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MCU 160143 Decision Notice
Attached to the e-mail Change to DA (Report, Decision Notice, PACT Form 5) MCU16/0143.01.
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Noosa Council documents
Officer: Patrick Murphy
Direct Telephone: 53296436
Our Reference: MCU16/0143
Your Reference: N/A
15 June 2017
CBD Settlers Cove Pty Ltd
C/- Martoo Consulting Pty Ltd
C/- Nadine Gorton
PO Box 1684
NOOSA HEADS QLD 4567
Dear Sir/Madam
Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 15 June 2017, Council decided to approve
the application in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: MCU16/0143
Street Address: 12 Serenity Close Noosa Heads, 14 Serenity Close Noosa
Heads
Real Property Description: Lot 7 SP 195871
Lot 8 SP 195871
Planning Scheme: The Noosa Plan (28 October 2016)
2 DECISION DETAILS
The following type of approval has been issued:
• Development Permit for Material Change of Use of Premises - Multiple housing
Type 4 Conventional - 37 units
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
1. 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.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au
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Approved Plans
2. 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 Rev. Plan/Document Name Date
No.
DA02 4 Site Plan Basement – Blackburne Jackson Design 28/02/2017
DA03 4 Site Plan Level 1 – Blackburne Jackson Design 28/02/2017
DA04 4 Site Plan Level 2 – Blackburne Jackson Design 28/02/2017
DA05 4 Site Plan Level 3 – Blackburne Jackson Design 28/02/2017
DA06 4 Site Plan Level 4 – Blackburne Jackson Design 28/02/2017
DA07 4 Site Plan Level 5 – Blackburne Jackson Design 28/02/2017
DA08 4 Stage 4a Basement Recreation Area – Blackburne 28/02/2017
Jackson Design
DA09 4 Stage 4a Basement Floor Plan – Blackburne 28/02/2017
Jackson Design
DA10 4 Stage 4a Level 1 Entry – Blackburne Jackson 28/02/2017
Design
DA11 4 Stage 4a Level 1 – Blackburne Jackson Design 28/02/2017
Floor Plan
DA12 3 Stage 4a Level 2 Floor Plan – Blackburne Jackson 28/02/2017
Design
DA13 3 Stage 4a Level 3 Floor Plan – Blackburne Jackson 28/02/2017
Design
DA14 4 Stage 4a Level 4 Floor Plan – Blackburne Jackson 28/02/2017
Design
DA15 5 Stage 4a Level 5 Roof Plan – Blackburne Jackson 08/03/2017
Design
DA16 4 Stage 4a South and North Elevations – Blackburne 28/02/2017
Jackson Design
DA17 4 Stage 4a Level 3 East and West Elevations – 28/02/2017
Blackburne Jackson Design
DA18 4 Stage 4a Level 3 Section A – Blackburne Jackson 28/02/2017
Design
DA19 3 Stage 4a Recreation Area – Blackburne Jackson 28/02/2017
Design
DA20 4 Stage 4b Basement Recreation Area – Blackburne 28/02/2017
Jackson Design
DA21 4 Stage 4b Level 1 Recreation Area – Blackburne 28/02/2017
Jackson Design
DA22 4 Stage 4b Level 1 Floor Plan – Blackburne Jackson 28/02/2017
Design
DA23 3 Stage 4b Level 2 Floor Plan – Blackburne Jackson 28/02/2017
Design
DA24 3 Stage 4b Level 3 Floor Plan – Blackburne Jackson 28/02/2017
Design
DA25 3 Stage 4b Level 4 Floor Plan – Blackburne Jackson 28/02/2017
Design
DA26 4 Stage 4b Level 5 Roof Plan – Blackburne Jackson 08/03/2017
Design
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DA27 4 Stage 4b Southwest and Northwest Elevations – 28/02/2017
Blackburne Jackson Design
DA28 3 Stage 4b Level 3 Northeast and Southeast 28/02/2017
Elevations – Blackburne Jackson Design
DA29 4 Stage 4b Level 3 Section B – Blackburne Jackson 28/02/2017
Design
DA30 3 Stage 4b Recreation Area – Blackburne Jackson 28/02/2017
Design
DA32 4 Roof Perspective – Blackburne Jackson Design 08/03/2017
DA33 3 Stage 4a Roof Perspective Views – Blackburne 28/02/2017
Jackson Design
DA34 3 Stage 4b Roof Perspective Views – Blackburne 28/02/2017
Jackson Design
DA35 3 Site Perspectives – Blackburne Jackson Design 28/02/2017
DA36 3 Site Perspectives – Blackburne Jackson Design 28/02/2017
DA42 2 Stage 4a & 4b Driveway Sections – Blackburne 28/02/2017
Jackson Design
3. 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.
4. All exterior surfaces must be in muted and non-reflective tones that blend in with
the surrounding natural landscape.
5. Any fencing provided in conjunction with the development is to be setback at least
1 metre from the road frontage with at least half of any fence setback 2 metres.
Dense landscaping is to be provided between the road frontage and any fencing.
6. The building height shall not exceed the Reduced Levels indicated on the
approved plans. Prior to the release of the performance bond a verification
certificate shall be submitted by a Licensed Surveyor confirming that the building
does not exceed these levels.
7. Existing trees on the site and within road reserves are to be retained except where
required to be removed due to building operations, requirements of the Bushfire
Management Plan or the conduct of the approved use.
8. Any advertising sign or device is to comply with the provisions of Council's policies
on advertising.
9. Security in the form of a cash bond or trading bank guarantee to the sum of
$30,000 must be submitted, to secure performance of all conditions of this
approval, prior to the issue of a Development Permit for operational 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.
10. The requirements of this development approval are to be effected, prior to the use
of the premises. Council reserves the right to call upon the bond or guaranteed
sum referred to in this approval to effect compliance with conditions.
11. This Development Permit for a material change of use lapses if the use has not
happened by 15 June 2021, unless an application to extend the relevant period is
approved by Council.
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12. The developer must obtain all of the other Development Permits referred to in the
Decision Notice, prior to obtaining a Development Permit for building works.
Site Access and Driveways
13. A sealed access driveway must be provided from Serenity Close 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. a driveway crossover in accordance with standard drawing RS-051;
b. a driveway designed and constructed in accordance with
AS/NZS2890.1:2004 and Council’s design standards with grades that
prevent vehicles from scraping and/or bottoming whilst also allowing
pedestrians movements along the footpath without any level difference.
Car Parking
14. A minimum of 84 car parking spaces must be provided and marked on the site.
The works must be undertaken in accordance with an Operational Works approval
and must include in particular:
a. 9 visitor/disabled parking spaces within the total, which are clearly marked
for that purpose and accessible at all times for visitor use;
b. crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
15. All car parking areas and access driveways must be maintained exclusively for
vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
16. Directional signage must be provided to direct visitors to the car parking spaces
provided on site.
17. All vehicles must enter and leave the site in a forward direction.
Service Vehicles
18. One of the carparking spaces towards the frontage of the development (outside the
proposed gates) must be used as a shared service bay for small
delivery/maintenance vehicles. This space shall be clearly line-marked and sign
posted for use by Service Vehicles between the hours of 6am to 6pm. Outside of
the specified hours the space could be used as a standard visitor space.
Landscaping Works
19. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval and the Noosa Plan for that
specific area and must include in particular:
a. retention of existing trees within the side and front setback areas, except
where their removal would be necessary as a result of approved building or
operational works;
b. retention of existing trees between the building and the area of the site
identified as Open Space Conservation & Waterway on Drawing No.
