SUPERSEDED Decision Notice - Approved by Delegation of Authority MCU21 0026

Officer: 	Tara Norley
Direct Telephone: 	07 53296486
Our Reference:	MCU21/0026
Your Reference:	02106
28 May 2021
JIH Douglas
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 26 May 2021, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU21/0026
Street address:	20 Park Cres Sunshine Beach Qld 4567
Real property description:	Lot 589 RP 48112
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for a 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
7376-01		Building Location, Contour & Detail Plan, prepared by Livingstone Group	07/07/2020
TP300	TP6	Site Plan, prepared by Teeland Architects	17.05.21
TP301	TP6	Upper Floor Plan, prepared by Teeland Architects As annotated by Council	17.05.21
TP302	TP6	Lower Floor Plan, prepared by Teeland Architects	17.05.21
TP303	TP6	Basement Plan, prepared by Teeland Architects	17.05.21
TP304	TP6	Roof Plan, prepared by Teeland Architects	17.05.21
TP400	TP6	North Elevation, prepared by Teeland Architects As annotated by Council	17.05.21
TP401	TP6	West Elevation, prepared by Teeland Architects As annotated by Council	17.05.21
TP402	TP6	East Elevation, prepared by Teeland Architects	17.05.21
TP403	TP6	South Elevation, prepared by Teeland Architects	17.05.21
TP500	TP6	Section A, prepared by Teeland Architects	17.05.21
TP501	TP6	Section B, prepared by Teeland Architects	17.05.21
TP600	TP6	SE View with 8m Above NGL Projection, prepared by Teeland Architects	17.05.21
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level except for the area of roof as shown on the approved plan which must not exceed 9.3m above the natural ground level at the south east corner of the roof.
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.
Built form
The wall on the front and side boundary of the bin store area adjoining the garage must be reduced in height to a maximum of 2 metres and the area must not be roofed.
The basement must be backfilled to meet the definition of a basement under the Noosa Plan 2020.
Currency Period
This development approval lapses if the use has not happened by 26 May 2027, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 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 for the dwelling house. 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
A minimum of 20% of the site must be retained as soft 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 3 metres of the building footprint to allow for construction (i.e. for scaffolding etc).
Existing vegetation in the road reserve must be retained. In this regard, the property driveway must be located to avoid the pandanus and its health maintained.
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.
A garden must be provided near the pavers to the entry within the property boundary to soften the streetscape elevation.
Screening vegetation must be planted along both the east and west boundaries for the full length of the dwelling house in accordance with Council’s Planning Scheme Policy PSP2 - Landscaping.  The planted vegetation must have a minimum pot size of 200mm and consist of native, endemic species with a mature height of not less than 6 metres and a maximum spacing of 2 metre centres.
Coastal Protection
Gates must not be installed along the seaward property boundary to gain direct access to the beachfront.
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
No buildings, structures or retaining walls must be located seaward of the Coastal Building Line except for the structures identified on the approved plan being 2 balconies (1 on the upper level and 1 on the lower level) and a 900mm wide roof eave.
ENGINEERING
Site Access and Driveways
A sealed access driveway must be provided from Park Crescent to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover generally in accordance with council’s standard drawings RS-049 and RS-050.
Private retaining structures (walls, etc.) are not permitted in the road reserve.
Stormwater Drainage
Private drainage structures are not permitted in the road reserve.
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 use of pumps for stormwater discharge is not permitted.
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken generally in accordance with ARCOS plan “Civil Stormwater Management Layout”, No. 200849-C-00004, Rev A and dated 29/03/2021.
The site specific Stormwater Management Plan (SWMP) must be approved as part of the subsequent Building Permit.
The site specific SWMP must be consistent with the site specific geotechnical report’s recommendations.
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.
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
Earthworks carried out on site must not affect the structural integrity of any of the adjoining lands and/or buildings and/or structures and/or services.
All works must be carried out generally in accordance with ARCOS geotechnical report “Report on Geotechnical Investigation”, Letter 01 Revision 0, Project No. 200849, dated 9 February 2021.
The site specific geotechnical report must be consistent with the site specific SWMP’s recommendations.
The site specific geotechnical report must be approved as part of the subsequent Building Permit.
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.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
All retaining walls and associated foundations/footings must be wholly contained within the lot they support and 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.
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.
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:
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.
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.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
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 Operational Works	Driveway crossover
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

Tara Norley
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

	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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