MCU10/2116.01 Change to Existing Approval (Ext to Relevant Period of MCU Preliminary Approval)

Officer:	Jack Lewis
Direct Telephone:	07 53296236
Our Reference:	JLEWIS:
Your Reference:	N/A
20 August 2015

JM Butler Milnes
40 Eungella Dr
BLACK MOUNTAIN  QLD  4563

[email protected]

Dear Sir/Madam

Compiled Decision Notice
Sustainable Planning Act 2009

I refer to your request to extend the relevant period of the existing preliminary approval.  On 18 August 2015 , Council decided your requested changes.

Details of the decision are as follows:
1.	APPLICATION DETAILS

Application No:	MCU10/2116.01 & REC10/2072
Street Address:	5 & 11 Opal St COOROY  QLD  4563
Real Property Description:	Lot 1 SP 248165 (formerly Lot 714 RP904564)
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

Council on 3 August 2011  decided to issue the following types of approval:
Development Permit for Reconfiguring a Lot (1 lot into 2 lots); and
Preliminary Approval for Material Change of Use of Premises for Multiple housing Type 4 (6 units)

In relation to representations, Council on 31 October 2011 decided to:
Amend Conditions 3 & 24 updating the relevant period to 31 October 2015.
Approve a change to Condition 4.

In relation to the request to extend the relevant period of the existing preliminary approval, Council on 18 August 2015decided to:
A.	Approve a change to condition 24 extending the relevant period to 31 October 2019.

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is stated in the assessment manager conditions.

4.	ASSESSMENT MANAGER CONDITIONS

DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (1 INTO 2 LOTS)

PLANNING ASSESSMENT

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 and may be amended by these conditions.

Plan No.	Rev.	Plan / Document Name	Date
03-1475AB	-	Plan of Proposed Reconfiguration of Lot 714 on RP904564 – Max Watterson & Associates	01/04/2010

General
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Relevant Period
The Development Permit for Reconfiguring a Lot lapses on 31 October 2015, during which time all conditions must have been complied with and the Plan of Survey lodged with council for endorsement, unless an application to extend the relevant period is approved by Council.

OPERATIONAL WORKS ASSESSMENT

Roadworks
The whole length of the Diamond Lane frontage of proposed Lot 2 shall be upgraded to provide kerb & channel and bitumen road widening to join smoothly with the existing formation. The kerb and channel shall be offset 0.6m from the property boundary and include suitable tapers to the existing formation. Two additional vehicle passing bays shall also be provided. The passing bays are to be located adjacent to the proposed vehicle access to proposed Lot 2 and adjacent to the western boundary of proposed Lot 1.
The design of the works must include all associated stormwater drainage and drainage collection and any necessary adjustments to existing infrastructure, private stormwater connections and driveways. The plans detailing this work shall be prepared and certified by a suitably qualified registered professional engineer and submitted to Council for approval prior to obtaining a Development Permit for Operational Works. All works must be completed prior to the commencement of the use of Multiple Dwelling Units on Lot 2.
Plan of Survey
The applicant must comply with all of the conditions of this Development Permit for the Reconfiguring a Lot prior to the endorsement of the Plan of Survey for this approval, unless otherwise stated.
In conjunction with the lodgement of the Plan of Survey for council endorsement, legal documentation shall be presented to council and shall be submitted in the correct form with the fees prescribed in council's adopted fee schedule.
All fees, rates, interest and other charges levied on the properties, must be paid in accordance with the rate at the time of payment and prior to the endorsement of the Plan of Survey.
Prior to council endorsement of the Plan of Survey, a duly executed copy of any required Grant of Easement shall be submitted to council for perusal. Any changes required by council’s Solicitor shall be attended to prior to endorsing the Plan of Survey. Any necessary forms requiring the consent of council are to be submitted prior to the endorsing of the Plan of Survey.
Prior to the endorsement of the Plan of Survey, the Applicant's Solicitor shall give council's Solicitor an appropriate undertaking in writing that in conjunction with lodgement of the Plan of Survey at the Land Titles Office, the Title Deed and the easement documents will also be lodged and any additional forms or requisitions requiring the consent of council being attended to forthwith.
Utilities
An electricity service shall be provided to each lot, if not already provided.
The requirements for telecommunications services shall be satisfied in relation to the provision of new telephone services to the proposed lots. In this regard, written confirmation from an approved telecommunication agency shall be submitted to the council prior to council endorsing the Plan of Survey.
The applicant is responsible for the alteration, relocation or re-instatement of public utility services, stormwater drainage structures, driveways and other features affected by the development works.  Any alterations or repairs of existing infrastructure required as a result of the development are to be completed at no expense to council or the service provider.
Where public utility services traverse private property, a minimum three metre wide easement must be provided over the infrastructure in favor of the applicable service provider.
Stormwater
Stormwater is to be disposed of on site so as to cause no scour or damage to adjoining properties.

