SUPERSEDED REC14/0007 & OPW14/0253 Decision Notice

Officer:	Glen Conforti
Direct Telephone:	07 5329 6241
Fax:	07 5329 6501
Our Reference:	GCONFORTI:REC14/0007
Your Reference:	12037

1 August 2014

Land Surveying Dynamics Pty Ltd
PO Box 1428
COOLUM BEACH  QLD  4573

[email protected]

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009

I refer to your application and advise that on 31 July 2014, Council decided to approve the application in full subject to conditions.

Details of the decision are as follows:
1.	APPLICATION DETAILS

Application No:	REC14/0007 & OPW14/0253
Street Address:	6 & 8 Stevens & 11 The Esplanade SUNSHINE BEACH  QLD  4567
Real Property Description:	Lot 676 SP 125656, Lots 675 & 697 RP 48111
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following types of approval have been issued:
Development Permit to Reconfigure a Lot - 3 Lots into 4 lots
Development Permit for Operational Work (Civil & Electrical Works)

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 4 years starting the day that this development approval takes effect.

4.	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 compliance assessment.
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
12037-PRO-01	B	Proposed Reconfiguration of Lot 676 on SP125656 & Lots 675 & 697 on RP48111 8 Stevens Street, Sunshine Beach, prepared by Land Surveying Dynamics	8 July 2014
Operational Works
GH2019/14/01	A	Locality and Site Plans, prepared by Greenhaven Projects	7 July 2014
GH2019/14/02	A	Roadworks and Drainage Detail Plan, prepared by Greenhaven Projects	7 July 2014
GH2019/14/03	A	Driveway Longitudinal and Cross Sections, prepared by Greenhaven Projects	7 July 2014
GH2019/14/04	A	Infiltration Tanks and Typical Details, prepared by Greenhaven Projects	7 July 2014
B124-01	B	Electricity Reticulation, prepared by Robin Russell	8 July 2014
B124-02	B	Electrical Schematics, prepared by Robin Russell	8 July 2014
GH2019/14/05		Sewer and Water Detailed Plan, prepared by Greenhaven Projects as to be amended by these conditions	4/6/14
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the clearances to new boundaries for any existing buildings remaining on the site comply with the relevant provisions of the planning scheme and the Building Act 1975, unless varied by this Decision Notice
all constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement
all utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement
all retaining walls and structures are fully contained within the lot they retain
any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to each lot in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to each lot.
External Works
Stevens Street must be upgraded for the length of its frontage to the subject site.  The works must include in particular:
removal of the existing property accesses and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed.
Site Access and Driveways
A sealed access driveway must be provided from Steven Street for the full extent of the access handle and the manoeuvring area at the eastern end servicing lots 675 and 676. The works must include in particular:
A driveway crossover generally in accordance with IPWEAQ standard drawing SEQ R-050
Any necessary modifications to the existing Council drainage pit. The extent of modifications will be determined on site in consultation with Council’s engineering officer
A maneuvering area at the eastern end servicing lots 675 and 676 of sufficient dimensions to permit a B99 vehicle to access each lot in a forward gear, manoeuvre on the driveway and exit the site along the access handle in a forward gear
Underground service conduits for telecommunications, electricity, water supply and any other necessary services.
Vehicle access to Lots 696 and 697 is limited to the constructed driveway only.  A clause must be included in the contract of sale for Lots 696 and 697 which requires vehicle access to be from the constructed driveway only, and which prohibits access from any other location without Council agreement.
Pedestrian Facilities
Pedestrian facilities must be provided for the development.  The works must include in particular a 1.5metre wide footpath within the road verge for the entire length of the site’s frontage to Stevens Street. The final alignment of the path will be determined on site in consultation with Council’s Engineering Officer. This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property or road reserve.
The on-site stormwater drainage system for Lots 696 and 697 and the relevant section of the access driveway must:
Be constructed in accordance with the approved plans and the Stormwater Quantity Assessment prepared by Aquaintel dated 3 July 2014
Be complete and functional prior to the sealing of the survey plan.
The on-site stormwater drainage system for Lot 675 and the relevant section of the access driveway must:
Be constructed in accordance with the approved plans and the Stormwater Quantity Assessment prepared by Aquaintel dated 3 July 2014
Be located wholly within the property boundaries
Be constructed as part of the dwelling construction and be complete and functional prior to the issue of the Certificate of Classification.
The stormwater runoff from the retained buildings, any modified, renovated or new buildings and driveways within Lot 676 must be directed to the existing stormwater drainage system within the lot.
Electricity and Telecommunication Services
Underground reticulated electricity and telecommunication services must be provided to each lot in accordance with 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 reciprocal easement for access and services purposes must be registered against the title of lots 696, 697, 675 and 676 over the proposed easement identified on the Approved Plans.
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.
Reticulated water must be provided to each lot in the development. This must include:
Ensuring that existing internal water pipes are wholly contained within the lot they will serve.
An approved water meter for each lot in accordance with Unitywater and SEQ Standard Drawings.
Provision of a water service to service proposed all lots in accordance with Unitywater and SEQ Standard Drawings.
Reticulated sewerage must be provided to each lot in the development. This must include ensuring existing sewer house drains are wholly contained within the Lot they will serve.
The level of the existing sewer access chamber must be adjusted to suit the proposed finished surface levels. Work must be undertaken by Unitywater at the applicant’s cost.
Easements of between 3 and 10 metres must be provided over all Unitywater sewers located within property boundaries in accordance with the SEQ standards. Easements shall be centred over the pipe. Easement terms shall be the most current registered dealing held by the Department of Natural Resources & Mines and shall not be altered or amended.
A minimum clearance of 1.5 metres must be maintained between Unitywater sewers and proposed building envelopes, buildings and other structures.
Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature and suitable Unitywater approved varieties.
Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.
The existing 100mm diameter watermain within Stevens Street must be replaced for the full frontage of the development site in 100mm diameter DICL pipes. The replacement works must be completed prior to placement of construction materials or site offices adjacent to the water main.
Water meters must be located on alternative boundaries to electrical pillars.

