SUPERSEDED Decision Notice - Minor Change Existing Approval MCU20 0074.01

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU20/0074.01
Your Reference:	n/a
14 July 2021
MA Tarrant
11 Maher Tce
SUNSHINE BEACH  QLD  4567
[email protected]  [email protected]
Dear Applicant
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 30 June 2021, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU20/0074.01
Street address:	33 Tewantin Rd Cooroy Qld 4563
Real property description:	Lot 107 C 5604
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 7 December, 2020.
Development Permit for Material Change of Use of Premises With regard to Application No. MCU20/0074.01, to make a minor change to an existing approval for Multiple Dwellings situated at 33 Tewantin Rd Cooroy Qld 4563 described as Lot 107 C 5604, Council on 7 July 2021 decided to:
A.	Approve the change.
B.	Amend condition 14.
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.
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
SD03	A	Site Layout Plan, prepared by Abode Solutions	18/10/2020
-	-	33 Tewantin Rd Cooroy (screenshot of existing dwelling from Wythes Real Estate)	-
SD04	A	Site Plan, prepared by Abode Solutions	18/10/2020
SD05	A	Ground Floor Plan, prepared by Abode Solutions	18/10/2020
SD06	A	Upper Floor Plan, prepared by Abode Solutions	18/10/2020
SD07	A	Elevations 01, prepared by Abode Solutions	18/10/2020
SD08	A	Elevations 2, prepared by Abode Solutions	18/10/2020
SD09	A	Roof Plan, prepared by Abode Solutions	18/10/2020
SD10	A	Section, prepared by Abode Solutions	18/10/2020
SD14	A	Landscape Plan, prepared by Abode Solutions	18/10/2020
200437-C-00001	B	Civil Site Layout and Driveway Crossover Section, prepared by ARCOS Consulting	19/10/2020
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 7 December 2026, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
The approved Multiple dwelling is comprised of 3 dwellings, in accordance with the administrative definition under Noosa Plan 2020.
The plot ratio of the development must not exceed 0.4:1, in accordance with the administrative definition under Noosa Plan 2020.
Building Height
The maximum height of the development must not exceed 8 metres above natural and finished ground level.
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
Prior to issuing any operational works permit a security bond in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, prior to pre-start meeting to secure the performance of the conditions of this approval.  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.
Building Appearance
All air conditioning units or other mechanical equipment:
where located at ground level, screened by fencing 1.5 metres in height or dense vegetation of at least 1.5 metres in width incorporating grouped trees and shrubs with a maximum separation distance of 1 metre measured from the centre of the plant;
where located above ground level, enclosed or screened such that it is not visible from the street frontage nor adjoining properties; and
visually integrated into the line and plane of the building and roof design and does not project beyond the height or width of the building when viewed from the street and adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
Protection of Privacy
To ensure privacy is protected between properties, the windows of ‘Bed 2’ and the living space on level 2 must:
be fitted with translucent glazing;
be of a window sill height of at least 1.8 metres; or
be fitted with a fixed external screen.
The upper level balconies facing Olivine Lane must include either, balustrading or fixed external screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of adjoining property.
Materials and Finishes
Buildings and structures must use:
natural finishes and hues wherever possible;
a mix of lightweight and textured external finishes;
masonry construction where variation is provided in texture and the façade uses a variety of finishes to break up the surface; and
open or transparent balustrades.
Access to buildings
Access to the dwellings fronting Olivine Lane must have a step-free entrance door with opening width of at least 820 millimetres.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Fencing and Walls
Front fences or walls are to be setback an average of 1 metre and are articulated by stepping the design at a maximum of 5 metre intervals.
Where fences are located on the boundary:
Any solid portion of front fences or walls is no more than 1.2 metres high; or
Ensure it is 50% transparent and has a height not exceeding 1.8 metres.
The area of land between the fence and the front property boundary (after dedication of laneway) must be densely landscaped to screen any fencing from the street.
Landscaping
The development site must be landscaped.  The works must be undertaken in accordance with the approved plans and landscape concept plan, and Noosa Plan 2020 Planning Scheme Policy PSP2 Landscaping for the Cooroy area.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
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.
A minimum of 4 street trees (in total either side of the access driveway) are to be provided along the Olivine Lane frontage. The location of the street trees within the road reserve is to be confirmed in consultation with Council at the pre-start meeting. Street trees are to be of a species that does not impact on services or Council infrastructure and in accordance with Noosa Plan 2020 Planning Scheme Policy PSP2 Landscaping for the Cooroy area.
In addition to grass and street trees, the area of road verge adjacent to the visitor car space must be densely landscaped with vegetation (in accordance with Noosa Plan 2020 Planning Scheme Policy PSP2 Landscaping for the Cooroy area) that grows to a maximum height of 1.5 metres to ensure that the car space is screened from Olivine Lane.
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.
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.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
Environmental health
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy PSP9 - Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Noise emission from mechanical equipment shall comply with the following requirements:
