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Attachment F - Previous Extension to Currency Period 3-11-20
Officer: Glen Conforti
Direct Telephone: 07 53296241
Our Reference: REC14/0005.03
Your Reference: PE102995-10
3 November 2020
Bunnings Properties Pty Ltd
C/- RPS
PO Box 1559
FORTITUDE VALLEY QLD 4006
[email protected]
Dear Sir
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 26 August 2020 and 18 September 2020, requesting a minor
change and extension to currency period, to an existing development approval. Council decided
your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: REC14/0005.02 & REC14/0005.03
Street address: 178 Eumundi Noosa Rd Noosaville Qld 4566
Real property description: Lot 101 SP 241371
Planning Scheme: Noosa Plan 2020 (31 July 2020)
2. DECISION DETAILS
The following type of approval was issued on 4 July 2014
• Development Permit for Reconfiguration of a Lot (1 Lot into 2 Lots)
In relation to the request to make a minor change to the existing approval, Council on 29 October
2020, decided to approve the requested changes. The changes are detailed below.
A. Approve the extension to the currency period and amend Item 3
B. Agree to change condition 2
3. CURRENCY PERIOD OF APPROVAL
The currency period ends for this development approval on 25 March 2023 (including 6 months
for an applicable event under section 275R of the Planning Act 2016).
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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4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When conditions must be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision Notice must be
completed prior to submission of the subdivision plan to Council for compliance assessment
Approved Plans
2. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the following table unless otherwise amended by these
conditions.
Plan No. Rev. Plan/Document Name Date
102995-151 A Proposed Subdivision over Lot 101 on 16 Sept 2020
SP279285
3. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
Boundary Encroachments
4. Certification must be submitted to Council from a Licensed Surveyor which certifies that:
(a) the boundary clearances for any existing buildings remaining on the site comply with
the relevant provisions of the planning scheme and the Building Act 1975, unless varied
by this Decision Notice
(b) all constructed access and roadworks (including associated fill batters and retaining
walls) are fully contained within a dedicated reserve or registered easement
(c) all existing and proposed utility services and connections (eg. electricity,
telecommunications, water, sewerage) are wholly located within the lot they serve, or
alternatively included within an easement where location within the lot is not possible
(d) deleted
(e) all dams (including ponded water, dam walls and associated spillway structures) are
wholly located within the boundaries of a single lot
(f) all retaining walls and structures are fully contained within the lot they retain
(g) any fill, including fill batters, are wholly contained within the subject site and not on
adjacent properties
(h) deleted.
Landscaping
5. Native street trees shall be established at 10 metre centres within the footpath reserve along
the frontage of Lot 103 and shall have a minimum pot size of 45 litres.
Vegetation Clearing
6. Vegetation clearing is not authorised by this approval and shall only be undertaken in
association with an appropriate development approval.
ENGINEERING
External Works
7. Gateway Drive must be upgraded for the length of its frontage to the subject site. The works
must be undertaken in accordance with an Operational Works approval and must include in
particular the construction of a pedestrian footpath in accordance with the conditions of this
Decision Notice. This condition is imposed pursuant to s665 of the Sustainable Planning Act
2009 being non-trunk infrastructure.
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Pedestrian and Bicycle Facilities
8. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in particular
a 2 metre wide footpath within the road verge extending from the end of the existing pathway
in Gateway Drive to the northern boundary of proposed Lot 103. This condition is imposed
pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
Stormwater Drainage
9. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
(a) A connection point for the future development of proposed Lot 103 to the existing
stormwater drainage system
(b) The retention of the existing overland flowpath that conveys stormwater runoff from the
adjoining property (Lot 26 SP151406) through proposed Lot 103. The flows must be
contained and conveyed wholly within a combined drainage solution consisting of
underground drainage, capable of accommodating flows up to a Q10 event, and a
landscaped and suitably stabilised (rock lined or other engineered alternative) open
drain. The design of the drain must be sufficient to include all design storm events up
to and including the 1%AEP event of critical duration. Design calculations (that include
at a minimum depth of flow and velocity) and certification by a suitably qualified RPEQ
demonstrating the above must be submitted as part of the operational works
application
(c) Additional elements in the design of the open drain (localised bunding etc) that allows
stormwater flows from the minor storm event to enter the existing piped system and
ensure that velocities (generated in both the major and minor events) are in accordance
with the safety guidelines recommended in QUDM.
Electricity and Telecommunication Services
10. Underground reticulated electricity and telecommunication services must be provided to
each lot in accordance with an approval for Operational Works and the standards and
requirements of the relevant service provider.
11. 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.
12. 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
13. A drainage easement must be created within proposed Lot 103. The easement must be:
(a) Of sufficient width (approximately 4.5m) to encompass all elements of the combined
underground pipe and open drain solution (underground pipe (Q10 flows), batters,
bunds, etc. and a 1.5m maintenance track),
(b) In favour of Lot 26 SP151406 to connect to a legal point of discharge as defined in
QUDM.
(c) Alignment of the underground pipe, open drain, and easement is to be determined
through operational works application (as per condition 9(b) above).
14. A drainage easement must be created within proposed Lot 101. The easement must be:
(a) In favour of Lot 26 SP151406 and proposed Lot 103,
(b) Centrally located over the existing piped drainage system connecting proposed Lot 103
and Lot 26 SP151406 to the existing stormwater discharge point in Gateway Drive.
