SUPERSEDED - Decision Notice - Approved by Delegation of Authority MCU21 0231

Officer: 	Georgina Schramm
Direct Telephone: 	07 53296569
Our Reference:	MCU21/0231
Your Reference:	0283
5 September 2022
Mark Bain Constructions Pty Ltd
C/- Pivotal Perspective Pty Ltd
95/3 Hilton Tce
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 30 August 2022, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU21/0231
Street address:	10 Natasha Ave & 24 Katharina St Noosa Heads Qld 4567
Real property description:	Lot 2 RP 122891, Lot 135 RP 92518
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Multiple Dwelling
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 conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.

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
S1.0	-	Site Plan prepared by Chris Clout Design	19 August 2022
S1.3	-	Landscaping prepared by Chris Clout Design	19 August 2022
C1.0	-	K1, 2 & 3 Basement Plan prepared by Chris Clout Design	19 August 2022
C1.1	-	K1, 2 & 3 GF prepared by Chris Clout Design	19 August 2022
C1.2	-	K1, 2 & 3 UF Plan prepared by Chris Clout Design	19 August 2022
C1.4	-	K1, 2 & 3 Elevations prepared by Chris Clout Design	19 August 2022
C1.5	-	K1,2 & 3 Elevations prepared by Chris Clout Design	19 August 2022
C1.6	-	K1, 2 & 3 Sections prepared by Chris Clout Design	19 August 2022
C2.0	-	K4, 5 & 6 GF Plan prepared by Chris Clout Design	19 August 2022
C2.1	-	K4, 5 & 6 UF Plan prepared by Chris Clout Design	19 August 2022
C2.2	-	K4 Elevations prepared by Chris Clout Design	19 August 2022
C2.3	-	K5 & 6 Elevations prepared by Chris Clout Design	19 August 2022
C2.4	-	K4, 5 & 6 Sections prepared by Chris Clout Design	19 August 2022
C3.0	-	N1 & N2 LF Plan prepared by Chris Clout Design	19 August 2022
C3.1	-	N1 & N2 GF Plan prepared by Chris Clout Design	19 August 2022
C3.2	-	N1 & N2 UF Plan prepared by Chris Clout Design	19 August 2022
C3.3	-	N1 & N2 Elevations prepared by Chris Clout Design	19 August 2022
C3.4	-	N1 & N2 Elevations prepared by Chris Clout Design	19 August 2022
C3.5	-	N1 & N2 Sections prepared by Chris Clout Design	19 August 2022
Nature and Extent of Approved Use
The approved Multiple Dwellings is comprised of eight (8) dwellings, six (6) of which are small dwellings, in accordance with the administrative definition under the Noosa Plan 2020.
Currency Period
This development approval lapses if the use has not happened by 30 August 2028, unless an application to extend the currency period is approved by Council.
Reconfiguration of a Lot
The existing allotments are to be amalgamated into one allotment and a new Certificate of Title issued to cover the newly created allotment prior to the issue of a Development Permit for Operational Works.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level except where shown on the approved plans.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $25,000 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.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site 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 the development site.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be fully enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, and must remain generally open on at least 1 side.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must not exceed 2m in height.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Retention of Existing Trees
An arborist’s report is to be submitted for approval as part of the Operational Works application. The purpose of the arborist’s report is to identify the native vegetation to be retained or removed across the two allotments, and within the road reserve, with existing native vegetation retained where located outside the approved building footprints.
All existing trees in the road reserve must be retained unless otherwise approved to be removed through an Operational Works application.
Any trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained;
installing protective fencing around the drip line of the vegetation;
restricting stockpiling, storage and vehicle parking to those areas which are already cleared;
using low impact construction techniques around vegetation.
Landscaping Works
An amended landscaping plan is to be provided prior to commencing Operational Works, and is to include:
landscaping species details as annotated on the ‘Landscaping Concept Plan’ on the approved Landscaping Plan of this Decision Notice; and
adopt the findings and recommendations of the Arborist Report, to retain trees species where within areas of soft landscaping.
The works must be undertaken in accordance with an Operational Works approval and associated revised Landscaping Plan, the Noosa Plan and Planning Scheme Policy PSP2 - Landscaping for that specific area and must include in particular:
the works shown on the approved Landscaping Plan;
a 1 metre wide landscaping strip within the Lot, along the Natasha Avenue and Katharina Street road frontage of the subject site, exclusive of the access driveway, generally uncompromised by infrastructure items;
provision of 2 x 100 litre pot size street trees within the road reserve of both Natasha Avenue and Katharina Street frontages.
screening landscaping for the full length of all boundaries including screening plants which grow to a minimum height of 5m at maturity and provided at maximum 1.5m centres. The screening plants must have a minimum pot size of 200mm.
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.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.

