Decision Notice - Approved by Delegation of Authority RAL21 0029

Officer: 	Lisa Pienaar
Direct Telephone: 	07 5329 6514
Our Reference:	RAL21/0029
Your Reference:	20210414
17 May 2022
R Magee
C/- Adapt Town Planning
PO Box 7618
SIPPY DOWNS QLD 4556
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 16 May 2022, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	RAL21/0029
Street address:	15 Jirrima Cres Cooroibah Qld 4565
Real property description:	Lot 43 RP 136461
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot – 1 into 2 lots
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 works required by the conditions of this Decision must be completed prior to submission of the subdivision plan to Council for plan sealing.
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
218803-02-01	-	Proposal Plan prepared by Cadcon Surveying and & Town Planning	11/01/2022
SD04		Site Plan, prepared by Robinson Architects	1/11/2021
LD1, Sheet 1 of 6	D	General Notes prepared by Anembo Consultants	18/03/2022
LD2, Sheet 2 of 6	D	General Notes prepared by Anembo Consultants	18/03/2022
LD3, Sheet 3 of 6	D	Schedule of Finishes, Specification Notes & Typical Detail prepared by Anembo Consultants	18/03/2022
LD4, Sheet 4 of 6	D	Plant Schedules prepared by Anembo Consultants	18/03/2022
LP1, Sheet 5 of 6	D	Landscape Plan prepared by Anembo Consultants	18/03/2022
LP2, Sheet 6 of 6	D	Landscape Plan prepared by Anembo Consultants	18/03/2022
All lot numbering on the subdivision plan to be submitted to Council for plan sealing must remain as shown on the Approved Plans.
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with, and the plan of survey lodged with Council for endorsement by 16 May 2026, unless an application to extend the currency period is approved by Council.
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.
Effluent Disposal
The development must be provided with an on-site waste water treatment and effluent disposal system in accordance with On-Site Effluent Report – Proposed Subdivision, prepared by Australian Soil Investigations (ASI), Report No. 200264(S) and dated 23 August 2021.
*(Refer to Advisory Note)
Property Access and Driveways
A residential driveway must be constructed to Lots 1 & 2. The works must be undertaken in accordance with an Operational Works approval and in accordance with the Noosa Plan 2020 (PSP6 Engineering Design Standards) and include but not be limited to:
a sealed driveway extending from the road formation in Jirrima Crescent to the end of the access handle,
a vehicle crossover in the road reserve generally in accordance with Council’s standard drawings,
a sealed driveway (concrete or bitumen sealed gravel 200mm) with a width of 4.5m, and
a driveway constructed with finished levels that do not block any existing overland flow paths, redirect runoff on to or create additional ponding on adjoining properties
underground service conduits for the provision of electricity and telecommunications extending from the road reserve to the end of the access handle
Vehicle access to Lot 1 is limited to the constructed driveway only.  A clause must be included in the contract of sale for Lot 1 which requires vehicle access to be from the constructed driveway only, and which prohibits any other the driveway without Council agreement.
The following property notation or similar will be added to Council’s rates records for Lot 1
To ensure that the integrity of vegetation within the site is protected, vehicle access to this lot must be from the constructed driveway only unless otherwise approved by Council (refer to Council Approval RAL21/0029).
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Services
Underground reticulated electricity and telecommunication services must be provided to each lot in accordance with the standards and requirements of the relevant service provider.
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 and NBN) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
A 10m wide easement for access and services purposes must be registered against the title of proposed Lot 1 in favour of proposed Lot 2. The easement must be located generally in accordance with the approved plan
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.
Covenant
A vegetation protection covenant must be registered against the titles of the properties over the land areas defined as the Riparian Buffer Overlay (Riparian Buffer Area and Waterways - Noosa Plan 2020) on the subject site identified as Covenant Area B and Covenant Area C on the Approved Plans pursuant to Section 97A of the Land Title Act 1994. The covenant document and a survey plan must be submitted to Council for endorsement prior to lodgement with the relevant titles authority for registration of title. The covenant document must:
incorporate the requirements of this Decision Notice;
include Noosa Council as Covenantee;
reference Queensland Land Title Registry Standard Terms Document No. 715597513;
reference the Covenant Area Management Plan (or similar);
reference the Bushland Rehabilitation Program (or similar);
include permanent fauna friendly fencing required on internal boundary to Covenant Area B and Covenant Area C (3 strand plain wire (no barbs) and bottom strand minimum 300mm from ground); and
reference the Bushfire Risk Assessment and Bushfire Risk Management Plan for A Reconfiguration of a Lot (small rural residential subdivision) at 15 Jirrama Cr, Cooroibah, Queensland, prepared by Ecological Natural Area Management, Rev 2 and dated 8 March 2022.
The vegetation protection Covenant Area B must result in an area of not less than 5840m2 within proposed Lot 1 over the riparian buffer area and vegetation protection Covenant Area C must result in an area of not less than 5101 m2 within proposed Lot 2 over the riparian buffer area as detailed within the approved Plan 218803-02-01 (Proposal Plan prepared by Cadcon Surveying & Town Planning).
