SUPERSEDED Approved Decision Notice MCU11/0254

Officer:	Marcus Brennan
Direct Telephone:	07) 5449 5225
Fax:	(07) 5475 7277
Our Reference:	MBB:ae:MCU11/0254
Your Reference:	11396
20 August 2012

Canto Holdings Pty Ltd Tte
C/- KHA Development Managers
PO Box  6380
MAROOCHYDORE BC  QLD  4558

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009

I refer to your application and advise that on 17 August 2012, Council decided to approve the application in full subject to conditions.

Details of the decision are as follows:

1.	APPLICATION DETAILS

Application No:	MCU11/0254
Street Address:	60 Hofmann Dr NOOSAVILLE  QLD  4566
Real Property Description:	Lot 4 SP 222982
Planning Scheme:	The Noosa Plan (8 August 2011)

2.	DECISION DETAILS

The following type of approval has been issued:
Development Permit for Material Change of Use - Multiple Housing Type 4 Conventional (30 small dwelling units)

3.	RELEVANT PERIOD OF APPROVAL

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

4.	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 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 prior to the issue of any Development Permit for Operational Works

Nature and Extent of Approved Use
The approved use over the site is for 30 x 2 bedroom small dwelling units.

Building Height
The maximum height of the development must not exceed 8 metres above the natural and finished ground level except for a small portion of Unit 19 as indicated on the Approved Plans.

Certification must be submitted to Council from a Licensed Surveyor which certifies that the height of the development is in accordance with Condition 4.

Fencing and Walls
Any street fencing must be setback 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.

Building Appearance
Characteristics including large overhangs to the street facing elevations, timber features and tones, large windows and openings, sunhoods, aluminium blades, panalisation and a variety of textured facades as identified on the approved plan titled 3D Coloured Renders 1 of 3 must be retained in the construction of the units.

All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.

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 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.

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

ENGINEERING

Access and Driveways
A sealed access driveway must be provided from Hofmann Drive to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include a driveway crossover in accordance with IPWEAQ standard drawing R-051 with a maximum width of 6 metres at the property boundary.

Car Parking
Each dwelling unit must be provided with 1 carparking space in accordance with the approved plans of this permit.

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.

Service Vehicles
Service vehicle parking, manoeuvring and standing spaces must be provided on the site. The works must be undertaken in accordance with an Operational Works approval.

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 the Queensland Urban Drainage Manual.

Stormwater Quality Management
A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and the latest version of the Water Sensitive Urban Design Technical Design Guidelines for South East Queensland, and must include in particular:

Stormwater quality treatment devices of a size and location generally in accordance with those shown in Appendix A – Site Drainage Layout and Detail of the of the Site Based Stormwater Management Plan listed in this Decision Notice.
Bioretention devices which:
are designed generally in accordance with IPWEQA Standard Drawing No. WSUD-001;
incorporate a coarse sediment forebay (in addition to the required filter media surface area), which is sized in accordance with the latest version of the Water Sensitive Urban Design Technical Design Guidelines for South East Queensland and designed generally in accordance with IPWEQA Standard Drawing No. WSUD-005;
have safe, unobstructed and all weather access from the road frontage for maintenance purposes, particularly for the coarse sediment forebay;
are provided with a high flow bypass to ensure that flows which exceed the treatment capacity of the device are bypassed in order to avoid damaging of the filter media or subjecting the filter media to excessive sediment loads; and
are provided with a free-draining outlet from the sub-soil drainage system.

All stormwater quality treatment devices must be maintained in accordance with a Maintenance Manual prepared for the development by a qualified person and referenced in a Development Permit for Operational Works.  The Maintenance Manual must include:
a plan showing the location of the individual components of the system;
manufacturer’s data and product information sheets for any proprietary products;
location of inspection and monitoring points shown clearly on the plan; and
a schedule or timetable for the proposed regular inspection, maintenance and monitoring of the devices.

Records of all maintenance activities undertaken must be kept and made available to Council upon request.

Permanent educational signage must be erected to educate the residents of the development about the function of the bioretention device(s).  The dimensions, standard, presentation and location of the educational signage must be in accordance with an Operational Works approval.

Rainwater Harvesting
Operating rainwater collection tanks must be provided for the development. The tanks must be provided in accordance with an Operational Works approval and must include in particular:

the details identified in section 2.0 Water Cycle Management of the Site Based Stormwater Management Plan listed in this Decision Notice.
a total tank capacity of 90,000 litres
a rainwater collection catchment of 60% of the building roof area
re-use of harvested rainwater for internal non-potable uses and outdoor uses.

Certification must be submitted from a qualified person which certifies that the rainwater collection tanks and associated reticulation have been installed in accordance with the requirements of this Decision Notice.