881228/E, titled ‘Metes & Bounds Plan for Private Open Space for
Conservation and Waterways Protection on Residential High Density (RHD)
and dated 30 June 2004, except where their removal would be necessary as
a result of approved building or operational works or the requirements of the
Bushfire Management Plan;
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c. incorporation of koala and glossy black cockatoo food trees;
d. mature planting, including a minimum of 3 x 100 litre native trees and 20 x 45
litre native trees;
e. screening vegetation between the public access pathway and the building;
f. details of any external fencing or gates to be provided.
20. Existing trees on the site and within road reserves are to be retained except where
required to be removed due to building operations, requirements of the Bushfire
Management Plan & the Ecological Restoration Plan or the conduct of the
approved use.
21. The public access pathway must provide for unobstructed pedestrian access for
the general public during daylight hours 7am to 7pm, 7 days a week.
Vegetation Protection
22. All trees to be retained shall be clearly defined on all drawings and clearly marked
on site to prevent any damage occurring to these trees.
23. Any excavation works within 6 metres of the boundary of the Open Space
Conservation & Waterway on Drawing No. 881228/E, titled ‘Metes & Bounds Plan
for Private Open Space for Conservation and Waterways Protection on Residential
High Density (RHD) and dated 30 June 2004, must be in accordance with an
operational works approval.
24. Any works required within the drip zone of any trees to be retained shall be carried
out by hand, not by machinery.
25. The internal driveway (or any other form of hard pavement for that matter) within
the drip zone of any trees on site to be retained shall be designed to allow the flow
of water through the pavement or be designed to direct stormwater runoff to the
trees root system. To this extent the uncovered visitor spaces towards the
frontage of the development may be able to incorporate pervious paving that
allows water penetration.
26. All pavements shall be constructed so as not to damage the root system of any
trees to be retained and in this regard temporary fencing shall be provided around
the trees during construction to help protect them.
27. Plans shall be submitted to the Council for approval that clearly show the type and
extent of pavements proposed, how they comply with the above conditions and
also illustrating any temporary fencing to protect the trees prior to obtaining a
Development Permit for Operational Works.
Fauna Management
28. Vegetation must only be removed or disturbed in accordance with a Fauna
Management Plan (or part thereof) prepared by a qualified person* and endorsed
through an Operational Works approval. The Fauna Management Plan must
include a plan showing all trees in developable site in relation to the approved
development.
*(Refer to Advisory Note)
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Bushfire Information Kit
29. A Bushfire Information Kit must be submitted for approval and endorsed through
an operational works approval. The kit must provide clear and practical instructions
regarding the bushfire management requirements of the covenant area. These
instructions are to be in plain English, logical format, provide concise direction for
the management of the covenant area in accordance with the approved Bushfire
Management Plan.
Frontage Works
30. Footpath improvements such as topsoiling, grassing, and tree planting are required
to the Serenity Close frontage of the site (if not already provided) in accordance
with Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. Grass
shall be couch, free of weeds.
31. A new 1.5 metre wide concrete path shall be constructed along the Serenity Close
frontage of the site (if not already provided) in accordance with Council’s design
standards and to an alignment that protects any significant vegetation or any
underground services.
32. All paths shall be designed and constructed to ensure pedestrian safety using non-
slip materials and to produce an evenly graded surface finish.
Stormwater Drainage
33. All stormwater drainage shall be collected on site and discharged so there is no net
increase in stormwater runoff from the site.
34. 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 in accordance with an Operational Works approval
and must include in particular a drainage system generally in accordance with the
approved Environmental Management Plan for the Settlers Cove development.
35. On site swale drains will be required to capture and direct any overland stormwater
runoff to the Infiltration Pits proposed on site. These swales shall be sized to carry
a 3-month storm event and plans detailing their capacity, location, length, width
and grades shall be submitted to Council for approval.
36. All site stormwater drainage shall be by means of a gravity system.
37. Plans of the entire on-site drainage design must be prepared by a Registered
Professional Civil Engineer and submitted to Council prior to obtaining a
Development Permit for Operational Works.
Electricity and Telecommunication Services
38. 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.
39. 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.
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Easements
40. 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.
41. 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.
42. 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
43. All earthworks and associated batters must be undertaken in accordance with an
Operational Works approval, and contained entirely within the subject site unless
written permission from the respective landowner(s) is provided to Council.
44. Plans and details outlining the extent of earthworks required on site and any trees
to be retained shall be submitted to Council for approval prior to obtaining a
Development Permit for Operational Works.
45. All major excavations (including the basement and driveways) shall be shored to
prevent batters extending into areas and vegetation that are to be retained. All
trees to be retained should be adequately tagged to Council’s satisfaction and
enclosed with a barrier fence to the drip line to prevent damage.
46. A Geotechnical Engineer or similar qualified expert shall assess the soil condition
on site, determine the soil classification, establish whether any measures are
required to protect the stability of adjoining buildings and/or structures and/or land,
and make recommendations on the type of foundation system(s) best suited for the
proposed development. The recommendations of this report shall be incorporated
into the design and construction of the proposed development.
47. Earthworks shall not cause the ponding of water on any adjoining lands or the
blockage of, or interference with, any natural watercourses or overland flow path.
48. 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.
Erosion and Sediment Control
49. Any person acting on this permit shall prevent erosion and sediment export from
leaving the site. Site control measures such as silt fencing, controlled gravel
access to the site, controlled disposal of waste, catch drains, and temporary
infiltration or sump pump-outs will be necessary.
50. Plans detailing the methods of controlling erosion and sediment are required to be
submitted to the Council for approval prior to obtaining a Development Permit for
Operational Works. The applicant is advised that a simple silt fence by itself is
unlikely to meet the objectives of best practice for Erosion & Sediment Control.
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Damage to Services and Assets
51. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. 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.
Community Management Statement Requirements
52. The Applicant and all future owners of the site shall comply with the Environmental
Management Plan (EMP) for Settlers Cove Development 23118 DA and
compliance with the EMP shall be referenced in any community management
statement over the site.
53. The Fire Management Plan is to be implemented by the Developer and future
owners of the site and is to be referenced in any community management
statement.
Environmental Health
54. The developer must provide a suitably screened imperviously paved area large
enough for all refuse and recycling containers. A wash down area is required with
a cold-water tap, hose and drain outlet connected to sewer. The drain outlet is to
be designed to prevent stormwater entry to the sewerage system.
55. Street litter bins to a design approved by Council, shall be supplied and installed at
the developer’s expense at agreed locations.
56. Refuse chutes must be provided, in accordance with Council’s Policy for Refuse
Chutes and Accessories in Multi Storey Buildings.
57. Swimming pool or spa pumps are to be contained in an acoustically treated
enclosure or located in a manner which prevents a noise nuisance beyond the
subject land in accordance with the nuisance provisions of the Environmental
Protection Regulation 1998. On the spot fines apply for such offences.
58. Air conditioning units shall be located in a manner which prevents noise nuisance
beyond the subject land in accordance with the nuisance provisions of the
Environmental Protection Regulation 1998 and Council’s Local Law No. 12 -
Control of Nuisances. On the spot fines apply for such offences.
An occupier of premises where there is air-conditioning equipment must not use or
allow the use of the equipment -
57.1 before 7am or after 10pm on any day if it makes noise or causes
noise to be made of more than the higher of the following –
57.1.1 40 dB(A)
57.1.2 3 dB(A) above the background noise level
57.2 from 7am to 7pm on any day if it makes noise or causes noise to be made
of more than the lower of either of the following -
57.2.1.1 50 dB(A)
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57.2.2 5 dB(A) above the background noise level
57.3 from 7pm to 10pm on any day if it makes noise or causes noise to be
made of more than 3 dB(A) above the background noise level.
