Refused Decision Notice MCU18 0015 · MCU18/0015

Officer: 	Patrick Murphy
Direct Telephone: 	07 5329 6436
Our Reference:	MCU18/0015 & RAL18/0001
Your Reference:	165
25 March 2020
Mr DW Neate
C/- Innovative Planning Solutions Pty Ltd
PO Box 1043
MAROOCHYDORE  QLD  4558
[email protected]
Dear Sir
Decision Notice
Planning Act 2016
I refer to your application and advise that on 19 March 2020, Council decided to refuse the application.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU18/0015 & RAL18/0001
Street address:	27 Attunga Heights Noosa Heads Qld 4567
Real property description:	Lot 27 RP 89506
Planning Scheme:	The Noosa Plan (27 November 2017)
type of development
The application sought the following type of development approval:
Material Change of Use - Detached House (x 2), Multiple Housing - Type 4 Conventional (12 dwelling units) and Reconfiguring of a Lot (1 Lot into 4 plus easement)
reasons for refusal
1.	The proposed development is contrary to the Noosa Plan’s Strategic Framework and the Desired Environmental Outcomes as
(i)	The proposal does not satisfactorily protect the site’s significant environment values.
(ii)	The proposal does not maintain a satisfactory wildlife corridor through the site and intrudes into the riparian buffer to the site’s watercourse.
2.	The proposed development is contrary to the Overall and Specific Outcomes of the Noosa Heads Locality Code as
(i)	The proposed uses are inconsistent with and therefore strongly inappropriate in the Open Space Conservation Zone.
(ii)	The applicant has not satisfactorily demonstrated the proposed development footprint is commensurate with the site’s constraints and values.
(iii)	The proposal will adversely impact on the sites and the adjoining road reserve’s scenic and environmental values.
(iv)	The proposed built form will adversely impact on the visual amenity of nearby properties in Attunga Heights.
(v)	The proposed development does not respect the scale and character of the surrounding development.
3.	The proposed development is contrary to the Specific Outcomes of the Noosa Heads Locality Code for population density, gross floor area, site cover, building height and setbacks.
4.	The proposed development is contrary to the Biodiversity Overlay Code as the proposal does not satisfactorily manage, minimise or mitigate its impacts on the site’s ecologically important areas, ecological linkages for the koala population and the site’s watercourse with the development resulting in excessive clearing of protected vegetation.
5.	The proposed subdivision is contrary to the Reconfiguring a Lot Code as:
(i)	The proposed lots and lot boundaries fragment the site’s wildlife corridor and the riparian buffer to the site’s watercourse.
(ii)	The proposal is to subdivide land in the Open Space Conservation zone.
(iii)	The applicant has not demonstrated appropriate access for Lot 3 for construction purposes is available or achievable.
(iv)	The proposed parkland lot, Lot 4, includes part of the bushfire protection zone for the multiple dwelling units and steep slopes which will require ongoing monitoring and future management, inappropriately burdening Council’s resources.
6.	The proposed development has not been designed to avoid any potential instability and associated problems and seeks to clear excessive vegetation that assists in stabilising the site and the development in the long term contrary to the Natural Hazards Overlay Code and Reconfiguration of Lot Code.
7.	The proposed development will adversely impact on the vegetated character of the adjoining pedestrian path in Edgar Bennett Avenue road reserve enjoyed by residents and visitors to the area due to the scale and extent of development proposed along this boundary and limited landscape opportunities to screen the development.  The proposed works for the driveway and associated retaining walls are also likely to adversely impact on the vegetation within the road reserve and result in the removal of some existing mature vegetation.
8.	The proposed stormwater management strategies for water quality for the multiple housing development on lot 1 conflict with the Water Sensitive Design Code, which requires natural treatment strategies and systems and are contrary to the Reconfiguration of Lot Code.
9.	The proposed proprietary device has not been accepted by Stormwater Australia as a satisfactory water quality treatment system for this area.  Therefore, the proposed development may adversely impact on the downstream ecosystem due to changes in water quality.
10.	The proposed development is contrary to the draft Noosa Plan provisions which are more protective of the site’s environment values and consequently more restrictive of development.
11.	The application attracted a considerable number of public submissions raising valid grounds of objection to the development.
12.	The proposed development is contrary to Schedule 10 Division 3 of the Planning Regulation 2017 as the development is situated in a koala assessable development area and does not avoid, minimise or mitigate interfering with koala habitat or propose a satisfactory offset to address any significant residual impact.
13.	The proposal is contrary to the State Planning Policy as the proposed development will adversely impact on koala habitat, with koala populations recognised as being matters of both national and state environmental significance.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 8, Division 2, Subdivision 3, Table 2, Item 1 Queensland Heritage Place (or near a Queensland Heritage Place)	The agency provided its response on 12 June 2019 (Reference No. 1802-4017 SRA). A copy of the response is attached
submissions
There were 68 properly made submissions about the application. In accordance with the Planning Act 2016, the name, address and electronic address of the principal submitter for each properly made submission is provided and attached.
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.
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,
Kerri Coyle
Manager Development Assessment

