Decision Notice - Approved by Delegation of Authority MCU17 0523 · MCU17/0523

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU17/0523 :
Your Reference:	n/a
20 December 2017
Coastal Building Certifications Pty Ltd
PO Box 890
BUDERIM  QLD  4556
[email protected]
Dear Sir,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 18 December 2017, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU17/0523
Street address:	Noosa Dunes 26/512 David Low Way Castaways Beach Qld 4567
Real property description:	Lot 26 SP 111721
Planning Scheme:	The Noosa Plan (3 July 2017)
Decision details
Council decided to issue the following type of approval:
Material Change Of Use - Detached House
CURRENCY PERIOD of approval
The currency period for this development approval is 4 years starting the day that this development approval takes effect.
assessment manager conditions
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.	Plan/Document Name	Date
C0.0	Site Plan, drawn by C Clout	19 July 2017
C1.0	Lower Floor Plan, drawn by C Clout	19 July 2017
C2.0	Ground Floor Plan, drawn by C Clout	19 July 2017
C3.0	Upper Floor Plan, drawn by C Clout	19 July 2017
C4.0	Elevations – East and West, drawn by C Clout	19 July 2017
C5.0	Elevations – North and South, drawn by C Clout	19 July 2017
C6.0	Section 1 & 2 , drawn by C Clout	19 July 2017
Plan of Development
The development must be carried out in compliance with the relevant requirements and provisions of the Plan of Development (No 67).
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 $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 Building 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.
Landscaping
All vegetation outside the building envelope must be retained where practicable.
All landscaping must be planted in accordance with the approved Landscape Plan and Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.
Trees in the road reserve must be protected from construction activities by:
clearly marking vegetation 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.
Site Access and Driveways
A sealed access driveway must be provided from the common property road formation to all parking and manoeuvring areas of the development. The works must be undertaken generally in accordance with drawing number 27195-DR1 prepared by SCG Consulting Engineers dated October 2017 and must include in particular:
a driveway crossover generally in accordance with Council’s standard drawings RS-049 and RS-050
the driveway constructed so as to not direct stormwater runoff from the common property road formation on to the subject site
the driveway constructed so as to not concentrate or direct stormwater runoff onto neighbouring properties
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the requirements of this permit.
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. The works must be generally in accordance with drawing number 3278-2 prepared by Construction Hydraulic dated 21 July 2017.
Electricity and Telecommunication 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.
Geotechnical Stability
All works must be carried out in accordance with the recommendations contained in the Site Classification Report reference number J17/01 prepared by Wagner Soil Testing dated 13 March 2017.
Earthworks and Retaining Walls
All excavation or fill and any associated batters must be and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
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 regard, 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.
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.
Following Construction
Upon completion of the works a certificate must be issued by an RPEQ certifying that the stormwater and driveway works have been constructed in accordance with the requirements of this permit
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 Site Classification Report reference number J17/01 prepared by Wagner Soil Testing dated 13 March 2017 and that the development has a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
Erosion and Sediment Control
Prior to the completion of the development, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination
Coastal Protection
Gates must not be installed along the eastern property boundary to gain direct access to the beachfront.
External colours and finishes of the building must comprise of muted/environmental tones 0523 that blend with the natural environment.
General
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
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

	Department of Environment and Heritage Protection (EHP)	Contaminated Land (unexploded ordnance)	The agency provided its response on 30 November 2017  (Reference No.: 1711-2553 SRA). A copy of the response is attached

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Detached House Driveways Code. A self-assessable application is required to be submitted to Council for the vehicle crossover OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.
property notes
Not applicable.
VARIATION approval
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Driveway – if not self-assessable
Development Permit for Building Works (Private Certification)	All building Works
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Referral Agency Response
Approved Plans/Documents
cc.	[email protected]

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
228 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.
(Refer to Schedule 1 of the Planning Act 2016)
(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.
229 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.
230 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.
231 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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