5 REFERRAL AGENCIES
Not Applicable
6 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
1. 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
2. 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:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
3. Prior to the commencement of the use, please contact Council's DA Planning
Section to arrange a Development Compliance Inspection.
Infrastructure Charges
4. This Development Permit will trigger an “Infrastructure Charge Notice” to be issued
in accordance with Council’s “Charges Resolution” made pursuant to the
Sustainable Planning Act 2009 and in conjunction with the State Planning
Regulatory Provision (Adopted Charges)
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Qualified Person
5. 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:
a. is a Registered Professional Engineer of Queensland (RPEQ); and
b. has a degree in civil engineering or engineering geology; and
c. has a minimum of 5 years experience in the field of geotechnical engineering
or engineering geology.
6. For the purpose of preparing a Fauna Management Plan, a qualified person is
considered to be an ecologist with a minimum of 3 years current experience in the
field of fauna assessment and management.
7 PROPERTY NOTES
Not Applicable
8 PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
9 FURTHER DEVELOPMENT PERMITS REQUIRED
• Development Permit for Building Work (All Building Work)
• Development Permit for Operational Works (Earthworks, Stormwater, Access and
Parking, Roadworks and Landscaping)
10 SELF ASSESSABLE CODES
Not Applicable
11 SUBMISSIONS
Not Applicable
12 REASONS/GROUNDS FOR APPROVAL
Not Applicable
13 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions
from the Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and
make written representations to Council about the conditions contained within the
development approval. If Council agrees or agrees in part with the representations, a
“negotiated decision notice” will be issued. Only one “negotiated decision notice” may be
given. Taking this step will defer your appeal period, which will commence again from
the start the day after you receive a “negotiated decision notice”. (Refer to Part 8
“Dealing with decision notices and approvals” - Division 1 “Changing decision notices
and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
14 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.
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Yours faithfully
Kerri Coyle
Manager, Planning & Environment
cc Unitywater
Enc: Infrastructure Charge Notice]
Approved Plans/Documents
Appeal Rights
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Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable Planning (4) The appeal must be started within 20 business days
Act 2009 (Chapter 7). (the submitter’s appeal period) after the decision
notice or negotiated decision notice is given to the
MATERIAL CHANGE OF USE, RECONFIGURING A submitter.
LOT & OPERATIONAL WORKS
463 Additional and extended appeal rights for
Division 8 Appeals to court relating to submitters for particular development
development applications and applications
approvals (1) This section applies to a development application to
which chapter 9, part 7 applies.
461 Appeals by applicants (2) A submitter of a properly made submission for the
(1) An applicant for a development application may application may appeal to the court about a referral
appeal to the court against any of the following— agency’s response made by a prescribed
(a) the refusal, or the refusal in part, of the concurrence agency for the application.
development application; (3) However, the submitter may only appeal against a
(b) any condition of a development approval, referral agency’s response to the extent it relates
another matter stated in a development to—
approval and the identification or inclusion of (a) if the prescribed concurrence agency is the
a code under section 242; chief executive (environment)—development for
(c) the decision to give a preliminary approval an aquacultural ERA; or
when a development permit was applied for; (b) if the prescribed concurrence agency is the
(d) the length of a period mentioned in section chief executive (fisheries)—development that
341; is—
(e) a deemed refusal of the development (i) a material change of use of premises for
application. aquaculture; or
(2) An appeal under subsection (1)(a), (b), (c) or (d) (ii) operational work that is the removal,
must be started within 20 business days (the damage or destruction of a marine plant.
applicant’s appeal period) after— (4) Despite section 462(1), the submitter may appeal
(a) if a decision notice or negotiated decision against the following matters for the application even
notice is given—the day the decision notice if the matters relate to code assessment—
or negotiated decision notice is given to the (a) a decision about a matter mentioned in section
applicant; or 462(2) if it is a decision of the chief executive
(b) otherwise—the day a decision notice was (fisheries);
required to be given to the applicant. (b) a referral agency’s response mentioned in
(3) An appeal under subsection (1)(e) may be started subsection (2).
at any time after the last day a decision on the
matter should have been made. 464 Appeals by advice agency submitters
(1) Subsection (2) applies if an advice agency, in its
462 Appeals by submitters—general response for an application, told the assessment
(1) A submitter for a development application may manager to treat the response as a properly made
appeal to the court only against— submission.
(a) the part of the approval relating to the (2) The advice agency may, within the limits of its
assessment manager’s decision about any jurisdiction, appeal to the court about—
part of the application requiring impact (a) any part of the approval relating to the
assessment under section 314; or assessment manager’s decision about any part
(b) the part of the approval relating to the of the application requiring impact assessment
assessment manager’s decision under under section 314; or
section 327. (b) any part of the approval relating to the
(2) To the extent an appeal may be made under assessment manager’s decision under section
subsection (1), the appeal may be against 1 or 327.
more of the following— (3) The appeal must be started within 20 business days
(a) the giving of a development approval; after the day the decision notice or negotiated
(b) any provision of the approval including— decision notice is given to the advice agency as a
(i) a condition of, or lack of condition for, submitter.
the approval; or (4) However, if the advice agency has given the
(ii) the length of a period mentioned in assessment manager a notice under section
section 341 for the approval. 339(1)(b)(ii), the advice agency may not appeal the
(3) However, a submitter may not appeal if the decision.
submitter—
(a) withdraws the submission before the 465 Appeals about decisions relating to extensions
application is decided; or for approvals
(b) has given the assessment manager a notice (1) For a development approval given for a development
under section 339(1)(b)(ii). application, a person to whom a notice is given under
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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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PO Box 141, Tewantin, QLD 4565
Phone (07) 5329 6500 Fax (07) 5329 6501
Email: [email protected] Website: www.noosa.qld.gov.au
ABN 97 969 214 121
INFRASTRUCTURE CHARGES NOTICE
To: CBD Settlers Cove Pty Ltd Infrastructure Charges Notice No: N1223
C/- Martoo Consulting Pty Ltd Revision: 0
PO Box 1684
NOOSA HEADS QLD 4567 Date of Issue: 20 June 2017
Notice is hereby given under the Sustainable Planning Act 2009 and the Local Government Act 2009
that the infrastructure charge notice is levied by the Noosa Shire Council on the described land.
DEVELOPMENT AND LAND TO WHICH THE INFRASTRUCTURE CHARGE APPLIES:
Development Approval Reference: MCU16/0143 (Stage 2)
14 Serenity Close Noosa Heads,
Land / Property Address:
NOOSA HEADS QLD 4567
Real Property Description: Lot 8 on SP 195871
INFRASTRUCTURE CHARGE LEVIED BY COUNCIL ISSUED UNDER:
x Noosa Shire Council Charges Resolution (No.2) 2014 (Amendment 1) (effective 28 October 2016)
*NET INFRASTRUCTURE CHARGE PAYABLE = $218,389.00
Current at: AICS 2016
* SUBJECT TO AUTOMATIC INCREASE PROVISION:
The net infrastructure charge amount payable is subject to automatic indexation to the time of making
payment. Indexation is applied using variations in the Consumer Price Index at the times applicable limited
to the “maximum amount” possible to be issued under the State Planning Regulatory Provision (adopted
charges) in accordance with the legislation at the time of issue and payment.
x The Council Infrastructure Charges calculation details are provided on page 3 of this notice.
NOTE:
x Separate Infrastructure Charges may be issued by Unitywater as applicable.
