SARA referral Response

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Document Set ID: 20103451
Version: 1, Version Date: 25/07/2016

MCU15/0111

SDA-121S-02€753,
Additional Retirement Dwellings); and

Development Permit for Reconfiguring a Lot — 4 Lots into 3
Lots

Aspects of development and type of approval being sought

 

 

Nature of Approval Brief Proposal of Description Level of
Development Type Assessment
Material Change of | Development | Material Change of Use for Impact Assessment

Use Permit Multiple Housing Type 3 —

Retirement and Special Needs
for an additional 56
independent dwelling units
(220 total) and Aged Care (120
bed) and Ancillary Facilities.

Reconfiguring a Lot | Development | 4 Lots into 3 Lots Code Assessment
Permit

 

 

 

 

 

 

 

Referral triggers

 

The development application was referred to the department under the following provisions of
the Sustainable Planning Regulation 2009:

Referral trigger Schedule 7, Table 3, Item 1—State-controlied road

Schedule 7, Table 3, Item 2—Development impacting on state-
transport infrastructure

Conditions
Under section 287(1}(a} of the Sustainable Planning Act 2009, the conditions set out in
Attachment 1 must be attached to any development approval

Reasons for decision to impose conditions
Under section 289(1) of the Sustainable Planning Act 2009, the department must set out the
reasons for the decision to impose conditions. These reasons are set out in Attachment 2

Further advice
Under section 287(6) of the Sustainable Planning Act 2009, the department offers advice about
the application to the assessment manager—see Attachment 3

Approved plans and specifications
The department requires that the following plans and specifications set out below and in
Attachment 4 must be attached to any development approval

 

 

 

 

 

 

Drawing/Report Title Prepared by Date Reference | Version‘Issue
no.
Aspect of development: material change of use
Site Plan - Option 4 Interworks 21/08/2015 Dwg No. 01.1
Architects
Noise impact Assessment | ASK Consulting 10/02/2016 7617RO1V02
Engineers Pty Ltd
External Works Functional | Calibre Consulting | 08/01/2016 15-001261- Issue B

 

Layout Plan Pearsons

 

 

 

 

 

Deoarenent of Infrastructure Loca’ Government and Planning Page 2

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SDA12 18-0273

 

 

 

 

Road Intersection (QLD) Pty Lid RFO2
External Works Functional | Calibre Consulting | 08/01/2016 15-001261- Issue B
Layout Pian Lamonts (QLD) Pty Ltd RFO1
Road
Concept Stormwater Calibre Consulting | November B14158.W-
Management Plan (QLD) Pty Ltd 2015 034
{SWMP)
Traffic Impact Assessment | Calibre Consulting | February B14158.ERO2
(QLD) Pty Ltd 2016

 

 

 

 

 

 

 

A copy of this response has been sent to the applicant for their information

For further information, please contact Danica Clark, Senior Planning Officer, SARA Wide Bay
Bumett on (07) 4331 5619, or email [email protected] who will be pleased to assist

Yours sincerely

 

Sarah Doring

A/Manager (Planning)
ec: Paim Lake Works Pty Ltd, [email protected]
enc: Attachment 1—Conditions to be imposed

Attachment 2—Reasons for decision to impose conditions
Attachment 3—Further advice
Attachment 4—Approved Plans and Specifications

Department of Infrastructure. Local Government and Planning Page 3

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MCU15/0111
SDA-1218-02€753
Ourreference. SDA-1216-026793
Your reference: MCU15/0111 & RECTE/0031
Attachment 1—Conditions to be imposed
No. Conditions Condition timing

 

Development Permit for Material Change of Use — Multiple Housing Type 3 — Retirement and
Special Needs (56 Additional Retirement Dwellings)

State-controlled road / development impacting on state-transport infrastructure—Pursuant to
section 255D of the Sustainable Planning Act 2009, the chief executive administering the Act
nominates the Director-General of the Department of Transpor and Main Roads to be the
assessing authority for the development to which this development approval relates for the
administration and enforcement of any matter relating to the following conditions:

 

 

1 The development must be carried out generally in accordance | Prior to the

 

with the following plans: commencement of
* Site Plan — Option 4 prepared by Interworks Architects | use and to be
dated 21/08/2015, reference Dwg No. 01.1. Manveanest at all
2 The development must be generally in accordance with the Prior to the
Noise Impact Assessment prepared by ASK Consulting commencement of
Engineers Pty Ltd dated 10/02/2016, reference 7617R01V02 use and to be
in particular: maintained at all

* 2.1 metre noise barrier at the location shown in Figure | times.
6.1- Recommended Acoustic Barrier: and

« The barrier must be designed and constructed in
accordance with the Department of Transport and Main
Roads Road Traffic Noise Management Code of
Practice and Technical Standards MRTS15.