Enc:	Referral Agency Response
List of Submitters
Appeal Rights

cc.	SARA at DILGP
Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/
(for assistance, contact DILGP at 5352 9701 or email [email protected])

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017
Francis Bailey	Unit 11 The Outlook 1 Picture Point Cres Noosa Heads Qld 4567 [email protected]
Sean Francis & Linda Lellman	10/30 Edgar Bennett Ave Noosa Heads Qld 4567 [email protected]
John & Virginia Cameron	30 Angler St Noosa Heads QLD 4567 [email protected]
Peter & Rosemary Karlson	6 Illoura Place Cooroibah QLD 4565 [email protected]
David & Marianne Seldon	4/34 Edgar Bennett Ave Noosa Heads QLD 4567 [email protected]
Catherine & John Kleeman	2/34 Edgar Bennett Ave Noosa Heads QLD 4567 [email protected]
Andrew Cook	1/29 Edgar Bennett Ave Noosa Heads QLD 4567 [email protected]
John Tucker & Kathleen Taperell	PO Box 4388 Kingston ACT 2604 [email protected]
Angela Witbead	The Lookout Apt 20 Picture Point Cres Noosa Heads Qld 4567 [email protected]
Malcolm Winston & Patricia Ann MNcCully	Apartment 8 The Outlook Resort Noosa Heads QLD 4567 [email protected]
Sue & Jeff Scougall	9 Attunga Heights Noosa Heads QLD 4567 [email protected]
Catherine Kleeman	2/34 Edgar Bennett Ave Noosa Heads QLD 4567 [email protected]
Attunga Heights Residents	[email protected]
Rebecca Stead	1/29 Edgar Bennett Ave Noosa Heads QLD 4567 [email protected]
Richard & Julie Cugley	5 Viewland Drive Noosa Heads QLD 4567 [email protected]
Marilynne Cahn	13 The Quarterdeck Noosa Heads QLD 4567 [email protected]
Denis Weily	Unit 12, 47 Picture Point Cres Noosa Heads Qld 4567 [email protected]
David & Margaret Trezise	3 Attunga Heights Noosa Heads QLD 4567 [email protected]
Locality Planning & Consulting (Jason Hague)	106/45 Brisbane Road Mooloolalaba QLD 4557 [email protected]
Deborah Clark-Dickson	4/23 Jordan Tce BOWEN HILLS QLD 4006 [email protected]
Suzanne & Bhupendra Kumaria	9 Richmond Road Bedford MK40 3DG. United Kingdom [email protected]
Steven Andrew Sparks	23 Attunga Heights NOOSA HEADS QLD 4567 [email protected]
J Smith	3/3 Viewland Dr Noosa Heads QLD 4567 [email protected]
John Burge	1885 Malvern Rd Malvern East VIC 3145 [email protected]
John Alexander Ware (Jaware Nominees)	P O Box 26 Seymour VIC 3660 [email protected]
Vivienne Hooper on behalf of the Body Corporate for The Lookout CTS 15629	Body Corporate Services PO Box 450 Noosa Heads QLD 4567 [email protected]
Thomas Edward Braddock	4 Treasure St Maryborough QLD 4650 [email protected]
Mekere and Roslyn Morauta on behalf of Ellamere Pty Ltd	c/ PO Box 1438 New Farm QLD 4005 [email protected]
Stephen Riley	31 Allambi Terrace Noosa Heads QLD 4567 [email protected]
Campbell Macpherson	Apartment 9 The Outlook Resort Picture Point Crescent Noosa Heads QLD 4567 [email protected]
Cambewarra Investments Pty Limited	291 Milperra Road Revesby NSW 2212 [email protected]
Maxine M. Parry-Thomas	76 Goodchap Street Noosaville QLD 4566 [email protected]
Brian & Valerie Jasper	80 Broome St Cottesloe WA 2604 [email protected]
Brian Ford	31 Brushbox Way Peregian Springs, QLD 4573 [email protected]
Kim & Michelle Thompson	1/1 Picture Point Crescent Noosa Heads QLD 4567 [email protected]
Phillip Starkins	16/36 Edgar Bennet Ave Noosa Heads QLD 4567 [email protected]
Gabrielle Clements	2/11 Woorookool Place Noosaville QLD 4566 [email protected]
Bruce and Margaret Allan	[email protected]
Kevin O'Hara	Picture Point Apartments 30 Edgar Bennett Avenue Noosa Heads QLD 4567 [email protected]
Gabriela Geispitzheim	PO Box 1359 Noosa Heads QLD 4567 [email protected]
Thomas Kearney	Unit 3/34 Edgar Bennett Ave Noosa Heads QLD 4567 [email protected]
Mark & Robin Bowman	7/30 Edgar Bennet Avenue Noosa Heads QLD 4567 [email protected]
Philip Kevin Tagell	14 Satinwood Court Bardon QLD 4065 [email protected]
Queensland Koala Crusaders Inc (QKC) and Koala Action Inc (KAI)	52 Poole Road Glass House Mountains QLD 4518 [email protected]
Linda Jane Ritt	48 Lizzie St Bardon QLD 4065 [email protected]
Frank Ritt	48 Lizzie St Bardon QLD 4065 [email protected]
Trina Day	c/o 6/80 Duporth Avenue Maroochydore QLD 4558 [email protected]
Richard P. B. Brown	30 Attunga Heights Noosa Heads QLD 4567
Steph Song	11 McAnally Drive Sunshine Beach QLD 4567 [email protected]
Kelli Gowen	81 Wants Road Maroochy River QLD 4561 [email protected]
Julie Bosnich	11 Spoonbill Street Peregian Beach QLD 4573 [email protected]
Roman Bilous	142 Shorehaven Drive Noosaville QLD 4566
Narelle Kearney	3/34 Edgar Bennett Ave Noosa Heads QLD 4567 [email protected]
Russell Leary	7 Robert St Noosaville QLD 4566
Warren Heinnen	1/34 Edgar Bennet Ave Noosa Heads QLD 4567 [email protected]
Melanie Heinnen	1/34 Edgar Bennett Ave Noosa Heads QLD 4567 [email protected]
Steven Napier	2/10 Attunga Heights Noosa Heads QLD 4567 [email protected]
John Ford	25 Sydney Street Clayfield QLD 4011 [email protected]
John Gill	[email protected]
Kevin O'Hara - Chairman Body Corp Picture Point	PO Box 174 Menai Central NSW 2234 [email protected]
Greg & Joanne Souster	PO Box 1204 Noosaville QLD 4566 [email protected]
Tosh Kachad	11 Attunga Heights Noosa Heads QLD 4567 [email protected]
Scott Kachad	11 Attunga Heights Noosa Heads QLD 4567 [email protected]
Damian Pratt	26 Attunga Heights Noosa Heads QLD 4567
Jackie Schmidt	46A Ferguson Road Pomona QLD 4568 [email protected]
Glen Currie	PO Box 1744 Noosa Heads QLD 4567 [email protected]
John & Jane Gowdie	78 Tristania Road Chapel Hill QLD 4069 [email protected]
Brad Dyson	[email protected]
Paula Boon	1/15-17 Attunga Heights Noosa Heads QLD 4567 [email protected]
David Alsop	21 Attunga Heights Noosa Heads QLD [email protected]