Air-conditioning and Refrigeration
7am to 10pm: Maximum background + 5dB(A);
10pm to 7am: Maximum background + 3dB(A);
Pumps
7am to 7pm: Maximum background + 5dB(A);
7pm to 10pm: Maximum background + 3dB(A);
10pm to 7am: No audible noise.
Submission of written certification from a suitably qualified person confirming that the noise levels from all mechanical equipment comply when measured at either the residential boundary or outside the most exposed part of an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council.  All equipment should be operating at the same time to test the overall noise level created.
Engineering
Road Widening of Olivine Lane
The developer must dedicate as “road” a 2m wide strip extending across the full frontage of the site to Olivine Lane. The dedication must be in accordance with drawing number 200437-C-00001, Civil Site Layout and Driveway Crossover Section, prepared by ARCOS Consulting, dated 19 October 2020.
The dedication must be completed prior to the commencement of the use.
Olivine Lane must be upgraded for the length of its frontage to the subject site.  The works must be undertaken generally in accordance with drawing 200437-C-00001, Civil Site Layout and Driveway Crossover Section, prepared by ARCOS Consulting, dated 19 October 2020.
The works must include in particular:
construction of kerb and channelling and underground stormwater drainage
widening and sealing of the existing road pavement to the new kerb line
turfing and top soil to the new verge area
This is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Roadworks
Roadworks and associated stormwater works must be provided along the frontage of the site in accordance the approved plans and in compliance with an Operational Works approval.
Services
This permit is also subject to compliance with the requirements and approvals of any relevant public service provider (eg Unitywater).
The development works must not adversely impact on the stability and the structural integrity of any other property or private or public structure. Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to submitting application for Operational Works.
Site Access and Car Parking
A sealed access driveway must be provided from Tewantin Cooroy Road to parking areas of for existing house generally in accordance with approved plans. The works must be undertaken in accordance with an Operational Works approval.
A sealed access driveway must be provided from Olivine Lane to parking areas of the new development generally in accordance with approved plans. The works must be undertaken in accordance with an Operational Works approval.
Car parking and manoeuvring areas must be provided within the site generally as shown on the approved plans. The works must be undertaken in accordance with an Operational Works approval and must be in compliance with the provisions of AS/NZS 2890.1-2004 with allowance for standard vehicle B99 to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Storm water Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point/s of discharge generally in accordance with the approved plans and the relevant requirements of Queensland Urban Drainage Manual. The works must be undertaken in accordance with an Operational Works approval and supported by a detailed stormwater drainage design prepared and certified by a suitably qualified and experienced Registered Professional Civil Engineer (RPEQ).
The development of the site must not worsen existing drainage conditions on other properties by diverting stormwater runoff or cause additional stormwater ponding on any other property.
The development must incorporate water tanks at a minimum of 3,000 litres per dwelling and may be incorporated in any stormwater management plan.
Adequate overland flow path/s and/or pipeline/s to convey storm water runoff to ensure no worsening impacts are caused on other properties during major storm events (eg 1% AEP) due to the proposed development.
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property including road grassed verge.
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 the development site.
Easements
A 1.5m wide inter allotment stormwater drainage easement must be registered against the title of any property where a stormwater pipeline and/or a secondary flow path conveying stormwater from another allotment.
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 earthworks associated with the proposed development must be carried out in compliance with an Operational Works Development Permit.
Where earthworks and/or associated retaining works are in close proximity to or have a potential to impact on any existing public services (eg sewer mains and manholes) an approval or written endorsement must be obtained from the respective service provider and submitted to Council with the application for Operational Works.
All earthworks and associated batters/retaining walls must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments, Council’s codes and relevant government regulations and guidelines. Certification must be provided by an RPEQ and submitted to Council prior to the issue of the Certificate of Classification for the building.
Earthworks and development works carried out on site must not affect the structural integrity of the existing fences or structures that border the site.  Fences that are affected must be replaced in timely manner and in consultation and agreement of the owners of the related properties.
Telecommunication and Public 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.
Upon completion, certification must be submitted to Council from all relevant service providers which certifies that the development has met all applicable requirements and legislations at the time of construction.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1 (10.9.4.2.4.1) – Material Change of Use of premises near a state transport corridor (Planning Regulation 2017)	The agency provided its response on 20 October 2020, (Reference No. 2008-18366 SRA). A copy of the response is attached