UNITYWATER

Water & Sewerage Infrastructure
Reticulated water must be provided to each lot in the development. This must include:
15.1	an approved water meter for each lot in accordance with Unitywater Standard Drawings SCW 350,355 and 360;
15.2	provision of a water service from the existing 100 metres diameter water main in Opal Street to service proposed Lot 2 in accordance with Unitywater Standard Drawings SCW 350, 355 and 360;
15.3	water meters located on alternative boundaries to electrical pillars; and
15.4	the fire-fighting demand on Unitywater’s water supply system from the development must not exceed 15 litres per second.
A single Unitywater installed primary water meter must be provided immediately inside the property boundary of Lot 2.  Please note that additional water meters must be installed for each title of a community title or sub-lease scheme. Meters must be Unitywater approved, installed in accordance with Unitywater requirements and remain accessible at all times for reading and maintenance purposes.
Reticulated sewerage must be provided to each lot in the development including:
17.1	extension of the existing sewer in Opal Street to the boundary of Lot 2; and
17.2	a new sewer connection within the boundary of Lot 2.
Tree plantings must maintain a minimum horizontal clearance of 1 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature and suitable Unitywater approved varieties.
Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.

PRELIMINARY APPROVAL FOR MULTIPLE HOUSING TYPE 4 (6 UNITS)

PLANNING ASSESSMENT

The applicant is required to lodge an impact assessable application for a Development Permit for Material Change of Use for Multiple Housing Type 4 (Conventional). The Development Permit will be subject to The Noosa Plan requirements for Multiple Housing Type 4 (Conventional) and the conditions contained herein.
The proposed reconfiguring a lot plans shall be sealed prior to commencement of the use.
The design of the multiple dwelling units shall incorporate noise mitigating measures to reduce potential adverse impacts from the club house on future resident’s amenity where appropriate.
Preliminary Approved Plans
Development undertaken in accordance with this preliminary approval must generally comply with the plans of development. The plans are listed in the following table and may be amended by these conditions.
Plan No.	Rev.	Plan / Document Name	Date
10-064-1	-	Site Layout – T.R & S.L. Roper Building Design and Drafting	-
10-064-2	-	Ground Floor Plan – T.R & S.L. Roper Building Design and Drafting	-
10-064-3	-	Upper Floor Plan – T.R & S.L. Roper Building Design and Drafting	-
10-064-4	-	Elevations – T.R & S.L. Roper Building Design and Drafting	-
10-064-5	-	Elevations – T.R & S.L. Roper Building Design and Drafting	-
Relevant Period
The preliminary approval lapses if the use has not happened by 31 October 2019, unless an application to extend the relevant period is approved by Council.

