Minor Change Existing Approval MCU16/0138.01

Officer: 	Wilhelm Koschade
Direct Telephone: 	07 53296215
Our Reference:	MCU16/0138.01 & OPW16/0257 : JELDER
Your Reference:	160401
16 November 2017
SP Payne & JR Payne
C/- Adams Sparkes Town Planning
PO Box 1000
BUDDINA  QLD  4575
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 9 November 2017, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU16/0138.01 & OPW16/0257
Street address:	111 Gympie Tce Noosaville Qld 4566
Real property description:	Lot 18 RP 66590  Lot 18 RP 66590
Planning Scheme:	The Noosa Plan (3 July 2017)
Decision details
Council on 6 May 2017 decided to issue the following type of approval:
Application No.	Type of Development
MCU16/0138 & OPW16/0257	Development Permit for Material Change of Use of Premises - Multiple housing Type 2 (2 x Duplex); and Development Permit for Operational Works (Earthworks, Carparking, Access, Stormwater & Landscaping).
In relation to the request to make a minor change to the existing approval, Council on 14 November 2017, decided to approve the requested changes. The changes are detailed below.
A.	Amend condition 2.
currency period of approval
The relevant period for the Material Change of Use approval is 4 years starting the day that this development approval takes effect.
The relevant period for the Operational Works approval is 2 years starting the day that this development approval takes effect.
assessment manager conditions
Development Permit for Material Change of Use
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
-	A	Proposed Site Plan drawn by Icon Building Design	07/03/2017
-	A	Proposed Site Works drawn by Icon Building Design	07/03/2017
-	A	No. 113 Ground Floor Plan drawn by Icon Building Design	07/03/2017
-	A	No. 113 First Floor Plan drawn by Icon Building Design	07/03/2017
-	A	No. 113 Elevations (North & West) drawn by Icon Building Design	07/03/2017
-	A	No. 113 Elevations (South & East) drawn by Icon Building Design	07/03/2017
-	D	No. 111 Proposed Ground Floor Plan drawn by Icon Building Design	11/10/2017
-	D	No. 111 Proposed First Floor Plan drawn by Icon Building Design	11/10/2017
-	A	No. 111 Elevations (North & West) drawn by Icon Building Design	20/09/2016
-	A	No. 111 Elevations (South & East) drawn by Icon Building Design	20/09/2016
-	A	Section 1 & 2 drawn by Icon Building Design	07/03/2017
-	A	Section 3 & 4 drawn by Icon Building Design	07/03/2017
LD1	A	Landscape Operational Works Plans (sheet 1/4), drawn by Anembo Consultants	21/03/2017
LD2	A	Landscape Operational Works Plans (sheet 2/4), drawn by Anembo Consultants	21/03/2017
LD3	A	Landscape Operational Works Plans (sheet 3/4), drawn by Anembo Consultants	21/03/2017
LP1	A	Landscape Operational Works Plans (sheet 4/4), drawn by Anembo Consultants	21/03/2017
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Building Height
The maximum height of the development must not exceed 8.6 metres above the finished ground level and the natural ground surface.
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.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site 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 the development site.
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 pre-start meeting. 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 condition.
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 nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvers, glass paneling or the like, except where required to satisfy any privacy conditions of this Decision Notice.
Protection of Privacy
To ensure privacy is protected between adjoining properties, any window/s, that overlook or have the potential to overlook the private open space of neighbouring properties must either:
have a minimum window sill height or 1.5 metres above floor level
be fitted with translucent glazing
be fitted with a fixed external screen
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary and be articulated to provide visual interest by stepping the design at maximum 5m intervals.
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.
Landscaping
The development site must be landscaped prior to the commencement of use. The works must be undertaken in accordance with landscape areas shown on the Approved Landscape Plans.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
All landscape works must be established and maintained in accordance with horticultural best practice with construction techniques that allow for healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form.
Waste
Where the development involves the removal, relocation or demolition of a building, a Waste Management Plan (construction and demolition) shall be submitted and approved by Council prior to issue of a development permit for building works. Waste Management Plans (construction and demolition) are required to be submitted in accordance with Planning Scheme Policy 11, Waste Management Plans see table below.  Waste storage areas are to provide for adequate separation of all reusable, recyclable and waste materials. These shall be located so that they are convenient and safe to use. (Refer to Noosa Council Waste Management Code). The Plan shall contain the following information:
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.

