Decision Notice - Approved by Delegation of Authority MCU19 0055 · MCU19/0055

Officer: 	Glen Conforti
Direct Telephone: 	07 53296241
Our Reference:	MCU19/0055 & OPW19/0115
Your Reference:	181112
19 July 2019
AR Pannifex
C/- Adams Sparkes Town Planning
PO Box 1000
BUDDINA  QLD  4575
[email protected]
Dear Sir
Decision Notice
Planning Act 2016
I refer to your application and advise that on 16 July 2019, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU19/0055 & OPW19/0115
Street address:	27 Hill St Sunshine Beach Qld 4567
Real property description:	Lot 93 RP 94566
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 for Multiple Housing Type 2 – Duplex
Development Permit for Operation Work –Access and driveway, External works, Stormwater, Earthworks and Landscaping
CURRENCY PERIOD of approval
The currency period for this development approval is stated in Condition 3 of the Assessment Manager Conditions.
assessment manager conditions
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE - MCU19/0055
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
Sheet Number 02	5	Perspectives, prepared by ICON Building Design	30/06/2019
Sheet Number 03	5	Site Plan, prepared by ICON Building Design	30/06/2019
Sheet Number 04	5	Ground Floor, prepared by ICON Building Design	30/06/2019
Sheet Number 05	5	First Floor, prepared by ICON Building Design	30/06/2019
Sheet Number 06	5	Elevations, prepared by ICON Building Design	30/06/2019
Sheet Number 07	5	Elevations, prepared by ICON Building Design	30/06/2019
Sheet 2		Planting Plan, prepared by Studio 8 Concept & Design	25.06.2019
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 16 July 2025, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level.
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 $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to arranging of the pre-start meeting. 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.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site 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 the development site.
Building Appearance
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
Fencing and Walls
Any street fencing must be set back as indicated on the approved Ground Floor Plan.In this regard no fence is to exceed 2m above the NGL.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Protection of Privacy
To ensure privacy is protected between adjoining properties, any windows/openings must not have direct views into the habitable room windows or private open space areas of the adjoining property. Fixed external screens, a minimum sill height of 1.5m and/or translucent glazing can be used to ensure privacy.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
ENGINEERING
Site Access and Driveways
Sealed access driveway/s for entry and exit must be provided to all parking and manoeuvring areas of the development. The works must be undertaken generally in accordance with the approved plans and in compliance with the Operational Works conditions of this permit.
Car Parking
A minimum of 3 car parking spaces must be provided on the site. The carparking must be provided generally in accordance with the approved plans and in compliance with the Operational Works conditions of this permit.
Public Pathway
A 2.0m wide pathway must be provided along the property frontages of the site to Hill Street and Pacific Avenue in accordance with the Operational Works conditions of this permit.
This condition is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk infrastructure identified by Council’s LGIP to service the development.
A 2.1m wide pram ramp must be provided to Pacific Avenue in accordance with Councils Standard Drawings.
This condition is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk infrastructure identified by Council’s LGIP to service the development.
Stormwater Drainage
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 the Operational Works conditions of this permit.
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.
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
Where applicable, all works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill, associated retaining walls and foundations 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.
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.
LANDSCAPING
The development site must be landscaped.  The works must be undertaken in accordance with the approved Planting Plan, Councils PSP3 Landscaping Plants and Guidelines and must include:
the retention of both existing Ficus macrophyllia located in the road reserve. The lower branches of these 2 species may be pruned and a garden provided around the base of the trees. The under storey plantings may be removed.
should the existing callistemon located to the northern side of the Unit B driveway be required to be removed, it must be replaced by 1 x 45 litre native tree species nominated at the pre-start meeting.
ENVIRONMENTAL HEALTH
Waste Storage
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Noise
Written certification is required from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following:
Air-conditioning and Refrigeration
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable = background + 3dB(A)
Pumps
7am to 7pm: Maximum level allowable = background + 5dB(A)
7pm to 10pm: Maximum level allowable = background + 3dB(A)
10pm to 7am: No audible noise.
The certification must be submitted to Council, which certifies that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice.
DEVELOPMENT PERMIT FOR OPERATIONAL WORKS – OPW19/0115
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
1-02 Job No: 12727	C	Crossover & Driveway, prepared by Structures Engineering Design C. Hoger RPEQ (15346)	04/07/2019
1-04 Job No: 12727	C	Crossover & Driveway, prepared by Structures Engineering Design C. Hoger RPEQ (15346)	04/07/2019
Sheet 1 – S8-0951LD-B		Landscape Plan, prepared by Studio 8 Concept & Design	25.06.2019
Sheet 2		Planting Plan, prepared by Studio 8 Concept & Design	25.06.2019
Sheet 3		Design Elements, prepared by Studio 8 Concept & Design	25.06.2019
Sheet 4		Scope of Works, prepared by Studio 8 Concept & Design	25.06.2019
PRIOR TO COMMENCEMENT OF WORKS
Engineering
All necessary approvals from external service providers (eg Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
A condition report including photographs of the frontage of the site must be completed and submitted to council at the prestart meeting and prior to any works commencing.
The principal contractor must have all the appropriate insurance and public liability documentation to carry out the works. The principal contractor is also responsible to ensure that any subcontractors also have the appropriate insurance and public liability documentation. Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a prestart meeting is 5329 6245. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Landscape works;