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15. 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.
16. 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.
17. 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
18. All fill 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.
19. 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.
Damage to Services and Assets
20. 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.
UNITYWATER
Important Advisory Note - The following Unitywater conditions are applied in accordance with the
Chapter 4c, part 7 and sections 135 and 140(c) South East Queensland (Distribution and Retail)
Restructuring Act 2009 and Unitywater’s Interim Connections Policy. The conditions below form
part of a water connection aspect which are taken to be a water approval for a staged
connection. You are entitled to appeal against the water connection aspects of this application in
accordance with section 99BRAY and Chapter 4c, part 4, Divisions 1 and 2 of the South East
Queensland (Distribution and Retail) Restructuring Act 2009. Unitywater can be contacted as
follows:
Phone: 1300 0 Unity (1300 086 489)
Email: [email protected]
Web: www.unitywater.com
21. Reticulated water must be provided to each lot in the development. This must include:
(a) Ensuring that existing internal water pipes are wholly contained within the lot they will
serve.
(b) An approved water meter for each lot in accordance with Unitywater and SEQ Standard
Drawings.
(c) Provision of a water service to service proposed all lots in accordance with Unitywater
and SEQ Standard Drawings.
(d) Provision of a pipeline conduit under Gateway Drive in accordance with Unitywater and
SEQ Standard Drawings.
(e) An approved 150mm diameter water service connection to each lot in accordance with
Unitywater requirements.
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22. Water meters must be located on alternative boundaries to electrical pillars.
23. Reticulated sewerage must be provided to each lot in the development. This must include:
(a) Ensuring existing sewer house drains are wholly contained within the Lot they will
serve.
(b) Provision of sewerage infrastructure to the property boundaries of Lot 103.
24. Written approval to enter and construct must be obtained from the owners of properties
through which external sewers will traverse, and be submitted with lodgment of the
associated development application for Operational Works.
25. Easements of between 3 and 10 metres must be provided over all Unitywater sewers located
within property boundaries in accordance with the SEQ standards. Easements shall be
centred over the pipe. Easement terms shall be the most current registered dealing held by
the Department of Natural Resources & Mines and shall not be altered or amended.
26. Written approval to enter and construct must be obtained from the owners of properties
through which external watermains will traverse. This must include approval for an easement
over the mains, and be submitted with lodgment of the associated development application
for Operational Works.
27. A minimum clearance of 1.5 metres must be maintained between Unitywater sewers and
proposed building envelopes, buildings and other structures.
28. Stormwater retention systems and gross pollutant traps must maintain a minimum clearance
of 1.5 meters from Unitywater water supply and sewerage infrastructure
29. Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater
water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within
these clearances must be low growing when mature and suitable Unitywater approved
varieties.
30. Construction works undertaken in the vicinity of Unitywater water supply or sewerage
infrastructure must not adversely affect the integrity of the infrastructure. All costs associated
with repair, replacement or alteration of infrastructure must be met by the applicant.
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:
Building and Construction Industry (Portable Long Service Leave) Levy
1. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
2. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
3. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
(a) traffic management during all aspects of the construction phase including:
(i) a Traffic Management Control Plan in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction
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(ii) maintenance of safe pedestrian access for the areas affected by the works during
and after daily construction has ceased
(iii) proposed fencing to the site during the construction phase of the development
(iv) approval of the Traffic Management Control Plan by the Department of Transport
and Main Roads (DTMR) for any works on State controlled roads
(v) provision for worker car parking
(b) maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures
(c) works programme identifying key components of the works and their respective
durations
(d) 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, services and other relevant issues
(e) identification of complaint management procedures including:
(i) contact details for the on-site manager
(ii) dispute resolution procedures
(f) it is acknowledged that the preliminary Construction Management Plan will be a draft
document requiring finalisation upon appointment of the Principal Contractor employed
to construct the works and a final document will be required to be submitted at the Pre-
Start Meeting for the project.
Unitywater
4. Connection to the Unitywater live water supply and live sewerage system must be
undertaken by Unitywater at the applicant’s cost.
Infrastructure Charges
5. This Development Permit may trigger an “Adopted Infrastructure Charge Notice” (if
applicable) to be issued in accordance with Council’s “Adopted Infrastructure Charges
Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the
Sustainable Planning Act 2009
7. PROPERTY NOTES
Not Applicable
8. VARIATION APPROVAL DETAILS
Not Applicable
9. FURTHER DEVELOPMENT PERMITS REQUIRED
• Development Permit for Operational Work (Access, Frontage Works, Services, Stormwater,
Earthworks)
10. SUBMISSIONS
Not Applicable
11. 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.
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12. 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
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 4 July 2014.
• Negotiated Decision Notice – 24 September 2014:; with
amendment to condition numbering, change condition 5, delete
conditions 4(d) & 4(h)
• Decision Notice - Minor - REC14/0005.02 & REC14/0005.03 – 29
October 2020; Extension to Currency period and change to
condition 2
• Decision Notice – Extension to Currency Period – REC14/005.01
– 27 September 2018 – Extension to currency period
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (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 –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (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
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of 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
(2) The notice of appeal must be accompanied by the required fee.
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