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.
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Noise Nuisance
Noise emission from mechanical equipment shall comply with the following requirements:
Air-conditioning and Refrigeration
7am to 10pm: Maximum background + 5dB(A)
10pm to 7am: Maximum background + 3dB(A)
Pumps
7am to 7pm: Maximum background + 5dB(A)
7pm to 10pm: Maximum background + 3dB(A)
10pm to 7am: No audible noise.
Submission of written certification from a suitably qualified person confirming that the noise levels from all mechanical equipment comply when measured at either the residential boundary or outside the most exposed part of an affected building, whichever is the closest to the equipment. The assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council.  All equipment should be operating at the same time to test the overall noise level created.
Advice: It is highly recommended that the person you engage to certify the installation is involved at the plan development stage so they can recommend where this equipment is best located. They can also advise about noise enclosures and can make other suggestions to avoid noise problems.  It is a lot more costly to try and deal with noise problems after everything is built.
Noise from residential building works shall comply with the following –
Limited to between 7:00am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions.
Not permitted on Sunday or public holidays.
ENGINEERING
External Reinstatement Works
Street for the length of its frontage to the subject site must be upgraded in accordance with an Operational Works approval and must include in particular:
Removal of the existing redundant property accesses and reinstatement of the kerb & channel, concrete pathway and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed.
Replacement of any damaged, irregular or substandard sections of kerb & channel.
Any reinstated sections of pathway must match the texture and colour of the existing pathway.
Relocation/Reinstatement of any existing road signs.
Amendment to any linemarking if required.
Site Access and Driveways
A sealed access driveway must be provided generally in accordance with the approved plans and in compliance with the Operational Works conditions of this permit and IPWEA Standard Drawings RS-049 and RS-050.
Car Parking
A minimum of 6 car parking spaces must be provided on the site.  The works must include in particular:
Sufficient area within the site to permit a vehicle to reverse from the garaging and exit the site in a forward gear in a total of 2 movements.
Crossfalls, gradients and dimensions in accordance with Australian Standard AS2890:1 Parking Facilities.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must comply with the Operational Works conditions of this permit and include in particular:
Collection and discharge of stormwater to the kerb and channel at the frontage of the site.
Provision of approved kerb adapters for all new outlet points.
Where applicable, extension of the site stormwater system to accommodate surface stormwater runoff from any adjoining property that naturally drains through the site or alleviate any potential of additional ponding, including registration of drainage easements.
The use of gravity stormwater drainage.
The current owners and any subsequent owners are responsible for all ongoing maintenance of any drainage pipeline/box culvert and overland flowpath on this site that are designed to convey stormwater from adjoining sites.
Electricity and Telecommunication Services
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.
Earthworks and Retaining Walls
All fill and associated batters/retaining walls must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.  All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
As the site is proposed to be filled, appropriate stormwater drainage structures must be installed within the site to collect and discharge stormwater runoff from the adjoining properties to prevent additional ponding/flooding on these properties.
Easements
Easement must be created over all stormwater pipelines on the site that convey stormwater flows from adjacent properties.
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 building works and structures must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.

Development Permit for Operational Works (Stormwater, Earthworks, Access, Car Parking & Landscaping)
APPROVED PLANS
Development works 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 Title	Date
OP2 Job No: 216133	-	Earthwork Levels & Stormwater Layout	18/11/2016