 

3 (a} The applicant must provide a bus stop pair and (a) - (c)
pedestrian crossing facility as shown as ‘Future Bus Prior to the
Lane’ (northbound) and ‘Translink Standard Bus Stop’ commencement of
(southbound) on the External Works Functional Layout use.

Plan Pearsons Road Intersection, prepared by Calibre
Consulting (QLD) Pty Ltd dated 08/01/2016, referenced
15-001261-RFO2 Issue B.

Each bus stop must be in accordance with the Disability
Standards for Accessible Public Transport 2002 made
under subsection 31(1) of the Disability Discrimination
Act 1992 and include the following components in
accordance with the Department of Transport and Main
Roads Translink Public Transport infrastructure Manual
2015:

(i) all mandatory components for an ‘intermediate stop’
detailed in Section 5.7 - ‘Bus stop components’ of
Chapter 5 — ‘Bus stop infrastructure’;

(ii) a J Pole sign in accordance with Figure 5.11 - ‘Bus
stop identification markers’ and Table 5.9 - ‘Stop
signage/stop marker’ of Chapter 5 - ‘Bus stop
infrastructure’, and Sign Type IS-10b ‘Bus Stop — J
Pole Sign (TransLink)' section 4.26.2 of the Signage

(b)

 

 

 

 

 

Department of infrastructure Local Government and Planning Page 4

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Document Set ID: 20103451
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MCU15/0111

 

 

No.

Conditions

Condition timing

 

Manual — Bus Network Infrastructure, TransLink
Division, Department of Transport and Main Roads,
September 2014;

{iii) an indented bus stop for a single unit rigid bus of
12.5 metres in length in accordance with Section
5.6.3.1 - ‘Bus stop length requirements’ and ‘Table
5.7: Bus Stop Length Requirements’ of Chapter 5 -
‘Bus stop infrastructure’,

{iv) a boarding point in accordance with ‘intermediate
Stop - Site Layout - With Indented Bus Bay’, DRG
§-0022 of Appendix 5-B - ‘Layout and technical
drawings’ with shelter to be provided in accordance
with the standards of Noosa Shire Council (Noosa
Council Custom Design Rural Bus Shelter as per
development approval 132007.2398.02).

RPEQ certification must be provided to the North Coast
District Development Assessment Team within the
Department of Transport and Main Roads, confirming
that the development has been designed and
constructed in accordance with parts (a) and (b) of this
condition.

(c

 

(a

The development must be in accordance with the
Concept Stormwater Management Plan (SWMP)
prepared by Calibre Consulting (QLD) Pty Ltd dated
November 2015, reference B14158 W-03A.

RPEO certification with supporting documentation must
be provided to the North Coast District Development
Assessment Team within the Department of Transport
and Main Roads, confirming that the development has
been designed and constructed in accordance with part
(a) of this condition

(b

(a) Atall times.

(b) Prior to the
commencement
of use.

 

 

 

{a

Road works comprising:

{i) Pearsons Road/Elm Street (Cooroy Connection Road)

intersection:
¢  Channelised right turn treatment (CHR) and;

« Auxiliary left turn treatment (short) (AUL(s)) and:

* Pedestrian crossing facility including necessary
overhead lighting
must be provided generally in accordance with External

Works Functional Layout Plan Pearsons Road Intersection

prepared by Calibre Consulting (QLD) Pty Ltd dated
08/01/2016 referenced 15-001261-RFO2 Issue B; and

(ii) Lamonts Road/Eim Street (Cooroy Connection Road)

intersection:
« Channelised right tum treatment (CHR); and
« Auxiliary Left tun treatment (short) (AUL(s))
must be provided generally in accordance with Extemal

Works Functional Layout Plan Lamonts Road intersection

prepared by Calibre Consulting (QLD) Pty Ltd dated
08/01/2016 referenced 15-001261-RFO01 Issue B.

 

(a) and (b) Prior to
the commencement
of use.

 

 

Deparment of Infrastructure Local Government and Planning

Page §

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MCU15/0111

SOA 121026783

 

No.

Conditions

Condition timing

 

(b) The road works must be designed and constructed in
accordance with the Department of Transport and Main
Roads Road Planning Design Manual

 

 

 

Direct access is not permitted between the Cooroy Connection
Road and the subject site.