DATE FOR PAYMENT OF THE INFRASTRUCTURE CHARGE
Under the Sustainable Planning Act 2009, the Infrastructure Charge is to be paid to NOOSA COUNCIL
as follows:
DEVELOPMENT PERMIT TYPE DUE DATE FOR PAYMENT
When the change happens
Material Change of Use
(i.e. on completion of development &/or commencement of use)
CONTACT COUNCIL 5 days PRIOR TO MAKING PAYMENT FOR THE CURRENT AMOUNT DUE.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 1
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REFUND PROVISION:
Where the value of a “Trunk” Infrastructure Offset exceeds the Net Infrastructure Charge Payable, a refund
will be provided in accordance with Clause 12.4 of Council’s Resolution.
TERMS OF REFUND REFUND AMOUNT
Not Applicable $0.00
INFRASTRUCTURE CHARGES TAKEN TO BE A RATE:
Under the Sustainable Planning Act 2009 an infrastructure charge levied by a local government is, for
the purposes of recovery, taken to be a rate within the meaning of the Local Government Act 1993.
This means:
a. an adopted infrastructure charge may be recovered by court action for a debt;
b. an adopted infrastructure charge may be recovered from the person for the time being owning
the relevant land, regardless of who was the owner or other person upon whom the charges
was imposed;
c. Interest is payable on overdue payments; and
d. If charges are unpaid for 3 years, the land can be sold to recover the outstanding charges.
INTEREST ON OVERDUE CHARGES:
Compound interest at the rate of 11% per annum calculated daily is payable on all infrastructure
charges outstanding after the due date shown on this charges notice.
GOODS AND SERVICES TAX:
The federal government has determined that rates and utility charges levied by local government will
be GST free. Accordingly, no GST is included in this infrastructure charges notice.
INFRASTRUCTURE CHARGES ENQUIRIES:
x Phone (07) 5329 6211 or 5329 6449 during office hours; or
Enquiries regarding this infrastructure charges notice should be directed to Council’s office:
x E-mail: [email protected]
METHODS OF PAYMENT:
Cheque or money order to be made payable to: Noosa Council
Mail
PO Box 141, Tewantin, QLD 4565
Noosa Council, 9 Pelican Street, Tewantin
In Person
Office hours: 8.30 am to 4.30 pm Monday to Friday (excludes public holidays)
Mastercard or Visa only
Credit Card Note: All payments made by credit card will incur a 0.5% surcharge to reflect the
cost of fees charged for credit card transactions.
Payment by electronic transfer direct to Council’s Bank Account is only
Direct Bank Transfer available by special arrangement. Contact Infrastructure Enquiries at:
[email protected]
NOTES:
Nil
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INFRASTRUCTURE CHARGE CALCULATION DETAILS:
The infrastructure charge is calculated in accordance with Council’s Infrastructure Charges Resolution incorporating the charge apportionment (break-up) agreement with Unitywater in
compliance with the Sustainable Planning Act 2009 and Statutory Regulatory Provision (adopted charges) applying at the time of issuing the notice.
NOOSA SHIRE COUNCIL CHARGES RESOLUTION (No.2) 2014 (Amendment 1) (Effective 28 October 2016)
INFRASTRUCTURE CHARGE CALCULATION MCU16/0143 Base Date: 01-July-2014 29-July-2016
Colum n 7
Colum n 1
Use under The Noosa Plan
COUNCIL Council Charge Calculation (per AICS 2016)
CHARGE
Colum n 2 Colum n 3
Per Table 10.1 EXISTING NET CHARGE Indexed
Developm ent class Unit of m easure APPROVED
(Charges breakup) of Adopted
Defined use (QTY) CHARGEABLE AMOUNT CHARGE
Charge in Column 6 (QTY)
($ per unit of measure) (Credit) (QTY) $ AMOUNT $
Detached house (& Residential Lot Reconfiguration) Residential 3 or more bedroom dw elling unit (Lot) $16,800 1.0 -1.0 -$16,800 -$16,986.65
• Community Residence
3 or more bedroom dw elling unit $16,800 15 15 $252,000 $254,799.72
• Ancillary dw elling unit
&
Multiple housing Residential 2 bedroom dw elling unit $12,000 0 $0 $0.00
• Type 2 Duplex
• Type 4 Conventional
1 bedroom dw elling unit $7,800 0 $0 $0.00
• Type 5 Relocatable
Sub-Total, Residential = $235,200.00 $237,813.07
At AICS 2016
Base Date: 01-July-2014
29 July 2016
CALCULATED INFRASTRUCTURE CHARGE = $235,200.00 $237,813.00
Other $0.00 $0.00
Council Policy “Infrastructure Charges Rebates For Community
REDUCTIONS Rebate $0.00 $0.00
Organisations”
Trunk pathw ay constructed under 23118 DA Lot
Trunk Infrastructure Offset reconfiguration for 8 high density lots (conditions 124 to 127) $19,211.00 $19,424.00
*NET INFRASTRUCTURE CHARGE PAYABLE = $215,989.00 $218,389.00
ALLOCATION OF LEVIED CHARGE TO TRUNK INFRASTRUCTURE NETWORKS
The infrastructure charge payable will be allocated to Council “Trunk ” infrastructure network s in accordance with Council’s Resolution as follows:
Column 4 * Net * Net
Calculated
Allocation of Council infrastructure charge to trunk Reductions Infrastructure Infrastructure
Council “Trunk” Infrastructure Network Infrastructure Charge
infrastructure networks Charge Payable Charge Payable
(Table 10.2) (At Base Date:
(At Base Date: (At AICS 2016
Residential Development Non-Residential Development 1 July 2014) Other Rebate Offset 1 July 2014) 29 July 2016)
Transport (Charge Type: icA3trans) 40% 85% $94,080.00 $0.00 $0.00 $19,211.00 $74,869.00 $75,701.00
Public Parks & Land for Community Facilities
50% 15% $117,600.00 $0.00 $0.00 $0.00 $117,600.00 $118,907.00
(Charge Type: icA3parkCF )
Stormwater (Charge Type: icA3storm ) 10% 100% $23,520.00 $0.00 $0.00 $0.00 $23,520.00 $23,781.00
* Subject to Automatic Increase Provision until date of payment. *TOTALS = $235,200.00 $0.00 $0.00 $19,211.00 $215,989.00 $218,389.00
PO Box 141 P. (07) 5329 6500 [email protected]
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PO Box 141, Tewantin, QLD 4565
Phone (07) 5329 6500 Fax (07) 5329 6501
Email: [email protected] Website: www.noosa.qld.gov.au
ABN 97 969 214 121
INFRASTRUCTURE CHARGES INFORMATION NOTICE
1. PRELIMINARY
Infrastructure charges are triggered and issued on development approvals as a contribution towards the cost
of "trunk" infrastructure provided to service development.
For development approved prior to 1 July 2011, infrastructure contributions and (ICP) charges continue to
apply in accordance with the development approval conditions and or infrastructure charge notices (ICP) issued
under legislation current at the time those approvals & charge notices were issued.
For development approved from 1 July 2011, adopted infrastructure charges are governed by local
government adopted infrastructure charges resolutions in accordance with the "Sustainable Planning Act 2009
(SPA)" and “State Planning Regulatory Provision (adopted charges) (SPRP)”.
The Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014 introduced
further amendments to SPA that commenced to apply for developments approved from 4 July 2014.
From 1 July 2014, Infrastructure Charges Notices are issued separately by both Council and Unitywater
relating to their specified “Trunk” infrastructure networks. All payments (including contributions & charges
previously issued) are also payable separately to Council and Unitywater respectfully.
