Decision Notice - Approved by Delegation of Authority MCU21 0094

Officer: 	Tara Norley
Direct Telephone: 	07 53296486
Our Reference:	MCU21/0094
Your Reference:	2020-420
1 September 2021
JM Rogalsky
C/- Building Suncoast Green
6 Lorraine Ave
MARCOOLA  QLD  4564
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 30 August 2021, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU21/0094
Street address:	142 Playfords Rd Kin Kin Qld 4571
Real property description:	Lot 186 MCH 224
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
-	D	Overall Site Plan, prepared by Suncoast Building Green	27/08/2021
-	D	Site Plan, prepared by Suncoast Building Green	02/08/2021
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface.
Currency Period
This development approval lapses if the use has not happened by 30 August 2027, unless an application to extend the currency period is approved by Council.
Landscaping
Existing trees on the site must be retained, except where required to be removed to accommodate the approved dwelling. In this regard, the removal of vegetation must not extend beyond 30 metres of the building footprint for the dwelling house and 10 metres for class 10 structures.
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.
Water Supply
The approved dwelling must be serviced with a rainwater tank having a minimum storage capacity of no less than 60,000 litres.
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 issue of a Development Permit for Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Earthworks
All cut and fill must not exceed 2 metres in depth relative to natural ground level.
Fill material placed over services must not impose any additional surcharge loading on the service.
Excavation must not be carried out within 600mm of any utility infrastructure (to top, sides and base of services). A retaining wall must be provided to support the soil surrounding utility infrastructure where proximate to excavation activities.
Compaction with a vibrating roller must not be carried out within 600mm of any utility infrastructure.
Slope Stability
Development must be undertaken in accordance with the Geotechnical Investigated Report prepared by ARCOS, (rev. 3) dated 16 December 2020.
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP6 - Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or concentrate or direct overland flow on to an adjoining property.
Bushfire Management
An on-site water supply available for firefighting purposes must be provided, having a volume of not less than 5,000 litres. The water supply may be either:
a separate tank
a reserve section in the bottom part of the main water supply tank
a dam
a swimming pool installed immediately upon construction of the home.
Effluent Disposal
Development must be undertaken in accordance with the Effluent Disposal Report prepared by Global Testing, dated 14 August 2020.
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 10, Division 3, Subdivision 3 – Development in SE Qld Koala Habitat Area	The agency provided its response on 24/08/2021 (Reference No. 2106-23234SRA). 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:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
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 Building Works	All building work.
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,

Wilhelm Koschade
Development Planner

Enc:	Appeal Rights
Referral Agency Response
Approved Plans/Documents
cc.	[email protected]

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	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
				Page 1 of 4

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Queenslont
Government

SARA reference: 2106-22204 SRA
‘Council eference: — MCU21/0004
‘Applicant reference: 2020-420

24 August 2021

Chie Executive Officer
"Noosa Shire Council
POBox 141

TTewantin Qld 4565
‘[email protected]

Attention: Tara Norley

Dear Ms Norley

SARA response—142 Playfords Road, Kin Kin (Lot 186 on
McH224)

(Referral agency response given under section 58 ofthe Planning Act 2016)

“The development application described below was confirmed as property referred by the State
‘Assessment and Referral Agency (SARA) on 30 June 2021

 

Response
‘Outcome Referral agency response - No requirements
Under section 56(1)(a) of the Panning Act 2016 the department
dies it has no requrements relating tothe application.
Date of response: 24 August 2021
Advice: ‘Adve tothe applicants in Attachment 4
Reasons: “The reasons forthe efeal agency response ae in Attachment 2

Development details

 

Description: Development permit Material change of use for Development
Permit for Material Change of Use -
Dweling house

SARA role: Referral Agency

‘South East Queensland (Nor) regional
oe

Hike Aer Buicng Level 3, 12 Fist
‘Averae Martyr
Page 1086 POBox 1128, Maroochydore QLD 4555


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210622294 SRA

‘SARA trigger ‘Schedule 10, Part 10, Division 3, Table 1 Item 1 (Planning Regulation

2017)
iKoala habitat area in SEQ region

‘Schedule 10, Part 3, Division 4, Table 3 tem 1 (Planning Regulation

2017)
Clearing native vegetation

‘SARA reference: 2106-23234 SRA

Assessment Manager: [Noosa Shire Couneil

‘Street address: 1142 Playfords Road, Kin Kin

Real property description: Lot 186 on MCH224

‘Applicant name: ‘JM Rogalsky

‘Applicant contact details: CL Building Suncoast Green
6 Lorraine Avenue

Marcoola Beach QLD 4564
[email protected]

Representations

 

“Bn applicant may make representations fo a concurrence agency, at any tme betore the application =
decided, about changing a matter in the referral agency response (s. 30 Development Assessment

Rules)
Copies ofthe relevant provisions are in Attachment 3

‘A copy of ths response has been sent tothe applicant for their information.

For further information please contact Caroline Plank, Senior Planning Offer, on (07) 5352 9709 or via,

‘email SEQNorthSARA@dsdigp ald.gov au who willbe pleased to assist.