 

At all times.

 

 

Departnent of Infrastructure. Loca’ Government and Plansing

Page é

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MCU15/0111

218-026783

 

Ourreference: SDA-121§-026793
Your reference: MCU15/0111 & REC16/0031

Attachment 2—Reasons for decision to impose conditions

 

The reasons for this decision are:

« To ensure the development is carried out generally in accordance with the plans of
development submitted with the application.

« To ensure the road works on, or associated with, the state-controlled road network are
undertaken in accordance with applicable standards.

« To provide, as far as practicable, public passenger transport infrastructure to suppor public
passenger services.

« To ensure that the impacts of stormwater events associated with development are
minimised and managed to avoid creating any adverse impacts on the state-transport
corridor.

* To ensure access to the state-controlled road from the site does not compromise the safety
and efficiency of the state-controlled road direct access ta the state-controlled road is
prohibited where not required

Deoarmment of Infrastructure. Loca Government and Planning Page 7

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MCU15/0111

 

Our reference: SDA-1215-028763
Yourreference: MCU15'0111 & REC16/0031

Attachment 3—Further advice

 

General advice

 

1 For compliance purposes in relation to conditions 3 and 4 of this concurrence agency
response, the North Coast District Development Assessment Team within the
Department of Transport and Main Roads can be contacted on (07) 5451 7055 or via
email at North [email protected]

Piease quote the Department of Transport and Main Roads reference number: TMR16-
016077.

On site taxi facility

The pick-up/drop-off area shown on Site Plan, prepared by Interworks Architects, dated
21/08/2015, DWg No. 01.1 should be designed to ensure that it is capable of
accommodating at least one taxi suitable for use by people with disabilities in
accordance with the following:
¢ Disability Standards for Accessible Public Transport 2002 - subsection 31(1) of
the Disabitity Discrimination Act 1992;
« AS1428.1-Design for Access and Mobility, and
« AS2890.6 - Parking Facilities, Part 6: Off-street parking for people with
disabilities.

 

to

 

3 Transport noise corridor

Mandatory Part (MP) 4.4 of the Queensland Development Code (QDC) commenced on
1 September 2010 and applies to building work for the construction or renovation of a
residential building in a designated transport noise corridor. MP4.4 seeks to ensure that
the habitable rooms of Class 1, 2, 3 and 4 buildings located in a transport noise corridor
are designed and constructed to reduce transport noise. Transport noise corridor means
land designated under Chapter 8B of the Building Act 1975 as a transport noise corridor.
A free online search tool can be used to find out whether a property is located in a
designated transport noise corridor.

This tool is available online at:

http://spp .dsdip esriaustraliaonline.com.au/geoviewer/map/planmaking.

This tool allows searches on a registered lot number and/or property address to
determine whether and how the QDC applies to the land

 

Further development permits, compliance permits or compliance certificates

 

4 Road works approval

Under section 33 of the Transport Infrastructure Act 1994, written approval is required
from the Department of Transport and Main Roads to carry out road works on a state-
controlled road. Please contact the North Coast District Development Assessment
Team of the Department of Transport and Main Roads via
[email protected] (or phone (07) 5451 0755) to make an application for
road works approval

This approval must be obtained prior to commencing any works on the state-controlled
road reserve. The approval process may require the approval of engineering designs of
the proposed works, certified by a Registered Professional Engineer of Queensland
(RPEQ). The road works approval process takes time — please contact the Department
of Transport and Main Roads well in advance to ensure that gaining approval does not

 

 

 

 

Department of infrastructure. Loca’ Government snd Planning Page &

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MCU15/0111

SDA-121E-L2€783,

 

delay construction.

 

on

Bus stop compliance

To ensure compliance with Condition 3 of this concurrence agency response, the
applicant is requested to provide the detailed design of the bus stop pair to the
TransLink Division of the Department of Transport and Main Roads for endorsement
prior to construction or any works commencing. Please contact the TransLink Division
by phone (07) 3851 8700 or via email at [email protected]

TransLink’s Public Transport Infrastructure Manual May 2012 is available at:
http:/Atranslink.com.au/about-translink/what-we-do/public-transport-pianning.

The northbound bus stop should maintain an adequate clearance from the maintenance
access gates for the North Coast Line railway.

 

6 Stormwater Compliance

The Stormwater Report with detailed stormwater management design should be
submitted to the North Coast District Development Assessment Team of the Department
of Transport and Main Roads for review and endorsement prior to obtaining operational
works approval associated with bulk earthworks, stormwater or drainage is sought or
construction commences.

