Amended Decision Notice - MCU18 0135 · MCU18/0135

Officer: 	Lisa Pienaar
Direct Telephone: 	53296514
Our Reference:	MCU18/0135
Your Reference:	180709
30 November 2018
MC Murray & KKY Murray
C/- Adams Sparkes Town Planning
PO Box 1000
BUDDINA  QLD  4575
[email protected]
Dear Sir/Madam
Amended Decision Notice
Planning Act 2016
I refer to your application and advise that on 30 November 2018, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU18/0135
Street address:	Noosa Dunes 15/512 David Low Way Castaways Beach Qld 4567
Real property description:	Lot 15 SP 111721
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Detached House (Coastal Protection Area)
CURRENCY PERIOD of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
assessment manager conditions
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.
Sheet/Rev	Plan/Document Name	Date
2/23 Rev. A	Proposed site Plan, drawn by Planet	21/06/2018
3/23 Rev. A	Ground Level Floor Plan, drawn by Planet	21/06/2018
4/23 Rev. A	First Level Floor Plan, drawn by Planet	21/06/2018
7/23 Rev A	Elevations 1 & 2 (Southern and Western aspect), drawn by Planet	21/06/2018
8/23 Rev A	Elevations 3 & 4 (Northern and Eastern aspect) , drawn by Planet	21/06/2018
9/23 Rev A	Section 01a, drawn by Planet	21/06/2018
10/23 Rev A	Section 01b, drawn by Planet	21/06/2018
Plan of Development
The development must be carried out in compliance with the relevant requirements and provisions of the Plan of Development (No 65).
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface and 2 storeys.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 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.
Landscaping
All vegetation outside the building envelope must be retained where practicable.
All landscaping must be planted in accordance with the approved Landscape Plan and Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.
Trees in the road reserve must be protected from construction activities by:
clearly marking vegetation 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.
Site Access and Driveways
A sealed access driveway must be provided from the formation of the common property road to all parking and manoeuvring areas of the development. The works must include in particular a driveway crossover generally in accordance with Council’s Standard Drawings RS-049 and RS-050 and any associated addendums.
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. The works must be undertaken generally in accordance with the Engineering Report & Integrated Water Management Plan reference C6142/18/ENG-V1 prepared by Walsh Consulting Engineers dated October 2018.
All elements of the stormwater management system for the development must be wholly contained within the subject site.
Easements
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.
Geotechnical Stability
All works must be carried out in accordance with the recommendations contained in the Slope Stability Assessment – Proposed Residence Lot 15 on SP111721, Marcus Dunes Court, Castaways Beach Project No. 18197-001-Rev 0 prepared by Tectonic Geotechnical & Environmental Engineers dated 6 August 2018.
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the recommendations contained in the Slope Stability Assessment – Proposed Residence Lot 15 on SP111721, Marcus Dunes Court, Castaways Beach Project No. 18197-001-Rev 0 prepared by Tectonic Geotechnical & Environmental Engineers dated 6 August 2018, and that the development has a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
Earthworks and Retaining Walls
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.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Electricity and Telecommunication Services
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.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Coastal Protection
Gates must not be installed along the eastern property boundary to gain direct access to the beachfront.
External colours and finishes of the building must comprise of muted/environmental tones 0523 that blend with the natural environment.
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]	10.4.3.1.1 Contaminated land (unexploded  ordnance)	The agency provided its response on 23 October 2018 (Reference No. 1809-7260 SRA). 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:
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.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Detached House Driveways Code. A self-assessable application is required to be submitted to Council for the vehicle crossover OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.
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	Private Certification
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,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Referral Agency Response
List of Submitters
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Referral Info - SARA details Insert Autotext SARA (F3) – otherwise delete

	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 12

[Attachment: image3.png (image text)]
 

Queensland
Government

‘State Development,
Manufacturing
Infrastructure and Planning

 

Department of State Development, Manufacturing, Infrastructure and Planning
‘Statement of reasons for application 1809-7260 SRA
(Given under section 58 ofthe Planning Act 2016)

 

Departmental role: Referral agency
Applicant details
‘Applicant name: ‘Mare and Karen Murray e! ADAMS + SPARKES Town Planning
Applicant contact details: ‘Sam Robinson
PO Box 1000
BUDDINA QLD 4575
‘[email protected]

Location details

 

‘Street address:
Real property description:
Local government area:

Development details

‘512 David Low Way, Castaways Beach
48sP111721

‘Noosa Shire Council

 

Development permit

Assessment matters

Material change of use for detached house

 

‘Aspect of development
requiring code assessment

‘Applicable codes

 

10.4.3.1.1 Contaminated land
(unexploded ordnance)

 

‘State Development Assessment Provisions (SDAP) version 2.3,
(effective 2 July 2018) ~ State Code 13 Unexploded Ordinance

 

 

 

Page tof2

‘South East Queenston (North) regional
ote

Hike Anam Bulking, Level 3,12 Fest
‘Avenue, Marcocnyre

PO Bor 129, Maroochydore CLD 4558

 


[Attachment: image4.png (image text)]
1200-7200 SRA

Reasons for the department's decision

“The reasons forthe decision are:
+ To ensure the development manages the land in a manner that protects human safety and the
‘environment.