‘Garth Nolan
‘Manager (Planning)

22 IM Rogaleky C/- Buicing Suncoast Green [email protected]

‘State Aasessment an Refer Agnoy

Page 20f6


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210823234 SRA

Attachment 1—Advice to the applicant

 

General advice

 

1

“Terms and phrases used in this document are defined in the Planning Act 2076 is regulation
or the State Development Assessment Provisions (SDAP), version 26. Ifa word remains
undefined it has its ordinary meaning.

 

 

 

‘Nature Conservation (Koala) Conservation Plan 2047,
‘There ate independent clearing requirements prescribed in the Nature Conservation (Koala)
‘Conservation Pian 2017 (Koala Conservation Plan). Unlike the requirements in the Planning
‘Regulation 2017, which are in place to protect koala habitat, the requirements in the Koala
‘Conservation Pian are in piace to prevent koalas being injured or kiled during clearing.

Note: These requirements apply inespective of any approval or exemption provided under
‘ther pieces of legislation

‘Sequential clearing requirements
‘Under section 10 ofthe Koala Conservation Plan its @ requirement that clearing of koala
habitat trees (as defined below) in koala district A (which this property isin) must comply with
the folowing sequential earng condone:
‘clearing ofthe Koala habitat trees is carried out na way that ensures koalas in the
area being cleared (the clearing site) have enough time to move out ofthe clearing
‘site without human intervention
‘+ when clearing sites with an area of more than 3ha the clearing must be carried out in
stages
‘© where the clearing site is 6ha or ess, no more than 50% of the clearing site can be
cleared in any one stage
‘+ where the clearing site is more than ha, no more than 3ha or 3% of the clearing site
{whichever the greater) can be cleared in any one stage
‘© there must be at least one period of 12 hours (stating at 6pm on one day and ending
‘at Gam on the following day) between each stage during which no trees are cleared
onthe site
‘+ while the clearing is being carried out, the clearing ofthe koala habitat trees must be
‘carried out in a way that ensures appropriate habitat links are maintained within the
‘clearing site and between the clearing ste and adjacent area, to allow koalas living on
the site to move out ofthe site
‘© no koala habitat trees in which a koala ie presents to be cleared
‘no koala habitat tres with a crown overlapping a tree in which a koala is present is to
be cleared,

“Koala habitat trees’ mean, a tree in the following genera that are either edible by koalas or
are used by koalas for shelter: Eucalyptus, Corymbia, Melaleuca, Lophostemon or
“Angophera.

‘Koala spotter requirements
Under Section 11 of the Koala Conservation Plan its a requirement that clearing of koala
habitat trees (as defined above) in koala habitat areas that have a trunk diameter of more than
‘100m at 1.3m above the ground must be undertaken inthe presence of a koala spotter who
hhas the primary role of locating koalas in the trees.

“Koala spotter’ means, a person who has qualifications and experience, or demonstrated skils
_and knowledge in locating koalas in koala habitat or conducting arboreal fauna surveys.

 

 

 


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210622294 SRA

Attachment 2—Reasons for referral agency response
(Given under secon (7) ofthe Panning Act 2076)

 

‘The reasons for the department's decision are:

‘+ The development application seeks a development permit for material change of use fora dweling
house at 142 Playfords Road, Kin Kin which is formally described as Lot 186 on MCH224 (subject,
site).

‘+ The application, as submitted, included a primary dweling, secondary dweling and shed, allocated
in afferent areas on the subject site which would result in interfering with koala habitat area and
Clearing native vegetation mapped as regulated vegetation (Category B - of concern regional
‘ecosystem (RE}). The application therefore required referral to SARA for these two state matters.

‘+ During the development assessment process, SARA identified thatthe development would result in a
significant residual impact (SRI) on matters of state environmental significance (MSES) forthe
clearing ofthe of concern RE and therefore an offset for the SRI on the MSES would be require.

‘+ In order to avoid the offset, the applicant changed their application to remove the secondary dwelling
‘and co-locate the shed with the primary dwelling.

‘+ Asa result of the changed application, SARA determined that:

(© the interfering with koala habitat area could be done as exempted development, as defined in
‘the Planning Regulation 2017, specifically through:
item (k) to clear forthe house
1D item ()o clear forthe shed, vegetable garden and water tanks
[item (n)(i) to clear for necessary frebreaks around the house and shed
(© the clearing of native vegetation forthe dwelling house and shed is prescribed clearing, as
defined in the Planning Regulation 2017.

‘+ Accordingly, the changed application does not result in assessable development for which SARA

‘would be a referral agency, therefore, SARA has no requirements in relation tothe application.

 

‘Material used in the assessment of the application:
“The development application material and submitted plans, including the changed application

Planning Act 2016

Planning Regulation 2017

“The State Develoment Assessment Provisions (version 2.6), as published by the Department of

‘State Development, Infrastructure, Local Govemment and Planning

“The Development Assessment Rules

‘SARA DA Mapping system

Human Rights Act 2019


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ee) NOOSA COUNCIL