Decision Notice - Council Meeting Decision MCU19 0154

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU19/0154 & OPW19/0282
Your Reference:	7181022
19 June 2020
Department of Agriculture & Fisheries &
Department of Housing & Public Works
C/- Ethos Urban
GPO Box 1268
BRISBANE  QLD  4000
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 18 June 2020, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU19/0154 & OPW19/0282
Street address:	Noosa River Holiday Park – 2-4 Russell St Noosaville
Real property description:	Lot 157 SP 143417 & Lot 131 SP 143417
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Service & Utility Type 1 Depot (Qld Boating & Fisheries Patrol Boat Shed)
Operational Works – Removal of Vegetation in a Riparian Buffer Area
currency period of approval
The Currency Period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
1.	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
2. 	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
14203437/A01.01	-	GFA drawing, previous and proposed, prepared by nra-co-lab	March 2020
NRA-05133C18	E	B&FP Complex – Proposed Site Plan, prepared by nra-co-lab	11/03/2020
NRA-05133C18-DA-4000	E	B&FP Boat Shed – Proposed Elevations N&E, prepared by nra-co-lab	2/10/2019
NRA-05133C18-DA-4000	E	B&FP Boat Shed – Proposed Elevations N&E (renderings), prepared by nra-co-lab	3/10/2019
NRA-05133C18-DA-4001	E	B&FP Boat Shed – Proposed Elevations S&W, prepared by nra-co-lab	3/10/2019
NRA-05133C18-DA-4005.1	-	West Site elevation, prepared by nra-co-lab	3/10/2019
LA1810001-100	A	Coversheet and Planting Schedule, prepared by Cardno (as annotated  by Council)	28/02/2019
LA1810001-110	A	Landscape Plan, prepared by Cardno	28/02/2019
LA1810001-200	A	Landscape Details, prepared by Cardno	28/02/2019
Currency Period
3.	The Currency Period for this development approval lapses if the use has not happened by 18 June 2026 unless an application to extend the currency period is approved by Council.
Building Height
4.	The maximum height of the development must not exceed the maximum height as reflected in the approved plans with respect with the finished ground level and the natural ground level.
Access and Parking
5.	No parking is allowed on the driveway of the adjacent Noosa River Holiday Park site.
Building Appearance
6.	The development must be finished with subdued/muted external building colours, as shown on the approval plans.
7	Roof materials must be non-reflective to minimise the visual impact of the development.
8.	Any fencing must be designed and be of a colour that blends with the environment and complements the building design.
9.	Any waste bins or air conditioning units must be suitably screened so they are not visible externally to the site.
Lighting
10.	External light sources utilised on site are limited to an external light outside the front door of the facility and a single dock light, used for a maximum for 30 minutes during operation start and finish times outside of daylight hours.
Stormwater
11.	All stormwater run-off from the new works is to be connected to the existing on-site drainage system.
DEMOLITION
Works
12.	Any demolition works must be undertaken in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste management
13.	A Waste Management Plan (demolition) must be submitted in accordance with Planning Scheme Policy 11 - Waste Management Plan and approved by Council’s Waste Coordinator prior to issue of a development permit for Building Works for demolition, removal or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free. Higher gate fees are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
a.	The areas for the storage and separation of waste shown on a site plan;
b.	A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and
c.	Table – Waste Management Table

MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Damage to infrastructure
14.	Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Litter, erosion and sediment control
15.	Litter, erosion and sediment control measures must be installed and maintained until soils are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage system (e.g. roadside gutter).
Landscaping Works
16.	The development site must be landscaped. The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
the works shown on the Approved Landscape Plans (as amended);
the removal of the existing Cocos Palm, and the planting of Archontophoenix cunninghamiana (Bangalow Palm) either 200L or  ex-ground, and guyed (staked) sufficiently in accordance with horticultural standards; and
dense landscaping to screen the bulk and scale of buildings from residences on Russell Street and the Noosa River Holiday Park.
17.	All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
18.	All landscape works must be maintained generally in accordance with the approved design for the life of the development.
OPERATIONAL WORKS
Landscaping Works
19.	Landscape works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice.
(* Refer to Advisory Note)
20.	Where damage occurs to any Council asset as a result of the development works, it must be repaired immediately where it creates a hazard that presents risk to person or property. Other damage must be repaired prior to completion of works.
21.	Landscape works must:
Comply with the approved landscape plan (as annotated).
Ensure amenity or sales signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled.
reasons for approval
The proposal upgrades facilities that are dependent on direct access to the Noosa River in order to maintain public safety.
2.	The proposed works do not intensify the existing operation, within the coastal management district and riparian buffer area.
3.	The proposal is consistent with the zoning (Community Facilities zone) in the draft Noosa Plan.

referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP 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]	Schedule 10, Part 8, Division 2, Subdivision 3, Table 2 – MCU carried out on a lot that shares a common boundary with another lot that is or contains a Queensland Heritage Place	The agency provided its response on 13 February 2020 (Reference No. 2001-14959 SRA). A copy of the response is attached

advisory notes
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All Building Works
submissions
Nil.
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,
Kerri Coyle
Manager Development Assessment

Enc:	Referral Agency Response
Appeal Rights

Approved Plans/Documents

cc.	South East Queensland (North) regional office
Mike Ahern Building, Level 3, 12 First Avenue,
Maroochydore

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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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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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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ueenstand
ovement

‘State Development,
Manufacturing,
Infrastructure and Planning

‘SARA reference: 2001-14960 SRA

CCounci reference: MCUT@I01S4, OPW1aI0282

‘Applicant reference: 7181022

13 February 2020
Chief Executive Officer
‘Noosa Shire Council
POBox 141

TEWANTIN QLD 4565
‘[email protected]

Attention: Nadine Kirtley

Dear Ms Kirley

SARA response—2 and 4A Russell Street, Noosaville
(Referral agency response given under section 58 ofthe Planning Act 2016)

‘The development application described below was confirmed as property referred by the Department of
‘State Development, Manufacturing, Infrastructure and Planning (the department) on 13 January 2020.

 

 

Response
‘Oateome: ‘Referral agency response — with conditions
Date of response: 13 February 2020
Concitions: “The conditions in Attachment 1 must be atached to any development
approval
Avie: ‘Advice tothe applicants in Attachment 2
Reasons: “The reasons forthe eferal agency response are in Attachment 3
Development details
Description: Development permit Material Change of Use — Service and
tity = Type ? Depot
‘Operational work - Vegetation clearing
{assessable against the planning scheme)
‘SARA ole: Reteral Agency
‘SARA tigger: ‘Schedule 10, Part 8, Division 2, Subdivision 3, Table 2 tem 4
(108.2321) ~ Material change of use adjoining a Quoensiand
Sau East Guero lot) eporaltce
ithe hoe auiing Cove 12 Fee avec
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‘mo-14060 SRA

heritage place (Planning Regulation 2017)

‘SARA reference: 2001-14959 SRA
‘Asgesement Manager: "Noosa Shire Counc
‘Street address: 2and 4A Russell Street, Noosaville
Real property description: Lots 191 and 157 on SPIA3417
Applicant name: Department of Housing and Public Works (Qbuild) on behalf of
‘Queensland Boating and Fisheries Patol (QBFP) Ci Ethos Urban
‘Applicant contact details: GPO Box 1268
Brisbane QLD 4000
[email protected]
Representations

 

‘Bn applicant may make representations fo a concurrence agency, at any tme betore the application =
decided, about changing @ matter in the referral agency response (s.30 Development Assessment Rules)
Copies ofthe relevant provisions are in Attachment 4.

‘A copy of ths response has been sent to the applicant for their information.

For further information please contact Javier Samanes, Senior Planning Officer, on (Q7) 4037 3237 or via
‘email SEQNorthSARA@dsdmip ald gov.au who will be pleased to assist.