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
COVID-19
This development approval has been issued during the COVID-19 applicable event declared under 275F of the Planning Act 2016.
The period for undertaking the approved development may be subject to a further extension of 6 months under section 275R of the Planning Act.
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.
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 5 Engineering Design Standards – Roads, Drainage and Earthworks. 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
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.
Building and Construction Industry (Portable Long Service Leave) Levy
Where applicable, the QLeave levy must be paid prior to the commencement of development works on site, QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority.
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6245 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
It should be noted prior to arranging a prestart meeting the Right of Appeal Period of 20 business days should have been passed or the applicant has confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
If Council officers are required to undertake additional inspections of the same works, a reinspection fee will be applicable in accordance with Council’s Fees and Charges register applicable at the time.
A minimum maintenance period of 12 months will apply to all municipal works and thereafter until such time as the works are performing in accordance with the approved design unless noted otherwise.
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	Access, stormwater, earthworks, landscaping
Development Permit for Building Works	All building works
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
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice -7 December 2020
Minor Change  – 7 July 2021, with an amendment to Condition 14

	

	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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mn

Transport Planning and Coordination Act 1994
Part 5, Division 2 — Review of Original Decisions

Applying for review
(1) A person may apply for a review of an original decision only within 28 days after notice of
the original decision was given tothe person under the transport Act.
(2) However, it
(a) the notice did not state the reasons forthe orginal decision; and
() the person asked for a statement of the reasons within the 28 days mentioned in
‘subsection (1)
the person may apply within 28 days after the person is ven the statement of the
{@) In adtion, the chief executive may extend the period for applying.
(4) An application must be written and state in detail the grounds on which the person wants
the original decision to be reviewed.

‘Stay of operation of original decision

(1) If person applies for review of an original decision, the person may immediately apply for
‘a stay of the decision to the relevant entity.

(2) The relevant entity may stay the original decision to secure the effectiveness of the review
‘and any later appeal to or review by the relevant entity

() In setting the ime for hearing the application, the relevant entity must allow at least 3
business days between the day the application is fled with it and the hearing day.

(4) The chief executive is a party to the application

(5) The person must serve a copy ofthe application showing the time and place ofthe hearing
‘and any document filed in the relevant entity with it on the chief executive at least 2
business days before the hearing

(6) The stay—

(a) may be given on conditions the relevant entity considers appropriate; and
{(®) operates for the period specified by the relevant entity; and
{(c) may be revoked or amended by the relevant entity.

(7) The period of a stay under this section must not extend past the time when the chief
‘executive reviews the original decision and any later period the relevant entity allows the
applicant to enable the applicant to appeal against the decision or apply for a review of
the decision as provided under the QCAT Act


[Attachment: image11.png (image text)]
(8) The making of an application does not affect the original decision, or the carrying out of the
criginal decision, unless itis stayed.
(9) In this section—

relevant entity means—

36

(a) ifthe reviewed decision may be reviewed by QCAT—QCAT; or
(b)ifthe reviewed decision may be appealed to the appeal courtthe appeal court

‘Time for making appeals
(1) A person may appeal against a reviewed decision only within—
(a) if decision notice is given to the person—28 days after the notice was given to the
person; or
() ifthe chief executive is taken to have confirmed the decision under section 34(5)—58
{days after the application was made.
(2) However, it—
(a) the decision notice did not state the reasons forthe decision; and
() the person asked for a statement of the reasons within the 28 days mentioned in
subsection (1)a);
the person may apply within 28 days after the person is given a statement ofthe reasons.
(8) Also, the appeal court may extend the period for appealing


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Queensiand

Queenstand Treasury

SARA reference: 2008-18988 SRA

Councl reference: MCUZDOOT#

‘Appear reference: 0136

20 October 2020

Chief Executive Offcer
Noosa Shire Counc
POBox 141
‘TEWANTIN QLD 4566
rmali@noosa qld. gov.au

‘Atention: Ms Liss Pienaar

Dear Ms Pienaar

SARA response—33 Tewantin Road, Cooroy
(Reta agency response ven nde scion othe Planing At 2016)

“The development application desorbed below was confirmed as property referred by the State
‘Assessment and Referral Agency (SARA) on 18 August 2020.