Erosion and sediment control works;
Other relevant parties
A Construction Management Plan must be submitted to Council prior to the prestart 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
No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off
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
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
For haulage operations involving significant volumes of fill material or excavated material being transported onto or off the site: details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.  NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
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
Engineering
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.
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
The relevant conditions of the higher order Material Change of Use approval to which this approval relates
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
Pavement Design and Construction
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
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.
Any existing kerb & channel and/or concrete footpath sections requiring removal due to the new works must be saw-cut and removed to allow for a smooth and neat finish with the new works.
The redundant pathway and pram ramp within the road reserve must be removed.
Electrical conduits or other services proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Pathway and Pram Ramp
All pathways must be 2.0m wide minimum constructed generally in accordance with the approved plans, conditions of the MCU approval and the following requirements:
All footpath/cycleway must comply with IPWEA standard drawing 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.
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.
The required pram ramp must be constructed in accordance with Noosa Council’s standard drawing SD: 9006 with a minimum width of 2.1m.
The proposed pathway must terminate in a manner that ensures smooth transition to existing surfaces for public safety and must be extended beyond the frontage of the site to smoothly match the width and levels of adjoining pathways.
Site Access and Driveways
Driveway crossovers must be constructed in accordance with Council’s Standard Drawings RS-049 and RS-050.
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 surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete.
The driveway must be constructed so as not to concentrate stormwater runoff or ponding onto neighbouring properties and/or grassed verge.
Underground service conduits for water supply, electricity and any other services shall be provided as part of the access driveway.
Where there is an existing or proposed pedestrian path, a matching crossfall must be provided for the driveway on the alignment of the path, for the full width of the path.
Have a minimum clearance of 500mm from any Unitywater/Telstra asset, unless a written approval is obtained from Unitywater/ Telstra and submitted to Council.
Be located a minimum of 1m clear of any existing power poles and streetlights, unless a written approval is obtained from Energex and submitted to Council.
Earthworks and Retaining Walls
All earthworks must be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development and a certificate of quality and uniformity of fill must be provided by an RPEQ and submitted to Council prior to the commencement of the use.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (eg by blocking or interfering with natural overland flows or the creation of additional ponding).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Environment
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 commencement of the use, 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.
Landscaping
The development site must be landscaped.  The works must be undertaken in accordance with the approved Landscaping Plans, Councils PSP3 Landscaping Plants and Guidelines and must include:
the retention of both existing Ficus macrophyllia located in the road reserve. The lower branches of these 2 trees may be pruned and a garden provided around the base of the trees. The under storey plantings may be removed.
should the existing callistemon located to the northern side of the Unit B driveway be required to be removed, it must be replaced by 1 x 45 litre native tree species nominated at the pre-start meeting.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
New street tree plantings must:
Meet NATSPEC Guidelines: Specifying Trees requirements for quality.
Be pruned in accordance with AS 4373, Pruning of Amenity Trees.
Be of the approved plan species.
Be pest and disease free.
Grassed areas must be:
Rolled, top dressed and joined smoothly with adjoining surfaces.
Of species sustainable for local and design conditions and do not require irrigation.
Free of disease, pest, weeds, rock and debris.
Landscaping must be located in a position that will not adversely affect Council infrastructure or access to municipal infrastructure.
FOLLOWING CONSTRUCTION / PRIOR TO COMMENCEMENT OF THE USE
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.
A final inspection and approval of the proposed works and completed reinstatement works by Council’s Inspector is required.  Please contact Council on 5329 6245 to arrange for the inspection.
As Constructed Plans and ADAC XML Files (Council)
Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory “As-Constructed” records must be submitted to Council. The bundle of “As Constructed” information must include:
As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
The “As-Constructed” drawings will require certification by a:
Qualified experienced Civil Engineer (RPEQ) confirming design intent and conformance with applicable standards and specifications, along with the relevant descriptions of assets, services and structures and;
Licensed Surveyor in regard to the cadastral and locational information, levels and applicable survey datum.
The data must be in accordance with Council’s “Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks”, and fully detail the levels for all engineering works including but not limited to the drainage network and structures, finished ground and pavement surface levels.
On Maintenance
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.
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection.
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
A Council inspection reveals works do not comply with approval requirements.
Submitted certification wrongly states works comply with approval requirements.