OPERATIONAL WORKS
Prior to Commencement of Works
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart.  The contact number to arrange a pre-start meeting is 5329 6244. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Electrical reticulation works;
Erosion and sediment control works.
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Proposed fencing to the site during the construction phase of the development
Adequate parking arrangements for construction workers
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures
Works programme identifying key components of the works and their respective durations
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
During Construction
The developer must meet any costs to repair damage to any Council 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 submitted to Council at the prestart meeting or prior to any works commencing (where no prestart meeting is to occur).
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
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 Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site
Works Within Road Reserve/Reinstatement
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
All frontage works must match neatly with existing road and verge/footpath features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Pathways
All pathways must be constructed in accordance with the following requirements:
All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065.
All paths must have a slip resistant surface
Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth ride for cyclists
The required work includes any modifications to ensure the footpath finishes flush with all existing service covers and the like, or alternatively these services are raised or altered, so as not to create a pedestrian safety hazard.
Pathways must:
terminate in a manner that ensures smooth transition to existing surfaces for public safety.
be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS1428 Design for access and mobility.
Site Access and Driveways
Any existing unnecessary or redundant property accesses must be removed, and the kerb, footpath and verge area reinstated to match the existing footpath and/or verge treatments. Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed or turf, and must be maintained by the developer until established.
The following must be complied with during the construction of the required crossover/driveway:
The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties
Underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway.
Earthworks
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development. Certification must be provided by an RPEQ and submitted to Council prior to Council signing the Plan of Survey.
Service Conduits under Existing Road Features
Electrical conduits or other services proposed to be installed under existing sealed carriageways, concrete pathways or concrete/sealed driveways must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Erosion and Sediment Control
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards (refer to advisory notes).
Prior to the sealing of the plan of survey for 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 (refer to advisory notes). 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.
Limit soil exposure on the site to a distance of no more than 2m beyond the extent of earthworks shown on the approved plans except where the exposed soil is effectively stabilised without delay and prior to rainfall occurring.

