Decision Notice - Approved by Delegation of Authority MCU21 0192

Officer: 	Maxwell Potter
Direct Telephone: 	07 5329 6334
Our Reference:	MCU21/0192
Your Reference:	2357
17 March 2022
AG Flanagan & SA Tye
C/- RG Strategic Australia
PO Box 1818
NOOSA  HEADS   QLD   4567
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 15 March 2022, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU21/0192
Street address:	164 Edwards St Sunshine Beach Qld 4567
Real property description:	Lot 108 RP 94566
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 - Dual occupancy
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
WD.2.01	C	Site Plan, prepared by Garland Design	21.12.2021
WD.2.02	C	Understorey Park, prepared by Garland Design	21.12.2021
WD.2.03.1	C	GF Overall Plan, prepared by Garland Design	21.12.2021
WD.2.03.2	C	GF Dimension Plan, prepared by Garland Design	21.12.2021
WD.2.04	C	Level 1 Plan, prepared by Garland Design	21.12.2021
WD.2.05	C	Slab Plan, prepared by Garland Design	21.12.2021
WD.2.06	C	Roof Plan, prepared by Garland Design	21.12.2021
WD.2.07	C	Landscaping Plan, prepared by Garland Design	21.12.2021
WD.3.01	C	Elevations, prepared by Garland Design	21.12.2021
WD.3.02	C	Elevations, prepared by Garland Design	21.12.2021
WD.4.01	C	Sections, prepared by Garland Design	21.12.2021
WD.4.02	C	Sections, prepared by Garland Design	21.12.2021
WD.7.01	C	3D Perspectives, prepared by Garland Design	21.12.2021
WD.7.02	C	Visualisations, prepared by Garland Design	21.12.2021
WD.7.03	C	Visualisations, prepared by Garland Design	21.12.2021
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Currency Period
This development approval lapses if the use has not happened by 15 March 2028 unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural 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.
The development must not exceed a maximum building height of 2 storeys. In this regard, the finished floor level of the ground level must not exceed 1 metre in vertical height to that of the corresponding natural ground level directly below it.
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 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.
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 (for MCUs).
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor 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.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
not exceed a maximum height of 1.2m
be of open construction.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Protection of Privacy
The upper level balcony located on the eastern building face of Unit 2 must include either balcony planter boxes, balustrading or fixed external screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property.
Landscaping Works
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 PSP2 - Landscaping and must include in particular:
the works shown on the approved Landscaping plan with the exception of:
street trees must be a minimum pot size of 45 litres
Bromeliad and Blue Chalk Stick plant species must be substituted for a plant sourced from the Noosa Plan 2020 – PSP2 Landscaping preferred species list and approved by Council or another suitable species approved by Council.
Star Jasmine must be substituted with Pandorea jasminoides, Tecomanthe hillii or Pararistolochia praevenosa or another suitable species approved by Council.
‘Pigface’ plant species identified on the approved plans must be Carpobrotus glaucescens or another suitable species approved by Council;
“Heliconia’ species included within the approved plans must be an Australian Native or substituted for an alternative suitable species approval from Council.
a 2 metre wide landscaping strip along the Edward Street road frontage of the subject site, exclusive of the access driveway, generally uncompromised by infrastructure items.
dense Noosa Native preferred screening planting along the northern, eastern and southern boundaries that reaches a maximum height growth of 4-6 metres at maturity.
existing Pandanus in poor health must be removed and replaced with 2 x 45 litre street trees.
vegetated screening of any electrical transformers, bin storage areas and the like from the road frontage
Screening vegetation must be planted for the length of the rear property boundary in accordance with Council’s Planning Scheme Policy PSP2 - Landscaping.  The planted vegetation must have a minimum pot size of 45 litres and consist of native, endemic species with a mature height of not less than 3 metres and a minimum spacing of 0.5 metre centres.
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 Edwards Street 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 standard drawings RS-049 and RS-050.
Car Parking
A minimum of 5 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:
1 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use; and
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities
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 generally in accordance with plan 3497-19, “Stormwater Management Plan”, dated 25/01/2022 and prepared by AAA Design & Development Pty Ltd.
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.
Earthworks and Retaining Walls
All fill and associated batters 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 earthworks must be undertaken generally in accordance with the “Preliminary Earthworks Plan” as prepared by AAA Design & Development Pty Ltd.
DEMOLITION
Approved Plans
Development undertaken in accordance with this approval must comply with the approved plan of development. The approved plan is listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