‘Yours sincerely

Md

‘Susan Kidd
‘AJ Manager (Program Improvement)

22 Deparment of Housing and Pubic Works (Qbuid) on behalf of Queensland Boating and Fisheries Patol
(QBFP),[email protected]

lene Attachment 1 - Rafer ageney conditions
‘stachmant 2-Advies tothe ppcant
‘Astachmant 3- Reasons for efaral agency response
‘Astachmant 4- Representations about a referal agency response provisions
‘Aitachment §- Approved plans

Deparment of State Development, Manfachng, nfastucure ané Paning Page2ot6

 

 


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Attachment 1—Referral agency conditions

‘mr-14060 SRA

‘Under secon €6(1(b)i) of the Panning Act 2076 the folowing conditions must ba tached t any development
_2pproval eating to this application) (Copies of he plans referenced below are found at Atachment 5)

 

‘No. | Conditions

Condition timing

 

‘Material Change of Use

 

10.8.2.32.1 — Material change of use adjoining a Queensiand heritage place—The chief executive

adm

inistering the Planning Act 2016 nominates the Director-General of Department of Environment and

‘Science tobe the enforcement authority for the development to which this development approval relates
{or the administration and enforcement of any matter relating tothe following conditions):

 

1.__| The development must be undertaken generally in accordance with the

‘following plans:

+ BRFP Complex Proposed Site Pian prepared by nra-co-iab,
dated 02/09/2019, Dwwg no. NRA-05133C 18-DA.2001, Rev D;

ccolab, dated 02/10/2019, Dug no. NRA-05133C 16-DA-4000,
Reve

ccolab, dated 02/10/2019, Dug no. NRA-O5133C16-DA.4001,
Reve

‘+ BRFP Boat Shed — Proposed Elevations N&E prepared by nra-

‘+ BRFP Boat Shed — Proposed Elevations S&W prepared by nra-

* Coversheet and Planting Schedule prepared by Cardno, dated
221072018, Drawing number LA181001-100, Revision A; and

* Landscape Plan prepared by Cardio, dated 2207/2018, Drawing
‘number LA181001-110, Revision A.

Prior tothe
commencement of use
‘and to be maintained at
all times

 

Provide written notice of the commencement of the Service and Utility
= Type 1 Depot to Environmental Services and Regulation, Department

 

(of Environment and Science at [email protected] au

 

 

‘within 10 working days
‘of the commencement
‘of the material change
ofuse

 

 

Deparment of State Development, Manfachng, nfastucure ané Paning

Paget

 

 

 


[Attachment: image8.png (image text)]
‘mo-14060 SRA

Attachment 2—Advice to the applicant

 

 

General advice
1.__] Terms and phrases used in this document are defined in the Planning Act 2076 its regulation or

the State Development Assessment Provisions (SDAP) version 2°. Ifa word remains
Undefined it has its ordinary meaning,

 

 

 

 

 

Deparment of State Development, Manfachng, nfastucure ané Paning Pagedot

 

 


[Attachment: image9.png (image text)]
‘mo-14060 SRA

Attachment 3—Reasons for referral agency response
(Given under secon 257) ofthe Panning Act 2076)

 

‘The reasons for the department's decision

 

‘The development complies with State code 14: Queensland heritage of the SDAP. Specifically, the
development:

‘+ conserves cultural heritage significance forthe benefit of the community and future generations

‘+ avoids impacts on cultural heritage significance

‘+ maintains the setting and streetscape adjoining the state heritage place, and views to and from the
‘state hentage place.

‘Material used in the assessment of the application:

‘+ The development application matefial and submitted plans

‘+ Planning Act 2016

‘+ Planning Regulation 2017

‘+The SDAP (version 2), as published by the department

‘+The Development Assessment Rules

‘+ SARA DA Mapping system

Attachment 4—Representations about a referral agency response
provisions
‘cope tinertenaly nk)

 

Deparment of State Development, Manfachng, nfastucure ané Paning Pages of