Decision Notice - Council Meeting Decision MCU21 0151

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU21/0151
Your Reference:	n.a
23 May 2022
Telstra Corporation Limited
C/- Downer EDI Limited
Level 10, 567 Collins Street
MELBOURNE  VIC  3000
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 19 May 2022, Council decided to approve the application, subject to conditions.
Council also advises the applicant to remove the demountable building (the former exchange building) or obtain building approval within 90 days of the date of this approval.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU21/0151
Street address:	25 Railway Pde Pomona Qld 4568
Real property description:	Lot 1 RP 147703
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises (Telecommunication Facility)
currency period of approval
The Currency Period for this development approval is stated in the conditions below.
assessment manager conditions
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to the use commencing, and then compliance maintained at all times while the use continues.

Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Sheet No.	Plan/Document Name	Date
QC100259	S0	Site specific notes, prepared by Telstra	18.06.2021
QC100259	S1	Site Layout and Access, prepared by Telstra	18.06.2021
QC100259	S1-1	Site Layout, prepared by Telstra	18.06.2021
QC100259	S1-2	Site Setout Plan – Option 1, prepared by Telstra	18.06.2021
QC100259	S3	East Elevation, prepared by Telstra	18.06.2021
QC100259	G4	Site Earthing – Option 1, prepared by Telstra	18.06.2021
QC100259	G4-2	Earthing Scenario 3, prepared by Telstra	18.06.2021
QC100259	G4-4	Trench Details, prepared by Telstra	18.06.2021
QC100259	E2	AC Power Connection, prepared by Telstra	18.06.2021
QC100259	T2	Concrete Foundation Details, prepared by Telstra	18.06.2021
QC100259	T2-1	Equipment Platform – H Frame Detail, prepared by Telstra	18.06.2021
QC100259	T8	Compound Fence and Gate Details, prepared by Telstra (as annotated by Council)	18.06.2021
501-PL	A	Landscape Concept Plan, prepared by Urbis	21.12.2021
Nature and Extent of Approved Use
The maximum height of the satellite dish must not exceed the maximum height as reflected in the approved plans with respect with the finished ground level and the natural ground level.
No lights are permitted to be attached to the telecommunications facility, except where required for hazard lighting purposes or similar.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 19 May 2028, unless an application to extend the currency period is approved by Council.
Health and Safety
The development must not, at any time during the life of the development, result in human exposure to environmental electromagnetic emissions exceeding the current regulations, standards and/or recommendations of the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA). The carrier of the infrastructure must provide, at any time upon request by Council, written certification to demonstrate compliance with this condition. The written certification must assume:
a maximum number of users over the lifetime of the structure;
full power usage;
a maximum down tilt of antennae.
Colours and Finishes
The development must be finished in pale eucalypt or the like in order to visually blend into the landscape.
Associated fencing (and gate) as shown on the approved plans must be visually unobtrusive and must be camouflaged through the use of colours, materials and screening vegetation to blend the fence into the visual landscape.
Site maintenance
The site must be kept tidy and well maintained at all times for the life of the development.
Cessation of Use
The facility must be removed from the site upon cessation of the use.
Noise
Written certification is required from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following:
Air-conditioning and equipment
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable = background + 3dB(A)
The certification must be submitted to Council, which certifies that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice.
Vegetation Retention
Existing trees on the site must be retained, except where required to be removed to accommodate the approved use.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Landscaping Works
The development site must be landscaped generally in accordance with the approved plans and include additional landscaping to enhance the amenity of the site.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan and Planning Scheme Policy PSP2 - Landscaping for the Pomona area and must include in particular:
the works shown on the approved Landscape Concept Plan, and in addition include the following:
1 x 45L pot size street tree per 8m of road frontage (minimum 7 trees);
ii.	Screen planting (minimum 20L pot size) along side boundaries planted at maximum 3 metre centres with a maximum 3 metre height at maturity; and
iii.	Screen planting (minimum 20L pot size) planted at maximum 3 metre centres with a maximum 3 metre height at maturity that screens buildings and structures visible from the street (exclusive of access driveways). Planting must be as close to the buildings and infrastructure as practicable for maximum screening.
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 and be refurbished when its life expectancy is reached.
The site must be regularly maintained at all times with all landscape works maintained generally in accordance with the approved design for the life of the development.
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.

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.
reasons for approval
1.	The proposal is minor in nature and is co-located within a site with existing telecommunication facilities.
2.	The proposal can be conditioned to comply with the amenity and character elements sought by the Overall Outcomes in the Noosa Plan 2020.
referral agencies
Not Applicable
advisory notes
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
property notes
Not applicable.
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	Landscaping
Development Permit for Building Works	Building Works
submissions
There was 1 properly made submissions about the application. In accordance with the Planning Act 2016, the name, address and electronic address of the principal submitter for each properly made submission is provided and attached.
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,

Patrick Murphy
Acting Manager, Development Assessment

Enc:	List of Submitters
Appeal Rights
Approved Plans/Documents

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017

Name	Email	Address
Brian O'Conor		PO Box 218 Gympie Qld 4570

	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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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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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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ee) NOOSA COUNCIL