Response
Outcome:
Date of esponce:
Conditions:

Advice:
Resson:

Development details
Description:

SARA role
SARA tigger

‘SARA reference:
‘Assesement Managec

Page terT

Releral agency response — with conditions
120 October 2020

‘The concitions in Attachment 1 must be attached to any
development approval

‘Advice tothe appicat is in Attachment 2
“The reasons for the referal agency response are in Attachment 3

Development perm Material Change of Use - Multiple dweling
(G dwalings)
RReferal Agency

‘Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, tem 1
(10.84.24.1)— Material change of use of premises near a state
‘wanspon condor (Planning Regulaton 2017)

2008-128988 SRA
Noosa Shire Counc!


[Attachment: image17.png (image text)]
Street acres: 38 Tewantin Read, Coorey
Real property description: Lot 107 on C5604
‘Applicant name: Michael Tarant Ci. Pivotal Perspective Py Lid
‘Applicant contact details: 4/60 Mary St

‘Noosavile GLO 4560

[email protected] au

‘State-contoled oad access This referal included an application fora road access location, under
permit: section €2A(2) of Tranapor! inactrcture Act 1994. Below are the
Getals of the decision provided in conjunction wih SARA'S response:

+ Approved
1+ Reference: TMR20-020640,

+ Date: 19 October 2020

Ifyou are seeking further information onthe road access permit,

plssse contact the Deparment of Tranepor and Min Rosde at
North Coast [email protected]

Representations

“Ba applicant may make represeriatons to a SOnGuTence Ageney, alany tne beers the applcaion
cided, about changing s matter inthe referal agency response (s.30 Development Assecement
FRulee). Copies ofthe relevant provisions aren Attachment 4.

‘A copy of this response has been sent tothe applicant fr their information.

For futher information please contact Jacke Lararte, Senior Planing Officer, on 07 4122 0408 or via
emai ip ald gov. who wil be plassad to assist.

 

‘Yours sincerely

YUM

‘susan Kidd
“Manager (Program Improvement)

ce Michal Tarant Ci Pivtl Perspectve Ply Li, [email protected] au

ene Atachmant | -Refaral aganey constions
‘Atachmant 2 -Aawes tothe sppicant
‘Atachmant 3 - Reasons ‘errors! agency response
‘Atachmant 4» Represerstons abou reeral agency response provisons
‘Atachment 6 - Approved plans

‘it Aecesonet an etal Ago) PagezetT


[Attachment: image18.png (image text)]
Attachment 1—Referral conditions

 

(Tider secon B8( TVX of he Planing Act 2076 te Towing conations Ras be SaCRed Wo any GvSORTERL
‘approval elng to this application (Copies ofthe plans referenced below are found at tachment 5)

 

No._| Conditions

‘Condition ming

 

10.84.24 1_Material change of use of premises near a sate transpor coridor—The chief executive
administering the Planning Act 2016 nominates the Director-General ofthe Department of Transport
‘and Main Roads o be the enforcement authority forthe development to which this development,
“Seproval relates forthe administration and enforcement of any mater relating

cendton(s):

0th flowing

 

7

(@) Vehicular access fom ihe existing dweling to Tewantn Roads
to be located generally in aosordance wit the Ste Layout Plan
prepared by Abode Solutions, dated 05.10 2020, drawing no.
'SD03 and revision (as amended inred by SARA on 20
‘October 2020).

(©) Road access works comprising alow density residential vehicle
crossing must be provided atthe road access location specified
In par (a) of ths eonditon

(c) The road access works must be designed and construct in
accordance with the following standards:

|. Vehicle Crossing Low Density Residential Plan 1 of 2
prepared by the institute of Pubic Works Engineering
‘Australasia, dated 01/10, drawing no. RS-049 and revision
E

Vehicle Crossings Residential Driveways Plan 2 of 2
prepared by the insttute of Pubic Works Engineering
‘Australasia, ated 10/17, drawing no. RS-060 and revision
S

|i. Department of Transport and Main Roads’ Road Planning
and Design Manual (2nd edition).

