Decision Notice - Approved by Delegation of Authority MCU21 0222

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU21/0222
Your Reference:	35484
18 August 2022
BA Slattery & J Slattery
C/- Coastal Building Certifications Pty Ltd
10 Akounah Cres
BUDDINA  QLD  4575
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 15 August 2022, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU21/0222
Street address:	Beaches Noosa 7/56 David Low Way Sunrise Beach Qld 4567
Real property description:	Lot 7 SP 133491
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dwelling House
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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
SP1.0	-	Site Plan, prepared by Chris Clout Design	13-06-22
C0.1	-	Lower Floor Plan – Level 1, prepared by Chris Clout Design	13.06.22
C1.0	-	Ground Floor Plan, prepared by Chris Clout Design	13.06.22
C2.0	-	Upper Floor Plan, prepared by Chris Clout Design	13.06.22
C3.0	-	Elevations (West & East), prepared by Chris Clout Design	13.06.22
C3.5	-	Elevations (North & South), prepared by Chris Clout Design	13.06.22
C4.0		Sections (1 & 2), prepared by Chris Clout Design	13.06.22
C4.5	-	Sections (3 & 4), prepared by prepared by Chris Clout Design	13.06.22
C4.6	-	Sections (5 & 6), prepared by prepared by Chris Clout Design	13.06.22
C4.7	-	Sections (7), prepared by prepared by Chris Clout Design	13.06.22
LC01	00	Landscape Concept DA – proposed gardens, prepared by JRLD (as annotated by council)	Feb 22
LC02	00	Landscape Concept DA- upper floor terrace, prepared by JRLD (as annotated by council)	Feb 22
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice. The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council for approval prior to operational works approval.
Submit Amended Plans - Basement compliance
Provide amended plans and submit to Council prior to the issue of the Building approval, incorporating the following change:
Ensure the floor level immediately above the basement level is no more than 1m above ground level in order to comply with the Noosa Plan 2020 definition of a basement.
Currency Period
This development approval lapses if the use has not happened by 15 August 2028, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building 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.
Landscaping
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and in accordance with Planning Scheme Policy PSP 2 – Landscaping and must include in particular:
A minimum 5m wide garden must be provided for the full length of the seaward boundary. The garden must consist of a mix of native shrubs and ground covers.
Coastal Protection
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
All lighting associated with all works approved as part of this application must be positioned and managed to reduce sky glow and light spill onto the beach to minimise disruption to turtle nesting and sea-finding behaviour of hatchlings. Management measures include reduced intensity, long wavelength lights; shielded, low to the ground, and directed onto areas of interest; low reflectance building surfaces and paint; and tinted external glass. The following are to be incorporated into the works approved as part of this application:
All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE) must have 15% visible light transmittance tinting;
All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE) must be fitted with opaque blinds, to be drawn from 8pm during turtle nesting and hatching season (October – May);
All outdoor lights must have a maximum of 2700 K correlated colour temperature (CCT). All indoor lights must have a maximum of 3000 K CCT. All lighting (interior and exterior) must avoid the use of halogen, metal halide, or fluorescent lights.
Amber LED (590-610 nm) or low pressure sodium lighting must be used as a standard. Warm white is to be used only where colour rendition is required.   LED lights must not contain short wavelength blue light and supplier should be asked to provide spectral power curve of requested LEDs to prove the absence of short wavelengths;
The number and wattage of lights must be minimised;
All lights must be recessed into structures and roof, and directed away from the turtle nesting habitat;
No lighting is permitted on the roof of the building;
All outdoor lights, including balcony lights, must be turned off between 8:00pm and sunrise during turtle nesting and hatching season (October – May);
External feature lighting to the building must be positioned below 10 metres in height and turned off between 8:00 pm and sunrise during turtle nesting and hatching season (October – May).
No upward lights or vertical illumination of the building, vegetation or other structures using lighting that shines into the sky to be used;
Where lighting is required for safety purposes (including all corridors above ground level, stairwells, entry points etc.), the lighting of these areas must be activated by proximity sensors or motion detectors with an associated deactivation of the lighting after no more than 10 minutes during turtle nesting and hatching season (October – May). For lighting in other areas, timers, proximity or motion activated light sensors must be used wherever possible;
No decorative outdoor lighting is to be fitted to the buildings, open space or recreation areas (e.g. Fairy/Christmas lights) during nesting and hatching season (October – May);
Pool lighting must be switched off after 8:00pm during nesting and hatching season (October – May);
All exterior lighting must be shielded by a minimum of 30 cm vertical shielding.
Stormwater Drainage
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 generally in accordance with the recommendations within SCG’s report 32027(SL) “Slope Stability Assessment”, dated 15/03/2022 prepared for the subject lot.
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 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.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated batters must be undertaken in accordance with an Operational Works approval, generally in accordance with SCG’s report 32027(SL) “Slope Stability Assessment”, dated 15/03/2022 and the recommendations within SCG’s report 32027(S) “Soil Test and Report”, dated 9/03/2022, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
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
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Resubmission of Amended Plans Required
The conditions of this Decision Notice require resubmission of plans to Council with amendments. Please address the amended plan/s to Council’s Development Assessment Branch with the Reference No. MCU21/0222 separate to any Operational Works application. To avoid delays and assessment issues with the Operational Works application, it is recommended the plan/s be resubmitted prior to lodgement of any Operational Works application. However, should the plan/s not be submitted, the applicant is advised that a Preliminary Approval for OPW may be issued in lieu of a Development Permit.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Stormwater, Earthworks, Landscaping
Development Permit for Building Works	All building work
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.

OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

	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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