Decision Notice - Approved by Delegation of Authority MCU21 0041

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU21/0041
Your Reference:	NA
9 June 2022
Coastal Building Certifications Pty Ltd
10 AKOUNAH CRES
BUDDINA  QLD  4575
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 8 June 2022, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU21/0041
Street address:	2 Lakeway Dr Cooroibah Qld 4565
Real property description:	Lot 1 RP 107647
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 - Dwelling House
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
20138A/100	D	Render, prepared by AK Building Design	18/05/2022
3692 DTM-B		Detail & Level Survey Plan, prepared by Eagle Surveys	27/07/2020
20138A/200	D	Proposed Locality Plan, prepared by AK Building Design	18/05/2022
20138A/201	D	Site Plan, prepared by AK Building Design	18/05/2022
20138A/202	D	Site Plan- Roof Drainage, prepared by AK Building Design	18/05/2022
20138A/300	D	Ground Floor Plan, prepared by AK Building Design	18/05/2022
20138A/304	D	First Floor Plan, prepared by AK Building Design	18/05/2022
20138A/400	D	West Elevation, prepared by AK Building Design	18/05/2022
20138A/401	D	East Elevation, prepared by AK Building Design	18/05/2022
20138A/402	D	South Elevation, prepared by AK Building Design	18/05/2022
20138A/403	D	North Elevation, prepared by AK Building Design	18/05/2022
20138A/600	D	Section A – 300/304, prepared by AK Building Design	18/05/2022
20138A/601	D	Section B – 300/304, prepared by AK Building Design	18/05/2022
20138A/602	D	Section C – 300/304, prepared by AK Building Design	18/05/2022
		Proposed Locality Plan – Rehabilitation areas as provided by Dean White	15/05/2022
Currency Period
This development approval lapses if the use has not happened by 8 June 2028, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the approval of Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval (specifically rehabilitation) 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 Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface.
General
Where damage occurs to any Council asset as a result of the development works, it must be repaired immediately where it creates a hazard that presents risk to person or property. Other damage must be repaired prior to completion of works.
All works must be constructed, and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
All relevant Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
Effluent Disposal
The development must be provided with an on-site waste water treatment and effluent disposal system having a capacity sufficient for the use*, located generally as per the approved site plan.
*(Refer to Advisory Note)
PRIOR TO COMMENCEMENT OF WORKS
Vegetation Clearing
All vegetation removal works must be carried out in accordance with the approved report Proposed Changes with Newly Planned Position of Septic listed within this Decision Notice.
All tree and vegetation removal works must be undertaken by a qualified person*.
*(Refer to Advisory Note)
Oversee installation of all tree protection fencing prior to commencement of any works onsite (including any clearing).
Supervise tree protection within the development site and frontages, prior to, during and following construction in accordance with AS 4970, Protection of trees on development sites.
Oversee approved tree removal in proximity to retained trees.
*(Refer to Advisory Note)
Fauna Management
Fauna or fauna habitat relating to approved tree clearing works must be managed by a qualified person*.
*(Refer to Advisory Note)
Retention of Existing Trees
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.
All existing trees on site and in the road reserve must be retained with the exception of 5 trees as indicated in the Proposed Changes with Newly Planned Position of Septic (addendum to Arboricultural Report and Tree Protection Methodology/Plan, prepared by Australian Tree Contractors & Arboricultural Consultants (June 2021) provided 4 March 2022.
The trees identified for retention must be maintained in good health for the life of the tree.
Land Rehabilitation
Rehabilitation Works must be undertaken in accordance with Planning Scheme Policy PSP2 - Landscaping.  Rehabilitation works are to be within the area identified in yellow within the approved Site Plan supplied on 15 May 2022.  Rehabilitation must include the following:
plant species must be a species mix and density reflective of the local variant of the Regional coastal Ecosystem;
75mm tube stock (pot size) plants;
minimum of 20 trees;
Ensure plants listed as Class 1 and 2 declared pests within Council’s Pest Management Plan are controlled and prevented from spreading.
Rehabilitation works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice.
*(Refer to Advisory Notes)
Rehabilitation must be undertaken prior to or immediately following completion of the building works that required the clearing.
A completion and success report must be submitted to Council 12 months following the completion of planting that demonstrates the requirements of the rehabilitation plan and this decision notice have been met. Include photographs and specifics relating to Condition 18.
Bushfire Management
The development must be carried out in accordance with the Bushfire Risk Assessment and Bushfire Risk Management Plan, Rev 3 dated 12 May 2022 prepared by Ecological Natural Area Management.
*(Refer to Advisory Note)
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the bushfire management conditions of this Decision Notice.
*(Refer to Advisory Note)
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:
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

Retention of Existing Trees
The existing trees on adjoining properties must be retained and protected during construction wherever achievable. To avoid doubt, this advisory note is not intended to exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following construction of the development which is the subject of this development approval.
Removal of Existing Trees and Vegetation
Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as well as optimum weed seed sterilisation.
Qualified Person
Undertaking, supervising tree works and preparing arboriculture certification, is considered to be a person with a minimum three years current experience in tree protection, hazard identification/mitigation and Specifying Trees – a guide to assessment of tree quality (NATSPEC) assessment and either:
Undertaking rehabilitation construction and establishment works is considered to be a person with five years current experience in revegetation and regeneration.
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
Preparing certification and managing declared plant pests, is considered to be:
a landscape architect with a minimum of 3 years current experience in the field of pest plant management;
a botanist or ecologist with a minimum of 3 years current experience in the field of pest plant management;
an environmental consultant with a minimum of 3 years current experience in the field of pest plant management.
For the purpose of preparing a Bushfire Management Plan, and for certifying compliance with the bushfire requirements of this Decision Notice, a qualified person is considered to be an ecologist with a minimum of 3 years current experience in the field of bushfire assessment and management.
Waste Water Treatment and Disposal System
The establishment of a waste water treatment and disposal system for the site requires a Compliance Permit to be obtained from Council under the Plumbing and Drainage Act 2002. The system must be designed in accordance with the Queensland Plumbing and Wastewater Code (Department of State Development and Infrastructure & Planning, 2007) and Australian Standard AS/NZS1547: 2000 “On-site Domestic Wastewater Management” or an alternative solution approved through Council’s Building and Plumbing branch. Where a development exceeds the accommodation or use of 21 or more equivalent persons a copy of an Operator’s Licence from the relevant State will also be required.
property notes
MCU21/0041 – No Clearing Zone
A “no clearing zone” applies to this property for the purpose of vegetation protection. The landowner must maintain the property in accordance with the ecological preservation conditions of Council Approval MCU21/0041.
MCU21/0041 – Bushfire Management
To ensure the safety of people and property on this property is maintained, all buildings and structures must be sited and/or constructed in accordance with the bushfire management conditions of Council Approval MCU21/0041 and associated Operational Work approvals.
MCU21/0041 – Control of Domestic Cats
Domestic cats are permitted on the property provided that they are permanently confined within buildings and/or cat enclosures. This requirement is designed to protect lower canopy and ground nesting and feeding birds which occur proximate to the site.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work
Development Permit for Plumbing Works	Effluent Disposal
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

[word/footer1.xml]
Page 7 of 7

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 7

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