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SUPERSEDED - Decision Notice RAL24 0003 · RAL24/0003
Officer: Samuel Osakwe
Direct Telephone: 07 53296316
Our Reference: RAL24/0003 :
Your Reference: n/a
25 July 2024
KM Loy & RJ Raveane
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY QLD 4563
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 23 July 2024, Council decided to approve the
application subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: RAL24/0003
Street address: 41 Tallowwood Pl Black Mountain
Real property description: Lot 36 RP 897845
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Reconfiguring a Lot – 1 into 2 lots
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision Notice must be
completed prior to submission of the subdivision plan to Council for compliance assessment.
Currency Period
2. This development approval lapses if the requirements of the conditions have not been
completed and an application for plan seal is not lodged with Council by 23 July 2028 unless
an application to extend the currency period is approved by Council.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Document Set ID: 23124970
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Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Operational Works*.
Plan No. Rev. Plan/Document Name Date
- - -
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
23-6047AB Addendum Plan of Reconfiguration of Lot 36 on 22/05/24
1 R897845 prepared by Max Watterson 7
Associates
Amendments The plans must be amended to:
• Identify a vegetation covenant area (as annotated by council), and
• Identify the approved driveway alignment as identified in Geo-
Environmental Investigation prepared by Tectonic Geotechnical &
Environmental Engineers and dated 22 May 2023 and further
letter dated 3 June 2024.
4. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
Land Rehabilitation
5. A vegetation protection covenant must be registered against the title of the property over the
area identified as Vegetation Covenant on the Approved Plan pursuant to Section 97A of the
Land Title Act 1994.
The covenant document and a survey plan must be submitted to Council for endorsement
prior to lodgement with the relevant titles authority for registration of title. The covenant
document must:
a. incorporate the requirements of this Decision Notice
b. include Noosa Council as Covenantee.
c. reference Queensland Land Title Registry Standard Terms Document No. 715597513
6. If a provision included in the covenant document is requisitioned or refused registration by
the relevant titles authority, a substitute provision must be included in the document which
as nearly as practicable addresses the objective sought by the requisitioned or refused
provision. The wording of the substitute provision must be agreed by Council.
7. The land area identified as Vegetation Covenant on the Approved Plan must be rehabilitated*
and removed of all weeds species listed in the following standards and legislation:
a. declared plants under the Land Protection (Biodiversity Act 2014 and sub-ordinate
Regulation 2016).
b. Noosa Biodiversity Plan 2020.
The works must be undertaken in accordance with an Operational Works approval.
*(Refer to Advisory Note)
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Fencing to Protected Land
8. A permanent fence must be constructed along the entire length of the interface of proposed
Lot 362 with the Vegetation Protection Covenant area. The fence must be constructed in
accordance with an Operational Works approval and must be to the following specifications:
a. Min 1.5 metres high
b. Dog proof
c. Constructed of fireproof materials
Bushfire Management – Reconfiguration Requirements
9. All reconfiguration works must be carried out in accordance with the Bushfire Management
Plan listed within this Decision Notice, with the exception of the following:
a. Figure 2 is to be updated to include the revised driveway location
b. Section 3.4 Emergency Access & Egress is to be updated to refer to the revised
driveway location and recommendations updated accordingly.
The report must be resubmitted to Council incorporating the above amendments prior to the
issue of any Development Permit for Operational Works.*
*(Refer Advisory Note)
10. 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 Advisory Note)
Bushfire Management – Future Dwelling Requirements
11. All future dwellings on the approved lots must be sited and constructed in accordance with
any building siting and construction requirements contained within the Bushfire Management
Plan for the development.
Frontage Works
12. The areas adjacent to the remediated landslide must be upgraded in a manner that does not
increase the risk of global slope instability. This applies to the remediated landslide area
located within the construction exclusion zone as identified by Tectonic Engineers.
The works must be undertaken in accordance with an Operational Works approval, adhere
to the recommendations contained in, but not limited to, section 6.1 of Tectonic Engineers’
Geo-Environmental Investigation (23099-001-Rev0) dated 22 May 2023 and any associated
addendum, and must include in particular:
a. the removal of existing track;
b. grading of ground surfaces to enable surface flow to freely drain into the existing
drainage line downslope;
c. avoid undermining the toe of the existing rock-filled embankment; and
d. written certification prepared by a suitably qualified Tectonic Engineers representative
certifying that the proposed works align the recommendations contained within the
aforementioned report.