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]	Contaminated land (Unexploded Ordnance)	The agency provided its response on 12 June 2019 (Reference No. 1905-11463 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:
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 on 07 3247 6212 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.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
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
ENVIRONMENTAL HEALTH
Building Works
Noise from residential building works shall comply with the following:
Limited to between 6:30am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions
Not permitted on Sunday or public holidays.
Measurement of Noise
Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with either:
Australian Standard AS1055.1 “Acoustics–Description and measurement of environmental noise – General procedures”, or
The relevant “Noise Measurement Manual” as provided by the Department of Environment and Heritage Protection.
A qualified person is considered to be either:
a Registered Professional Engineer of Queensland, or;
an environmental consultant with a minimum of 3 years current experience in the field of acoustics.
Acoustic Advice & Design
It is highly recommended that the developer seek the advice and design input of a qualified acoustic consultant at the plan development stage to ensure the development does not cause a noise nuisance under the Environmental Protection Act 1994. Attention should be given to the following (but not limited to):
building design and construction
design, selection and installation of fixed plant and equipment
he location of air conditioning and heating units, refrigeration plant, pumps, mechanical exhausts and plant rooms etc
the use of acoustic enclosures/screens around noisy plant and equipment.
operating times.
Environmental Protection
The development should be undertaken in a manner that causes no unlawful environmental nuisance under the Environmental Protection Act 1994 by the creation of excessive noise, lighting, waste, atmospheric pollutants (including dust or odours) or other releases to the environment.
In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint, cement, concrete, builder’s waste or other prescribed contaminants should not to be released to or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.

ENGINEERING
General Advisory Notes
Council has undertaken an audit check of the Operational Works drawings 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.
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 Planning Act 2016 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 6245 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
It should be noted prior to arranging a pre-start meeting the Appeal Period of 20 business days must have passed or the applicant must have provided Council with written confirmation that the applicant has accepted the conditions of Decision Notice and waived their appeal rights.
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 noted otherwise
Environmental Advisory Notes
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.
Erosion and Sediment Control
Accepted best practice standards include:
best Practice Erosion and Sediment Control, International Erosion Control Association (2008).
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All Building Work
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Glen Conforti
Development Planner

Enc:	Appeal Rights
Referral Agency Response
Infrastructure Charge Notice
Approved Plans/Documents

cc.	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])

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

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	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 20

[Attachment: image3.png (image text)]
 

ueenstand
ovement

‘State Development,
Manufacturing,

Infrastructure and Planning
SARA reference: 1905-11463 SRA

‘Council eference:  MCUTQIOOSS & OW10!0115
‘Applicant reference: 181112

12,June 2019
Chief Executive Officer
‘Noosa Shire Council
POBox 141

Tewantin QLD 4585
‘[email protected]

Attention: Glen Confort

Dear Mr Confort

SARA response—27 Hill Street, Sunshine Beach
(Referral agency response given under section 58 ofthe Planning Act 2016)

‘The development application described below was confirmed as property referred by the Department of
State Development, Manufacturing, Infrastructure and Planning on 31 May 2019,

 

 

 

Response

‘Outcome: ‘Referral agency response — with conditions.

Date of response: 42.June 2019

Conations: “The conditions in Attachment 1 must be attached to any

development approval

Avice: ‘Advice to the applicants in Attachment 2.

Reasons: “The reasons forthe referral agency response are in Attachment 3.

