and does not project beyond the height or width of the building when viewed from the street and adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
Materials and Finishes
Buildings and structures must use:
natural finishes wherever possible;
a mix of lightweight and textured external finishes;
masonry construction where variation is provided in texture and the façade uses a variety of finishes to break up the surface; and
open or transparent balustrades.
Fencing and Walls
Any street fencing must be generally in accordance with the Approved Plans, including:
being set back an average of 1 metre from the front property boundary and articulated to provide visual interest;
any fencing on the front boundary must ensure that the solid portion of the fences and walls is no more than 1.2 metres high.
Any side boundary fencing must not exceed 2 metres in height from ground level.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothesline which is screened from public view.
Protection of Privacy
To protect privacy between adjoining properties, the decks located on Level 2 and Level 3 must include batten screening of a height of not less than 1.7 metres above finished floor level, generally in accordance with the Approved Plans, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining properties.
Where windows overlook or have the potential to overlook the private open space of nearby properties or view into habitable room windows within 10 metres
windows are to have a sill height of not less than 1.5 metres above finished floor level; or
fixed translucent glazing be applied to any part of the window below 1.5m above floor level; or
fixed external screens.
Landscaping Works
The development site must be landscaped. The works must be undertaken in accordance with an Operational Works approval and Noosa Plan 2020 Planning Scheme Policy PSP2 Landscaping. In this regard, Landscape Plans must be provided to Council including the following:
landscaping provided to a minimum of 35% of the site area, and 60% of this is to be soft landscaping;
the landscaped area in the south eastern corner of the lot must be maintained at natural ground level and must be densely landscaped with native screening planting, for a depth of 1.8m to screen fencing and the swimming pool from the street;
shade trees and screening vegetation with layering of understorey plants and grasses must be planted for the length of the rear boundary;
narrow growing screening vegetation must be planted for the length of the side boundaries;
a minimum 1.5m landscape buffer is to be provided to the bin storage area, with feature pandanus and screening shrubs;
existing vegetation in the road reserve must be retained. An Arborist Report is to be provided regarding the condition of the existing street trees. Alternatively, if the street trees are required to be removed, a minimum of 2 streets trees must be provided, being advanced Banksia (robu, integrifolia or serrata);
a pedestrian access pathway into the site is not approved within the road reserve; and
trees to be retained must be protected from clearing or construction activities by:
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.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
engineering
Site Access and Driveways
A sealed access driveway must be provided from the formation in Bottlebrush Avenue 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:
a driveway crossover in accordance with Council’s Standard Drawing RS-051,
be generally in accordance with drawing number SC-8839, C003 Revision C prepared by Empire Engineering dated 18 May 2021, and
suitable safety measures, including warning signage, to improve driver awareness of pedestrians and enhance pedestrian safety. Warning signage must be provided near the exit to warn motorists of pedestrian movement along the frontage street
Car Parking
A minimum of seven car parking spaces must be provided and marked on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
carparking as indicated on the approved plans, and
be generally in accordance with drawing number SC-8839, C003 Revision C prepared by Empire Engineering dated 18 May 2021, and
one visitor parking space within the total, which are clearly marked for that purpose and accessible at all times for visitor use
dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004 Parking Facilities
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.
Stormwater Drainage
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 SC-8839, C003 Revision C prepared by Empire Engineering dated 18 May 2021
Services
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.
Geotechnical Stability
All works must be carried out in accordance with the recommendations contained in the Geotechnical Investigation Report No: 20370-001 Revision 0 prepared by Tectonic Geotechnical & Environmental Engineers dated 17 December 2020
Prior to the commencement of the use certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the recommendations contained in the Geotechnical Investigation Report No: 20370-001 Revision 0 prepared by Tectonic Geotechnical & Environmental Engineers dated 17 December 2020
*(Refer to advisory Note)
Earthworks and Retaining Walls
All earthworks and associated batters/retaining structures, both above ground and below ground level, temporary or permanent, 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.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
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
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:
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.
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.
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:
traffic management during all aspects of the construction phase including:
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
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues.
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill/dump 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
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.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Access, Stormwater, Drainage work, Earthworks 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

Yours faithfully,

Wilhelm Koschade
Development Planner

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 28 June 2021.
Negotiated Decision Notice – 10 August 2021, with an amendment to conditions 20 & 21

	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
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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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