Decision Notice - Approved by Delegation of Authority MCU22 0195 · MCU22/0195

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU22/0195  :
Your Reference:	36014
23 February 2023
Chris Clout Design Pty Ltd
C/- Coastal Building Certifications Pty Ltd
10 AKOUNAH CRES
BUDDINA  QLD  4575
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 20 February 2023, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU22/0195
Street address:	Noosa Dunes 19/512 David Low Way Castaways Beach Qld 4567
Real property description:	Lot 19 SP 111721
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dwelling house (Coastal Protection)
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.
Plans and Documents
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
C1.0	-	Site Plan, prepared by Chris Clout Design (as annotated by Council)	09/12/2022
C1.1	-	Lower Floor Plan, prepared by Chris Clout Design	09/12/2022
C1.2	-	Ground Floor Plan, prepared by Chris Clout Design (as annotated by Council)	09/12/2022
C1.3	-	Upper Floor Plan, prepared by Chris Clout Design	09/12/2022
C2.0	-	Elevations, prepared by Chris Clout Design	09/12/2022
C2.1	-	Elevations, prepared by Chris Clout Design	09/12/2022
C3.0	-	Section prepared by Chris Clout Design	09/12/2022
C3.1	-	Section, prepared by Chris Clout Design	09/12/2022
C3.3	-	Section, prepared by Chris Clout Design	09/12/2022
C4.0	-	Areas (GFA), prepared by Chris Clout Design	09/12/2022
	01	Landscape Concept, prepared by JRLD Design & Landscape (as annotated by Council)	December 2022

Currency Period
This development approval lapses if the use has not happened by 20 February 2029, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed an RL44 (8 metres) above ground level.
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.
POD
All building works must be wholly contained within the building envelope applying to the site.
The developer is to undertake construction practices that prevent damage and destruction of vegetation outside the building envelope.  To this end, the building envelope is to be delineated by tape or other means to limit encroachment by builders into the protected area.