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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PO Box 141		P. (07) 5329 6500	[email protected]
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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‘State Development,
Manufacturing,
Infrastructure and Planning

Ourreference: “18024017 SRA

Yourreference: —-MCUTG/0D16 & RAL1810001

12,June 2019

‘The Chief Executive Officer

‘Noosa Shire Council

POBox 141

Tewantin Qld 4565

‘[email protected]

Attention: Mr WNeate

Dear Mr Neate

‘Changed referral agency response—with conditions
(Given under section 28 ofthe Development Assessment Rules)

‘On 18 May 2018 the department received notice of a change to the development application described
below. The department has assessed the changes and now provides this changed referral agency
response which replaces the response dated 29 March 2018,

 

Applicant details
‘Applicant name: ‘Mr DW Neate CI Innovative Planning Solutions
‘Applicant contact details: PO Box 1043

‘Maroochydore QLD 4558
[email protected]

Location details

 

 

‘Street address: 27 Attunga Heights, Noosa Heads
Real property description: Lot 27 on RP89506
Local government area: ‘Noosa Shire Council
Application details
‘Development permit, ‘Material change of use for 2 Dwelling houses, 12 Multiple dweling units
and Reconfiguring of 1 lot into 3
‘South East Queensland West) rego
ote
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1002-4017 SRA