Findings on material questions of fact
‘© The proposed development is for a material change of use — dwelling house.
+ DSDMIP as referral agency (concurrence) requites a one condition and one advice note to be
attached to any approval

Evidence or other material on which the findings were based

* Development application material uploaded to MyDAS2,

* State Development Assessment Provisions published by the Department of State Development,
‘Manufacturing, infrastructure and Planning

Planning Act 2016

* Planning Regulation 2017

Deparment of State Development Manufacturing lnfastucure and Planing Page of2


[Attachment: image5.png (image text)]
 

Queensland
Government

‘State Development,
Manufacturing,
Infrastructure and Planning

SARA reference: 1600-7260 SRA

Council reference: MCUTBI0136
‘Applicant reference: 180709

23 October 2018

“The Chief Executive Officer

‘Noosa Shire Council
PO Box 141

Tewantin Qld 4565
‘[email protected]

‘Attention: Lisa Pienaar

Dear SirMadam

Referral agency response—with conditions
(Given under section 58 ofthe Planning Act 2016)

“The development application described below was property referred to the Department of State
Development, Manufacturing, infrastructure and Planning on 13 September 2018.

 

Applicant details
‘Applicant name: ‘Mare and Karen Murray oJ ADAMS + SPARKES Town Planning
Applicant contact details: ‘Sam Robinson

PO Box 1000

BUDDINA QLD 4575

‘[email protected]

Location details

 

‘Street address:
Real property description:
Local government area:

Application details

‘512 David Low Way, Castaways Beach
sssP111721
Noosa Shire Council

 

Development permit

Referral triggers

“Material change of use for detached house

 

“The development application was referred tothe department under the following provisions of the

Planning Regulation 2017:

Page tof

‘South East Queenston (North) regional
ote

Hike Anam Bulking, Level 3,12 Fest
‘Avenue, Marcocnyre

PO Bor 129, Maroochydore CLD 4558


[Attachment: image6.png (image text)]
1200-7200 SRA

© 1043.14 ‘Contaminated land (unexploded ordnance)

Conditions
Under section 56(1)(b)() of the Planning Act 2016 (the Act), the conditions set out in Attachment 1 must
be attached to any development approval

Reasons for decision to impose conditions
“The department must provide reasons for the decision to impose conditions. These reasons are set out in
‘Attachment 2.

‘Advice to the applicant,
“The department offers the folowing advice about the application to the applicant.

 

‘General advice

 

 

7. __ | Provide the owner, occupier and any person employed to work on the subject cite the following
information:
(a) Residual UXO may sil exist following remediation and all work should proceed with due
caution.
(b) The procedure tobe followed by any person finding an object suspected of being explosive
ordnance or component thereof:
() Advise the Police immediatly.

(i) Do not disturb the object.
(ii) Take action, where appropriate, to prevent it being disturbed.
() another person.
() Note its approximate dimensions and general appearance.
(i Note the route to its location.
Applicants wanting to find out more details of area management advice (AMA), current UXO
investigations and remedial search contractors may use the following websites:
Department of Environment and Science - htps:/www.des.qld.gov.aul OR
Commonwealth Deparment of Defence - hitp:/iwaw.defence.gov-auluxo!

 

 

‘A copy ofthis response has been sent to the applicant for their information.

For further information please contact Luke Farrelly, Senior Planning Officer, on 0753529774 or via email
‘[email protected] who will be pleased to assist.

Yours sincerely

 

a

Garth Nolan
‘Manager (Planning)

ce Mare and Karen Muay ! ADAMS + SPARKES Town Planning, sspen@setpd com au

lene Attachment Conditions tobe imposed
‘AStachmant 2—-Rascons for decision fo impose concltions

Deparment of State Development Manufacturing lnfastucure and Planing Paget

 


[Attachment: image7.png (image text)]
Attachment 1—Conaitions to be imposed

1200-7200 SRA

 

 

Conditions

‘Condition
timing

 

‘Material change of use

 

10.4.

‘Act 2016 nominates the Director-General ofthe Department of State Development, Mant

3.1.1 Contaminated Land (unexploded ordinance) —The chief executive administering the Planning

facturing,

Infrastructure and Planning to be the enforcement authority for the development to which this

 

 

 

 

 

development approval relates for the administration and enforcement of any matter relating to the

{following condition(s)

1. Provide written confirmation to the Department of State Development, Prior to
‘Manufacturing, infrastructure and Planning by an approved contractor on the | commencement
Australian Govemment, Department of Defence, Unexploded Ordnance (UXO) | of works
Pane! that the subject site has been remediated and cleared of Unexploded
‘Ordnanees,

“The Unexploded Ordnance (UXO) Pane! is found ontine at:
hits wwrw defence qov aulestatemanagement/support/dehp/WhoToEngage asp
Deparment of State Development Manufacturing lnfastucure and Planing Paget

 


[Attachment: image8.png (image text)]
1200-7200 SRA

Attachment 2—Reasons for decision to impose conditions

 

“The reasons for this decision are:

+ Tocensure the development manages the land in a manner that protects human safety and the
‘environment.

Findings on material questions of fact,

‘© The proposed development is for a material change of use — dwelling house.

+ DSDMIP as referral agency (concurrence) requites a one condition and one advice note to be
attached to any approval

Evidence or other material on which the findings were based

* Development application material uploaded to MyDAS2

* State Development Assessment Provisions published by the Department of State Development,
‘Manufacturing, infrastructure and Planning

Planning Act 2016

* Planning Regulation 2017

Deparment of State Development Manufacturing lnfastucure and Planing Pages ot

 


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ee) NOOSA COUNCIL