2. THE DECISION AND REASONS FOR IT
The Sustainable Planning Act 2009 (as amended), provides for the following:
(1) Authorises local governments to do the following for development approvals:
(a) for trunk infrastructure, either or both of the following—
(i) adopt, by resolution, charges for development infrastructure and levy charges in accordance with
the resolution;
(ii) impose particular conditions about development infrastructure;
(b) for non-trunk infrastructure, impose particular conditions about development infrastructure; and
(2) Provides for a State planning regulatory provision to govern local government adopted charges and charges
by distributor-retailers under the SEQ Water Act for trunk infrastructure.
On 6 February 2014, Noosa Council adopted the "Noosa Shire Council Adopted Infrastructure Charges
Resolution (No.1) 2014" to replace the "Sunshine Coast Regional Council Adopted Infrastructure Charges
Resolution (No.4) 2011" that translated across to Noosa Council on 1 January 2014. The resolution has effect
on development approvals and charge notices issued from 6th February 2014 to 15 February 2015 in
accordance with the legislation current at the time of issue.
On 12 February 2015, Noosa Council adopted the "Noosa Shire Council Charges Resolution (No.2) 2014" to
replace the "Noosa Shire Council Adopted Infrastructure Charges Resolution (No.1) 2014" to include legislative
amendments that commenced on 4 June 2014. The resolution has effect on development approvals and charge
notices issued from 16th February 2015 to 27 October 2016 in accordance with the legislation current at
the time of issue.
On 20 October 2016, Noosa Council adopted the "Noosa Shire Council Charges Resolution (No.2) 2014
(Amendment 1)" to reflect adopted amendments made to the planning scheme. The resolution has effect on
development approvals and charge notices issued from 28th October 2016 in accordance with the legislation
current at the time of issue.
3. INFRASTRUCTURE CHARGE NOTICES
3.1 TRIGGERS FOR INFRASTRUCTUE CHARGES & ISSUING OF NOTICES
The triggers for issuing infrastructure charges are defined in the SPA and SPRP and are generally triggered
by the issue of a development permit for either:
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(1) Reconfiguration of a lot; or
(2) Material Change of Use of Premises; or
(3) Building Works issued by a Private Certifier.
Under the SPA, infrastructure charges are not imposed by condition on a development permit - they are an
action that follows the issue of a permit. So consequently, charges may be imposed in cases where a
development permit for a lot reconfiguration or material change of use of premises has previously been
granted, but a development permit for building works is yet to issue.
3.2 DUE DATE FOR PAYMENT OF INFRASTRUCTUE CHARGES (SPA SECTION 638)
(1) A levied charge becomes payable—
(a) if the charge applies for reconfiguring a lot—when the local government that levied the charge
approves the plan of subdivision for the reconfiguration; or
(b) if the charge applies for building work—when the certificate of classification or final inspection
certificate for the building work is given; or
(c) if the charge applies for a material change of use—when the change happens; or
(d) if the charge applies for other development—on the day stated in the infrastructure charges notice
under which the charge was levied.
(2) This section is subject to section 639.
3.3 EFFECT OF CHARGES NOTICE (INFRASTRUCTURE CHARGES TAKEN TO BE A RATE)
An infrastructure charge levied by a local government is, for the purposes of recovery, taken to be a rate
within the meaning of the Local Government Act 1993. This means:
(1) an infrastructure charge may be recovered by court action for a debt;
(2) an infrastructure charge may be recovered from the person for the time being owning the relevant land,
regardless of who was the owner or other person upon whom the charges was imposed;
(3) INTEREST IS PAYABLE on overdue payments; and
(4) if charges are unpaid for 3 years, THE LAND CAN BE SOLD to recover the outstanding charges.
3.4 INTEREST ON OVERDUE INFRASTRUCTURE CHARGES
Compound interest at the rate of 11% per annum calculated daily is payable on all overdue infrastructure
charges outstanding after the due date for payment as applying to the infrastructure charges notice.
3.5 GOODS AND SERVICES TAX
The federal government has determined that rates and utility charges levied by local government will be
GST free. Accordingly, no GST is included in this infrastructure charges notice.
4. APPEALS ABOUT INFRASTRUCTURE CHARGES NOTICE
Prior to making an appeal about an infrastructure charge notice, the recipient must first make
representations to the infrastructure charges notice in accordance with SPA sections 640 to 644.
4.1 APPEALS ABOUT INFRASTRUCTURE CHARGES NOTICE (SPA SECTION 478)
(1) The recipient of an infrastructure charges notice may appeal to the court about the decision to give the
notice.
(2) However, the appeal may be made only on 1 or more of the following grounds—
(a) the charge in the notice is so unreasonable that no reasonable relevant local government could have
imposed it;
(b) the decision involved an error relating to—
(i) the application of the relevant adopted charge; or
(ii) the working out, for section 636, of additional demand; or
(iii) an offset or refund;
(c) there was no decision about an offset or refund;
(d) if the infrastructure charges notice states a refund will be given—the timing for giving the refund.
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(3) To remove any doubt, it is declared that the appeal must not be about—
(a) the adopted charge itself; or
(b) for a decision about an offset or refund—
(i) the establishment cost of infrastructure identified in an LGIP; or
(ii) the cost of infrastructure decided using the method included in the locaOJRYHUQPHQW·VFKDUJHV
resolution.
(4) The appeal must be started within 20 business days after the day the recipient is given the relevant
infrastructure charges notice.
4.1 HOW APPEALS TO THE COURT ARE STARTED (SPA SECTION 481)
(1) An appeal is started by lodging written notice of appeal with the registrar of the court.
(2) The notice of appeal must state the grounds of the appeal.
(3) The person starting the appeal must also comply with the rules of the court applying to the appeal.
(4) However, the court may hear and decide an appeal even if the person has not complied with subsection
(3).
4.2 APPEALS ABOUT INFRASTRUCTURE CHARGES DECISIONS (SPA SECTION 535)
(1) The recipient of an infrastructure charges notice may appeal to a building and development committee
about the decision to give the notice.
(2) However, the appeal may be made only on 1 or more of the following grounds—
(a) the decision involved an error relating to—
(i) the application of the relevant adopted charge; or
(ii) the working out, for section 636, of additional demand; or
(iii) an offset or refund;
(b) there was no decision about an offset or refund;
(c) if the infrastructure charges notice states a refund will be given—the timing for giving the refund.
(3) To remove any doubt, it is declared that the appeal must not be about—
(a) the adopted charge itself; or
(b) for a decision about an offset or refund—
(i) the establishment cost of infrastructure in an LGIP; or
(ii) the cost of infrastructure decided using thHPHWKRGLQFOXGHGLQWKHORFDOJRYHUQPHQW·VFKDUJHV
resolution.
(4) The appeal must be started within 20 business days after the day the recipient is given the
relevant infrastructure charges notice.
4.3 HOW APPEALS TO COMMITTEES ARE STARTED (SPA SECTION 536)
(1) A person starts an appeal by lodging written notice of appeal, in the approved form, with the registrar
of building development committees.
(2) The notice of appeal must state the grounds of the appeal and be accompanied by the fee prescribed
under a regulation.
5. INFRASTRUCTURE CHARGES ENQUIRIES
Infrastructure charges enquiries should be directed to the appropriate entity as follows:
(1) Council Infrastructure Charges enquiries should be directed to 1RRVD&RXQFLO·VRIILFH:
Phone: (07) 5329 6211 or 5329 6449 during office hours; or
E-mail: [email protected]
(2) Unitywater Infrastructure Charges enquiries should be directed to 8QLW\ZDWHU·VRIILFH:
Phone: 1300 086 489 or (07) 5431 8333 during office hours; or
E-mail: [email protected]
PO Box 141 P. (07) 5329 6500 [email protected]
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(3)
(4)
To remove any doubt, it is declared that the appeal must not be about—
(a) the adopted charge itself; or
(b) for a decision about an offset or refund—
(i) the establishment cost of infrastructure identified in an LGIP; or
(ii) the cost of infrastructure decided using the method included in the local government's charges
resolution.