Prior to Council Signing the Plan of Survey
Supervision/Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to plan sealing. To achieve ‘On Maintenance’, the supervising RPEQ must submit to council:
certification that all works have been undertaken and completed in accordance with the requirements of this Permit
As Constructed details in accordance with Council’s Planning Scheme Policy
Maintenance and operational manuals for all proprietary devices
As Constructed Plans
Prior to acceptance of civil works to become Council assets “On Maintenance”, the lodgement of satisfactory “As Constructed” records must be submitted to Council. The “As Constructed” information must include:
Drawings and data certified by a qualified experienced Civil Engineer (RPEQ) for design intent, and certified by a Licensed Surveyor in regard to the cadastre and the location, level and type of all services and structures.
The data must be in accordance with Council’s (Noosa Plan) – Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks, and Planning Scheme Policy 6 Engineering Design Standards – Water and Sewerage and fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels.
The data must be submitted in hardcopy form and digital format (Asset Design and As Constructed (ADAC)) in GDA94 Zone 56 coordinate values. Guidelines on the use of ADAC are available at www.adac.com.au

UNITYWATER
Plan GH2019/14/05 Sewer and Water Detailed Plan, dated 4/6/14 must be submitted to Council with the following amendments:
Add live works table
Note in regard to marker tape
Plans must be submitted prior to the pre-start meeting
Unitywater must be advised in writing of the contractor's name and the proposed date of commencement of construction. A minimum of five days notice is required to enable inspections to be arranged, including a pre-start meeting on site. Phone Unitywater:  07 5409 3870.
Pipe layer accreditation must be provided at the Pre-start meeting including “Century Plus” accreditation for DICL, “Pipeline Installation” for PVC and “Electrofusion/Butt Welding” for Polyethylene Pipe.
During Construction
Water meters must be installed to each lot of the development in accordance with Unitywater requirements and SEQ Standard Drawings.
Electrical pillars must be located on alternative boundaries to water meters.
A minimum horizontal clearance of 1.0 metre must be maintained between stormwater pipes greater than 225mm diameter and Unitywater water supply or sewerage infrastructure.
Stormwater retention systems and gross pollutant traps must maintain a minimum of 1.5 metres horizontal clearance from a sewerage main or sewer house connection point.
A minimum of 0.5 metres separation must be maintained between the outermost edge of   sewer access chambers or sewerage mains and the property boundary.
Easements of between 3 and 10 metres must be provided over all Unitywater sewers located within property boundaries in accordance with the SEQ standards. Easements shall be centred over the pipe. Easement terms shall be the most current registered dealing held by the Department of Natural Resources & Mines and shall not be altered or amended.
No building or structure can encroach within an existing or proposed sewer easement without the written approval of Unitywater.
Proposed tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature and suitable approved varieties.
During the maintenance period the applicant must carry out necessary repairs to:  defects and/or damage of road works; drainage and associated work; water supply and sewerage reticulation and pump stations and associated equipment. These repairs include damage and/or alterations caused by third parties carrying out works within the development.
Construction works undertaken in the vicinity of Unitywater’s existing water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure.  All costs associated with repair, replacement or alteration to existing infrastructure must be met by the applicant.
Prior to Council Signing the Plan of Survey
As Constructed drawings shall be lodged in both hardcopy and ADAC digital format in GDA94 Zone 56 coordinate values. As constructed drawings will be required prior to works being accepted On Maintenance.  The GDA co-ordinates and AHD levels of all permanent survey marks installed shall be provided. The surveyed location, meter numbers and readings of water meters installed by the developer must be included in the as - constructed information.
A water meter record sheet must be completed and submitted to Unitywater prior to works being accepted on-maintenance.
Upon completion of the works a certificate must be issued by a RPEQ certifying that the works have been constructed in accordance with Unitywater standards, and in compliance with the approved plans and specifications.  The works must be supervised by the Engineer in a planned and timely manner to ensure the integrity of the certification is upheld.
Sewerage reticulation mains must be inspected by closed circuit television (CCTV) prior to the on and off maintenance inspections. Arrangements and costs for all CCTV inspections, if required, are the responsibility of the applicant. Unitywater requires the data format to be SEWRAT or WINCAM with digital video images on DVD.  The CCTV must be a tracked vehicle with rotating camera head and an inclinometer to measure the grade of the sewer line. The DVD must be provided to Unitywater prior to the on maintenance inspection.
Prior to Council ACCEPTING THE WORKS “OFF MAINTENANCE”
Sewerage reticulation mains must be inspected by closed circuit television (CCTV) prior to the off maintenance inspection. Arrangements and costs for additional CCTV inspections, if required are the responsibility of the applicant. The DVD must be provided to Unitywater prior to the off maintenance inspection.

5.	REFERRAL AGENCIES

Not Applicable.

