SUPERSEDED Decision Notice · REC15/0011

Officer:	Jack Lewis
Direct Telephone:	07 53296236
Our Reference:	REC15/0011
Your Reference:	PR122205-3.1001JS.lp

18 December 2015

Sunshine Beach Constructions Pty Ltd
C/- RPS Group
PO Box 6149
MERIDAN PLAINS  QLD  4551

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 17 December 2015, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
application details
Application No:	REC15/0011
Street Address:	1 George Street, Tewantin Qld  4565
Real Property Description:	Lot 1 RP 220516
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
The following type of approval has been issued:
Development Permit to Reconfigure a Lot - 1 lot into 11 lots plus balance lot
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

When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance 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 unless otherwise amended by these conditions.
Plan No.	Rev.	Plan, prepared by	Date
122205-11		Proposed Reconfiguration of a Lot – Lots 1-11 & 900 Cancelling Lot 1 on RP220516, prepared by RPS	17/04/2015
15513-SK01	E	Preliminary Stormwater Drainage Layout Plan, prepared by TOD Engineers	07/10/2015
15513-SK02	E	Preliminary Stormwater Drainage Layout Plan, prepared by TOD Engineers	07/10/2015
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
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.
LANDSCAPING
Retention of Existing Trees
The existing trees on the site and within the George Street frontage shall be retained in accordance with an Arborist Report prepared by a qualified person and endorsed through an Operational Works approval and must include in particular:
The trees indicated for retention within the George Street frontage as shown on Drawing 15513-SK01 Revision E;
All trees above 2m in height on the proposed lots, not affected by any infrastructure or earthworks, must be retained until a building permit has been issued for that lot;
Any underground pipelines and/or conduits for services across George Street and/or the park area must be tunnel bored where necessary to preserve mature trees;
Trees identified on the Preliminary Rehabilitation Plans drawn by Mark Bizzell and dated 13 May 2015 are not to be removed as part of this higher order approval.
The Arborist Report must provide a Construction Work Plan which documents and directs the civil work procedures, including third parties, to ensure the works do not impact on the trees designated for retention. Where interference is unavoidable, the report must document the areas and provide clear work procedures in these areas. All works required by the Arborist Report must be supervised by a qualified person with a minimum Level 5 qualification.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and The Noosa Plan for that specific area and must include in particular:
A landscaping strip along the road frontage of the subject site, exclusive of the access driveways, generally uncompromised by infrastructure items;
Provision of 1 street tree (minimum 45L) within the road reserve for every 8 metres of road frontage;
Provision of turf to street frontage area;
Control of all weeds species listed in the following standards and legislation:
declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003; and
Planning Scheme Policy 3 – Landscaping Plants & Guidelines.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form.
Dedication of Land as Reserve
The area of the site identified as Lot 900 on the Approved Plans must be dedicated to the Crown as a reserve for Environmental Purposes.
The land to be dedicated is “non-trunk infrastructure” for the purposes of the Sustainable Planning Act 2009.
The land area to be dedicated must include easements over all relevant infrastructure (such as bio basins, underground pipes and access ways) located within the reserve area. These easements must be registered prior to the dedication of Lot 900.
The following activities must not be carried out within the area identified as Lot 900 on the Approved Plans:
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 native plants.
The following exceptions apply:
declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003, and any Council Listed Environmental Weeds, 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;
any works approved in writing by Council.
Works within Reserve Area
The following works must be undertaken within the land to be dedicated to the Crown as reserve, in accordance with a subsequent Operational Works approval:
Provision of a 3 m wide gravelled access track from the eastern side of the reserve to the bio-basin areas, generally positioned against lot boundaries and avoiding significant trees.
Restoration of the reserve area (excluding a 20m setback from the rear boundaries of the proposed lots) must occur in accordance with a restoration plan approved by Council. The restoration plan shall specify a maintenance period of no less than 3 years and be authored by a suitable person with at least 5 years of experience in the preparation of such plans. The restoration plan must include, at a minimum the following items:
A species palette incorporating only native local species, consistent with the original landscape species assemblage and suitable for the location;
Species selection must be weighted towards primary koala food trees;
Measurable and achievable criteria on which the performance of the floristic and structural component of the re-vegetation strategy can be assessed annually over three years, including no weeds on the entire reserve area for all of the 3 years and at the end of the re-vegetation period;
All nursery stock shall be weed, pest and disease free and certified as such from the supplier;
Control of all declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003, and any Council Listed Environmental Weeds, Exotic Grasses and other plants identified in writing by Council.
Nesting boxes of a range of sizes must be installed in nominated trees within the protected land suitable for local native fauna. The number, type, size, location and purpose of the nesting boxes are to be specified. The manner in which these nesting boxes are to be maintained shall also be specified.
Practical and cost effective bushfire management recommendations taking into account the existing and potential fuel loads as a result of rehabilitation of the reserve area. This shall be undertaken by a suitably qualified bushfire management professional.
Fencing (post and rail) and vehicle access gate to the George Street frontage, between lot 1 and lot 46 on T16321.
Dog exclusion fencing provided to all lots interfacing the reserve area.
Any works within the Reserve Area must avoid or minimise interference with retained trees root zones.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
ENGINEERING
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the boundary clearances for any existing buildings remaining on the site comply with the relevant provisions of the planning scheme and the Building Act 1975, unless varied by this Decision Notice;
all constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement; and
all utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to each lot in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to each lot.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 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.
Frontage Works
George Street must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Construction of kerb and channelling and as may be reasonably extended beyond the frontage of the site;
Any necessary adjustment to the road’s pavement and sealing;
Any necessary adjustments or repairs to the existing concrete footpath due to the development works;
Street stormwater drainage collection and disposal to a legal point of discharge including any stormwater quality treatment devices where required;
Grassed verge at batters generally not steeper than 1:4; and
Landscaping as specified within this approval.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
Driveways
Access driveways to the proposed lots must be provided generally in accordance with the approved plans and in compliance with an Operational Works approval and must include in particular:
Crossovers (separate or shared) in accordance with the applicable standard drawings; and
Sealed driveway access handles in accordance with Council’s standards and policies.
Electricity and Telecommunication Services
Underground reticulated electricity and telecommunication services must be provided to each lot in accordance with an approval for Operational Works and 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 which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Easements for inter-allotment drainage within all affected lots that encompass the constructed drainage structures and must provide for secondary flow path where necessary.
Unless otherwise agreed in writing by the relevant service provider, any municipal, public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Tunnel Boring for Services
All earthworks must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
Any underground pipelines and/or conduits for services across George Street must be tunnel bored under road and pathway pavements, or as may be approved otherwise by Council in the Operational Works stage. Also, tunnel boring shall be used where necessary to preserve mature tree identified for protection and as may be recommended by an arborist or a similar specialist in charge.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval, and must include in particular:
Drainage structures generally as shown on the Approved Plans;
The provision of inter-allotment drainage for all proposed lots and the registration of appropriate drainage easements.  All surface and roof stormwater runoffs from all lots, including lots with s street frontage, must be collected and drained into the inter-allotment drainage system.  Also, overland flow paths must be provided and formalised over the inter-allotment drainage easements where required; and
A maintenance path to any proposed bioretention basin that is suitable for Council’s maintenance vehicles.
The submission of the first application for operational works approval associated with the development must include a Stormwater Management Plan certified by an RPEQ and including relevant modelling and calculations to demonstrate that the development will be able to achieve 80% reduction in Total Suspended Solids, 60% reduction in Total Phosphorous and 45% reduction in Total Nitrogen and that the Peak 1-year ARI event discharge within the receiving waterway is equivalent to the pre-development peak 1-year ARI event discharge.
Operational Works plans must be consistent with the approved Stormwater Management Plan.
The design for any bioretention basins must be consistent with the Water by Design (2014) Bioretention Technical Design Guidelines (Version 1.1) Healthy Waterways Brisbane.
The submission of the first application for operational works approval associated with the development must demonstrate that any runoff from the George street frontage must be treated through natural treatment strategies, including grass swales and bio-retention systems or vegetated filtration strips prior to discharge to receiving waterways.
The submission of the first application for operational works approval associated with the development must include an Acid Sulfate Soil Assessment report prepared by suitably qualified specialist in accordance with Queensland Acid Sulfate Soil Technical Manual and supported by appropriate testing and documentation to demonstrate the full extent of potential and actual acid sulphate soil in areas where excavations below 5m AHD are necessary. If acid sulfates are present, the applicant shall either relocate the bioretention basins to be wholly elevated outside potential or include an acid sulphate soil management plan to address any potential impacts.
referral agencies
Referral	Referral Agency	Address	Referral Trigger
Concurrence	Department of Environment & Heritage Protection	Department of Infrastructure, Local Government and Planning PO Box 1129 Maroochydore QLD 4558	Schedule 7, Table 2, Item 14 – Coastal Management District
Advisory notes
PLANNING
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 on 07 3247 6212 to discuss any obligations under the ACH Act.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges).
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. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
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:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.  NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Unitywater
Connection to the Unitywater live water supply and live sewerage system must be undertaken by Unitywater at the applicant’s cost.
property notes
The following property notes will be placed against the subject property in Council’s property record system:
Inter-allotment Easement and Overland Secondary Flow Path
The following notation or similar applies to approved lots 1, 2, 3, 4, 5, 8, 9 and 10:
“A private inter-allotment stormwater drainage system and overland secondary flow path are located within this allotment and the owner is responsible for any maintenance and ensuring no obstruction for the overland secondary flow path”
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Operational Work (Earthworks, Roadworks, Stormwater Drainage, Frontage Works, Landscaping & Park Rehabilitation and Electrical Reticulation).
self assessable codes
Not Applicable
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

Kerri Coyle
Manager Planning & Environment

cc	Unitywater

Enc:	Infrastructure Charge Notice
Referral Agency Response
Approved Plans/Documents
Appeal Rights

	Referral Agency Response SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

	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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