Acid Sulfate Soils
All works must be carried out in accordance with an Acid Sulfate Soil and Groundwater Management Plan for the development prepared by a qualified person and referenced in a Development Permit for Operational Works.

All waters, including stormwater runoff, groundwater seepage and leachate from acid sulfate soils must achieve the following quality prior to release from the site:
a pH range of 6.5-8.5 pH units;
50mg/L maximum  total suspended solids concentration;
0.3mg/L maximum total iron concentration;
0.2mg/L maximum total aluminium concentration; and
no visible plume at either the point of release from the site or within a waterway.

Water and Sewerage
Construction activities must not impede the access of Unitywater or Fire Brigade personnel to vital infrastructure (eg. Valves, fire hydrants and sewer access chambers).

The fire-fighting demand on Unitywater’s water supply system from the development must not exceed 15 litres per second.

A single Unitywater installed primary water meter must be provided immediately inside the property boundary. Additional water meters must be installed for each title of a community title or sub-lease scheme. Meters must be Unitywater approved, installed in accordance with Unitywater requirements and remain accessible at all times for reading and maintenance purposes.

Water meters must be located on alternative boundaries to electrical pillars.

Buildings and other structures must maintain a minimum clearance of 1.5 metres from Unitywater sewer mains, and 1.0 metre from sewer manhole chambers and the sewerage inspection opening.

The level of the existing sewer manhole and sewer inspection opening must be adjusted to suit the proposed finished surface levels. Where the existing sewerage inspection opening point is located within a sealed or concreted parking area, a brass cap is required to be fitted. Work must be undertaken by Unitywater at the applicants cost.

Storm water retention systems and gross pollutant traps must maintain a minimum clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure.

Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature and suitable approved varieties.

Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.

Earthworks and Retaining Walls
All fill and associated batters must be must be undertaken in accordance with an Operational Works approval, 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.

Damage to Services and Assets
Any damage caused to existing services and assets above or below the ground must be repaired:
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.

ENVIRONMENT & LANDSCAPE
Landscaping Works
The development site must be landscaped. The works must be undertaken in accordance with an Operational Works approval and the Planning Scheme Policy 3 Landscaping Plants and Guidelines (The Noosa Plan) and must include in particular:
the works generally as shown on the approved Landscape Concept Plan, LCP01, 2 December 2011;
provision an access track, uncompromised by infrastructure items, adjacent to the south eastern boundary of the site;
the exclusion of undesirable species as listed in Table 9.1 of Planning Scheme Policy 3 Landscaping Plants and Guidelines (The Noosa Plan);
the exclusion of any plants species listed by Queensland Herbarium as possessing weed characteristics in the South Eastern Queensland area; and
Reference to the bushfire management requirements associated with the land.

All landscape works must be established and maintained in accordance with horticultural best practice with construction techniques and irrigation that allow for 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.

A permanent reference fence must be installed along the length of the interface of the site with the adjacent bushland reserve (5SP222982). The reference fence must be provided in accordance with an Operational Works approval and must include permanent non-combustible posts at each change in direction and at intervals of no greater than 10m to delineate the property boundary.

An easement for maintenance access purposes must be registered against the title of the property in favour of Council over the pathway along the south eastern boundary of the site.

The easement must be granted at no cost to Council.

Draft easement documentation must be submitted to Council for endorsement.

An Environmental Awareness and Education Brochure must be prepared and provided to all purchasers with the contract of sale.  The brochure must provide educational information regarding the significance of the adjacent bushland reserve and the potential negative impacts that may result from some resident activities such as the keeping of domestic pets, the disposal of green wastes, and etc.

Any domestic cats kept on the property must be permanently confined within buildings and/or cat enclosures for the purpose of protecting proximate wildlife.

Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the bushfire management requirements associated with the lot and surrounding bushland.

A bushfire evacuation plan for the site must be prepared by a qualified person* and submitted to Council prior to the issue of any Development Permit for Operational Works.
*(Refer to Advisory Note)

A copy of the bushfire evacuation plan for the development must be provided to the nearest fire authority

Refuse storage, removal and collection facilities must be provided in accordance with the following:
provision of a minimum of 8 bulk bins for the site, each having a capacity of 1.1 m3;
provision of separate bulk bins for general and recyclable waste for the site.
collection by service vehicles from within the site only, and not from the kerbside;
provision of a communal hardstand impervious area for the permanent storage location and service collection of all bulk bins, having minimum dimensions of 1.5 m2 (1100mm x 1300mm) per bin
in a location that is either no closer than 3m to any dwelling unit, or where this is proposed to vary, suitable screening and design changes are made to the satisfaction of Council’s Environment officer to ensure the amenity of Unit 25 will not be impacted upon;
provision of a 1.8m high purpose built enclosure to the communal bin store, which is screened from the street and adjoining properties by landscaping; and
provision of a wash-down area in the vicinity of the permanent storage location fitted with a hosecock and a drain lawfully connected to the sewer that has a stormwater catchment area of no more than 1m2.