8.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

RECONFIGURATION OF A LOT

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.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Adopted Infrastructure Charges Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the Sustainable Planning Act 2009.

UNITYWATER
Connection to the Unitywater live water supply and live sewerage system must be undertaken by Unitywater at the applicant’s cost.

OPERATIONAL WORKS
General Advisory Notes
Council has undertaken an audit check of the Operational Works drawings in relations 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.

Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.

Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.

Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6244 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.

If Council officers are required to undertake additional inspections of the same works, a reinspection fee will be applicable in accordance with Council’s Fees and Charges register applicable at the time.

A minimum maintenance period of 12 months will apply to all municipal works and thereafter until such time as the works are performing in accordance with the approved design unless notifies otherwise

Erosion and Sediment Control
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the plan sealing inspection:
Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual; and
Stormwater runoff from the site is not currently, and is not likely to result in visible evidence of sedimentation or erosion, or lead to water contamination.

If at the time of request for plan sealing, the method of short-term stabilisation has not achieved a level of stability that Council's Officers believe will have a high probability of achieving long term stability (i.e. until house construction has occurred on all lots), Council Officers may take the following matters into consideration in determining whether the site is capable of achieving medium to long-term stability:
Evidence that the site has been effectively stabilised in the short term;
Evidence that soil has been adequately ameliorated;
Evidence that seed of annual and perennial grass species has been applied at an adequate rate; and
That grass seed has germinated at a density that is likely to achieve an effective grass cover.

For example, while hydromulch can provide an immediate and effective stabilising cover to soils, the protective cover can be relatively short-lived if vegetation fails to establish before the thin layer of mulch decomposes. So if hydromulch is selected as the method of temporary short term stabilisation, Council Officers will seek to confirm that perennial as well as annual grasses are well established at the time of plan sealing to reduce the risk of instability of the site in the medium to long term. As a general rule, hydromulch will only be accepted as a “patch” fix and should comprise no more than 20% of the exposed site area due to the high risk of failure. Due to the requirement to progressively stabilise exposed areas, it is not envisioned that this will present any difficulties for an appropriately managed and compliant site

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.

UNITYWATER
Connection of the proposed works to existing water supply and sewerage reticulation can only be performed by Unitywater. A quotation for such works will be prepared upon request

Unitywater currently requires the installation of Elster PSM 50100/39 dual check meters. Water meters may be purchased direct from “Elster” and installed by the developer, or Unitywater can provide the meters and undertake the works

Where connection to the existing reticulation system is required, the depth of the existing pipework must be determined prior to initiation of works to ensure that the connection can be made without the use of vertical bends.  Approval from Unitywater must be obtained where minimum pipe cover cannot be maintained

Unitywater is not responsible for alterations to existing services that may be required when Unitywater is connecting new water mains to the live water network.  This may involve negotiations with other service authorities

Resubmission of Amended Plans Required
The conditions of this Decision Notice require resubmission of plan/s to Council with amendments. Please address the amended plan/s to Council’s Planning Assessment Branch with the Reference No. REC14/0007.

9.	PROPERTY NOTES

The following property notes or similar will be placed against the subject property in Council’s property record system:

REC14/0007 - Property Access Driveway
The following notation applies to approved lots 696 and 697:
To ensure the safety and efficiency of the road network and to minimize vehicle access points to Stevens Street vehicle access to this lot must be from the constructed driveway only (refer to Council Approval REC14/0007).

REC14/0007 – Stormwater Management
The following notation applies to all lots:
As required by the stormwater management plan for this development all roof runoff must be connected to the infiltration pit located on the property. Note the infiltration pits and their maintenance are the responsibility of the owner. Refer to Council Approval REC14/0007.

The following notation applies to lot 675:
The required infiltration system must be constructed as part of the dwelling construction and be complete and functional prior to the issue of the Certificate of Classification. Refer to Council Approval REC14/0007.

10.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

11.	FURTHER DEVELOPMENT PERMITS REQUIRED

Compliance Certificate for Document (Plan Sealing)

12.	SELF ASSESSABLE CODES

Not Applicable.

13.	SUBMISSIONS

Not Applicable.

14.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

15.	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”.

16.	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

Glen Conforti
Planning technical officer

Enc:	Infrastructure Charge Notice]
Approved Plans/Documents
Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 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.

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.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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