Prior to Commencement of Works
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart.  The contact number to arrange a pre-start meeting is 5329 6291*. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works.
Erosion and sediment control works.
Landscaping works.
* Refer to Advisory Notes of this permit.
Prior to arranging the prestart meeting, the applicant must prepare and obtain Council’s endorsement of an Acid Sulfate Soil Assessment and Management Plan for the site. The Acid Sulfate Soil Assessment and Management Plan must be prepared by a geotechnical consultant suitably experienced in the management of Acid Sulfate Soil (i.e. minimum 5 years demonstrated experience). The Acid Sulfate Soil Assessment and Management Plan must demonstrate that the proposed development will not result in the raising of the groundwater table above the acid sulfate soil horizon, or result in previously saturated acid sulfate soils being aerated. The recommendations within the Acid Sulfate Soil Assessment and Management Plan must be in accordance with the Queensland Acid Sulfate Soil Management Guideline 2014.
Where the proposal for filling is likely to result in moving up of the groundwater table above the acid sulfate soil horizon, the Geotechnical Consultant must make recommendations, to avoid impacts to water quality as a result of the disturbance of Acid Sulfate Soils. All aspects of the development must be in accordance with the endorsed Acid Sulfate Soil Assessment and Management Plan. Where necessary, the building and the operational works design must be amended and approved by Council, to comply with the recommendations of the ASS Assessment and Management Plan.
At least 5 working days prior to any works commencing, written advice must be provided to Council detailing:
The name, contact details and ACN for the supervising Registered Professional Engineer of Queensland (RPEQ) and Principal Contractor.
Proposed dates for commencement and completion of construction.
Certificates demonstrating currency of public liability insurance and works insurance covering the works in line with the planning scheme.
All operational works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all completed engineering works conform to the conditions of this Operational Works permit and the intent of the engineering design.
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to Council in writing within 5 business days of the change occurring.
Condition report/s including photographs must be completed and submitted to Council prior to the prestart meeting and prior to any works commencing:
The frontage of the site including kerb line and road signs.
All fences bordering the site.
Any existing works, buildings and structures on the adjoining properties that could potentially be destabilised or impacted on by the proposed operational works.
A Construction Management Plan must be submitted to Council for approval prior to the prestart meeting and must specifically 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 commencing.
Details on the location of imported fill sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.
NOTE: any damage to the existing road system as a result of haulage operations must be fully repaired at the applicant’s expense
Maintenance of safe pedestrian and cyclists access across the frontage of the site both during daily construction and after daily construction has ceased for all stages of development.
Fencing to the site during the construction phase of the development.
Providing safe and adequate parking arrangements for all machinery and cars during construction phase without adversely impacting on the traffic flows, traffic safety and the availability of parking spaces in the local streets.
Effective procedures and measures to minimise adverse environmental impact on other properties and roads users including noise and dust emission.
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 and contact protocol with the neighboring owners, to advise of construction times, impacts on traffic and services and other relevant issues.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to the prestart meeting.
The existing Telstra pit located within the proposed new driveway must be relocated away from the driveway in accordance with the requirement of Telstra unless a written confirmation from Telstra accepts otherwise.
During Construction
General
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
All frontage works must match neatly with existing road and verge/footpath features. Where required, additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
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.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
Provision of the Work Health and Safety Act and such other legislation as is applicable to workplace health and safety.
Pathway and Reinstatement Works within Road Reserve
The reinstatement of the existing public pathway due to removing the exiting redundant driveways must be in accordance with the following requirements:
The reconstructed sections of pathway must match the finished texture and colour of the existing pathway along the frontage of the site.
Must comply with Standard Drawing SEQ R-065.
All paths must have a slip resistant surface.
Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth ride for cyclists.
To include any modifications or alterations to all existing surfaces, service covers and the like to ensure they finishes flush with the footpath so as not to create changes to grades or a pedestrian trip hazard.
Be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS1428 Design for access and mobility.
Site Access and Driveways
A driveway must be provided to the site in accordance with the approved plans and must comply in particular with the following:
Be in accordance with IPWEAQ Standard Drawings SEQ R-049 and SEQ R050
To have a maximum width of 5.5 metre.
To smoothly match the grades and levels of the existing concrete footpath without posing trip hazards.
Any existing service pits (eg Telstra pit) within the driveway crossover must be relocated or adjusted in accordance with the requirement the relevant service provider.
Any road sign must have a clearance of 500mm from the edge of driveway and be relocated in consultation with Council’s delegate.
The existing redundant property accesses and the full length of the redundant layback must be saw-cut and removed, and the kerb, footpath and verge area reinstated to match the existing kerb and verge treatments. The grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed or turf, and must be maintained by the developer until established.