Please quote the Department of Transport and Main Roads reference number: TMR16-
016077.

The review and endorsement of the stormwater management design, will ensure that the
detention basin and stormwater management system complies with the requirements of
this condition and achieves a “no worsening” outcome.

 

 

 

 

Deoartnest of Infrastructure. Loca’ Government and Planning Page 2

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MCU15/0111

 

Our reference: SDA-1 '-026793
Yourreference: MCU15/0111 & REC16/0031

 

Attachment 4—Approved plans and specifications

Department of Infrastructure Loca’ Government and Planning Page 10

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MCU15/0111

 

 

 

 

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TOTAL SITE AREA 20 238m?
TOTAL GFA 8 950m?

TOTAL RESIDENTS ROOMS
120

TOTAL CARPARKS 91
IMPERMEABLE AREA
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MCU15/0111

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MCU15/0111

   
 

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MCU15/0111

_@ | NOOSA Bobi

ee | COUNCIL

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)

(2)

(3)

462
(1)

(2)

(3)

Document Set ID: 20103451

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
application.

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.

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.

refusal of the development

Appeals by submitters—general

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.

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.

However, a submitter may not appeal if the

submitter—

(a) withdraws the submission
application is decided; or

(b) has given the assessment manager a notice
under section 339(1)(b)(ii).

before the

Version: 1, Version Date: 25/07/2016

(4)

463

(1)
(2)

(3)

(4)

464
(1)

(2)

(3)

(4)

465

(1)

SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009

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.

Additional and extended appeal rights for
submitters for particular development
applications

This section applies to a development application to

which chapter 9, part 7 applies.

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.

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.

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).

Appeals by advice agency submitters

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.

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.

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.

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.

Appeals about decisions relating to extensions
for approvals

For a development approval given for a development
application, a person to whom a notice is given under

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Noosa Council documents

(2)

(4)

466

(1)

(2)

467

(1)

(2)

section 389, other than a notice for a decision under
section 386(2), may appeal to the court against the
decision in the notice.

The appeal must be started within 20 business days
after the day the notice of the decision is given to the
person.

Also, a person who has made a request under
section 383 may appeal to the court against a
deemed refusal of the request.

An appeal under subsection (3) may be started at
any time after the last day the decision on the matter
should have been made.

Appeals about decisions relating to permissible

changes

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.

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.

Also, a person who has made a request under

section 369 may appeal to the court against a

deemed refusal of the request.

An appeal under subsection (3) may be started at

any time after the last day the decision on the matter

should have been made.

Appeals about changing or cancelling conditions
imposed by assessment manager or concurrence
agency

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.

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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Page 30

Noosa Council documents

PO Box 141, Tewantin, QLD 4565
am
Phi 7) 5329 6500 Fax (07) 5329 6501
mt Hu NOOSA COUNCIL Ema salnoosadd.sovay Website eee gov.au

INFRASTRUCTURE CHARGES NOTICE

 

 

To: Palm Lake Works Infrastructure Charges Notice No: N1132
PO Box 10479 Revision No: 0

SOUTHPORT QLD 4215
Date of Issue: 22 July 2016

 

 

 

Notice is hereby given under the Sustainable Planning Act 2009 and the Local Government Act 2009
that the infrastructure charge notice is levied by the Noosa Shire Council on the described land.

DEVELOPMENT AND LAND TO WHICH THE INFRASTRUCTURE CHARGE APPLIES:
Development Approval Reference: | MCU15/0111

2 & 4 Lamonts Road and 19 & 20 Trading Post Road,
COOROY, QLD 4563

Real Property Description: Lots 1 & 4 RP 215922; and Lots 1 & 2 RP 165418

 

 

Land / Property Address:

 

 

 

 

 

INFRASTRUCTURE CHARGE LEVIED BY COUNCIL:
In accordance with Noosa Shire Council Charges Resolution (No.2) 2014 (effective 16 February 2015)

 

Base Date: 01-July-2014

 

 

 

 

 

 

 

CALCULATED INFRASTRUCTURE CHARGE = $866,000.00
Other Retirement uses = 30% reduction to Transport & Public Parks $232,596.00)
netw orks
REDUCTIONS Rebate Not Applicable $0.00]
(Current at CPI
Trunk Infrastructure Offset |Not Applicable $0.00} March 2016)
*NET INFRASTRUCTURE CHARGE PAYABLE = $633,404.00) $653,273.00

 

 

 

 

 

* SUBJECT TO AUTOMATIC INCREASE PROVISION:

The net infrastructure charge amount payable is subject to automatic indexation from the base date to the time of
making payment. Indexation is applied using variations in the Consumer Price Index at the times applicable limited
to the “maximum amount” possible to be issued under the State Planning Regulatory Provision (adopted charges)
as amended by the Minister and in accordance with the legislation at the time of issue and payment.