(a Atallimes

(and.e)
Porto te
‘commencement of use

 

 

 

Direct access isnot permiied between the duplex and Tewantin|
Rose.

“ial mes

 

 

 

‘it Aecesonet an etal Ago)

Pages?


[Attachment: image19.png (image text)]
Attachment 2—Advice to the applicant

 

General advice

 

1

“Terms and phrases used in this document are defined mn the Planning Act 2076 fs regulation or
the State Development Assessment Provisions (SDAP), version 28. fa word remains
Undefined thas ts ordinary meaning.

 

Further permit requirements

 

z

Under section 33 ofthe Tranapod Infastracture Act 1994, witien approval is required fom the
Department of Transport and Main Roads to cary cut road works (cluding driveways) on 2
_sste-controlled road.

Please contact the Department of Transport and Main Roads (OTMR) on
North Coast IDAS.@tmr ls gov au to make an application for road works approval. This
‘approval must be obtained prior ie commencing any works onthe state-contoled road
reserve. The approval process may require the approval of engineering designs ofthe
proposed works, certfed by 2 Registered Professional Engineer of Queensland (RPEQ).
Please contact DTMR as soon as possible to ensure that gaining approval does ot delay

 

 

 

“The applicants advised hat any works andlor connections are required to public uty
‘services wihin astate-contoled road reserve, approval must be given by DTMR under the
relevant public uty legislation (electri, watersewer, telecommunicaion) and in
‘accordance wih DTMR technical standards (TN163). Approvals must be obtained prior to
‘commencing any uty works within the state- controled oad reserve

Please contact the publi uty team via nortnooast@tmr ald gov.au fr further information on
the application and approval process.

 

 

‘it Aecesonet an etal Ago) Pagesor?


[Attachment: image20.png (image text)]
Attachment 3—Reasons for referral agency response
(Gwen under secon £07) of te Panning ACT 2016)

“The reasons for SARA's decision are:

“The development complies with State code 1: Development ina state-controlled road environment of the
SDAP. Specifeally, the development:

does not create a safety hazard for users ofa state-controlled road

oes not compromise the structural integrity of state-controlled roads, road transport infrastructure or
road works

oes not resuit in a worsening ofthe physical eanltion or operating performance of stte-controled
roads and the surounding road network

oes not compromise the state's ability to construct. or signicanty increase the cost to construct
sate-controled roads and future state-controlled roads

© oes not compromise the state's ability to maintain and operate state-controlled roads, or
‘ignfcanty increase the costo maintain and operate state-controlled roads

+ does not compromise the structural integrity of public passenger transport infrastructure or
compromise the operating performance of public passenger transport services

‘© acids or mitigates signifcant adverse impacts resuting fom environmental emissions generated by
‘Vehicles on the state-controlled oad

Material used in the assessment ofthe application:

‘+The development appicaon material and submited plans

+ Planning Act 2016

+ Planning Regulation 2017

‘+The SDAP (version 26). as published by SARA

‘+The Development Assessment Rules

‘© SARADA Mapping system.

‘it Aecesonet an etal Ago) PogesrT


[Attachment: image24.png (image text)]
ee) NOOSA COUNCIL


[Attachment: image3.png (image text)]
 

Deparment ot
‘Transport and Main Roads
419 October 2020

Decision Notice — Permitted Road Access Location
{862(1) Transport infrastructure Act 1994)

“Tis isnot an authorisation to commence work ona state-controlled road

Development application reference number MCU20/0074, lodged with Noosa Shire Council involves
‘constructing or changing a vehicular access between Lot 107C5604, the land the subject of the
application, and Cooroy-Noosa Road (a state-controlled road) (locally known as Tewantin Road).

In accordance with section 62A(2) of the Transport infrastructure Act 1994 (TIA), this development
application is also taken to be an application fora decision under section 62(1) of TIA.

Applicant Details
Name and address Michael Tarrant Ci- Pivotal Perspective Pty Lid
4159 Mary Street

Noosaville QLD 4586
Application Details
‘Address of Property 33 Tewantin Road, Cooroy QLD 4563

Real Property Description 107C5604
“Aspects of Development Development Permit for Material Change of Use - Multiple
ddweling (3 dwelings)..