The appeal must be started within 20 business days after the day the recipient is given the relevant
infrastructure charges notice.
4.1
HOW APPEALS TO THE COURT ARE STARTED (SPA SECTION 481)
(1)
(2)
(3)
(4)
An appeal is started by lodging written notice of appeal with the registrar of the court.
The notice of appeal must state the grounds of the appeal.
The person starting the appeal must also comply with the rules of the court applying to the appeal.
However, the court may hear and decide an appeal even if the person has not complied with subsection
(3).
4.2
APPEALS ABOUT INFRASTRUCTURE CHARGES DECISIONS (SPA SECTION 535)
(1)
(2)
(3)
(4)
The recipient of an infrastructure charges notice may appeal to a building and development committee
about the decision to give the notice.
However, the appeal may be made only on 1 or more of the following grounds—
(a) the decision involved an error relating to—
(i) the application of the relevant adopted charge; or
(ii) the working out, for section 636, of additional demand; or
(iii) an offset or refund;
(b) there was no decision about an offset or refund;
(c) if the infrastructure charges notice states a refund will be given—the timing for giving the refund.
To remove any doubt, it is declared that the appeal must not be about—
(a) the adopted charge itself; or
(b) for a decision about an offset or refund—
(i) the establishment cost of infrastructure in an LGIP; or
(ii) the cost of infrastructure decided using the method included in the local government's charges
resolution.
The appeal must be started within 20 business days after the day the recipient is given the
relevant infrastructure charges notice.
4.3
HOW APPEALS TO COMMITTEES ARE STARTED (SPA SECTION 536)
(1)
(2)
5. INFRASTRUCTURE CHARGES ENQUIRIES
A person starts an appeal by lodging written notice of appeal, in the approved form, with the registrar
of building development committees.
The notice of appeal must state the grounds of the appeal and be accompanied by the fee prescribed
under a regulation.
Infrastructure charges enquiries should be directed to the appropriate entity as follows:
(1)
(2)
Council Infrastructure Charges enquiries should be directed to Noosa Council's office:
Phone: (07) 5329 6211 or 5329 6449 during office hours; or
E-mail: [email protected]
Unitywater Infrastructure Charges enquiries should be directed to Unitywater's office:
Phone: 1300 086 489 or (07) 5431 8333 during office hours; or
E-mail: [email protected]
Wynne OY INI PO Box 141 P. (07) 5329 6500 [email protected]
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PO Box 141, Tewantin, QLD 4565
Phone (07) 5329 6500 Fax (07) 5329 6501
Email: [email protected] Website: www.noosa.qld.gov.au
ABN 97 969 214 121
INFRASTRUCTURE CHARGES NOTICE
To: CBD Settlers Cove Pty Ltd Infrastructure Charges Notice No: N1222
C/- Martoo Consulting Pty Ltd Revision: 0
PO Box 1684
NOOSA HEADS QLD 4567 Date of Issue: 20 June 2017
Notice is hereby given under the Sustainable Planning Act 2009 and the Local Government Act 2009
that the infrastructure charge notice is levied by the Noosa Shire Council on the described land.
DEVELOPMENT AND LAND TO WHICH THE INFRASTRUCTURE CHARGE APPLIES:
Development Approval Reference: MCU16/0143 (Stage 1)
12 Serenity Close Noosa Heads,
Land / Property Address:
NOOSA HEADS QLD 4567
Real Property Description: Lot 7 on SP 195871
INFRASTRUCTURE CHARGE LEVIED BY COUNCIL ISSUED UNDER:
x Noosa Shire Council Charges Resolution (No.2) 2014 (Amendment 1) (effective 28 October 2016)
*NET INFRASTRUCTURE CHARGE PAYABLE = $339,944.00
Current at: AICS 2016
* SUBJECT TO AUTOMATIC INCREASE PROVISION:
The net infrastructure charge amount payable is subject to automatic indexation to the time of making
payment. Indexation is applied using variations in the Consumer Price Index at the times applicable limited
to the “maximum amount” possible to be issued under the State Planning Regulatory Provision (adopted
charges) in accordance with the legislation at the time of issue and payment.
x The Council Infrastructure Charges calculation details are provided on page 3 of this notice.
NOTE:
x Separate Infrastructure Charges may be issued by Unitywater as applicable.
DATE FOR PAYMENT OF THE INFRASTRUCTURE CHARGE
Under the Sustainable Planning Act 2009, the Infrastructure Charge is to be paid to NOOSA COUNCIL
as follows:
DEVELOPMENT PERMIT TYPE DUE DATE FOR PAYMENT
When the change happens
Material Change of Use
(i.e. on completion of development &/or commencement of use)
CONTACT COUNCIL 5 days PRIOR TO MAKING PAYMENT FOR THE CURRENT AMOUNT DUE.
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REFUND PROVISION:
Where the value of a “Trunk” Infrastructure Offset exceeds the Net Infrastructure Charge Payable, a refund
will be provided in accordance with Clause 12.4 of Council’s Resolution.
TERMS OF REFUND REFUND AMOUNT
Not Applicable $0.00
INFRASTRUCTURE CHARGES TAKEN TO BE A RATE:
Under the Sustainable Planning Act 2009 an infrastructure charge levied by a local government is, for
the purposes of recovery, taken to be a rate within the meaning of the Local Government Act 1993.
This means:
a. an adopted infrastructure charge may be recovered by court action for a debt;
b. an adopted infrastructure charge may be recovered from the person for the time being owning
the relevant land, regardless of who was the owner or other person upon whom the charges
was imposed;
c. Interest is payable on overdue payments; and
d. If charges are unpaid for 3 years, the land can be sold to recover the outstanding charges.
INTEREST ON OVERDUE CHARGES:
Compound interest at the rate of 11% per annum calculated daily is payable on all infrastructure
charges outstanding after the due date shown on this charges notice.
GOODS AND SERVICES TAX:
The federal government has determined that rates and utility charges levied by local government will
be GST free. Accordingly, no GST is included in this infrastructure charges notice.
INFRASTRUCTURE CHARGES ENQUIRIES:
x Phone (07) 5329 6211 or 5329 6449 during office hours; or
Enquiries regarding this infrastructure charges notice should be directed to Council’s office:
x E-mail: [email protected]
METHODS OF PAYMENT:
Cheque or money order to be made payable to: Noosa Council
Mail
PO Box 141, Tewantin, QLD 4565
Noosa Council, 9 Pelican Street, Tewantin
In Person
Office hours: 8.30 am to 4.30 pm Monday to Friday (excludes public holidays)
Mastercard or Visa only
Credit Card Note: All payments made by credit card will incur a 0.5% surcharge to reflect the
cost of fees charged for credit card transactions.
Payment by electronic transfer direct to Council’s Bank Account is only
Direct Bank Transfer available by special arrangement. Contact Infrastructure Enquiries at:
[email protected]
NOTES:
Nil
PO Box 141 P. (07) 5329 6500 [email protected]
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INFRASTRUCTURE CHARGE CALCULATION DETAILS:
The infrastructure charge is calculated in accordance with Council’s Infrastructure Charges Resolution incorporating the charge apportionment (break-up) agreement with Unitywater in
compliance with the Sustainable Planning Act 2009 and Statutory Regulatory Provision (adopted charges) applying at the time of issuing the notice.
