APPROVED Decision Notice MCU17/0035

Officer:	Patrick Murphy
Direct Telephone:	07 5329 6436
Our Reference:	MCU17/0035
Your Reference:	02174

21 August 2017

Noosa Council
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 17August 2017, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU17/0035
Street Address:	Noosa North Shore Beach Camp Ground 240 Wilderness Trk Noosa North Shore Road 205 Noosa North Shore
Real Property Description:	Lot 1010 NPW 686 Lot 32 MCH 4399
Planning Scheme:	The Noosa Plan (28 October 2016)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Community Uses - Open Space Type 2 - Campground
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
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
D-02174-01-C		Proposal Concept Plans	24/04/2016
Use
Resident guests of the campground must not stay longer than 12 weeks in a year.
The maximum number of camp sites permitted is 200 on site at any one time.
Environmental Health
Sanitary Facilities are to be installed to the following requirements:
Unless an accommodation is fitted with a sanitary convenience, as a minimum standard provide for the exclusive use of the park occupants separate sanitary conveniences for each sex in accordance with the table below; and
No. of sites	No. of water closets and pans for females	No. of water closets and pans for males	Length of urinals for males
Up to 40	1 for every 12 sites of part thereof	1 for every 15 sites or part thereof	0.6m
Above 40	An additional 1 for every 20 sites or part thereof	An additional 1 for every 20 sites or part thereof	0.6m for every 40 sites or part thereof
Sanitary facilities must be located generally in the locations shown on the approved plan and at least 6 metres from any camp site.
Where 10 or more water closet fixtures are provided, ensure that at least 1 such closet fixture and its compartment or cubicle is constructed, equipped and provided with access in accordance with AS1428, Code of Practice for Design Rules for Access by the disabled; and
Ensure all sanitary conveniences are constructed to ensure privacy to the satisfaction of an authorized person; and
Ensure shower facilities are installed:
With separate drainage points for the discharge of water into the drainage system; and
In a separate compartment or cubicle which is constructed to ensure privacy to the satisfaction of an authorized person; and
Provide for suitable laundry facilities including laundry tubs, washing machines and clothes lines in a centrally located area; and
Provide sewage or a drainage system in conformity with the requirements of the local government for the carrying off and disposal of all wastes from every water closet fixture, urinal, ablutionary facility, laundry facility and site; and
Provide waste water disposal points throughout the site which are:
Provided with a water stand pipe; and
Provided with an impervious paved area measuring not less than 1m x 1m and graded to a central drainage inlet which is connected to sewage or drainage system.
Retention of Existing Trees
Existing trees on the site and in the road reserve must be assessed by a qualified arborist and retained and protected where possible. Where mature trees are to be removed, reasonable grounds must be given by the qualified arborist. Any tree removed must be replaced with similar suitable tree species as part of the restoration of the overall site.
In order to protect existing vegetation and natural habitat values, waste water must not be disposed of on-site and must be collected and appropriately treated or disposed of off-site.
Pest plant species, including “Undesirable species” as listed in Planning Scheme Policy 3 Landscaping Plants and Guidelines and Noosa Council’s Pest Management Plan as amended from time to time, must be controlled on site.
Bushfire and Natural Hazards
The development must be carried out in accordance with section 6 of the Bushfire Risk Assessment and Bushfire Risk Management Plan for the Noosa North Shore Beach Campground Upgrade Revision 1 March 2017 prepared by Ecological Natural Area Management.
A copy of the Bushfire Risk Assessment and Bushfire Risk Management Plan for the Noosa North Shore Beach Campground Upgrade Revision 1 March 2017 prepared by Ecological Natural Area Management must be provided to the nearest fire authority.
The development must be carried out in accordance with the Bushfire Risk Assessment and Bushfire Risk Management Plan for the Noosa North Shore Beach Campground Upgrade Revision 1 March 2017 prepared by Ecological Natural Area Management.
Vegetation Management
Works within Protected Land
The following works must be undertaken within the land generally located east of the site and to the north of the site to remedy historic camping encroachment on the dune system.
Restoration of the cleared areas of the dune system to a natural state similar to dune vegetation structure found at immediately north of the Third Cutting.
Restoration works must occur between the latitudes of -26.3307 and -26.3357.
The establishment of restoration works must commence within 12 months from date this development permit takes effect.
Restoration establishment works must be successfully completed within 36 months from date this development permit takes effect.
The restoration works must be maintained in good order for the life of the development.
Public access from the camp ground, through the esplanade, to the beach must be controlled to prevent disturbance to the restoration area.
Fencing to Protected Land
A permanent fence must be constructed along the entire length of the eastern interface of the site. The fence must be constructed to protect the esplanade from public access generally in accordance with the alignment on the approved plan and include:
Controlled beach access points;
Signage promoting the restoration works.
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.

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.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Not Applicable
self assessable codes
Advertising Devices Code
submissions
There were 2 properly made submissions about the application. In accordance with Sustainable Planning Act 2009, the name and address of the principal submitter for each properly made submission is provided and attached.
reasons/grounds for approval
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”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
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

Kerri Coyle
Manager, Development Assessment

cc	Unitywater

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]

Enc:
Approved Plans/Documents
List of Submitters
Appeal Rights

	List of Submitters SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

Only Properly Made Submissions are to be included in this notice (s335 (1) (l))

Author	Address1	Address2
Trevor Coad	PO Box 70 TEWANTIN QLD 4565	[email protected]
Steven Chamberlain		[email protected]

	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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