If a provision included in the covenant document is requisitioned or refused registration by the relevant titles authority, a substitute provision must be included in the document which as nearly as practicable addresses the objective sought by the requisitioned or refused provision. The wording of the substitute provision must be agreed by Council.
Land Rehabilitation
Rehabilitation works must be undertaken in accordance with an Operational Works approval, Noosa Plan 2020 and Planning Scheme Policy - PSP 2 Landscaping in accordance with the Approved Rehabilitation Plans.
A Covenant Area Management Plan (or similar) and a Bushland Rehabilitation Program (or similar) must be prepared by a qualified person* and endorsed through an Operational Works approval.
The land areas defined as the vegetation protection Covenant Area B and Covenant Area C within the Riparian Buffer Overlay (Noosa Plan 2020) on the subject site identified for rehabilitation on the Approved Plans must be rehabilitated* and removed of all weeds species prior to the submission of the sealing of the survey plan listed in the following standards and legislation:
Declared plants under the Land Protection (Biodiversity Act 2014 and sub-ordinate Regulation 2016).
Noosa Local Government Area Pest Management Plan 2015-2019.
Undesirable Species as listed in Planning Scheme Policy 3 Landscaping Plants and Guidelines.
The works must be undertaken in accordance with an Operational Works approval.
*(Refer to Advisory Note)
A “no clearing zone” must be established and maintained over the land area defined as being excluded from access on the subject site. The following activities must not be carried out within the no clearing zone:
clearing, cutting down, poisoning, lopping or pruning of native vegetation which is indigenous to, or planted within, the zone
soil/spoil dumping and/or compacting
soil excavation, other than for planting indigenous native plants or for works which are a natural consequence of this approval.
The following exceptions apply:
declared plants under the Biosecurity Act 2014, and any Council Listed Environmental Weeds, Undesirable species, Exotic Grasses and other plants identified in writing by Council
indigenous native trees which pose a well-founded threat to persons or property as approved in writing by Council
controlled bushfire burns to maintain ecological processes subject to submission of a Bushfire Management Plan and agreed in writing by Council.
All rehabilitation and re-vegetation of the waterway and Riparian Buffer areas must be completed prior to Council endorsement of the Plan of Survey.
Retention of Existing Trees
Prior to the prestart meeting, a bank guarantee or a bond of $10,000 must be lodged as security for the protection of the trees identified for retention in the conditions of this approval and in the Landscape Plans listed within this Decision Notice. The bond:
may be drawn upon by Council in its entirety if any one tree identified for retention is damaged to the point where the tree cannot be saved (as confirmed by the project arborist and agreed in writing by Council).
will be returned upon practical completion of all the operational works relating to this development.
The trees identified for retention in the conditions of this approval must be maintained in good health for the life of the tree.
Vegetation Management
An arborist’s report prepared by a suitably qualified person* is to be submitted for approval as part of the operational works application. The purpose of the arborist’s report is to identify the five native trees (identified within the Approved Plan LP1 Landscape Plan) to be removed on site. The vegetation to be retained in the vicinity of trees to be removed must be identified and tree protection measures required detailed within the report.
The works must be undertaken in accordance with an Operational Works approval.
(*Refer Advisory Note)
Works within Protected Land
The following works must be undertaken within the land to be covered by a vegetation protection covenant prior to the submission of the sealing of the survey plan:
Treatment and control of declared plants under the Biosecurity Act 2014 and all undesirable species as listed in Planning Scheme Policy 3 Landscaping Plants and Guidelines to prevent regrowth.
Plantings in accordance with a Covenant Area Management Plan (or similar) and a Bushland Rehabilitation Program (or similar) prepared by a qualified person* and endorsed through an Operational Works approval.
Removal of any structures, debris or materials foreign to a natural environment
The works must be undertaken in accordance with an Operational Works approval.
*(Refer to Advisory Note)
Fauna Management
Vegetation must only be removed or disturbed in accordance with a Fauna Management Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational Works approval.
*(Refer to Advisory Note)
Any domestic cats kept at all Lots must be permanently confined within buildings and/or cat enclosures for the purpose of protecting proximate wildlife. A clause must be included in the contract of sale which alerts purchasers to the requirement of this condition.
Fencing to Protected Land
A permanent fence must be constructed around the entire perimeter of a vegetation protection covenant area. The fence must be constructed in accordance with an Operational Works approval and must be to the following specification:
1.2 metres high;
3 strand plain wire (no barb);
Bottom strand no less than 300mm off the ground;
Include a pedestrian access gate; and
Include A5 sized signage with the wording “Vegetation Protection Covenant Area – No domestic animals” every 15m, durable, weather resistant and visually complementary to the natural environment.
Community Awareness of Protected Land
