Minor Change Existing Approval REC17 0011.01

Officer: 	Patrick Murphy
Direct Telephone: 	07 5329 6436
Our Reference:	REC17/0011.01
Your Reference:	60500
22 December 2021
Eagle Rise Developments Pty Ltd
C/- Murray & Associates (Qld) Pty Ltd
PO Box 246
NAMBOUR  QLD  4560

[email protected]
[email protected]
Dear Sir/Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 14 October 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:	REC17/0011.01
Street address:	29 & 35A Tait St TEWANTIN, 14, 20 & 43 Eagle Dr TEWANTIN
Real property description:	Lot 3 RP 149498 Lot 31 RP 149497 Lot 6 RP 149498 Lot 10 SP 241386 Lot 100 SP 323048
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 16 November 2017.
Development Permit to Reconfigure a Lot - 2 Lots into 21 Lots.
In relation to the request to make a minor change to the existing approval, Council on 21 December 2021, decided to approve the requested changes. The changes are detailed below.
Approve the change.
Amend Condition 2
currency period of approval
The currency period for this development approval is 4 years starting the day that the original development approval REC17/0011.01 took effect.
assessment manager conditions
PLANNING
When Conditions Must Be Complied With
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 plan sealing.
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
1702	C	Eagle Drive – Tewantin Detailed Lot Layout prepared by Haynes Consulting Engineers	14-10.2021
The north-eastern corner of proposed Lot 15 and the south-eastern corner of proposed Lot 12 must be truncated to provide a minimum 3.5m wide verge from the new kerb line. The truncations must be created with 3 chords.
New Road
The new road (extension of Eagle Drive) shown on the Approved Plans must be constructed in accordance with the conditions of this Decision Notice and dedicated as road reserve at no cost to Council.
The works must be undertaken in accordance with an Operational Works approval and must include in particular:
an “access” road in accordance with Council’s Planning Scheme Policy 5 – Engineer Design Standards – Roads, Drainage and Earthworks (reserve width of 15 metres minimum and a carriageway width of 6 metres kerb to kerb)
sealing, drainage, kerbing and channelling
construction of pedestrian footpaths as shown on the approved plans
installation of street lighting
The new road must terminate in a cul-de-sac with a circular turning area of sufficient size to accommodate the single forward motion turn of a Waste Collection Vehicle (WCV) clear of private driveways on-street parking and speed control devices or if the adjoining property to the east (No 28 Elkhorn Drive - Lot 70 M37807) has been developed the “access” road formation must extend to and match smoothly with the existing formation within Lot 70 M37807, whichever is applicable at the time of construction.
External Works
Deleted
Stormwater Quantity
The new stormwater works must be constructed in accordance with the approved plans and the works must be undertaken in accordance with an Operational Works approval.
The stormwater elements of the development, including the basin at 14 Eagle Drive, are to be built in accordance with the BSM stormwater report Detailed Design of Stormwater Detention Volume dated 18.09.2017, letter from BSM dated 13.10.2017, letter from Haynes Consulting Engineers dated 11.10.2017 and accompanying plans. Where design elements will be finalised at a later stage, these will be in accordance with the relevant codes, standards, guidelines and Council’s requirements.
All basin retaining structures are to be structurally certified to Council’s design life as part of operational works design and certification is to be provided to Council prior to plan sealing.
Appropriate protection will be provided against scour at basin inflow and outflow points.
Stormwater Quality
Prior to Council accepting water quality treatment device assets “Off Maintenance”, the applicant must provide Council with a Schedule of Maintenance Costs for all activities undertaken to maintain the bio retention basins in accordance with the most current version of Healthy Waterways Bio-retention Basin Maintaining Vegetated Stormwater Assets Guidelines. The schedule shall include records of actual costs of maintenance work undertaken.
Vegetation
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 on site, whist recognising the need for vegetation clearing to occur in order to carry out the development. The vegetation to be retained must be clear of proposed services, not present a nuisance to neighbouring properties and be generally suitable for the proposed location.
Vegetation must only be removed or disturbed in accordance with a Fauna Management Plan (or part thereof) and endorsed through an Operational Works approval.
Landscaping Works
The development site must be landscaped. The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
Provision of 1 native street tree within the road reserve for every 8 metres of new road.
100mm deep mulching and landscaping to any batter within road reserves that exceed 1 in 4 slope (25%).
Turf and garden beds to road reserve, including retained trees.
Retaining walls within the bio-basin must be constructed or permanently faced with grouted rock or materials which provide for a natural appearance such as sandstone, bluestone, granite or the like.
Removal of all weeds species listed in the following standards and legislation.
3.4.1. declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003.
3.4.2. The Noosa Local Government Area Pest Management Plan 2015-2019
All landscape works must be established and maintained in accordance with horticultural best practice with construction techniques that allow for healthy, sustained and vigorous plant growth. All plant material must be allowed to grow to full form.
All entry statements, fences, batters, retaining walls and buffer/screen plantings must be located entirely within private land and not within the public road reserve.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Estate Entrance Feature
Any proposed estate entrance feature must:
reflect a subdued local character, rather than an overbearing or contrived statement
comprise feature vegetation (either existing or planted) in preference to built forms
integrate with the landscape design of the balance of the estate
be constructed of durable and low maintenance materials
be treated with a graffiti resistant coating
not restrict pedestrian access
Any estate entrance works must be undertaken in accordance with an Operational Works approval.
Property Access and Driveways
A residential driveway must be constructed for lots 7, 8, 17, 20 and 21. The works must be undertaken in accordance with an Operational Works approval.
The access driveways to service Lots 20 and 21 must extend for the full length of the access handle. The works must be undertaken in accordance with an Operational Works approval.
Deleted
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
A 2 metre wide footpath within the road verge for the entire length shown on the approved plans.
Deleted.
Electricity and Telecommunication Services
Underground reticulated electricity and telecommunication services must be provided to each lot in accordance with an approval for Operational Works and the standards and requirements of the relevant service provider.
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 which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
A minimum 1.5 metre wide easement for drainage purposes must be registered against the title/s of the burdened properties in favour of the benefitted properties over the proposed easements identified on the Approved Plans. The easements must of sufficient width to wholly encompass the drainage structures and the associated overland flowpaths.
An easement for access and service purposes must be registered against the titles of proposed Lot 21 in favour of proposed Lot 20
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 fill and associated batters must be undertaken 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 fill and associated batters 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.
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 on 07 3247 6212 to discuss any obligations under the ACH Act.
Building and Construction Industry (Portable Long Service Leave) Levy
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. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
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:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges) with an offset of $150,000 provided against the infrastructure charges payable.
property notes
Not applicable.
further development permits required
Development Permit for Operational Works (Landscaping, Roads, Footpaths, Stormwater and Electrical)
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,

Patrick Murphy
Coordinator Planning

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice – 16 November 2017.
Negotiated Decision Notice – 15 February 2018, with an amendment to conditions 2 and 15d and  delete condition 23b.
Decision Notice - Minor – REC17/0011.01 – 21 December 2021 -, with an amendment to condition 2.

	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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ee) NOOSA COUNCIL