Any fixed plant and equipment that causes either tonal (Leq) sound (e.g. from basement car-park exhaust, air conditioning unit or pool filtration unit), or impulse (Lmax) sound, must be enclosed, shielded and/or positioned to ensure that sound pressure does not exceed the following levels for habitable rooms within dwellings:

40 dB(A) Leq for living and work areas
35 dB(A) Leq for sleeping areas
45 dB(A) Lmax for all areas

Note: Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with Australian Standard AS1055.1 “Acoustics – Description and measurement of environmental noise – General procedures”.

Certification must be submitted from a qualified person which certifies that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice.

Lighting associated with the use must be designed, sited, installed and tested to comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting” using a control level of 1.

5.	REFERRAL AGENCIES

The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response
Advice	Department of Environment and Resource Management
GPO Box 2454  BRISBANE  QLD  4001	Wetlands	The agency provided its response on 6 January 2012 (Reference No SPAR03690812

6.	APPROVED PLANS

The following plans are Approved plans for the development:

Approved Plans
Plan No.	Rev.	Plan Name	Date
Sheet 3/28	B	Unit Block A Ground Floor Plan, prepared by Reitsma	30/03/12
Sheet 4/28	B	Unit Block A First Level Floor Plan, prepared by Reitsma	30/03/12
Sheet 5/28	B	Unit Block A Elevations A + B, prepared by Reitsma	30/03/12
Sheet 6/28	B	Unit Block A Elevations C+D, prepared by Reitsma	30/03/12
Sheet 7/28	B	Unit Block B1 Ground Level Floor Plan, prepared by Reitsma	30/03/12
Sheet 8/28	B	Unit Block B1 First Level Floor Plan, prepared by Reitsma	30/03/12
Sheet 9/28	B	Unit Block B1 Elevations A + B, prepared by Reitsma	30/03/12
Sheet 10/28	B	Unit Block B1 Elevations C + D, prepared by Reitsma	30/03/12
Sheet 11/28	B	Unit Block B2 Ground Level Floor Plan, prepared by Reitsma	30/03/12
Sheet 12/28	B	Unit Block B2 First Level Floor Plan, prepared by Reitsma	30/03/12
Sheet 13/28	B	Unit Block B2 Elevations A + B, prepared by Reitsma	30/03/12
Sheet 14/28	B	Unit Block B2 Elevations C + D, prepared by Reitsma	30/03/12
Sheet 15/28	B	Unit Block C Ground Floor Plan, prepared by Reitsma	30/03/12
Sheet 16/28	B	Unit Block C First Floor Plan, prepared by Reitsma	30/03/12
Sheet 17/28	B	Unit Block C Elevations A + B, prepared by Reitsma	30/03/12
Sheet 18/28	B	Unit Block C Elevations C + D, prepared by Reitsma	30/03/12
Sheet 19/28	B	Unit Block D Ground Floor Plan, prepared by Reitsma	30/03/12
Sheet 20/28	B	Unit Block D First Level Floor Plan, prepared by Reitsma	30/03/12
Sheet 21/28	B	Unit Block D Elevations A + B, prepared by Reitsma	30/03/12
Sheet 22/28	B	Unit Block D Elevations C + D, prepared by Reitsma	30/03/12
Sheet 23/28	B	Unit Block D General Section 01a, prepared by Reitsma	30/03/12
Sheet 24/28	B	Unit Block D General Section 01b, prepared by Reitsma	30/03/12
Sheet 25/28	B	Unit Block D General Section 2, prepared by Reitsma	30/03/12
Sheet 26/28	A	3D Colour Renders 1 of 3, prepared by Reitsma	-

Plans Requiring Amendment
Plan No.	Rev.	Plan Name	Date
Sheet 2/24	B	Supplementary Site Plan, prepared by Reitsma	-
Amendments	Visitor car space VP-01 must be removed and dedicated as landscaped area.

7.	REFERENCED DOCUMENTS

The following documents are referenced in the assessment manager conditions:
Referenced Documents
Document No.	Rev.	Document Name	Date
SC-3395	-	Site Based Stormwater Management Plan, prepared by Empire Engineering	29/11/11
LCP01	-	Landscape Concept Plan, prepared by Anembo Consultants	02/12/11

8.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

PLANNING

Infrastructure Charges
This Development Permit may trigger an “Adopted Infrastructure Charge Notice” (if applicable) 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
From 1 January 2000, the Building and Construction Industry (Portable Long Service Leave) Levy must be paid prior to the issue of a development permit where one is required for the 'Building and Construction Industry'.  This applies to Building Works, Operational Works and Plumbing and Drainage Works applications, as defined under the Sustainable Planning Act 2009, where the works are $80,000 or more and matching the definition of 'Building and Construction Industry' under the Building and Construction Industry (Portable Long Service Leave) Act 1991. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.  Should you require clarification in regard to the amendments to the Building and Construction Industry (Portable Long Service Leave) Act 1991, you should contact QLeave on 1800 803 481 (free call) or (07) 3212 6855.

