Negotiated Decision Notice MCU22 0128

Officer: 	Georgina Schramm
Direct Telephone: 	61 75329 6569
Our Reference:	MCU22/0128
Your Reference:	20220613
8 February 2023
PFC Desouza & JK Desouza
C/- Adapt Town Plannng + Development Management (Tiani Boulton)
PO Box 7618
SIPPY DOWNS  QLD  4556
[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 2 February 2023, Council decided your representations. This negotiated decision notice replaces the decision notice of 6 December 2022.
Details of the negotiated decision are as follows:
APPLICATION details
Application No:	MCU22/0128
Street address:	178 Davis Rd Cootharaba Qld 4565
Real property description:	Lot 7 SP 115866
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
decision details
Council on 6 December 2022, decided to issue the following type of approval:
Material Change of Use - Dwelling house
In relation to representations, Council on 2 February 2023 decided to:
A.	Amend Conditions 5 and 9.
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
001	F	Location Plan + General Notes, prepared by SW Architecture	October 2022
002	G	Site Plan, prepared by SW Architecture	October 2022
110	L	Floor Plan, prepared by SW Architecture	October 2022
112	F	Roof Plan, prepared by SW Architecture	October 2022
113	A	Shed, prepared by SW Architecture	October 2022
201	E	Elevations South + West, prepared by SW Architecture	October 2022
202	E	Elevations North + East, prepared by SW Architecture	October 2022
301	D	Cross Sections A + B, prepared by SW Architecture	October 2022
302	D	Cross Sections C + D, prepared by SW Architecture	October 2022
303	D	Cross Sections E, prepared by SW Architecture	October 2022
304	C	Cross Sections F + G, prepared by SW Architecture	October 2022
305	C	Cross Sections H + 1, prepared by SW Architecture	October 2022
113	A	Turning Circle, prepared by SW Architecture	October 2022
Currency Period
This development approval lapses if the use has not happened by 2 February 2029, unless an application to extend the currency period is approved by Council.
Nature of Use
This approval allows for the use of the building for the purpose of a Dwelling House in accordance with the use definition of the Noosa Plan 2020.

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.
Ecological & Landscpaing
The rehabilitation must be implemented in accordance with the Ecological Assessment Report, prepared by Green Tape Solutions and dated 28 October 2022 (v. B) and in accordance with Rehabilitation Management Plan.
The rehabilitation works must be by a suitably qualified person, including the following minimum specifications:
Landscape planting specifications in accordance with Landscaping Code and PSP2 Landscaping;
A planting schedule of suitable locally occurring species, plant numbers and locations, reflective of the Regional Ecosystem 12.3.1 & 12.3.2;
Control of all environmental weeds of the site in accordance with best industry practice for environmental rehabilitation which does not result in bed or bank instability;
Avoid undesirable plant species identified in PSP2 Landscaping;
Planting densities must result in a stable channel over the long term and minimal potential for pest plant species.
Existing trees on the site must be retained, unless an environmental weed.
Screening vegetation must be planted 2 metres setback from the common boundary with Lot 5 SP139163 for a minimum length of 110 metres from the north western corner of the allotment to the front of the Dwelling House in accordance with Council’s Planning Scheme Policy PSP2 – Landscaping. The planted vegetation must have a mature height of approximately 4 metres and form an effective buffer to screen the agricultural use and enhance the rural character of the site.
Bushfire Management
An accessible dam, swimming pool or water tank (in addition to day to day water supply) with an onsite water volume of not less than 5,000 litres must be available for firefighting purposes, located within reasonable proximity to buildings.
A water supply outlet pipe 50 millimetres in diameter and fitted with a standard fire brigade fitting must be connected to the water supply (other than where the water supply is in a swimming pool or dam).
Water Supply
The development must be provided with a potable water supply connected to the dwelling with no less than 45,000 litres.
Waste Water Treatment and Disposal
The development must be provided with an on-site waste water treatment and effluent disposal system having a capacity sufficient for the use*.
*(Refer to Advisory Note)
Earthworks and Retaining Walls
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.
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.
Geotechnical Stability
All works must be carried out in accordance with the recommendations contained in the Slope Stability Assessment – Project No. 22198-001-Rev1 prepared by Tectonic Geotechnical and Environmental Engineers dated 25 July 2022
At the completion of the works 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 Slope Stability Assessment – Project No. 22198-001-Rev1 prepared by Tectonic Geotechnical and Environmental Engineers dated 25 July 2022 and that the development has a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
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:
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.

Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
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.
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
Surrounding Uses
This area is expressly identified as being potentially impacted by lawful non-residential uses. In commencing a residential use, the owner(s) acknowledges and accepts that the use may be potentially impacted by emissions from the lawful non-residential use.  It is the responsibility of the property owner(s) to take all measures necessary to ensure that the proposed dwelling is developed and maintained in such a way as to mitigate impacts from the surrounding lawful land use/s.
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 online at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Georgina Schramm
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

cc.	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice – 6 December 2023.
Negotiated Decision Notice – 2 February 2023, with an amendment to conditions 5 and 9.

	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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