Decision Notice - Approved by Delegation of Authority OPW21 0184

Officer: 	Mark Lewis
Direct Telephone: 	07 53296290
Our Reference:	OPW21/0184
Your Reference:	172102
26 August 2021
Sundale Ltd
C/- Covey & Associates Pty Ltd
PO Box 16
MAROOCHYDORE  QLD  4558
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 24 August 2021, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW21/0184
Street address:	82-100 McKinnon Dr Tewantin Qld 4565
Real property description:	Lot 86 SP 297911
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Landscaping
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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
L400	A	Precinct Plan prepared by Covey Associates	22 June 2021
L500	B	Landscape Management Strategies – Whole of Site prepared by Covey Associates	12 July 2021
L501	B	Landscape Management Strategies – Rehabilitation Specifications prepared by Covey and Associates	12 July 2021
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 24 August 2023, unless an application to extend the currency period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Tree protection fencing must be installed under the supervision of the Project Arborist. (Refer to Retention of Existing Trees Conditions)
A prestart meeting must be organised with Council’s delegate by calling 5329 6500 (giving at least five business days’ notice). The prestart meeting must be attended by the responsible persons for:
Arboreal works.
Fauna management works.
Landscape works.
Rehabilitation works.
Recreational equipment works.
Other relevant parties.
Erosion and sediment control works.
DURING CONSTRUCTION
General
Where damage occurs to any Council asset as a result of the development works, it must be repaired immediately where it creates a hazard that presents risk to person or property. Other damage must be repaired prior to completion of works.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
The relevant conditions of the higher order Material Change of Use approval viz. P & E Court 215/2012 (Council File 132007.1965) and MCU2007/1965 to which this approval relates.
All relevant Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
The latest version of Water Sensitive Urban Design Technical Design Guidelines for South East Queensland (Healthy Waterways) for all water quality devices to be constructed on site.
Slope and batters are a maximum grade of:
1 in 6 where in proximity to waterbodies.
1 in 4 for grassed areas.
1 in 3 for planted areas.
1 in 2 for combined structural engineering and planting solutions.
Rehabilitation after Vegetation Clearing
Rehabilitation of cleared areas must:
Be undertaken immediately following completion of the civil earth works batters located within Precinct 9 works that required the clearing.
Result in the area being stable and revegetated as specified in the approved Rehabilitation Specifications, Sheet No. L501 Issue B.
Be established with revegetation works undertaken by a qualified person*.
Be revegetated with a species mix and density reflective of the local variant of the Regional Ecosystem, site specific conditions and infrastructure requirements. (ie sewer requires a maximum 1.5m high vegetation at maturity within 1.5m of centreline, power requires less than 3m high at maturity, etc.)
*(Refer to Advisory Note)
Retention of Existing Trees and Vegetation
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of Trees on Development Sites.
A qualified person * must be engaged for the duration of the works to:
Oversee installation of all tree protection fencing prior to commencement of any works onsite (including any clearing).
Supervise tree protection within the development site and frontages, prior to, during and following construction in accordance with AS 4970, Protection of trees on development sites.
Oversee approved tree removal in proximity to retained trees
Undertake a risk assessment of all trees within striking distance of the development works and site and carry out hazard removal and amenity pruning in accordance with AS 4373, Pruning of amenity trees.
*(Refer to Advisory Note)
Protection of the existing adjoining vegetation to the proposed future rehabilitation of vegetation in precinct 9
Vegetation areas for protection must:
Be protected with a 1.8m high temporary safety fence (or temporary barrier mesh / three-strand wire with pickets at 3m centres).
Have the fence installed prior to the prestart meeting and maintained for the entire period of construction.
Have ‘Exclusion Zone’ (‘No Go’) signage fixed to the fence at 10m centres.
Have no construction material, equipment or personnel entering the No Go Zone except to undertake approved rehabilitation activities.
*(Refer to Advisory Note)
Removal of Existing Trees and Vegetation / Vegetation Clearing
Fauna or fauna habitat relating to Approved Plans Court Order Judgement date 20/3/2015  approved tree removal/clearing works must be managed by a qualified person*.
*(Refer to Advisory Note) FAUNA - FOR VERY MINOR VEGETATION REMOVAL
Removal of existing trees and vegetation must be undertaken by a qualified person* and must include:
Stump grinding to below finished surface level.
Rectification to the finished surface levels and materials.
No damage to other vegetation for retention.
Legal disposal of all removed vegetation and debris.
*(Refer to Advisory Note)
MAJOR VEGETATION REMOVAL
Rehabilitation after Vegetation Clearing
All works must be in accordance with the approved plans for Vegetation Rehabilitation Scope of Works detailed on Sheet L400 Issue B
A qualified person* must manage plant pest (weeds) to:
Ensure plants listed as Class 1 and 2 declared pests within Council’s Pest Management Plan are controlled and prevented from spreading
Oversee management techniques that minimise regrowth, prevent damage to non-target species, retain conservation values and maintains site stability
OPW CLEARING OF VEGETATION (only)
*(Refer to Advisory Note)
Land Rehabilitation
Rehabilitation works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice.
*(Refer to Advisory Notes)
The Rehabilitation supervisor must annually:
Organise formal inspection with Council’s delegate*.
Submit to Council (with each inspection request) a Rehabilitation Status Report (written and photographic), mapping:
The condition of the regeneration area.
Detailing works undertaken in the previous year.
The percentage cover of indigenous recruitment.
Measuring the works against the conditioned Performance Criteria.
*(Refer to Advisory Notes)
Rehabilitation works must meet the following Performance Criteria for:
Year One – 12 months after installation acceptance of works On Maintenance
