MCU15/0049 Approved Decision Notice

Officer:	Glen Conforti
Direct Telephone:	07 53296241
Our Reference:	MCU15/0049
Your Reference:	NG

11 August 2015

Duffmont Pty Ltd & Escanaba Pty Ltd
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567

[email protected]

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009

I refer to your application and advise that on 11 August 2015, Council decided to approve the application in full subject to conditions.

Details of the decision are as follows:
APPLICATION DETAILS

Application No:	MCU15/0049
Street Address:	12 Stevens St SUNSHINE BEACH  QLD  4567
Real Property Description:	Lot 694 RP 48111
Planning Scheme:	The Noosa Plan (16 September 2013)

DECISION DETAILS

The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Multiple Housing Type 2 - Duplex

RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 4 years starting the day that this development approval takes effect.

ASSESSMENT MANAGER CONDITIONS

PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
DA.01	A	Site Plan, prepared by Bark Design Architects	14.05.15
DA.02	A	External Works Plan, prepared by Bark Design Architects	14.05.15
DA.03	A	Ground Floor Plan, prepared by Bark Design Architects	14.05.15
DA.04	A	First Floor Plan, prepared by Bark Design Architects	14.05.15
DA.05	A	Roof Plan, prepared by Bark Design Architects	14.05.15
DA.06	A	Section A, prepared by Bark Design Architects	14.05.15
DA.10	A	West Elevation, prepared by Bark Design Architects	14.05.15
DA.11	A	North Elevation, prepared by Bark Design Architects	14.05.15
DA.12	A	East Elevation, prepared by Bark Design Architects	14.05.15
DA.13	A	South Elevation, prepared by Bark Design Architects	14.05.15
DA.14	A	View from South, prepared by Bark Design Architects	14.05.15
Nature and Extent of Approved Use
The study must not be used as a bedroom.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level and 2 storeys.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to 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. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Setbacks
Any pool deck, handrail or clothes drying deck greater than 1m above the natural ground level must be setback a minimum of 1.5m from the boundary.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to each lot in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to each lot.
Building Appearance
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages or from adjoining properties.
All deck and balcony areas must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
not exceed a maximum height of 1.2m
be of open construction.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
Landscaping
Trees within the road reserve must be retained.
The development site must be landscaped. The works must be undertaken in accordance with The Noosa Plan, Planning Scheme Policy PSP03 Landscaping Plants and Guidelines and Drawing No. DA.02, External Works Plan, prepared by Bark Design Architects, dated 14.05.15. In this regard:
the ‘existing trees’ identified on the approved External Works Plan must be retained
one 45 litre (pot size) street tree must be planted in the road reserve to the north side of the driveway.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.

ENGINEERING
External Works - Pedestrian Facilities
A 1.5 metre wide concrete footpath must be provided within the road verge for the entire length of the frontage of the site.  The path must join smoothly with any existing adjoining path.  The works must be undertaken in accordance with an Operational Works approval and must be in compliance with IPWEAQ standard drawing SEQ R-065 Concrete Pathway Construction Details.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
Site Access and Driveway
A sealed access driveway must be provided from Stevens Street to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover in accordance with IPWEAQ standard drawing SEQ R- 050 and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing for compliant grades for footpath and pedestrians movements along the footpath without any step or level difference
for pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway must comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4
a driveway crossover width of 3.6 metres.
Car Parking
Car parking must be provided within the site generally as shown on the approved plans.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
car parking in compliance with the provisions of AS/NZS 2890.1-2004 for user class 1A
allow for vehicles to enter and leave the site unobstructed in a forward gear in a maximum of three movements
a minimum head clearance (headroom) at any point of 2.2m.
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.
Reinstatement Works
Where required, any redundant driveway must be removed, and the kerb verge area reinstated and landscaped to match the existing kerb and/or verge treatments.  Grassed verge areas to be reinstated must be provided with 100 mm topsoil and turf, and must be maintained by the developer until established. The driveway layback must be saw-cut and removed to allow for a smooth and neat finish with the adjoining kerb.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge generally in accordance with submitted Drawing No 25248-OW2 dated July 2015, prepared by SCG Consulting Engineers.  The works must be undertaken in accordance with an Operational Works approval in compliance with the relevant sections of Queensland Urban Drainage Manual and supported by a detailed stormwater drainage design prepared and certified by a suitably qualified and experienced Registered Professional Civil Engineer.
The development of the site must not worsen existing drainage conditions on other properties by diverting stormwater runoffs or causing additional stormwater ponding on any other property.  Stormwater overland runoffs from the site must be kept to its predevelopment flow rates for all storms up and including 1 in 100 years storm event.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be created in accordance with the requirements of planning scheme and granted at no cost to the Grantee.
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
Earthworks and development works carried out on site must not affect the structural integrity of any of the existing fences or structures that border the site.  Fences that are affected must be replaced prior to the Building Certifier issuing the Certificate of Classification.
The development works must not adversely impact on the stability of the subject site or other properties.