Landscaping
Existing vegetation on the site must be retained within the ‘Natural Vegetation in Lots to remain untouched’ area as shown on the POD (with the exception of the access driveway).  In this regard when excavating earthworks batters must not extend into the ‘Natural Vegetation in Lots to remain untouched’ area.  These areas are to be further landscaped in accordance with the approved plans (as annotated by Council).  Turf cannot replace existing vegetation.
The Archontophoenix cunninghamiana’s are to be substituted with suitable species which are as follows:
Acronychia imperforate
Alectryon coriaceous
Syzygium oleoseum
Melaleuca quinquenervia
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.
Coastal Protection
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
All lighting associated with all works approved as part of this application must be positioned and managed to reduce sky glow and light spill onto the beach to minimise disruption to turtle nesting and sea-finding behaviour of hatchlings. Management measures include reduced intensity, long wavelength lights; shielded, low to the ground, and directed onto areas of interest; low reflectance building surfaces and paint; and tinted external glass. The following are to be incorporated into the works approved as part of this application:
All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE) must have 15% visible light transmittance tinting.
All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE) must be fitted with opaque blinds, to be drawn from 8pm during turtle nesting and hatching season (October – May).
All outdoor lights must have a maximum of 2700 K correlated colour temperature (CCT). All indoor lights must have a maximum of 3000 K CCT. All lighting (interior and exterior) must avoid the use of halogen, metal halide, or fluorescent lights.
Amber LED (590-610 nm) or low pressure sodium lighting must be used as a standard. Warm white is to be used only where colour rendition is required.   LED lights must not contain short wavelength blue light and supplier should be asked to provide spectral power curve of requested LEDs to prove the absence of short wavelengths.
The number and wattage of lights must be minimised.
All lights must be recessed into structures and roof, and directed away from the turtle nesting habitat.
No lighting is permitted on the roof of the building.
All outdoor lights, including balcony lights, must be turned off between 8:00pm and sunrise during turtle nesting and hatching season (October – May).
External feature lighting to the building must be positioned below 10 metres in height and turned off between 8:00 pm and sunrise during turtle nesting and hatching season (October – May).
No upward lights or vertical illumination of the building, vegetation or other structures using lighting that shines into the sky to be used.
Where lighting is required for safety purposes (including all corridors above ground level, stairwells, entry points etc.), the lighting of these areas must be activated by proximity sensors or motion detectors with an associated deactivation of the lighting after no more than 10 minutes during turtle nesting and hatching season (October – May). For lighting in other areas, timers, proximity or motion activated light sensors must be used wherever possible.
No decorative outdoor lighting is to be fitted to the buildings, open space or recreation areas (e.g. Fairy/Christmas lights) during nesting and hatching season (October – May).
Pool lighting must be switched off after 8:00pm during nesting and hatching season (October – May).
All exterior lighting must be shielded by a minimum of 30 cm vertical shielding.
Pedestrian Access
Gates must not be installed along the eastern property boundary to gain direct access to the beachfront.
ENGINEERING
Site Access and Driveways
A sealed access driveway must be provided from Marcus Dunes Court to all parking and manoeuvring areas of the development. The works must be undertaken in accordance the conditions of this Decision Notice and must include in particular:
a driveway crossover generally in accordance with RS-049, RS-050 and any associated addendum; and
be generally in accordance with SCG Consulting’s Driveway Levels (32303-OW2.2) and Driveway Details (32303-OW2.3) plans dated December 2022.
The areas of common property adjacent to the proposed driveway must be smoothly transitioned to ensure no trip or fall hazards are created within the common property as a result of the proposed works. Any reshaping of the road reserve must be contained to the prolongation of the property boundary and must be done so without the use of any retaining structures.
Car Parking
A minimum of 2 car parking spaces must be provided on the site. The works must be undertaken in accordance with the conditions of this Decision Notice and must include in particular:
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities; and
be generally in accordance with Chris Clout Design’s Ground Floor Plan (C1.2) dated 9 December 2022.
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 the conditions of this Decision Notice and must:
adhere to the recommendations made in SCG Consulting’s Slope Stability Assessment Report (32303(SL)) and Soil Test and Footing Report (32303(S)) dated 13 December 2022; and
be generally in accordance with SCG Consulting’s Stormwater Management Plan (32303-SW1.1) and Stormwater Details (32303-SW1.2) dated December 2022.
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.
Geotechnical Stability
All works must be carried out in accordance with the recommendations contained in section 5 of SCG Consulting’s Slope Stability Assessment Report (32303(SL)) and section 5 of SCG Consulting’s Soil Test and Footing Report (32303(S)) dated 13 December 2022.
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.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
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.
The development of the site must not adversely impact of the stability of the adjoining properties (land, buildings, associated structures, services and vegetation). Prior to the commencement of earthworks, a dilapidation report must be undertaken for all neighbouring properties. The report must be prepared by a suitably qualified person and contain construction methodology recommendations which are adhered to during construction.
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
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 4, Division 3, Table 1 (Planning Regulation 2017) (Contaminated Land – Unexploded Ordnance)	The agency provided its response on 3 February 2023  (Reference No. 2301-33052 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:
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
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
Fires in Urban Areas
Please note that in urban areas of the Noosa Shire Council area, fires are prohibited except where in an appliance 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
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 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,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Referral Agency Response
Approved Plans/Documents

cc.	[email protected]
Unitywater

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	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
				Page 1 of 4

[Attachment: image3.png (image text)]
 

Queensiand
‘Government

‘SARA reference: 2201-20052 SRA
CCounci reference: MCU220106,
‘Applicant reference: 36014

3 February 2023,

(Chiet Executive Officer
"Noosa Shire Council
POBox 141

“Tewantin QLD 4565
‘[email protected]

Attention: Lisa Pienaar
Dear SiMadam

SARA referral agency response—512 David Low Way,

Castaways Beach
(Fete ageny response given under scion 56 ofthe Planing Act 2016)

“The development application deseribed below was confirmed as propery referred by the State
‘Assessment and Referral Agency (SARA) on 25 January 2023.

Response

‘Outcome: FReferal agency response — with conditions

Date of response: ‘3 February 2023

Condens: “The conctions in Attachment 4 must be attached fo any
evelopment approval

ei: ‘Advice tothe applicant is in Atachment 2

Reasons: ‘The reasons forthe referral agency response are in Attachment 3

Development details

Description: Development permit Material change of use for new dwelling

‘SARA role Referal agency

‘SARA tigger: ‘Schedule 10, Part4, Division 3, Subvision 1, Table 1 (tanning
Reguation 2017)

gu ast unensan a ragons
{eve 4 Founaaten Pace 3 sou Sea
‘Sanat way, Maroenyaore

Page tors PO por 1128 Mareecnyeore QLD 4558

 


[Attachment: image4.png (image text)]
Contaminated premises (unexploded ordnance)

‘SARA reference: 2301-39052 SRA
Assessment manager "Noosa Shire Counc
‘Stret aderes: 512 David Low Way, Castaways Beach
Real property description: Lot 180n SP111721
‘Applicant name: ‘Chris Clout C/- Coastal Building Certifications
Applicant contact details: 10 Akounah Crescent
BUDDINA QLD 4575,
rmichael@coastabuild com au
‘Human Rights Act 2019 consideration ofthe 23 fundamental human rights protected under
considerations ‘the Human Rights Act 2019 has been undertaken as pat ofthis
decision thas been detemined that this decision does not mit
human rights.
Representations

“Tn applicant may make representations fo a concurrence agency, alany tme before the applications
<decided, about changing a matter in the referral agency response (s.30 Development Assessment
Rules). Copies ofthe relevant provisions are in Attachment 4.