CONTACT COUNCIL PRIOR TO MAKING PAYMENT FOR THE CURRENT AMOUNT DUE.

The Calculated Infrastructure Charge details are provided on page 3 of this notice.
(NOTE: Separate Infrastructure Charges may be issued by Unitywater as applicable)

DATE FOR PAYMENT OF THE INFRASTRUCTURE CHARGE
Under the Sustainable Planning Act 2009, the Infrastructure Charge is to be paid to NOOSA COUNCIL

 

 

 

 

 

 

 

as follows:
DEVELOPMENT PERMIT TYPE DUE DATE FOR PAYMENT
Material Change of Use When the change happens
NOOSA COUNCIL PO Box 141 P. (07) 5329 6500 [email protected]

bs : 4 i .qid.gov.: -
Document Sef4D: 70102616 TEWANTIN QLD 4565 F. (07) 5329 650 www.noosa.qid.gov.au ICN - Page 1
Version: 1, Version Date: 22/07/2016 Print Date: 25 July 2016, 3:34 PM

Page 31

Noosa Council documents

REFUND PROVISION:
Where the value of a “Trunk” Infrastructure Offset exceeds the Net Infrastructure Charge Payable, a refund
will be provided in accordance with Clause 12.4 of Council’s Resolution.

 

TERMS OF REFUND REFUND AMOUNT
Not Applicable $0.00

 

 

 

 

 

INFRASTRUCTURE CHARGES TAKEN TO BE A RATE:

Under the Sustainable Planning Act 2009 an infrastructure charge levied by a local government is, for
the purposes of recovery, taken to be a rate within the meaning of the Local Government Act 1993.
This means:

a. an adopted infrastructure charge may be recovered by court action for a debt;

b. an adopted infrastructure charge may be recovered from the person for the time being owning
the relevant land, regardless of who was the owner or other person upon whom the charges
was imposed;

C; Interest is payable on overdue payments; and

d. If charges are unpaid for 3 years, the land can be sold to recover the outstanding charges.

INTEREST ON OVERDUE CHARGES:
Compound interest at the rate of 11% per annum calculated daily is payable on all infrastructure
charges outstanding after the due date shown on this charges notice.

GOODS AND SERVICES TAX:
The federal government has determined that rates and utility charges levied by local government will
be GST free. Accordingly, no GST is included in this infrastructure charges notice.

INFRASTRUCTURE CHARGES ENQUIRIES:
Enquiries regarding this infrastructure charges notice should be directed to Council's office:
e Phone (07) 5329 6211 or 5329 6449 during office hours; or

e E-mail: [email protected]

METHODS OF PAYMENT:

Mail Cheque or money order to be made payable to: Noosa Council
PO Box 141, Tewantin, QLD 4565

Noosa Council Tewantin office: 8.30 am to 4.30 pm Monday to Friday
(excludes public holidays)

 

 

In Person

 

Mastercard or Visa only
Credit Card Note: All payments made by credit card will incur a 0.5% surcharge to reflect the
cost of fees charged for credit card transactions.

 

Payment by electronic transfer direct to Council’s Bank Account is only
Direct Bank Transfer available by special arrangement. Contact Infrastructure Enquiries at:
[email protected]

 

 

 

 

NOTES:
Credits have been based on the development uses & quantities for contributions paid on 19 October 2015 (receipt: 1173523)
under Infrastructure Agreement Deed of Variation dated 9 March 2015 in relation to Development Approval 132007 .2398.

This charge calculation also includes credit for 2 additional existing residential lots 1 RP 165418 & 4 RP 215922 now part of this
development but re-instates the charge for the new 1 residential lot being created to maintain the separate existing house
currently on Lot 4 RP 215922.

Charges have NOT been applied to the Clubhouse and Bowling Green components of the development on the basis that these
items are ancillary to the primary development use and limited for use by residents and their guests, however, should this use
be extended in future to allow external patronage, additional charges will then apply.