NOOSA SHIRE COUNCIL CHARGES RESOLUTION (No.2) 2014 (Amendment 1) (Effective 28 October 2016)
INFRASTRUCTURE CHARGE CALCULATION MCU16/0143 Base Date: 01-July-2014 29-July-2016
Colum n 7
Colum n 1
Use under The Noosa Plan
COUNCIL Council Charge Calculation (per AICS 2016)
CHARGE
Colum n 2 Colum n 3
Per Table 10.1 EXISTING NET CHARGE Indexed
Developm ent class Unit of m easure APPROVED
(Charges breakup) of Adopted
Defined use (QTY) CHARGEABLE AMOUNT CHARGE
Charge in Column 6 (QTY)
($ per unit of measure) (Credit) (QTY) $ AMOUNT $
Detached house (& Residential Lot Reconfiguration) Residential 3 or more bedroom dw elling unit (Lot) $16,800 1.0 -1.0 -$16,800 -$16,986.65
• Community Residence
3 or more bedroom dw elling unit $16,800 22 22 $369,600 $373,706.26
• Ancillary dw elling unit
&
Multiple housing Residential 2 bedroom dw elling unit $12,000 0 $0 $0.00
• Type 2 Duplex
• Type 4 Conventional
1 bedroom dw elling unit $7,800 0 $0 $0.00
• Type 5 Relocatable
Sub-Total, Residential = $352,800.00 $356,719.61
At AICS 2016
Base Date: 01-July-2014
29 July 2016
CALCULATED INFRASTRUCTURE CHARGE = $352,800.00 $356,719.00
Other $0.00 $0.00
Council Policy “Infrastructure Charges Rebates For Community
REDUCTIONS Rebate $0.00 $0.00
Organisations”
Trunk pathw ay constructed under 23118 DA Lot
Trunk Infrastructure Offset reconfiguration for 8 high density lots (conditions 124 to 127) $16,591.00 $16,775.00
*NET INFRASTRUCTURE CHARGE PAYABLE = $336,209.00 $339,944.00
ALLOCATION OF LEVIED CHARGE TO TRUNK INFRASTRUCTURE NETWORKS
The infrastructure charge payable will be allocated to Council “Trunk ” infrastructure network s in accordance with Council’s Resolution as follows:
Column 4 * Net * Net
Calculated
Allocation of Council infrastructure charge to trunk Reductions Infrastructure Infrastructure
Council “Trunk” Infrastructure Network Infrastructure Charge
infrastructure networks Charge Payable Charge Payable
(Table 10.2) (At Base Date:
(At Base Date: (At AICS 2016
Residential Development Non-Residential Development 1 July 2014) Other Rebate Offset 1 July 2014) 29 July 2016)
Transport (Charge Type: icA3trans) 40% 85% $141,120.00 $0.00 $0.00 $16,591.00 $124,529.00 $125,912.00
Public Parks & Land for Community Facilities
50% 15% $176,400.00 $0.00 $0.00 $0.00 $176,400.00 $178,360.00
(Charge Type: icA3parkCF )
Stormwater (Charge Type: icA3storm ) 10% 100% $35,280.00 $0.00 $0.00 $0.00 $35,280.00 $35,672.00
* Subject to Automatic Increase Provision until date of payment. *TOTALS = $352,800.00 $0.00 $0.00 $16,591.00 $336,209.00 $339,944.00
PO Box 141 P. (07) 5329 6500 [email protected]
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PO Box 141, Tewantin, QLD 4565
Phone (07) 5329 6500 Fax (07) 5329 6501
Email: [email protected] Website: www.noosa.qld.gov.au
ABN 97 969 214 121
INFRASTRUCTURE CHARGES INFORMATION NOTICE
1. PRELIMINARY
Infrastructure charges are triggered and issued on development approvals as a contribution towards the cost
of "trunk" infrastructure provided to service development.
For development approved prior to 1 July 2011, infrastructure contributions and (ICP) charges continue to
apply in accordance with the development approval conditions and or infrastructure charge notices (ICP) issued
under legislation current at the time those approvals & charge notices were issued.
For development approved from 1 July 2011, adopted infrastructure charges are governed by local
government adopted infrastructure charges resolutions in accordance with the "Sustainable Planning Act 2009
(SPA)" and “State Planning Regulatory Provision (adopted charges) (SPRP)”.
The Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014 introduced
further amendments to SPA that commenced to apply for developments approved from 4 July 2014.
From 1 July 2014, Infrastructure Charges Notices are issued separately by both Council and Unitywater
relating to their specified “Trunk” infrastructure networks. All payments (including contributions & charges
previously issued) are also payable separately to Council and Unitywater respectfully.
2. THE DECISION AND REASONS FOR IT
The Sustainable Planning Act 2009 (as amended), provides for the following:
(1) Authorises local governments to do the following for development approvals:
(a) for trunk infrastructure, either or both of the following—
(i) adopt, by resolution, charges for development infrastructure and levy charges in accordance with
the resolution;
(ii) impose particular conditions about development infrastructure;
(b) for non-trunk infrastructure, impose particular conditions about development infrastructure; and
(2) Provides for a State planning regulatory provision to govern local government adopted charges and charges
by distributor-retailers under the SEQ Water Act for trunk infrastructure.
On 6 February 2014, Noosa Council adopted the "Noosa Shire Council Adopted Infrastructure Charges
Resolution (No.1) 2014" to replace the "Sunshine Coast Regional Council Adopted Infrastructure Charges
Resolution (No.4) 2011" that translated across to Noosa Council on 1 January 2014. The resolution has effect
on development approvals and charge notices issued from 6th February 2014 to 15 February 2015 in
accordance with the legislation current at the time of issue.
On 12 February 2015, Noosa Council adopted the "Noosa Shire Council Charges Resolution (No.2) 2014" to
replace the "Noosa Shire Council Adopted Infrastructure Charges Resolution (No.1) 2014" to include legislative
amendments that commenced on 4 June 2014. The resolution has effect on development approvals and charge
notices issued from 16th February 2015 to 27 October 2016 in accordance with the legislation current at
the time of issue.
On 20 October 2016, Noosa Council adopted the "Noosa Shire Council Charges Resolution (No.2) 2014
(Amendment 1)" to reflect adopted amendments made to the planning scheme. The resolution has effect on
development approvals and charge notices issued from 28th October 2016 in accordance with the legislation
current at the time of issue.
3. INFRASTRUCTURE CHARGE NOTICES
3.1 TRIGGERS FOR INFRASTRUCTUE CHARGES & ISSUING OF NOTICES
The triggers for issuing infrastructure charges are defined in the SPA and SPRP and are generally triggered
by the issue of a development permit for either:
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(1) Reconfiguration of a lot; or
(2) Material Change of Use of Premises; or
(3) Building Works issued by a Private Certifier.
Under the SPA, infrastructure charges are not imposed by condition on a development permit - they are an
action that follows the issue of a permit. So consequently, charges may be imposed in cases where a
development permit for a lot reconfiguration or material change of use of premises has previously been
granted, but a development permit for building works is yet to issue.
3.2 DUE DATE FOR PAYMENT OF INFRASTRUCTUE CHARGES (SPA SECTION 638)
(1) A levied charge becomes payable—
(a) if the charge applies for reconfiguring a lot—when the local government that levied the charge
approves the plan of subdivision for the reconfiguration; or
(b) if the charge applies for building work—when the certificate of classification or final inspection
certificate for the building work is given; or
(c) if the charge applies for a material change of use—when the change happens; or
(d) if the charge applies for other development—on the day stated in the infrastructure charges notice
under which the charge was levied.