Development det

Description: Development permit Material change of use and associated

‘operational works fora duplex

‘SARA role: Refer Agency

‘SARA tigger: ‘Schedule 10, Par 4, Division 3, Subdivision 1, Table 1 (Ptanning
Regulation 2017)

‘Development application for 2 material change of use on
‘South East Queensland (Nor) regional
oe
Hike Aer Buicng Level 3, 12 Fist

‘Avenue Maroosnysore
Page 1086 POBox 1128, Maroochydore QLD 4555


[Attachment: image4.png (image text)]
105-11462 SRA

‘contaminated land (unexploded ordnance)

‘SARA reference: 1905-11463 SRA
‘Assessment Manager: ‘Noosa Shire Council
Street address: 27 Hill Street, Sunshine Beach
Real property description: Lot 93 on RP94565
‘Applicant name: [AR Pannifex Cl- Adams + Sparkes Town Planning
‘Applicant contact details: PO Box 1000

BUDDINA QLD 4575

[email protected]
Representations

 

‘An applicant may make representations fo a concurrence agency, at any tme betore the application =
decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules)
Copies ofthe relevant provisions are in Attachment 4.

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

For further information please contact Ruth Crefleld, Planning Officer, on (07) $352 9775 or via email
‘[email protected] who wil be pleased to assist.

Ze,
aa

‘Garth Nolan
‘Manager (Planning)
co ARPannifex Cl- Adams + Sparkes Town Planning, [email protected]
lene Attachment 1 - Rafer ageney conditions

‘Astachmant 2-Advies tothe sppieant

‘Astachmant 3- Reasons for efral agency response:
‘tachment 4 - Change representation provisions

Deparment of State Development Manfachrng,intasrucre 2nd Planing Page 20f6


[Attachment: image5.png (image text)]
Attachment 1—Referral agency conditions

106-1140 SR

 

‘Under secon €6(1(b)i) of the Planning Act 2076 the folowing conditions must be stached t any Gevalopment
‘approval eating to this application)

 

No

 

Conditions

 

‘Condition
timing

 

Material Change of Use

 

‘Schedule 10, Part 4, Division 3, Subdivision 1, Table 1 — Contaminated land (unexploded ordnance) -
“The chief executive administering the Planning Act 2016 nominates the Director-General ofthe
Department of State Development, Infrastructure and Planning to be the enforcement.
‘development to which this development approval relates for the administration and enforcement of any
matter relating tothe following condition:

authority for the

 

1

 

 

‘Provide written confirmation tothe Deparment of State Development,
‘Manufacturing, infrastructure and Planning by an approved contractor on the
Australian Govemment, Department of Defence, Unexploded Ordnance,
(UXO) Panel thatthe subject ste has been remediated and cleared of,
Unexploded Ordnances.

‘The Unexploded Ordnance (UXO) Panels found online at:
http wa defence. gov aulestatemanagement/supportidehp/WhoToEngage,
Ed

 

Prior tothe
‘commencement
of works

 

 

Deparment of State Development Manfachrng,intasrucre 2nd Planing

Page sof


[Attachment: image6.png (image text)]
106-1140 SR

Attachment 2—Advice to the applicant

 

General advice

 

1

"Terms and phrases used in this document are defined in the Planning Act 2076 its regulation or
the State Development Assessment Provisions (SDAP) v2.4. Ifa word remains undefined ithas
its ordinary meaning.

 

 

 

Provide the owner, occupier and any person employed to work on the subject site the folowing
information:
(@)_ Residual UXO may stil exist folowing remediation and all work should proceed with due
caution,

(©) The procedure to be followed by any person finding an object suspected of being
‘explosive ordnance or component thereof:
iL advise the Police immediately
ji. do not cisturb the object
i take action, where appropriate, to prevent it being disturbed by another person.
Iv. note its approximate dimensions and general appearance
\. note the route to its location.

(©) Applicants wanting to find out more details of area management advice, current UXO
investigations and remedial search contractors may use the folowing websites:
‘© Department of Environment and Science hitos/wanw.ehp.aid.gov.au
‘+ Commonwealth Department of Defence hittoJiwanw defence. cov auluxol

 

 

Deparment of State Development Manfachrng,intasrucre 2nd Planing Page dof6

 


[Attachment: image7.png (image text)]
105-11462 SRA

Attachment 3—Reasons for referral agency response
(Given under secon 257) ofthe Panning Act 2076)

‘The reasons for the department's decision

 

‘+ The development application is fora material change of use and associated operational work fora
duplex.

‘© The proposed development site is identifed as having substantial unexploded ordnance (UXO)
potential

‘+ The proposed development is within an existing urban setting and the UXO potential can be
‘managed suitably for the proposed use.

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

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

Planning Act 2016

Planning Regulation 2017

“The State Development Assessment Provisions (version 2.4), as published by the department

“The Development Assessment Rules

‘SARA DA Mapping system

Deparment of State Development Manfachrng,intasrucre 2nd Planing Page Sof

 


[Attachment: image8.png (image text)]
ee) NOOSA COUNCIL