Decision (given under section 67 of TIA)
Ithas been decided to approve the application, subject to the following conditions:

Conditions of Approval Condition Timing

“The permitted road access location for the existing dwelling only is |At all times.
shown on the Site Layout Plan prepared by Abode Solutions dated

05.10.2020 reference Project No: CDP 107; Drawing No: SD03,

Revision A. All other proposed new dwelling must gain access,

‘rom local street (Olivine Lane).

Direct access is prohibited between Cooroy-Noosa Road and Lot At all imes.

107 C5604 at any other location other than the permitted road

‘access location described in Condition’

Road Access Works must be provided at the permitted access prior to commencement of

"Please refer tothe futher approvals required under the heading Further approvals!

 


[Attachment: image4.png (image text)]
No, | Conditions of Approval Condition Timing
location generally in accordance with Institute of Public Works Use

Engineering Australasia (IPWEA) Standard Drawing RS-49 and
S-S0 Driveways Residential Driveway Plan 1 of 2 and 2 of 2 rev
5.

Reasons for the decision
“The reasons for this decision are as follows:
4) Vehicular access must not compromise the safety ofthe users ofthe state-controlled
road network
'b) The safety of users ofthe state-controlled network is the primary consideration forall
‘works in a state-controlled road corridor.
The number of access points toa state-controlled road willbe minimised to ensure the
through traffic carrying function ofthe road is maintained,

Please refer to Attachment A forthe findings on material questions of fact and the evidence or
other material on which those findings were based,

Information about the Decision required to be given under section 67(2) of TIA
41. There is no guarantee of the continuation of road access arrangements, as this depends on
‘future trafic safety and efficiency circumstances.

2. Inaccordance with section 70 ofthe TIA, the applicant for he planning application is bound by
this decision. A copy of section 70 is attached as Attachment B, as required, for information,

Further information about the decision
1 Inaceordance with section 67(7) of TIA, this decision notice:
2) starts to have effect when the development approval has effect; and
'b) stops having effect ifthe development approval lapses or is cancelled; and
©) replaces any earlier decision made under section 62(1) in relation tothe land.

2. Inaccordance with section 485 of the TIA and section 31 ofthe Transport Planning and
Coordination Act 1994 (TPCA), a person whose interests are affected by this decision may apply
{for a review ofthis decision only within 28 days after notice of the decision was given under the
TIA. A copy ofthe review provisions under TIA and TPCA are attached in Attachment C for
information

3. Inaccordance with section 485B of the TIA and section 35 of TPCA a person may appeal
against a reviewed decision. The person must have applied to have the decision reviewed
before an appeal about the decision can be lodged inthe Planning and Environment Court. A
copy of the Appeal Provisions under TIA and TPCA is attached in Attachment C for information.

Further approvals,

“The Department of Transport and Main Roads also provides the folowing information in relation to
‘this approvat


[Attachment: image5.png (image text)]
1. Road Access Works Approval Required — Written approval is required from the department to
carry out road works that are road access works (incuding driveways) on a state-controlled road
in accordance with section 33 of the TIA. This approval must be obtained prior to commencing
‘any works on the state-controlled road. The approval process may require the approval of
engineering designs of the proposed works, certified by a Registered Professional Engineer of,
‘Queensland (RPEQ). Please contact the department to make an application

If further information about this approval or any other related query is required, North Coast Region,
Development Assessment Team, should be contacted by email at
‘North Coast [email protected] or on (07) 5451 7055.

Yours sincerely

LAL

Chris Head
Principal Advisor

“Attachments: Attachment A — Decision evidence and findings
‘Attachment B - Section 70 of TIA
‘Attachment C - Appeal Provisions
‘Attachment D - Permitted Road Access Location Plan


[Attachment: image6.png (image text)]
Attachment A

Decision Evidence and Findings

Findings on material questions of fact:

4. The objective ofthe Transport Infrastructure Act 1994 (TIA) requires a. the establishment of
a road regime that is safe and efficient.
‘Section 62 of the TIA provides for the Chief Executive of the Department of Transport and
‘Main Roads to make decisions about permitted road access locations between particular
land and a state-controlled road,

The development application (Council reference: MCU20/0074) seeks a development permit
{for a Material Change of Use of premises to establish a Multiple Dwelling (3 Dwelling Units).

