SUPERSEDED MCU15/0070 - Negotiated Decision Notice

Officer:	Denis Wallace
Direct Telephone:	07 53296239
Our Reference:	MCU15/0070
Your Reference:	01781

18 November 2015

JE Jamieson, NE Jamieso
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567

Dear Sir/Madam

Negotiated Decision Notice
Sustainable Planning Act 2009
I refer to your application and the representations you made in respect to the decision notice. On 17 November 2015 Council decided your representations.
Details of the decision are as follows:
application details
Application No:	MCU15/0070
Street Address:	38 Park Cres SUNSHINE BEACH  QLD  4567
Real Property Description:	Lot 598 RP 48112
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
Council on 22 October 2015 issued the following type of approval:
Preliminary Approval for Material Change of Use of Premises - Detached House
In relation to the applicant’s representations to conditions of the approval, Council on 17 November 2015 decided to:
A.	Change the approval type to a Development Permit for Material Change of Use of Premises - Detached House
B.	Delete Condition 1
C.	Approve a change to condition 3.
Relevant period of approval
The relevant period for this development approval is 4 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
Preliminary Approval
Deleted
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 listed in the following table and may be further amended by the conditions herein.
Plan No.	Rev.	Plan/Document Name	Date
DD 1.2	C	Site plan, prepared by Sparks Architects	03.11.15
DD 1.3	C	Roof Plan, prepared by Sparks Architects	03.11.15
DD 1.4	C	Bedroom Mezzanine, prepared by Sparks Architects	03.11.15
DD 1.5	C	Ground Floor Plan, prepared by Sparks Architects	03.11.15
DD 1.6	C	Lower Ground  Floor, prepared by Sparks Architects	03.11.15
DD 1.7	C	Pool Terrace Floor Plan, prepared by Sparks Architects	03.11.15
DD 2.1	C	North West Elevation, prepared by Sparks Architects	03.11.15
DD 2.2	C	North East Elevation, prepared by Sparks Architects	03.11.15
DD 2.3	C	South East Elevation, prepared by Sparks Architects	03.11.15
DD 2.4	B	South West Elevation, prepared by Sparks Architects	01.09.15

Building Height
The maximum height of the development must not exceed 12 metres above the finished ground level and the natural ground surface and 3 storeys.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $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.
Privacy
A screening device must be erected for the full length of the southern side of the Ground Floor Deck. The screening device must be of a height to maintain neighbouring residents’ amenity.
Landscaping
The retaining wall and associated screening fence/wall (faced with hardwood timber) located near the southern boundary must be:
setback 1.5m up to 4.5m in height
setback 2m between 4.5m – 7.5m in height.
A minimum of 20% of the site must be retained as soft landscaping.
Screening vegetation must be planted for the full length of both side boundaries in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.  The planted vegetation must have a minimum pot size of 200mm and consist of native, endemic species with a mature height of not less than 8 metres and a maximum spacing of 2 metre centres.
A mix of native landscaping including ground covers, shrubs and trees must be provided for minimum width of 5m from the rear boundary (adjoining the pathway). In this regard landscaping must also be provided between the swimming pool and the rear boundary. Landscaping must be in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.
Coastal Protection
External colours and finishes of the building must comprise muted/environmental tones that blend with the natural environment.
ENGINEERING
Property Access and Driveways
A sealed access driveway must be provided from Park Crescent to the proposed carparking. The driveway must be designed and constructed in accordance with Council’s standards drawing SEQ R-050 and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any step or level difference.  Should any driveways be constructed to grades that do not comply with Council’s standard drawing SEQ R-050 and AS/NZS 2890.1-2004, Council will require that the driveway be removed and reconstructed to levels that do comply.
Stormwater Drainage
Stormwater runoff from the development must be either discharged to Council’s existing kerb and channel in Park Crescent and/or disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Geotechnical Stability
All works must be carried out in accordance with the recommendations contained in the submitted Geotechnical Investigation prepared by Soil Surveys, Project No.115-17158 dated April 2015.
Certification must be submitted to Council which certifies that the development has been constructed in accordance with the recommendations contained in the submitted Geotechnical Investigation prepared by Soil Surveys Project No.115-17158 dated April 2015 and that the development has a minimum factor of safety against landslip of 1.5 in the long term. All certification must be prepared by a Geotechnical Engineer and must be addressed to Noosa Council. Where a member of an engineering company, certification must be by the engineering company or an appropriate officer or employee of the engineering company on behalf of the company
Earthworks and Retaining Walls
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP5 – Engineering Design Standards so as not to cause the additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.
The use of vibratory equipment of any kind is not permitted to be used (including vibrating rollers and the use of vibrating installation techniques for sheet piling and other construction vibrations caused by excavating, earthmoving or demolition machinery or other similar construction techniques) unless approved and supervised by a Certified Geotechnical Engineer.  Under such circumstances the operator of such equipment must at all times comply with the directions of the Geotechnical Engineer.
The 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 respect, 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.
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:
PLANNING
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section 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.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Building Works (All building works)
self assessable codes
The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.
Detached House Driveways Code
submissions
Not Applicable
reasons/grounds for approval
Not Applicable
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

Yours faithfully

DECISION NOTICE HISTORY Preliminary Approval – 22 October 2015 Negotiated Decision Notice 17 November 2015, Change Approval type to Development Approval, Delete Condition 1 and amend Condition 3

Yours faithfully

DENIS WALLACE
COORDINATOR - PLANNING

Enc:	Appeal Rights
Approved Plans/Documents

cc:	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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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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