ENVIRONMENTAL HEALTH CONDITIONS
Building Demolition/Removal/Relocation
A Waste Management Plan (construction and demolition) must be submitted and approved by Council’s Environmental Health Officer prior to issue of a development permit for operational works. The Waste Management Plans (construction and demolition) must be in accordance with Planning Scheme Policy 11, Waste Management Plans. The Plan must contain the following information:
adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use. The site area for the storage and separation of waste is to be shown on the plan drawings accompanying the application
a waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed.
Table – Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Waste Storage
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Noise
Written certification must be submitted to Council from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following :
Air-conditioning and Refrigeration
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable =  background + 3dB(A)
Pumps
7am to 7pm: Maximum level allowable = background + 5dB(A)
7pm to 10pm: Maximum level allowable = background + 3dB(A)
10pm to 7am: No audible noise.
Assessment and certification must be immediately after the installation of the equipment and prior to any occupation of the building.  All equipment must be operating at the same time to test the overall noise level created, with the measurement location at either the residential boundary or outside the most exposed part of an affected building - whichever is the closest to the plant/equipment.

ADVISORY NOTES

PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Adopted Infrastructure Charges Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the Sustainable Planning Act 2009.

ENGINEERING
Building and Construction Industry (Portable Long Service Leave) Levy
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
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
A Preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Proposed fencing to the site during the construction phase of the development
Adequate parking arrangements for construction workers
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures
Works programme identifying key components of the works and their respective durations
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of construction times, impacts on traffic and services and other relevant issues

ENVIRONMENTAL HEALTH ADVICE
Building Works
Noise from residential building works shall comply with the following –
Limited to between 6:30am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions.
Not permitted on Sunday or public holidays.
Measurement of Noise
Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with either: (a) Australian Standard AS1055.1 “Acoustics–Description and measurement of environmental noise – General procedures”, or (b) The relevant “Noise Measurement Manual” as provided by the Department of Environment and Heritage Protection.
A qualified person is considered to be either:
a Registered Professional Engineer of Queensland, or
an environmental consultant with a minimum of 3 years current experience in the field of acoustics.
Acoustic Advice & Design
It is highly recommended the developer seek the advice and design input of a qualified acoustic consultant at the plan development stage to ensure the development does not cause a noise nuisance under the Environmental Protection Act 1994.  Attention should be given to the following (but not limited to) :
building design and construction
design, selection and installation of fixed plant and equipment
the location of air conditioning and heating units, refrigeration plant, pumps, mechanical exhausts and plant rooms etc
the use of acoustic enclosures/screens around noisy plant and  equipment
operating times
Environmental Protection
The development should be undertaken in a manner that causes no unlawful environmental nuisance under the Environmental Protection Act 1994 by the creation of excessive noise, lighting, waste, atmospheric pollutants (including dust or odours) or other releases to the environment.
In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint, cement, concrete, builder’s waste or other prescribed contaminants should not to be released to or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.

REFERRAL AGENCIES

Not Applicable.

PROPERTY NOTES

Not Applicable.

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Operational Work (Driveway, stormwater drainage, earthworks and landscaping)
Development Permit for Building Work (All Building Works)
Compliance Certificate for Document(Plan Sealing)

SELF ASSESSABLE CODES

Not Applicable.

SUBMISSIONS

Not Applicable.

REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

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”.

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..

Yours faithfully

Glen Conforti
DEVELOPMENT PLANNER

Enc:	Infrastructure Charges Notice
Approved Plans/Documents
Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under 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		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au

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