‘A copy ofthis response has been sent tothe applicant for their information.

FFor further information please contact Jodie Wiison, Senior Planning Officer, on 5352 9778 or via email
‘SEQNothSARA@dsdiigp qld. gov.au who will be pleased to assist.

‘Yours sincerely

HM

Jamaica Hewston

Manager

(22 Chris Clout Ci Coastal Busing Centfcatons, ichsel@enastabuldcom au

lene Attachment 1-Rafersl agency condition
‘tachment 2- Adios tothe appicant

‘Atachmant 3- Reasons fr referral agency response
‘Altachmant 4 Representations about a refaral agency response provisions

ate Areacovent and Ree! Agenoy Page nets


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Attachment 1—Referral agency conditions
“Tier sation Eo) he Fanning Act 2076 te oliwng Conaions WaT bs HSCS Sy GEOSTETE—

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raising to this appiation)

 

Conditions

‘Condition timing

 

Material change of use

 

1043.

develo

pment approval relates for the administration and enforcement of any matter

following condition:

“1- Premises contaminated because of unexploded ordnance—The chief executive
‘administering the Planning Act 2016 nominates the Department of State Development, Infrastructure,
Local Government and Planning tobe the enforcement authority forthe development to which this

relating tothe

 

1

Provide written confirmation tothe Department of State Development,
Infrastructure, Local Government and Planning by an approved contractor
‘on the Australian Government, Department of Defence, Unexploded
Ordnance (UXO) Pane! that the subject site has been remediated and
cleared of unexploded orcnances.

“The Unexploded Ordnance (UXO) Panel is found ontine at:

bttpzhwuw defence cov. aulestatemanagemert/supportideho/WhoToEnga

 

 

ge.2s0,

rior tothe
‘commencement
of works,

 

 

 

ate Areacovent and Ree! Agenoy

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[Attachment: image6.png (image text)]
Attachment 2—Advi

 

to the applicant

 

General advice

 

1

"Terms and phrases used in this document are defined i the Planning Act 2076 is regulation or
the State Development Assessment Provisions (SDAP) v3.0. a word remains undefined it has
its ordinary meaning

 

 

 

Provide the owner, occupier and any person employed to work on the subject ste the folowing
information:
'2)_ Residual UXO may sill exist folowing remediation and all work should proceed with
‘due caution.
) The procedure to be followed by any person finding an object suspected of being
‘explosive ordnance or component thereof.
‘advise the police immediately
i. donot disturb the object
take action, where appropriate, to prevent it being disturbed by
©) Another person:
1. Rote its approximate dimensions and general appearance
rote the route to its locaton,

Applicants wanting to find out more details of area management advice (AMA), current UXO
investigations and remedial search contractors, may use the following websites:

‘Department of Environment and Scienoe - htts:/wmw des.ald.aov. au
Commonwealth Department of Defence - hitovwaw.defence.qov.auluxal

 

 

 

 

 

ate Areacovent and Ree! Agenoy Page tots


[Attachment: image7.png (image text)]
Attachment 3—Reasons for referral agency response
(Given ander seston 25) of x Planing Act 2076)

‘The reasons for the SARA’s decision are:
‘+The proposals for a development permit fora material change of use for new dwelling
‘© The subject ste is located in an area wth substantial unexploded ordnance potential
‘+ SARA assessed the development application against State code 13: Unexpladed ordnance of the
'SDAP, version 3.0 and determined thatthe development achieves compliance with the performance
‘outcomes ofthe State code with conditions:
(© toensure the development manages the land in a manner that protects human safety and
the environment

‘Material used in the assessment of the application:
the development application material and submited plans

Planning Act 2016

Planning Regulation 2017

the SDAP (version 3.0), as published by SARA

the Development Assessment Rules

‘SARA DA Mapping system

‘section 58 ofthe Human Rights Act 2019,

Attachment 4—Representations about a referral agency response
provisions

(ogee interstory ink)

ate Areacovent and Ree! Agenoy Page sets


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ee) NOOSA COUNCIL