WD.2.01	C	Site Plan, prepared by Garland Design	21.12.2021
WD.2.02	C	Understorey Park, prepared by Garland Design	21.12.2021
WD.2.03.1	C	GF Overall Plan, prepared by Garland Design	21.12.2021
WD.2.03.2	C	GF Dimension Plan, prepared by Garland Design	21.12.2021
WD.2.04	C	Level 1 Plan, prepared by Garland Design	21.12.2021
WD.2.05	C	Slab Plan, prepared by Garland Design	21.12.2021
WD.2.06	C	Roof Plan, prepared by Garland Design	21.12.2021
WD.2.07	C	Landscaping Plan, prepared by Garland Design	21.12.2021
WD.3.01	C	Elevations, prepared by Garland Design	21.12.2021
WD.3.02	C	Elevations, prepared by Garland Design	21.12.2021
WD.4.01	C	Sections, prepared by Garland Design	21.12.2021
WD.4.02	C	Sections, prepared by Garland Design	21.12.2021
WD.7.01	C	3D Perspectives, prepared by Garland Design	21.12.2021
WD.7.02	C	Visualisations, prepared by Garland Design	21.12.2021
WD.7.03	C	Visualisations, prepared by Garland Design	21.12.2021
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council prior to the issue of a Development Permit for Building Works for demolition, to secure the demolition conditions of this approval. The cash bond or trading bank guarantee will be returned on performance of the demolition conditions of this approval less any costs incurred by Council in respect of enforcing performance of these demolition conditions. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Works
Demolition must be undertaken in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste management
A Waste Management Plan (demolition) must be submitted in accordance with Planning Scheme Policy PSP10 - Waste Management and approved by Council’s Waste Coordinator prior to issue of a development permit for Building Works for demolition, removal or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free.  Higher gate fees are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The areas for the storage and separation of waste shown on a site plan;
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and
Table – Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s and the like. If the site remains vacant for more than 30 days the lot/s must be turfed or landscaped in accordance with Planning Scheme Policy PSP 2 – Landscaping and to the satisfaction of Council so as to not cause nuisance to the surrounding area.
All waste materials must be removed from site.
Litter, erosion and sediment control
Litter, erosion and sediment control measures must be installed and maintained until soils are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage system (e.g. roadside gutter).
Asbestos
Removal of building materials containing asbestos must be undertaken by a licensed asbestos removalist.
Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011 requires a licensed asbestos removalist to give notice to Workplace Health and Safety Queensland (WHSQ) of licensed asbestos removal work at least five days before the work commences. Notification must be made using Form 65: Notification of licensed asbestos removal work, demolition work or emergency demolition.
All building materials containing asbestos products are wrapped and disposed of in accordance with the Public Health Regulation 2006 and the Environmental Protection Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses businesses that transport asbestos waste, and landfills that accept this waste.
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at demolition of a building, the existing sanitary drain upstream from the connection point for a service provider’s sewerage system must be sealed water tight. This work is deemed as notifiable Work and must be carried out by a suitably licenced plumber who must submit an As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building Construction Commission) within 10 days of completing the work.
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, Subdivision 1, Table 1 (Planning Regulation 2017) – Development application for a material change of use in an area of substantial unexploded ordnance potential.	The agency provided its response on 23 November 2021 (Reference No.2111-25917 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:
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
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
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
Qualified Person
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.
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.
property notes
Not applicable.
VARIATION approval details
A variation approval varying the effect of the planning scheme has been granted and as such the category of assessment and assessment benchmarks applying to the development resulting from this approval are identified in the conditions.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Stormwater, Earthworks, Landscaping and Access.
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,

Maxwell Potter
Graduate Development Planner

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

	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 17

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Seer

‘Atenton: Maxwell Poter

Dear MR Manvel Poter
‘SARA response—164 Edwards Street, Sunshine Beach
(Rtoral agency eponse gen unde secon 58 a he Paring Act 2018)

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‘SARA cference: 211425017 SRA

‘Assessment Manager. Noosa Shire Counc
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‘Appear name: ‘Adam Flanagan and Shane Tye
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