 

J = Cc Wo PO Box 141 P. (07) 5329 6500 [email protected]
Document ateeer OUNCIL —jewanrin avo 4566 F, (07) 53296501 www.noosa.qld.gov.au ICN - Page 2

Version: 1, Version Date: 22/07/2016 Print Date: 25 July 2016, 3:34 PM

Page 32

Noosa Council documents

INFRASTRUCTURE CHARGE CALCULATION DETAILS:

The infrastructure charge is calculated in accordance with Council's Infrastructure Charges Resolution incorporating the charge apportionment (break-up) agreement with Unitywater in
compliance with the Sustainable Planning Act 2009 and Statutory Regulatory Provision (adopted charges) applying at the time of issuing the notice.

NOOSA SHIRE COUNCIL CHARGES RESOLUTION (No.2) 2014 (Effective 16 February 2015)
INFRASTRUCTURE CHARGE CALCULATION

 

(01-July-2014

 

 

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Column7
Column 1 . .
Use under The Noosa Plan coc Council Charge Calculation
Column 2 Column 3 Per Table 10.1 i om
cornea Development class Unit of measure (eviaijer reskin) 9 aapiea | aR RROM EDN | eens cuar ET CHARGE
neanse Charge in Colurmn 6 ers (arty) GEABLE jou
(8 per unit of me ) (Credit) (arty) s
Detached house (& Residential Lot Reconfigu Residential 3 or more bedroom dw elling unit (Lot) $16,800 1 2 4 -$16,800]
‘Maltiple housing
+ Type 3 Retirement and special needs Essential services m2 GFA $84 8950 9800 -850 -$71,400]
(aged care facility)’
3 of more bedroom dw elling unit $16,800 221 164 57 $957,600}
Multiple housing Residential — —
FType 3 Retirement and special needs (ag ae ZbecrooilGw ating ail $12,000 ° so}
(retirement village) —
1 bedroom dw elling unit $7,800 0 $0}
‘Sub-Total, Residential = $940,800.00)
Sub-Total, Non-Residential = -$71,400.00}
STORMWATER ALL Non-Residential Uses ‘2 impervious area $10 12960 13300 -340 -$3,400.00}
(Non-Residential Development only)
Base Date: 01-July-2014
CALCULATED INFRASTRUCTURE CHARGE = $866,000.00}
Other yment uses = 30% reduction to Transport & Public Parks $232,596.00]
netw orks
REDUCTIONS Rebate Not Applicable $0.00
Trunk Infrastructure Offset |Not Applicable $0.00] Cee ed
*NET INFRASTRUCTURE CHARGE PAYABLE =| $633,404.00] $653,273.00}
ALLOCATION OF LEVIED CHARGE TO TRUNK INFRASTRUCTUE NETWORKS
The infrastructure charge payable will be allocated to Council “Trunk” infrastructure networks in accordance with Council's Resolution as follows:
Column 4 * Net * Net
Council “Trunk” Infrastructure Network Allocation of Couns intra uel: charge to trunk Cuicadnied Reductions Infrastructure | Infrastructure
(Table 10.2) eS ee eee. Infrastructure Charge Charge Payable | Charge Payable
Rebat Offset (At Base Date: (Current at CPI:
Residential Development Non-Residential Development Other ebate fset 1 July 2014) March 2016)
Transport {Charge Type: icA3trans) 40% 85% $315,630.00} $94,689.00 $0.00] $0.00] $220,941.00) $227,872.00}
Public Parks & Land for Community Facilities a i ¢ 5
(Charge Type: icA3parkCF) 50% 15% $459,690.00} $137,907.00 $0.00] $0.00] $321,783.00) $331,876.00}
Stormwater (Charge Type: icA3storm) 10% 100% $90,680.00} $0.00) $0.00) $0.00} $90,680.00) $93,525.00}
* Subject to Automatic Increase Provision until date of payment. *TOTALS = $866,000.00) $232,596.00} $0.00} $0.00) $633,404.00 $653,273.00}

 

 

 

ADDITIONAL NOTES:
Credits have been based on the development uses & qual
This charge calculation also includes credit for 2 additional existing resid
house currently on Lot 4 RP 215922

Charges have NOT been applied to the Clubhouse and Bowing Green components of the development on the basis that these items are an
this use be extended in future to allow extemal patronage, additional charges will then apply.

fer Infras

 
 
 

's for contributions paid on 19 October 2015 (receipt: 1173523)

 

 
 
 
   
   

re Agreement Deed of Variation dated 9 March 2015 in relat
lots 1 RP 165418 & 4 RP 215922 nowpart of this development but re-instates the charge for the new 1 resident

ry to the primary development use and |

 

 

 

ted fo

  

1n to Development Approval 132007.2398.
being created to maintain the separate existing

e by residents and their guests, however, should

 