Planted trees have achieved an average height of 1m.
Planted shrubs have achieved an average height of 0.4m.
Year Two - 24 months after the installation on private land acceptance of works On Maintenance
Planted trees have achieved an average height of 2m.
Planted shrubs have achieved an average height of 1m.
Year Three - Final acceptance installation (on private land acceptance of works On Maintenance and for Off Maintenance Planted trees have achieved an average height of 3m.
Planted shrubs have achieved an average height of 1.2m.
Canopy and / or vegetative strata must not be devoid for any area greater than 1.0m2 within any 10m2 sample.
Plant density shading out and/or self-mulching.
The duration of the establishment period:
Adherence to maintenance regime for rehabilitation and revegetation areas.
No evidence of woody weeds reshooting from stumps, poisoned trees or the regrowth of cut stumps.
No evidence of over-weeding or impact on non-target species.
Signs of indigenous recruitment in rehabilitation areas.
Weed infestations less than 5% of the rehabilitation areas.
Any failed plants within the previous 12 month period have been replaced.
Healthy and vigorous growth allowed to grow to full form.
Mulch layer sufficient to suppress weeds.
One - 12 months after the acceptance of works On Maintenance:
Less than 5% weed and evidence of regular weed management.
Full grass/grass coverage, with no depressions or unevenness to surface.
Evidence of regular topdressing and after use maintenance.
No rubbish present
Regular maintenance of irrigation and sports lighting.
Performance Criteria for Year Two - 24 months after the acceptance of works On Maintenance:
Less than 5% weed and evidence of regular weed management.
Full grass coverage, with no depressions or unevenness to surface.
Evidence of regular topdressing and after use maintenance.
Average tree height 1.8m with good health and vigour and ground connection (i.e. evidence not pot bound stock).
No rubbish present.
Regular maintenance of irrigation and sports lighting.
FOLLOWING CONSTRUCTION
Supervision/Certification
Prior to commencement of use the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Vegetation Rehabilitation certification confirming all works have been constructed in accordance with conditions of approval.
(* Refer to Advisory Note)
On Maintenance
Maintenance periods* must be a minimum of 36 months for Rehabilitation or subject to meeting final performance criteria.
*(Refer to Advisory Note)
Prior to the On Maintenance inspection the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Vegetation Rehabilitation certification.
Off Maintenance
Prior to requesting an On Maintenance inspection the following works must be completed
Replacement of plant material.
Removal of plant material impeding regulation sightlines.
Replacement of degraded timber.
Resealing of timber work.
Replacement or any corroded, broken or vandalised item.
Cleaning and/or refinishing of all external surfaces including removal of graffiti.
*(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.
General
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Planning Act 2016 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Prestart, On and Off Maintenance, Rehabilitation Inspections Request
Contact Council on 5329 6500 to arrange a prestart meeting or an inspection giving a minimum of five business days’ notice of preferred inspection time.
Retention of Existing Trees
The existing trees on adjoining properties must be retained and protected during construction wherever achievable. To avoid doubt, this advisory note is not intended to exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following construction of the development which is the subject of this development approval.
Removal of Existing Trees and Vegetation
Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as well as optimum weed seed sterilisation.
Landscaping Qualified Person
Qualified Person, for the purpose of:
Undertaking rehabilitation construction and establishment works is considered to be a person with five years current experience in revegetation and regeneration.
Undertaking, supervising tree works and preparing arboriculture certification, is considered to be a person with a minimum three years current experience in tree protection, hazard identification/mitigation:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Preparing certification and managing declared plant pests, is considered to be:
a person with five years current experience in revegetation and regeneration with a minimum of 3 years current experience in the field of pest plant management;
a botanist or ecologist with a minimum of 3 years current experience in the field of pest plant management;
an environmental consultant with a minimum of 3 years current experience in the field of pest plant management.
Undertaking Fauna site works and calculating compensatory habitat is considered to be a Fauna Spotter Catcher with current certification under the Queensland Parks and Wildlife Service.
On Maintenance
Request for On Maintenance is the responsibility of the developer.  No credit will be given due to failure to request inspection.  Maintenance works are the responsibility of the developer and must include regular inspections, repairs, rectifications and establishment.  A single maintenance run immediately prior to inspection is not acceptable.
Off Maintenance
A re-inspection fee in accordance with Councils Fees and Charge Register will be charged where:
A Council inspection reveals works do not comply with approval requirements.
Submitted certification falsely states works comply with approval requirements.
Environmental Advisory Notes
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
Accepted best practice standards include International Erosion Control Association Australasia Best Practice Erosion and Sediment Control
Qualified Person, for the purpose of erosion and sediment control is a Certified Professional in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional Engineer of Queensland (RPEQ).
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the final inspection:
Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual; and
Stormwater runoff from the site is not currently, and is not likely to result in visible evidence of sedimentation or erosion, or lead to water contamination.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
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,

Mark Lewis
Coordinator-Engineering

Enc:	Appeal Rights
Approved Plans/Documents

	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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