Property Access and Driveways
13. A residential driveway must be constructed to Lot 362. The works must be undertaken in
accordance with an Operational Works approval and be generally in accordance with
Callaghan & Toth’s Layout Plan and Longitudinal Section (2251-02, Rev. A) dated 25
October 2023.
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14. Vehicle access to Lot 362 is limited to the constructed driveway only. A clause must be
included in the contract of sale for Lot 362 which requires vehicle access to be from the
constructed driveway only, and which prohibits the driveway from being relocated without
Council agreement.
Stormwater Drainage
15. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.
Services
16. Reticulated electricity and telecommunication services must be provided to each lot in
accordance with the standards and requirements of the relevant service provider.
17. 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.
18. Certification must be submitted to Council from all relevant service providers (Energex, NBN)
which certifies that the development has met the requirements of this Decision Notice and
all applicable legislation at the time of construction.
Easements
19. 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.
20. 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.
21. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
22. All future building and civil works carried out on site must be in accordance with the
recommendations contained throughout Tectonic Engineers’ Geo-Environmental
Investigation (23099-001-Rev0) dated 22 May 2023 and any associated addendum listed
within this Decision Notice.
Earthworks and Retaining Walls
23. 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
24. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. 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.
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5. REFERENCE DOCUMENTS
Doc/Plan Rev. Plan/Document Name Date
No.
23-6047AB Addendum Plan of Reconfiguration of Lot 36 on R897845 22/05/24
1 prepared by Max Watterson & Associates
(Annotated by Council)
23236 - Bushfire Management Plan prepared by Wollemi 19 June 2023
Eco-Logical
23099-001 0 Geo-Environmental Investigation Prepared by 22 May 2023
Tectonic
23099-002 0 Geotechnical Assessment of Revised Plans 3 June 2024
Prepared by Tectonic
2251-02 A Layout Plan and Longitudinal Section Prepared 25/10/23
by Callaghan & Toth
2251-03 A Driveway Cross Sections Prepared by Callaghan 25/10/23
& Toth
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Resubmission of Amended Documents Required
1. The conditions of this Decision Notice require resubmission of the referenced Bushfire
Management Plan to Council with amendments. Please address the amended document to
Council’s Development Assessment Branch with the Reference No. RAL24/0003, separate
to any Operational Works application. To avoid delays and assessment issues with the
Operational Works application, it is recommended the document be resubmitted prior to
lodgement of any Operational Works application.
Qualified Person
2. 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.
Building and Construction Industry (Portable Long Service Leave) Levy
3. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Co-ordination of Operational Works Assessment
4. 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.
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Qualified Person
5. For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability
for the development, a qualified person is considered to be a person who:
a. is a Registered Professional Engineer of Queensland (RPEQ); and
b. has a degree in civil engineering or engineering geology; and
c. has a minimum of 5 years experience in the field of geotechnical engineering or
engineering geology.
Preparation of a Preliminary Construction Management Plan
6. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. Traffic management during all phases of construction;
b. Adequate parking arrangements for works and deliveries;
c. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
d. provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
Infrastructure Charges
7. 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
8. PROPERTY NOTES
The following property notes will be placed against the subject property in Council’s property record
system:
RAL24/0003 – Vegetation Protection Covenant
1. The following notation applies to approved lots 362:
A Vegetation Protection Covenant applies to this lot. No clearing of vegetation is to occur
within the covenanted area, except where in accordance with the terms of the covenant.
RAL24/0003– Bushfire Management
2. The following notation applies to approved lots 362:
To ensure the safety of people and property on this property is maintained, all buildings and
structures must be sited and constructed in accordance with the bushfire management
conditions of Council Approval RAL24/0003 and associated Operational Work approvals.
RAL24/0003 - Geotechnical Stability
3. The following notation applies to approved lots 361 and 362:
To ensure the geotechnical stability of this lot is maintained, all buildings and structures must
be sited and/or constructed in accordance with the geotechnical conditions of Council
Approval RAL24/0003 and associated Operational Work approval(s).
9. VARIATION APPROVAL DETAILS
Not applicable.
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10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Access, Frontage Works, Landscaping &
Vegetation Clearing.
11. SUBMISSIONS
Not applicable.
12. 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.
13. 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,
Samual Osakwe
Development Planner
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (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 –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (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
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of 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
(2) The notice of appeal must be accompanied by the required fee.
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