PO Box 141

NOOSA COUNCIL TEWANTIN QLD 4565

Document Set ID: 20102616
Version: 1, Version Date: 22/07/2016

 

P. (07) 5329 6500
F. (07) 5329 6501

[email protected]
www.noosa.qid.gov.au

 

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Noosa Council documents

PO Box 141, Tewantin, QLD 4565

fe) LOLOL OLIN) Ne eee a eee Sze au

 

ABN 97 969 214 121

INFRASTRUCTURE CHARGES INFORMATION NOTICE

1. PRELIMINARY

 

Infrastructure charges are triggered and issued on development approvals as a contribution towards the cost
of "trunk" infrastructure provided to service development.

For development approved prior to 1 July 2011, infrastructure contributions and (ICP) charges continue to
apply in accordance with the development approval conditions and or infrastructure charge notices (ICP) issued
under legislation current at the time those approvals & charge notices were issued.

For development approved from 1 July 2011, adopted infrastructure charges are governed by local
government adopted infrastructure charges resolutions in accordance with the "Sustainable Planning Act 2009
(SPA)" and “State Planning Regulatory Provision (adopted charges) (SPRP)".

The Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014 introduced
further amendments to SPA that commenced to apply for developments approved from 4 July 2014.

From 1 July 2014, Infrastructure Charges Notices are issued separately by both Council and Unitywater
relating to their specified “Trunk” infrastructure networks. All payments (including contributions & charges
previously issued) are also payable separately to Council and Unitywater respectfully.

2. THE DECISION AND REASONS FOR IT

 

The Sustainable Planning Act 2009 (as amended), provides for the following:
(1) Authorises local governments to do the following for development approvals:
(a) for trunk infrastructure, either or both of the following—
(i) adopt, by resolution, charges for development infrastructure and levy charges in accordance with
the resolution;
(ii) impose particular conditions about development infrastructure;

(b) for non-trunk infrastructure, impose particular conditions about development infrastructure; and

(2) Provides for a State planning regulatory provision to govern local government adopted charges and charges
by distributor-retailers under the SEQ Water Act for trunk infrastructure.

Noosa Council decided to apply infrastructure charges on development under its adoption of the "Noosa Shire
Council Adopted Infrastructure Charges Resolution (No.1) 2014" to replace the "Sunshine Coast Regional
Council Adopted Infrastructure Charges Resolution (No.4) 2011" that translated across to Noosa Council on 1
January 2014. The resolutions also detail the apportionment (break-up) agreement with Unitywater.

On 12 February 2015, Noosa Council Adopted the "Noosa Shire Council Charges Resolution (No.2) 2014" to
replace the "Noosa Shire Council Adopted Infrastructure Charges Resolution (No.1) 2014" to comply with the
requirements of the SPA amendments dated 4 July 2014 and amended (break-up) agreement with Unitywater.
The resolution takes effect and applies to new approvals issued from Monday 16 February 2015.

3. INFRASTRUCTURE CHARGE NOTICES

 

 

3.1 TRIGGERS FOR INFRASTRUCTUE CHARGES & ISSUING OF NOTICES

The triggers for issuing infrastructure charges are defined in the SPA and SPRP and are generally triggered
by the issue of a development permit for either:

 

 

 

(1) Reconfiguration of a lot; or
(2) Material Change of Use of Premises; or
(3) Building Works issued by a Private Certifier.

 

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Under the SPA, infrastructure charges are not imposed by condition on a development permit - they are an
action that follows the issue of a permit, So consequently, charges may be imposed in cases where a
development permit for a lot reconfiguration or material change of use of premises has previously been
granted, but a development permit for building works is yet to issue.

 

3.2 DUE DATE FOR PAYMENT OF INFRASTRUCTUE CHARGES (SPA SECTION 638)

 

 

 

(1) A levied charge becomes payable—

(a) if the charge applies for reconfiguring a lot—when the local government that levied the charge
approves the plan of subdivision for the reconfiguration; or

(b) if the charge applies for building work—when the certificate of classification or final inspection
certificate for the building work is given; or

(c) if the charge applies for a material change of use—when the change happens; or

(d) if the charge applies for other development—on the day stated in the infrastructure charges notice
under which the charge was levied.

(2) This section is subject to section 639.