An Environmental Awareness and Education Brochure must be prepared and provided to all purchasers with the contract of sale. The brochure must provide educational information regarding the significance of the Vegetation Protection Covenant, the requirements of maintaining the Vegetation Protection Covenant and the potential negative impacts that may result from some resident activities such as the keeping of domestic pets, the disposal of green wastes, and etc.
Easements
A 10.1 metre wide easement for access purposes must be registered against the title/s of the properties in favour of Council over the proposed easement identified on the Approved Plans.
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.
Bushfire Management – Reconfiguration Requirements
All works must be carried out in accordance with the approved Bushfire Risk Assessment and Bushfire Risk Management Plan, prepared by Ecological Natural Area Management, Rev 2 and dated 8 March 2022.
*(Refer Advisory Note)
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the Bushfire Risk Assessment and Bushfire Risk Management Plan, prepared by Ecological Natural Area Management, Rev 2 and dated 8 March 2022 and the bushfire management conditions of this Decision Notice.
*(Refer Advisory Note)
A clause must be included in the contract of sale for Lots 1 and 2 which requires future dwellings to be constructed in accordance with section 8 of the Bushfire Risk Assessment and Bushfire Risk Management Plan for A Reconfiguration of a Lot (small rural residential subdivision) at 15 Jirrama Cr, Cooroibah, Queensland prepared by Ecological Natural Area Management, Rev 2 and dated 8 March 2022.
Bushfire Management – Future Dwelling Requirements
All future dwellings on the approved lots must be sited and constructed in accordance with section 8 of the Risk Assessment and Bushfire Risk Management Plan, prepared by Ecological Natural Area Management, Rev 2 and dated 8 March 2022.
Earthworks
All earthworks associated with the construction of the access driveway within the access handle must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
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:
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
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.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe vehicle and pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority.
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 an Arborist Report, a qualified person is considered to be a person with either:
ISA certification; or
a Diploma of Arboriculture in addition to a minimum of 3 years current experience in the field of arboriculture.
For the purpose of preparing a Rehabilitation Plan, Covenant Area Management Plan and/or a Bushland Rehabilitation Program, a qualified person is considered to be a landscape architect or ecologist with a minimum of 3 years current experience in the field of landscape design.
For the purpose of preparing a Fauna Management Plan, a qualified person is considered to be an ecologist with a minimum of 3 years current experience in the field of fauna assessment and management.
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.
Waste Water Treatment and Disposal System
The establishment of a waste water treatment and disposal system for the site requires a Compliance Permit to be obtained from Council under the Plumbing and Drainage Act 2002. The system must be designed in accordance with the Queensland Plumbing and Wastewater Code (Department of State Development and Infrastructure & Planning, 2007) and Australian Standard AS/NZS1547: 2000 “On-site Domestic Wastewater Management” or an alternative solution approved through Council’s Building and Plumbing branch. Where a development exceeds the accommodation or use of 21 or more equivalent persons a copy of an Operator’s Licence from the relevant State will also be required.
property notes
RAL21/0029 - Property Access Driveway
The following notation applies to approved lot 1:
To ensure that the integrity of vegetation within the site is protected, vehicle access to this lot must be from the constructed driveway only unless otherwise approved by Council (refer to Council Approval RAL21/0029).
RAL21/0029 – Vegetation Protection Covenant
The following notation applies to approved lots 1 and 2:
A Vegetation Protection Covenant applies to this lot. No clearing of vegetation is to occur within the covenanted area, except where in accordance with the terms of the covenant.
RAL21/0029 – Ecological Preservation
The following notation applies to approved lots 1 and 2:
A “no clearing zone” applies to this property for the purpose of vegetation protection. The landowner must maintain the property in accordance with the ecological preservation conditions of Council Approval RAL21/0029.
RAL21/0029 – Bushfire Management
The following notation applies to approved lots 1 and 2:
To ensure the safety of people and property on this property is maintained, all buildings and structures must be sited and constructed in accordance with the bushfire management conditions of Council Approval RAL21/0029 and associated Operational Work approvals.

RAL21/0029 – Control of Domestic Cats
The following notation applies to approved lots 1 and 2:
Domestic cats are permitted on this lot provided that they are permanently confined within buildings or cat enclosures. This requirement is designed to protect lower canopy and ground nesting and feeding birds which occur proximate to the lot.

VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Stormwater, Drainage work, Earthworks, Landscaping, Vegetation Clearing
Development Permit for Building Works	All building work
Development Permit for Plumbing Works	Effluent Disposal
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,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Infrastructure Charge Notice
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

[word/footer1.xml]
Page 10 of 10

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 10

[Attachment: image3.png (image text)]
ee) NOOSA COUNCIL