Co-ordination of Operational Works Assessment
To assist Council to undertake an integrated assessment of the operational works application, all aspects of the works must be included in one (1) application and be in accordance with Council’s planning scheme. Additional application fees apply to 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
The works identified in this Decision Notice will be required to be carried out in accordance with a Construction Management Plan endorsed by Council through an approval for Operational Works.   To ensure expedient assessment of any Operational Works application, the applicant is advised to submit a preliminary Construction Management Plan that addresses the requirements of the planning scheme.  In particular, the preliminary Construction Management Plan should address the following:
provisions that ensure the proposed construction does not unduly impact on the surrounding area and ensure the site is safe for members of the public, implementing appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and making provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the 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
approval of the Traffic Management Control Plan by the Department of Main Roads (DMR) for any works on State controlled roads
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 agreed construction times, impacts on traffic and services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
it is acknowledged that the Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.

Hydraulics & Water Quality
For the purpose of preparing a Maintenance Manual for stormwater quality treatment devices, a qualified person is considered to be a Registered Professional Engineer of Queensland (RPEQ).
For the purpose of certifying the design of rainwater collection tanks, a qualified person is considered to be a Registered Professional Engineer of Queensland (RPEQ).
For the purpose of preparing an Acid Sulfate Soil and Groundwater Management Plan, a qualified person is considered to be either:
a Registered Professional Engineer of Queensland (RPEQ); or
a soil scientist with a minimum of 5 years experience in the field of acid sulfate soils.

Lawful Point of Discharge
The applicant is advised that a lawful point of discharge for the development will need to be determined and demonstrated as part of a detailed design solution included with the Operational Works application.

Unitywater
Connection to Unitywater live water mains and the Unitywater live sewer system must be undertaken by Unitywater at the applicants cost.
A Trade Waste permit is required prior to any stormwater, groundwater or sump pump discharge into Unitywater’s sewerage system.

ENVIRONMENT

For the purpose of preparing a Bushfire Management Plan, and for certifying compliance with the bushfire requirements of this Decision Notice, a qualified person is considered to be an ecologist with a minimum of 3 years current experience in the field of bushfire assessment and management.

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 operational phases of this development, are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm. Environmental harm is defined by the Act as any adverse affect, or potential adverse affect whether temporary or permanent and of whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance.  Therefore, no person should cause any interference with the environment or amenity of the area by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of the administering authority to cause undue disturbance or annoyance to persons or affect property not connected with the use.

In accordance with the Public Health Act 2005, rainwater tanks must be constructed with mosquito proof screens (made from either brass, copper, aluminium or stainless steel), and constructed with a mesh size of no more than 1mm, and must be installed in a way that does not accelerate corrosion. Tanks that contain flap valves must be installed so that when closed, mosquitoes cannot pass through the valve. It is unlawful under the Public Health Act 2005 to construct, install or be in possession of a tank that does not comply with these requirements.

The applicant is advised to ensure that during the detailed building design and construction phase, including the design, selection and installation of fixed plant and equipment, A/C units and refrigeration plant, mechanical exhausts, acoustic enclosures/plant rooms and the like, that the ongoing advice and design input of a qualified acoustic consultant is sought and implemented to ensure that the operation of such plant and equipment complies with statutory and planning noise limits. Mechanical plant and equipment must be provided with appropriate acoustic enclosures/screening and located away from adjacent noise sensitive premises.

GENERAL

Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth); and
Anti-Discrimination Act 1991 (Queensland).
Sunshine Coast Regional Council recommends that the following matters be considered to address equitable access and facilities in the building:
the building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS 1428.2;
applicants should be aware that a “Disability Standard on Access to premises” is currently being developed and most likely will impose changes on the Building Code of Australia; and
any services and facilities in the building complex should allow independent, dignified and equitable use of the services and facilities for all people.

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.
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 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 Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.

9.	PROPERTY NOTES

Not Applicable

10.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable

11.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Operational Works (Sewerage Works, Carparking, Driveways, Stormwater Drainage Works and Landscaping)
Development Permit for Building Works

12.	SUBMISSIONS

There were no submissions about the application.

13.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable

14.	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.)

15.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.

Yours faithfully

Kerri Coyle
Coordinator Planning Applications North

Enc:	Appeal Rights
Adopted Infrastructure Charge Notice
Approved Plans/Documents

	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.

	MCU11/0254

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