Any damaged, irregular or substandard sections of kerb & channel must be replaced to the reasonable satisfaction of Council.
Pavement design for privately owned works must be undertaken in accordance with the relevant standards. The structural integrity and the ongoing maintenance of the crossover, driveway and parking areas will remain the responsibility of the property owner.
Earthworks
The supervising RPEQ must confirm that the earthworks are carried out in compliance with an Acid Sulfate Soil Assessment and Management Plan (as required by the relevant condition of this approval) and in manner that ensures stability of the proposed development works, and no adverse impact on the stability of adjoining properties and structures.
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development. Certification must be provided by an RPEQ and submitted to Council prior to the issue of the Certificate of Classification for the building.
Stormwater Works
Stormwater drainage works must be provided generally in accordance with the approved engineering plans and must comply in particular with following requirements:
The finished surface levels of the site must be graded and shaped to ensure that all surface runoff is collected and directed to the proposed drainage system and the street, and not directed on to any adjoining property.
Free-of-obstruction overland flow paths provided along the western boundary of the developed site including any required stormwater structure (eg box culvert) to allow for stormwater passage during rare big storm events.
The invert levels for the proposed 450X300 RCBC near the southwest corner of the site and details for suitable grates at both ends of the RCBC must be provided in consultation with the design/supervising engineer.
A construction hold point with Council’s Engineering Officer must be established once the demolition and initial clearing of the site has been completed. The developer must then have the natural surfaces of the subject property boundary and the adjacent adjoining properties be surveyed, if field survey not already carried out, to confirm the best locations for the proposed Side Entry Stormwater Grates to drain the stormwater ponding points on the adjoining properties.
Service Conduits under Existing Road
Electrical conduits and other services (including town water connection) proposed to be installed under existing sealed carriageways, concrete pathways or concrete/sealed driveways must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Erosion and Sediment Control
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Effective erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards and in accordance with the instructions and recommendations of the supervising engineer.
The applicant must ensure non-essential exposure of soil is prevented by restricting the extent of works and minimising the duration of soil exposure to adverse weather conditions. Exposed areas must be effectively stabilised without delay prior to any predicted rainfall occurring and turfed as soon as practicable.
Prior to the issue of the Certificate of Classification, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
Supervision/Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit and best engineering practices.
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to the commencement of the use. To achieve ‘On Maintenance’, the supervising RPEQ must submit to council:
Certification that all works have been undertaken and completed in accordance with the requirements of this Permit.
As Constructed details in accordance with Council’s Planning Scheme Policy
As Constructed Plans
Prior to acceptance of any civil works to become Council assets “On Maintenance”, the lodgement of a satisfactory “As Constructed” records must be submitted to Council. The “As Constructed” information must generally include:
Drawings and data certified by a qualified experienced Civil Engineer (RPEQ) for design intent, and certified by a Licensed Surveyor in regard to the cadastre and the location, level and type of all services and structures.
The data must be in accordance with Council’s (Noosa Plan) – Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks, and fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels.
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:
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.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Audit & Response Unit 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.
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.
Private Infrastructure
All private infrastructures for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority.
General Advisory Notes
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the work site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to Change an Existing Approval” under the Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6291 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
It should be noted prior to arranging a prestart meeting the Right of Appeal Period of 20 business days should have been passed or the applicant has have confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
If Council officers are required to undertake additional inspections of the same works, a reinspection fee will be applicable in accordance with Council’s Fees and Charges register applicable at the time.
A minimum maintenance period of 12 months will apply to all municipal works (eg public concrete pathway) and thereafter until such time as the works are performing in accordance with the approved design unless notifies otherwise.
General Environmental Advisory Note
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
property notes
Not Applicable.
variation approval details
Not Applicable.
further development permits required
Development Permit for Building Work (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

Wilhelm Koschade
Development Planner

Enc:	Approved Plans/Documents
Appeal Rights

Cc:	Unitywater

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
228 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.
(Refer to Schedule 1 of the Planning Act 2016)
(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.
229 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.
230 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.
231 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.

[word/footer1.xml]
Page 14 of 15

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
										Page 1 of 15

[word/footer3.xml]
Page 3 of 3

[word/header2.xml]
3

[Attachment: image3.png (image text)]
ee) NOOSA COUNCIL