4. The subject site has road frontage to Cooroy-Noosa Road, a state-controlled road under
jurisdiction of the Department of Transport and Main Roads (TMR).

fe. The access location proposed in the development application is shown on Site Layout Plan
prepared by Abode Solutions dated 05. 10.2020 reference Project No: CDP107; Drawing No:
‘S003, Revision A,

1. The existing dwelling will retain the existing access to the state-controlled road, while the two
‘new dwelling units will obtain vehicle access from the rear Olivine Lane.

19. Conditioning the location and standard of access will ensure the safety of road users and
‘maintain the operational efficiency ofthe state-controlled road

Evidence or other material on which findings were based:

 

 

 

 

 

Title of Evidence | Prepared by Date Reference no. | Versioniissue
Material
“Transport ‘Guesnsland Caventats_ [NA WK
Infrastructure Act | Goverment December 2019]
41998
‘Road Planning and | Department of Ragast 2074 [NA Eton
Design Manual —_| Transport and Main
Roads
‘Sie Layout Pan | Abode Solutions | 05702020 | Project No; | A
coPi07;
Drawing No:
‘sD03,

 

 

 

 

 

 


[Attachment: image7.png (image text)]
‘Attachment C

Appeal Provisions

‘Transport infrastructure Act 1994
‘Chapter 16 General provisions

485 Internal review of decisions
(1) A person whose interests are affected by a decision described in schedule 3 (the
original decision) may ask the chief executive to review the decision
(2) The person is entitled to receive a statement of reasons forthe original decision whether
‘oF not the provision under which the decision is made requires that the person be given
‘a statement of reasons forthe decision.
(8) The Transport Planning and Coordination Act 1994, part 5, division 2—
(2) applies to the review; and
(®) provides—
(forthe procedure for applying forthe review and the way itis to be carried out;
and
(that the person may apply to QCAT to have the original decision stayed.

485B Appeals against decisions
(1) This section applies in relation to an original decision if @ court (the appeal court) is
‘Stated in schedule 3 forthe decision,
(2) If the reviewed decision is not the decision sought by the applicant for the review, the
applicant may appeal against the reviewed decision to the appeal court.
(8) The Transport Planning and Coordination Act 1994, part 5, division 3—
{(@) applies to the appeal; and
(®) provides—
(forthe procedure forthe appeal and the way itis to be disposed of; and
(that the person may apply to the appeal court to have the original decision
stayed.
(4) Subsection (6) applies it
(2) a person appeals to the Planning and Environment Court against a decision under
‘section 62(1) on a planning application that is taken, under section 62A(2), to also be
‘an application for a decision under section 62(1); and


[Attachment: image8.png (image text)]
‘Attachment B

Section 70 of TIA

‘Transport infrastructure Act 1994
‘Chapter 6 Road transport infrastructure
Part 5 Management of State-controlled roads

70 Offences about road access locations and road access works, relating to

decisions under s 62(1)

(1) Ths section applies to @ person who has been given notice under section 67 or 68 of a
decision under section 62(1) about access between a State-contrlled road and adjacent
land,

(2) 4 person to whom this section applies must not—

(a) obtain access between the land and the State-controlled road other than at a location
‘at which access is permitted under the decision; or

(b) obtain access using road access works to which the decision applies, ifthe works do
‘not comply with the decision and the noncompliance was within the person's control;

{c) obtain any other access between the land and the road contrary to the decision; or

(@) use a road access location or road access works contrary to the decision; or

{@) contravene a condition stated in the decision; or

(9, permit another person to do thing mentioned in paragraphs (a) to (e); or

() fall to remove road access works in accordance with the decision.

‘Maximum penatty—200 penalty units.

(3) However, subsection (2)(g) does not apply to person who is bound by the decision
because of section 68.


[Attachment: image9.png (image text)]
(®) a person appeals to the Planning and Environment Court against a decision under
the Planning Act on the planning application.
(8) The court may order—
(a) the appeals to be heard together or 1 immediately after the other; or
(®) 1 appeal to be stayed until the other is decided.
(8) Subsection (6) applies even if al or any ofthe parties to the appeals are not the same.
() Inthis section—
‘original decision means a decision descrived in schedule 3.
reviewed decision means the chief executive's decision on a review under section 485.