Treatment of Temporarily Vacant Land
Where some or all of the land remains vacant or undeveloped for more than 3 months, or buildings are demolished and redevelopment is delayed for more than 3 months, the following works must be carried out:
the site must be cleared of all rubble, debris and demolition materials
erosion and sediment control devices installed
the site must be graded to prevent ponding (to the same level as the adjoining footpath wherever practicable)
the site must be maintained to ensure no nuisance to adjacent premises, roads or footpaths
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
External Works
Natasha Avenue and Katharina Street must be upgraded for the length of its frontages to the subject site.  The works must be undertaken generally in accordance with TOD Consulting’s plan 21617-SK200, Rev B “Preliminary Design – General Arrangement” and in accordance with an Operational Works approval and must include in particular:
construction of kerb and channelling and underground stormwater drainage to the development side only;
construction of a pedestrian footpath in accordance with the conditions of this Decision Notice;
removal of the existing properties’ accesses and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed.
Site Access and Driveways
Two sealed access driveways must be provided from Natasha Avenue and Katharina Street to all parking and manoeuvring areas of the development. The works must be undertaken generally in accordance with TOD Consulting’s plan 21617-SK200, Rev B “Preliminary Design – General Arrangement” and in accordance with an Operational Works approval and must include in particular:
driveway crossover in accordance with council standard drawings RS-049, RS-050 and respective addendums.
Car Parking
A minimum of 17 car parking spaces must be provided and marked on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
one (1) visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use;
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken generally in accordance with TOD Consulting’s plan 21617-SK200, Rev B “Preliminary Design – General Arrangement” and in accordance with an Operational Works approval and must include in particular:
a. 	a 1.5 metre wide concrete footpath within the road verge for the entire length of the site’s frontage to Natasha Avenue, alignment to be determined at operational works stage, with consideration given to the existing native trees in the road reserve;
b. 		a 1.5 metre wide concrete footpath within the road verge for the entire length of the site’s frontage to Katharina Street.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken generally in accordance with TOD Consulting’s plan 21617-SK200, Rev B “Preliminary Design – General Arrangement” and in accordance with an Operational Works approval.
Services
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, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
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.
Earthworks and Retaining Walls
All excavation, fill and associated batters must be undertaken generally in accordance with TOD Consulting’s plan 21617-SK100, Rev B “Preliminary Design – Earthworks” and 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.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
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:
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.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
Performance Bond
Where the works include Council assets (construction of new or modifications to existing) a portion of the performance bond will be retained as a “maintenance bond” as described in Council’s Planning Scheme Policy 6 Engineering Design Standards. Alternatively the developer may submit a separate “maintenance bond” at the completion of the works.
The bond amount will be:
5% of the agreed value of the works or
$1500, whichever is the greater amount
Qualified Person
For the purpose of preparing a Landscape Plan, a qualified person is considered to be a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
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.
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;
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;
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details;
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
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.
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	Road work, Stormwater, Drainage work, Earthworks, Landscaping, Signage, Vegetation Clearing.
Development Permit for Building Works	All building work (including demolition)
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 online at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Georgina Schramm
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

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