(2) This section is subject to section 639.
3.3 EFFECT OF CHARGES NOTICE (INFRASTRUCTURE CHARGES TAKEN TO BE A RATE)
An infrastructure charge levied by a local government is, for the purposes of recovery, taken to be a rate
within the meaning of the Local Government Act 1993. This means:
(1) an infrastructure charge may be recovered by court action for a debt;
(2) an infrastructure charge may be recovered from the person for the time being owning the relevant land,
regardless of who was the owner or other person upon whom the charges was imposed;
(3) INTEREST IS PAYABLE on overdue payments; and
(4) if charges are unpaid for 3 years, THE LAND CAN BE SOLD to recover the outstanding charges.
3.4 INTEREST ON OVERDUE INFRASTRUCTURE CHARGES
Compound interest at the rate of 11% per annum calculated daily is payable on all overdue infrastructure
charges outstanding after the due date for payment as applying to the infrastructure charges notice.
3.5 GOODS AND SERVICES TAX
The federal government has determined that rates and utility charges levied by local government will be
GST free. Accordingly, no GST is included in this infrastructure charges notice.
4. APPEALS ABOUT INFRASTRUCTURE CHARGES NOTICE
Prior to making an appeal about an infrastructure charge notice, the recipient must first make
representations to the infrastructure charges notice in accordance with SPA sections 640 to 644.
4.1 APPEALS ABOUT INFRASTRUCTURE CHARGES NOTICE (SPA SECTION 478)
(1) The recipient of an infrastructure charges notice may appeal to the court about the decision to give the
notice.
(2) However, the appeal may be made only on 1 or more of the following grounds—
(a) the charge in the notice is so unreasonable that no reasonable relevant local government could have
imposed it;
(b) the decision involved an error relating to—
(i) the application of the relevant adopted charge; or
(ii) the working out, for section 636, of additional demand; or
(iii) an offset or refund;
(c) there was no decision about an offset or refund;
(d) if the infrastructure charges notice states a refund will be given—the timing for giving the refund.
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(3) To remove any doubt, it is declared that the appeal must not be about—
(a) the adopted charge itself; or
(b) for a decision about an offset or refund—
(i) the establishment cost of infrastructure identified in an LGIP; or
(ii) the cost of infrastructure decided using the method included in the locaOJRYHUQPHQW·VFKDUJHV
resolution.
(4) The appeal must be started within 20 business days after the day the recipient is given the relevant
infrastructure charges notice.
4.1 HOW APPEALS TO THE COURT ARE STARTED (SPA SECTION 481)
(1) An appeal is started by lodging written notice of appeal with the registrar of the court.
(2) The notice of appeal must state the grounds of the appeal.
(3) The person starting the appeal must also comply with the rules of the court applying to the appeal.
(4) However, the court may hear and decide an appeal even if the person has not complied with subsection
(3).
4.2 APPEALS ABOUT INFRASTRUCTURE CHARGES DECISIONS (SPA SECTION 535)
(1) The recipient of an infrastructure charges notice may appeal to a building and development committee
about the decision to give the notice.
(2) However, the appeal may be made only on 1 or more of the following grounds—
(a) the decision involved an error relating to—
(i) the application of the relevant adopted charge; or
(ii) the working out, for section 636, of additional demand; or
(iii) an offset or refund;
(b) there was no decision about an offset or refund;
(c) if the infrastructure charges notice states a refund will be given—the timing for giving the refund.
(3) To remove any doubt, it is declared that the appeal must not be about—
(a) the adopted charge itself; or
(b) for a decision about an offset or refund—
(i) the establishment cost of infrastructure in an LGIP; or
(ii) the cost of infrastructure decided using thHPHWKRGLQFOXGHGLQWKHORFDOJRYHUQPHQW·VFKDUJHV
resolution.
(4) The appeal must be started within 20 business days after the day the recipient is given the
relevant infrastructure charges notice.
4.3 HOW APPEALS TO COMMITTEES ARE STARTED (SPA SECTION 536)
(1) A person starts an appeal by lodging written notice of appeal, in the approved form, with the registrar
of building development committees.
(2) The notice of appeal must state the grounds of the appeal and be accompanied by the fee prescribed
under a regulation.
5. INFRASTRUCTURE CHARGES ENQUIRIES
Infrastructure charges enquiries should be directed to the appropriate entity as follows:
(1) Council Infrastructure Charges enquiries should be directed to 1RRVD&RXQFLO·VRIILFH:
Phone: (07) 5329 6211 or 5329 6449 during office hours; or
E-mail: [email protected]
(2) Unitywater Infrastructure Charges enquiries should be directed to 8QLW\ZDWHU·VRIILFH:
Phone: 1300 086 489 or (07) 5431 8333 during office hours; or
E-mail: [email protected]
PO Box 141 P. (07) 5329 6500 [email protected]
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(3)
(4)
To remove any doubt, it is declared that the appeal must not be about—
(a) the adopted charge itself; or
(b) for a decision about an offset or refund—
(i) the establishment cost of infrastructure identified in an LGIP; or
(ii) the cost of infrastructure decided using the method included in the local government's charges
resolution.
The appeal must be started within 20 business days after the day the recipient is given the relevant
infrastructure charges notice.
4.1
HOW APPEALS TO THE COURT ARE STARTED (SPA SECTION 481)
(1)
(2)
(3)
(4)
An appeal is started by lodging written notice of appeal with the registrar of the court.
The notice of appeal must state the grounds of the appeal.
The person starting the appeal must also comply with the rules of the court applying to the appeal.
However, the court may hear and decide an appeal even if the person has not complied with subsection
(3).
4.2
APPEALS ABOUT INFRASTRUCTURE CHARGES DECISIONS (SPA SECTION 535)
(1)
(2)
(3)
(4)
The recipient of an infrastructure charges notice may appeal to a building and development committee
about the decision to give the notice.
However, the appeal may be made only on 1 or more of the following grounds—
(a) the decision involved an error relating to—
(i) the application of the relevant adopted charge; or
(ii) the working out, for section 636, of additional demand; or
(iii) an offset or refund;
(b) there was no decision about an offset or refund;
(c) if the infrastructure charges notice states a refund will be given—the timing for giving the refund.
To remove any doubt, it is declared that the appeal must not be about—
(a) the adopted charge itself; or
(b) for a decision about an offset or refund—
(i) the establishment cost of infrastructure in an LGIP; or
(ii) the cost of infrastructure decided using the method included in the local government's charges
resolution.
The appeal must be started within 20 business days after the day the recipient is given the
relevant infrastructure charges notice.
4.3
HOW APPEALS TO COMMITTEES ARE STARTED (SPA SECTION 536)
(1)
(2)
5. INFRASTRUCTURE CHARGES ENQUIRIES
A person starts an appeal by lodging written notice of appeal, in the approved form, with the registrar
of building development committees.
The notice of appeal must state the grounds of the appeal and be accompanied by the fee prescribed
under a regulation.
Infrastructure charges enquiries should be directed to the appropriate entity as follows:
(1)
(2)
Council Infrastructure Charges enquiries should be directed to Noosa Council's office:
Phone: (07) 5329 6211 or 5329 6449 during office hours; or
E-mail: [email protected]
Unitywater Infrastructure Charges enquiries should be directed to Unitywater's office:
Phone: 1300 086 489 or (07) 5431 8333 during office hours; or
E-mail: [email protected]
Wynne OY INI PO Box 141 P. (07) 5329 6500 [email protected]
NOOSA C OU N C IL TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qid.gov.au ICN - Page 6
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