Referral triggers
‘The development application was referred to the department under the folowing provisions ofthe
Planning Regulation 2017:

© 10.823.2.1  Queenstand heritage place (on or near a Queensiand heritage place)

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

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

Approved plans and specifications
‘The department requires thatthe plans and specifications set out below and enclosed must be attached
to.any development approval

 

 

 

 

 

 

 

Drawingireport ttle Prepared by Date Reference no. | Versionvissue

‘Aspect of development: Material change of use

‘Site Pian Tim Ditenfela November] DDOS a
Architects 2018

‘Section F Tim Ditenfela November | DD10 a
Architects 2018

[Lot 3 Development Controt | Tim Ditehield November | DD18| a

Plan Architects 2018

‘Aspect of development: Reconfiguring a lot,

Reconfiguring a lot Pian | Tim Diteield November] DDO2 a
Architects 2018

 

 

 

 

 

 

 

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

For further information please contact Paul Gleeson, Principal Planning Officer, on (07) $352 9717 or via
‘email [email protected] who willbe pleased to assist.

‘Yours sincerely

‘Garth Nolan
‘Manager (Planning)

ce MrDWNeste Ct Innovative Planning Solutions, [email protected]
‘ene Attachment Changed conditions tobe imposed

‘tachment 2—_Changed reasons for decsion to impose conditions
‘Approved plans and specications

Deparment of State Development Manfachrng,intasrucre 2nd Planing Page 20f5

 

 


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Attachment 1—Changed conditions to be imposed.

1002-4017 SRA

 

 

No,

‘Conditions

Condition timing

 

Material change of use and Reconfiguring a lot

 

7082,

32.1 Schedule 10, Part 8, Division 2, Subdivision 3, Table 2, item 1 — Queensland Heritage
Place or near a Queensiand Heritage Place—The chief executive administering the Planning Act 2016
nominates the Director-General of the Department of Environment and Science tobe the enforcement
‘authority for the development to which this development approval relates for the administration and

enforcement of any matter relating tothe folowing condition(s):

 

7

“The development must be carried out generally in accordance with
the folowing plans:
‘+ Proposed Lot reconfiguration plan, drawing 20.02(040002-
‘A, prepared by Tim Ditchfield Architects and dated
November 2018 prepared by Innovative Planning Solitons
anddated 2o-March 2016.
+ QverallSite Pian, —Main Floor Level, drawing
‘PLGS(D4DDO5-A, prepared by Tim Ditchfield Architects
_and dated November 201 Gprapared-by Innovative Manning
‘Selutione-and dated 30-March 2046.
2 Section AS 8 drawing ALO8 (D}- prepared by innovative

‘Planning Seluions and dated 20 March 2016-

‘+ Section F, drawing DD10-A, prepared by Tim Ditchfield
Architects and dated November 2018,

‘+ Lot 3— Development Control Plan, drawing DD19-A,
‘prepared by Tim Ditchfield Architects and dated
November 2018

‘Atalltimes

 

Provide written notice of the commencement of the Detached House
Use and Multiple Housing use to Environmental Services and
Regulation, Department of Environment and Science at

aim@ehp ald gov.2u.

‘Within ten working
days of the issue of
the commencement
of the use

 

 

 

 

 

 

3| (a) Take photographs of the trees and the creek bed located on the | (a) As indicated
boundary of Lot 2 on RP8S5S33 and Lot 27 on RPESSOE:
(0) porto the commencement of works; and (©) within ten
(i) at the completion of works. working days of
(b) Submit both sets of the photographs to Environmental Services ‘completion of the
‘and Regulation, Department of Environment and Science at works
[email protected] of State Development Manfachrng,intasrucre 2nd Planing Page Set

 

 


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1002-4017 SRA

Attachment 2—Changed reasons for decision to impose conditions

 

‘The reasons for this decision are:

‘+ With conditions, the proposed development will not adversely impact on matters of state-interest,
being the adjoining Queensland heritage piace.

‘+ The proposed development complies with the purpose and applicable performance outcomes of
‘State code 14: Queensiand heritage place of the State Development Assessment Provisions version
2A.

+ Ihe ‘amendments to the a lans of deve made as representation to
‘SARA, are not likely to result in an impact to the Queensland Heritage Place.

Evidence or other material on which the findings were based

‘+ development application

‘+ Amended plans submitted by the applicant as part of further representations dated 16 May
2019

‘+The State Development Assessment Provisions Version 2.4 dated October 2018, published by the
Department of State Development, Manufacturing, Infrastructure and Planning

Planning Act 2016

‘Planning Regulation 2017

 

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