 

3.3 EFFECT OF CHARGES NOTICE (INFRASTRUCTURE CHARGES TAKEN TO BE A RATE)

 

 

 

An infrastructure charge levied by a local government is, for the purposes of recovery, taken to be a rate
within the meaning of the Local Government Act 1993. This means:

(1) an infrastructure charge may be recovered by court action for a debt;

(2) an infrastructure charge may be recovered from the person for the time being owning the relevant land,
regardless of who was the owner or other person upon whom the charges was imposed;

(3) INTEREST IS PAYABLE on overdue payments; and
(4) if charges are unpaid for 3 years, THE LAND CAN BE SOLD to recover the outstanding charges.

 

3.4 INTEREST ON OVERDUE INFRASTRUCTURE CHARGES

 

Compound interest at the rate of 11% per annum calculated daily is payable on all overdue infrastructure
charges outstanding after the due date for payment as applying to the infrastructure charges notice.

 

3.5 GOODS AND SERVICES TAX

 

 

 

The federal government has determined that rates and utility charges levied by local government will be
GST free. Accordingly, no GST is included in this infrastructure charges notice.

4. APPEALS ABOUT INFRASTRUCTURE CHARGES NOTICE

Prior to making an appeal about an infrastructure charge notice, the recipient must first make
representations to the infrastructure charges notice in accordance with SPA sections 640 to 644.

 

 

4.1 APPEALS ABOUT INFRASTRUCTURE CHARGES NOTICE (SPA SECTION 478)

 

 

(1) The recipient of an infrastructure charges notice may appeal to the court about the decision to give the
notice.
(2) However, the appeal may be made only on 1 or more of the following grounds—
(a) the charge in the notice is so unreasonable that no reasonable relevant local government could have
imposed it;
(b) the decision involved an error relating to—
(i) the application of the relevant adopted charge; or
(ii) the working out, for section 636, of additional demand; or
(iii) an of fset or refund;
(c) there was no decision about an offset or refund;
(d) if the infrastructure charges notice states a refund will be given—the timing for giving the refund.
(3) To remove any doubt, it is declared that the appeal must not be about—
(a) the adopted charge itself; or

(b) for a decision about an offset or refund—

 

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Noosa Council documents

(4)

(i) the establishment cost of infrastructure identified in an LGIP; or
(ii) the cost of infrastructure decided using the method included in the local government's charges
resolution.
The appeal must be started within 20 business days after the day the recipient is given the relevant
infrastructure charges notice.

 

 

4.1

 

HOW APPEALS TO THE COURT ARE STARTED (SPA SEcTION 481)

 

(1)
(2)
(3)
(4)

An appeal is started by lodging written notice of appeal with the registrar of the court.

The notice of appeal must state the grounds of the appeal.

The person starting the appeal must also comply with the rules of the court applying to the appeal.
However, the court may hear and decide an appeal even if the person has not complied with subsection

(3).

 

4.2

 

APPEALS ABOUT INFRASTRUCTURE CHARGES DECISIONS (SPA SEcTION 535)

 

 

(1)

(2)

(3)

(4)

The recipient of an infrastructure charges notice may appeal to a building and development committee
about the decision to give the notice.
However, the appeal may be made only on 1 or more of the following grounds—
(a) the decision involved an error relating to—
(i) the application of the relevant adopted charge; or
(ii) the working out, for section 636, of additional demand; or
(iii) an offset or refund;
(b) there was no decision about an offset or refund;
(c) if the infrastructure charges notice states a refund will be given—the timing for giving the refund.
To remove any doubt, it is declared that the appeal must not be about—
(a) the adopted charge itself; or
(b) for a decision about an offset or refund—
(i) the establishment cost of infrastructure in an LGIP; or

(ii) the cost of infrastructure decided using the method included in the local government's charges
resolution.

The appeal must be started within 20 business days after the day the recipient is given the
relevant infrastructure charges notice.

 

4.3

 

HOW APPEALS TO COMMITTEES ARE STARTED (SPA SEcTION 536)

 

 

(1)
(2)

A person starts an appeal by lodging written notice of appeal, in the approved form, with the registrar
of building development committees.

The notice of appeal must state the grounds of the appeal and be accompanied by the fee prescribed
under a regulation.

5. INFRASTRUCTURE CHARGES ENQUIRIES

Infrastructure charges enquiries should be directed to the appropriate entity as follows:

(1)

(2)

Council Infrastructure Charges enquiries should be directed to Noosa Council's office:
Phone: (07) 5329 6211 or 5329 6449 during office hours; or

E-mail: [email protected]

Unitywater Infrastructure Charges enquiries should be directed to Unitywater's office:
Phone: 1300 086 489 or (07) 5431 8333 during office hours; or

E-mail: [email protected]

 

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