Changed Approval MCU14/0060.01

Officer:	Denis Wallace
Direct Telephone:	07 53296239
Our Reference:	MCU14/0060.01
Your Reference:	N/A
25 July 2016

Max Watterson & Associates
PO Box 639
COOROY  QLD  4563

Dear Sir

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval.  On 21 July 2016, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	MCU14/0060.01 MCU14/0060
Street Address:	154 Holts Road, Cooroy  Qld  4563
Real Property Description:	Lot 2 RP 893989
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
Council on 18 December 2014 decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises - Undefined Use - Temporary Short-Term Self-Contained RV Stop
In relation to the request to make a change to the existing approval, Council on 21 July 2016 decided to:
A.	Agree to amend Conditions 4, 5 & 10.
B.	Amend the approved RV Stop use to delete the term “self contained”, to:
Development Permit for Material Change of Use of Premises - Undefined Use - Temporary Short-Term RV Stop
relevant period of approval
Not applicable (development has commenced)
CONSOLIDATED 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 below and as may be amended by the conditions herein.
Plan No.	Rev.	Plan/Document Name	Date
13-3461AB	-	Plan of Proposed (Temporary) Short-Term, Self-Contained RV Stop at Lot 2 on RP893989 prepared by Max Watterson + Associates	04/07/14
Nature and Extent of Approved Use
No more than 20 Recreational Vehicles (RV’s)(caravans, motorhomes or the like) may stay at the site at any one time.
Visitor stays shall not exceed 7 consecutive nights.
Wastewater from communal ablutions, laundry, kitchen facilities, and the like, must be directed to holding tanks for disposal offsite. A plumbing approval must be obtained for the associated wastewater system.
No on-site release of grey water is permitted.
Visitor Education
Visitors must be advised of the following requirements:
No on-site release of grey water or other waste
Location of nearest dump point and potable water supply
All dogs must be on a leash when walked in the area and must be restrained at all times during the stopover period
Owners must pick up and collect their dogs’ faeces
Consideration be given for residents and road users when walking in the area
f.	Noise must be minimised after 8.30pm
Street Identification
The street address of the development must be clearly visible from the Holts Road frontage of the site by the provision of a street number.
Access to the site must be clearly signed with a sign of up to 1m2.
Temporary Development Approval
This temporary development approval expires on 18 December 2018. Upon receipt of a written request, Council may provide written consent to extend the approval on an annual basis having regard to the status of the adjacent mining lease, the degree of compliance with the approval conditions herein and any breach history.
ENGINEERING
General
The developer must meet any costs to repair damage to any Council or public asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development. A condition report including photographs of the frontage of the site should be completed and kept for future reference and made available to Council if required.
Driveway and Internal Roads
Sealed crossovers must be provided for the two accesses to the site in compliance with the following:
IPWEAQ Standard Drawing SEQ R-056.
Designed and certified by a RPEQ
Have a minimum width of 4.0m at the property front boundary line.
Internal roads must:
Have a minimum width of 3.0m and widened where necessary to provide passing opportunities for vehicles using the site.
Be all weather construction (sealed or compacted gravel) suitable for the anticipated traffic and load of vehicles using the site.
Be provided with adequate stormwater drainage that prevents undue erosion or surface deformation or settlement.
Excavation and Filling
All earthworks shall be undertaken in accordance with the provisions of AS 3798 “Guidelines on Earthworks for Commercial and Residential Developments”.
Stormwater Drainage
Stormwater drainage works and water quality devices and measures must be provided and maintained in accordance with the approved engineering plans and in compliance with the Stormwater Quality Management Plan included in the Stormwater Drainage for No 154 Holts Rd Cooroy Report dated 26 September 2014, Ref No: 1432 IWMP.doc, prepared by Callaghan & Toth.  Particular attention must be given to the construction and maintenance regime of the two proposed Sediment Basins.  The drainage works and basins must be certified by an RPEQ on completion.
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site, the dam or any adjoining property.
Erosion and Sediment Control
The developer must ensure non-essential, short or long term, exposure of soil is prevented by minimising the duration of soil exposure to adverse weather conditions and effectively turf or stabilise any exposed area without delay and prior to rainfall occurring.
The developer must ensure sediment does not leave the site or enter onto adjoining properties or the dam on the site due to surface runoff on tyres of vehicles and/or machinery. The developer must implement appropriate approved erosion and sediment control measures throughout the site during all phases of construction and the ongoing operation of the site.
Prior to the completion of the development, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
The supervising engineer and applicant are responsible to ensure that the implemented, short and long term, erosion controls measures are effective and regularly maintained to cater for all weather conditions.
After Completion of Works
Prior to the commencement of use and the engineering certification of the works by the supervising engineer (RPEQ), a combined inspection of the completed works by Council’s Inspector/s and the supervising engineer is required.  Please contact Council on 5329 6244 to arrange the inspection.
Waste
The developer must provide adequate waste storage and disposal facilities.
Refuse bins must not be placed on the existing road formation of Holts Road.  A suitably sized all-weather pad shall be constructed adjacent the driveway entrances to provide for waste bin collection.
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:
Engineering Certification
Council has undertaken an audit check of the submitted plans in relation to the proposed works. A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
General Environmental Advisory Note
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
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.

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 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 Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.
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.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Not applicable.
self assessable codes
The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.

Not Applicable
submissions
Four properly made submissions were received.
reasons/grounds for approval despite conflict with scheme
The Assessment Manager considers the decision conflicts with the planning scheme and the following are sufficient grounds to justify the decision despite the conflict:
The development will help to address a significant need for low-cost accommodation for self-contained RV travellers in the Noosa area.
The development will provide economic and community benefit through increased visitation to the Noosa hinterland.
The development provides for the adaptive re-use of the existing nursery on the site.
The site’s location near the Bruce Highway is appropriate to cater for self-contained RV traveller’s needs.
The development will not have significant adverse impacts on residential amenity or water supply quality.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully

Kerri Coyle
Manager Planning & Environment

cc	Unitywater

Enc:	Appeal Rights

DECISION NOTICE HISTORY Original Decision Notice - 18 December 2014 Changes to an Existing Approval - 21 July 2016, with an amendment to conditions 4, 5 & 10. Amendment of the Development Permit Approval issued by deleting the term “self contained” Development Permit for Material Change of Use of Premises - Undefined Use - Temporary Short-Term RV Stop

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

[word/footer1.xml]
Page 6 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

[word/header3.xml]
MCU14/0060.01

[Attachment: image3.png (image text)]
K Coy fs


[Attachment: image4.png (image text)]
 
 
 

 
 
 

a
mm

  

NOOSA
COUNCIL