OPERATIONAL WORKS ASSESSMENT

Landscaping
The open space and setback areas are to be landscaped in accordance with council’s Policy on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter. The landscape plan shall include at a minimum:
25.1	native street trees with a minimum size of 45 litres shall be established within the road reserve along the site’s frontage to Opal Street;
25.2	existing vegetation on-site or within the road reserve proposed, or required to be retained; and
25.3	front fencing shall be setback at least 1 metre from the front property boundary with at least half of the fencing setback 2 metres. The area of land between the fence and the front property boundary shall be densely landscaped to screen any fencing from the street. Alternatively, any fencing on the boundary which is not screened by vegetation shall be either less than 1.2 metres high or of open construction.
Driveways and Carparking Areas
A vehicular access driveway to serve the site shall be constructed from the Diamond Lane frontage of the site with a maximum width of 5.5 metres, and to grades in compliance with AS/NZS 2890.1-2004.
All carparking spaces (including garages) shall be designed and constructed to comply with the provisions of AS/NZS 2890.1-2004 for user class 1A with a minimum head clearance (headroom) at any point of 2.2 metres.
To ensure pedestrian safety between vehicles exiting the site and pedestrians, the driveway and any associated fencing or vegetation near the driveway shall comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4.
All vehicles shall enter and leave the site in a forward direction.
All driveways, carparking areas and roadworks shall be designed and constructed to ensure pedestrian safety using non-slip materials and to produce an evenly graded surface finish, and to be in accordance with the Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access & Mobility.
Stormwater Drainage
A Preliminary Stormwater Drainage Plan which demonstrates compliance with the Water Sensitive Design Code must be endorsed by council delegate, prior to the issue of Material Change of Use. In particular the Preliminary Stormwater Drainage Plan must:
31.1	Identify stormwater detention requirements for the site to achieve no increase peak runoff;
31.2	Demonstrate that appropriate grade is available to drain the site and detention areas to the legal point of discharge; and
31.3	Demonstrate that appropriate surface area has been dedicated for any water quality improvement devices required by the Water Sensitive Design Code.
All stormwater drainage shall be collected on site and discharged to council’s existing drainage structure/s or the kerb and channel in Opal Street. The maximum discharge of stormwater drainage allowable to council’s street drainage system at any one location is 25 litres/second.  Secondary overland flow-path/s within the development site shall cater for a design storm with an Average Recurrence Interval of 1 in 100 years.
To ensure that polluted run-off does not enter council’s stormwater drainage system, stormwater run-off from the carparking areas and the driveways shall have the first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor provided on site prior to being permitted to discharge into council’s drainage system.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil arrestors. All other clean stormwater, such as roof water, can be collected on site and discharged through a single underground drain line directly into the existing drainage system, bypassing the grease/oil arrestor.
All site stormwater drainage shall be by means of a gravity system.
Earthworks
Filling works required on site, shall be carried out in accordance with council’s standards, and so as not to cause any adverse impact on the existing drainage conditions, or ponding of stormwater on any adjoining lands or the blockage of, or interference with, any natural overland runoff.
Earthworks carried out on site shall not affect the structural integrity of any of the existing fences that border the development site unless it is intended to replace such fences.
Any person acting on this permit shall prevent erosion and sediment export from leaving the site. Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
Any damage caused to any public utility during the course of construction shall be repaired to council’s standards and at no cost to council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.

5.	REFERRAL AGENCY CONDITIONS

The referral agencies applicable to this application are:
Reason for Referral	Referral Type	Referral Agency	Agency Address
State Controlled Road	Concurrence	Dept Transport & Main Roads - North Coast Region	PO Box 1600 Sunshine Plaza Post Shop MAROOCHYDORE QLD 4558
Public Passenger Transport	Concurrence		
Reconfiguring a Lot – Catchment Area	Third Party Advice	South East Queensland Water	Level 3, 240 Margaret Street, BRISBANE  QLD  4000

A copy of any referral agency conditions is attached.

6.	APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following tables:

Approved Plans
Plan	Rev.	Plan Name	Date
03-1475AB	-	Plan of Proposed Reconfiguration of Lot 714 on RP904564 – Max Watterson & Associates	01/04/2010

Preliminary Approved Plans
Plan	Rev.	Plan Name	Date
10-064-1	-	Site Layout – T.R & S.L. Roper Building Design and Drafting	-
10-064-2	-	Ground Floor Plan – T.R & S.L. Roper Building Design and Drafting	-
10-064-3	-	Upper Floor Plan – T.R & S.L. Roper Building Design and Drafting	-
10-064-4	-	Elevations – T.R & S.L. Roper Building Design and Drafting	-
10-064-5	-	Elevations – T.R & S.L. Roper Building Design and Drafting	-

7.	PLANS/DOCUMENTS REQUIRING AMENDMENT

No Applicable

8.	ADVISORY NOTES
These Advisory Notes do not form part of this approval or the conditions attached thereto.  The following Advisory Notes are intended to provide guidance to the applicant where necessary and inform the applicant of actions that council may take with respect to the development site or the approval:

General
The applicant is advised that a Compliance Permit for all plumbing and drainage works within the boundaries of the development site must be obtained from council’s Plumbing Services Section prior to obtaining a Development Permit for Building Works.
Unitywater
Connection to the Unitywater live water supply and live sewerage system must be undertaken by Unitywater at the applicants cost.
Construction activities must not impede the access of Unitywater or Fire Brigade personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers).
A 100 metres diameter water main is located within the road boundary fronting the development site in Opal Street. Construction works, heavy traffic crossing the main, excessive vibration and excavation close to the main may cause damage to the pipe. Extreme care is required when working close to this infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.

Infrastructure Contributions and Infrastructure Charges
DEVELOPMENT PERMIT TO RECONFIGURE A LOT (1 LOT INTO 2 LOTS)
This development permit will trigger an “Adopted Infrastructure Charge Notice” (if applicable) to be issued in accordance with Council’s “Adopted Infrastructure Charges Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the Sustainable Planning Act 2009.
Please contact Council’s Infrastructure Charges Officer (email: [email protected]) a minimum of 5 business days prior to payment of infrastructure contributions/charges for the current amounts applicable at the time of payment.
Payment of infrastructure contributions/charges will not be accepted by credit card transaction.

PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE FOR MULTIPLE HOUSING TYPE 4 (6 UNITS)
Contributions towards infrastructure will be levied in accordance with the relevant instrument applicable at the time of subsequent approval/s.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth); and
Anti-Discrimination Act 1991 (Queensland).
Sunshine Coast Regional council recommends that the following matters be considered to address equitable access and facilities in the building:
the building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and Australian Standard 1428.2;
applicants should be aware that a “Disability Standard on Access to premises” is currently being developed and most likely will impose changes on the Building Code of Australia; and
any services and facilities in the building complex should allow independent, dignified and equitable use of the services and facilities for all people.
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.
The Aboriginal Cultural Heritage 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 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 Co-ordination Unit on 07 3239 3647 to discuss any obligations under the Aboriginal Cultural Heritage Act.

9.	PROPERTY NOTES

Not Applicable

10.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable

11.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Material Change of Use of Premises for Multiple Housing - Type 4 (6 units)
Development Permit for Operational Work for Access & Carparking, Roadworks (Diamond Lane), Stormwater Drainage, Frontage Works and Landscaping
Development Permit for Building Work (All Building Work)

12.	SELF ASSESSABLE CODES

Not Applicable

13.	SUBMISSIONS

There were 8 properly made submissions about the original application.  In accordance with Sustainable Planning Act 2009, the name and address of the principal submitter for each properly made submission is provided was attached to the original decision notice.

14.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

The proposed use is consistent with the existing and preferred development pattern of the surrounding area.
The land is not required for Open Space Recreation, as demonstrated in the recently endorsed Open Space Strategy 2011 and Sport and Recreation Strategy 2011.
The proposal maintains the existing bowls club on the majority of the site.

15.	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.

16.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY Original Decision Notice (3 August 2011) Negotiated Decision Notice (31 October 2011) Change to an Existing Approval – Extension to Relevant Period of Preliminary Approval (18 August 2015)

Yours faithfully

Jack Lewis
development planner

Encl. 	Appeal Rights

cc	Unitywater
[email protected]

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

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.

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