Decision Notice - Approved by Delegation of Authority MCU21 0174

Officer: 	Maxwell Potter
Direct Telephone: 	07 5329 6334
Our Reference:	MCU21/0174
Your Reference:	20-052
5 January 2022
CJ Bentley
C/- Urban Catalyst 3 Pty Ltd
PO Box 7044
SIPPY DOWNS  QLD  4556
[email protected]
Dear Sir,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 23 December 2021, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU21/0174
Street address:	11 Senegal Rise Doonan Qld 4562
Real property description:	Lot 120 RP 887986
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dwelling house
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
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
A102	D	Proposed Residence & Build Envelope, prepared by Costa Homes	29.11.21
A102	B	Stormwater Management Plan, prepared by the applicant	08.11.21
Currency Period
This development approval lapses if the use has not happened by 23 December 2027, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the prestart meeting. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
A prestart meeting must be organised with Council’s delegate by calling 5329 6500 (giving at least five business days’ notice). The prestart meeting must be attended by the responsible persons for:
Erosion and sediment control works.
Landscape works including vegetation retention and removal.
Other relevant parties.
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.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
All relevant Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
Built Form
The maximum height of the development must not exceed the maximum height shown on the approved plans.
The shed must be painted in a muted tone which blends in with the surrounding natural environment.
Water Supply
The approved dwelling must be serviced with a rainwater tank having a minimum storage capacity of no less than 60,000 litres.
Bushfire Management
The development must be carried out in accordance with the Bushfire Hazard Assessment Report, prepared by Daniel Willis 19 July 2021.*
*(Refer to Advisory Note)
In accordance with the approved the Bushfire Hazard Assessment Report, prepared by Daniel Willis 19 July 2021and Ecological Assessment Report, prepared by Daniel Willis 30 September 2021- Figure 9, a 28 metre wide asset protection zone around the main dwelling building must be maintained on the site which is kept free of:
grass understoreys
b.	shrubs and small trees
c.	large trees that have continuous or overlapping canopies with other large trees
d.	trees that overhang dwellings or structures
e.	dead branches and loose bark; and
f.	woodpiles, combustible material storage areas, large quantities of garden mulch or any other form of stacked flammable materials.
A copy of the Bushfire Hazard Assessment Report, prepared by Daniel Willis 19 July 2021 must be provided to the nearest fire authority.
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the bushfire management conditions of this Decision Notice.
*(Refer to Advisory Note)
Environment
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards
(*Refer to Advisory Notes).
Limit soil exposure on the site to a distance of no more than 2m beyond the extent of earthworks shown on the approved plans except where the exposed soil is effectively stabilised without delay and prior to rainfall occurring
Vegetation Retention
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.
A “no clearing zone” must be established and maintained over the land area identified as outside of the 28m wide asset protection zone detailed within the approved Bushfire Hazard Assessment. The following activities must not be carried out within the ‘no clearing zone’:
Clearing, cutting down, poisoning, lopping or pruning of native vegetation which is indigenous to, or planted within, the zone
Soil/spoil dumping and/or compacting
Soil excavation, other than for planting indigenous native plants.
The following exceptions apply:
Declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003, and any Council Listed Environmental Weeds, Exotic Grasses and other plants identified in writing by Council.
Indigenous native trees which pose a well-founded threat to persons or property as approved in writing by Council.
Controlled bushfire burns to maintain ecological processes subject to submission of a Bushfire Management Plan and agreed in writing by Council.
Vegetation areas for protection during construction must:
be protected with a 1.8m high temporary safety fence (or temporary barrier mesh/three-strand wire with pickets at 3m centres)
b.	have the fence installed prior to the prestart meeting and maintained for the entire period of construction
c.	have ‘Exclusion Zone’ signage fixed to the fence at 10m centres
have no construction material, equipment or personnel entering the ‘no clearing zone’ except to undertake approved rehabilitation activities.
Vegetation Removal
Vegetation removal must be supervised and undertaken in accordance with the approved reports (Bushfire Hazard Assessment and Ecological Assessment Report).
All tree and vegetation removal works must be undertaken by a qualified person*, ensuring all vegetation to be removed falls within the approved clearing zone and does not fall within the ‘no clearing zone’ to protect the retained vegetation.
*(Refer to Advisory Note)
Vegetation removal must:
Have vegetation and mulch stockpiles removed from the site.
Conclude with the area being stabilised against erosion.
*(Refer to Advisory Note)
Prior to commencement of use, a suitably qualified* person must certify compliance of approved vegetation removal as per the approved reports (Bushfire Hazard Assessment and Ecological Assessment Report)*.
*(Refer to Advisory Note)
Fauna Management
A qualified person* must be engaged to manage fauna prior and during clearing to:
Ensure works are carried out in accordance with the Nature Conservation Act 1992.
Undertake pre-clearing inspections including fauna relocation and removal or blocking of all vacant hollows.
Ensure clearing works avoids nesting times of animals and birds.
Co-ordinate staging and sequence of clearing with fauna protection.
Protect and recover fauna during clearing operations (not previously removed).
Manage the translocation of animals and recovery procedures in accordance with relevant legislation.
*(Refer to Advisory Note)
Fencing
Any proposed new fencing to delineate boundary alignments within the Biodiversity Overlay and/or Koala Priority and Koala Habitat Areas must be constructed to allow for the movement of fauna.  Such fencing must:
Allow adequate clearance at ground level for local macropods.
Not include any use of barbed wire or similar materials.
Provide regular opportunities for passage over and through.
Be agreed by Council.
ENGINEERING
Property Access and Driveways
A residential driveway/crossover must be constructed to the property from Senegal Rise. The works must be undertaken in accordance with a Road Reserve Permit approval unless the crossover is considered non-standard1, in which case the works must be undertaken in accordance with an Operational Works approval.
1(Refer to Advisory Notes)
Access to the proposed shed on the western side of the property must only be obtained via an internal driveway stemming from the crossover of 11 Senegal Rise generally in accordance with Rev D of the Proposed Residence & Build Envelope Plan (as prepared by Costa Homes).
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property generally in accordance with Rev D of the Proposed Residence & Build Envelope Plan (as prepared by Costa Homes).
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Geotechnical Stability
All future dwellings, structures and services on the lot must be constructed in accordance with the recommendations contained in the Geotechnical Investigation and Proposed Slope Stability and Retaining Wall Report (Letter 01 Rev 0) and subsequent Geotechnical Memo (SIR 01 Rev 0) as prepared by Arcos Consulting.
Earthworks and Retaining Walls
All earthworks associated with the construction of the proposed dwelling, shed and pool must be certified by the Building Certifier (and contained within 3m of these buildings/structures). Any earthworks outside of this area must be undertaken in accordance with an Operational Works approval.
All fill and associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
All earthworks and retaining structures must be undertaken in accordance with the recommendations of the Geotechnical Investigation and Proposed Slope Stability and Retaining Wall Report (Letter 01 Rev 0) and subsequent Geotechnical Memo (SIR 01 Rev 0) as prepared by Arcos Consulting.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
Where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
Where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Qualified Person
Qualified Person, 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.
Undertaking, supervising tree works and preparing arboriculture certification, is considered to be a person with a minimum three years current experience in tree protection, hazard identification/mitigation and Specifying Trees – a guide to assessment of tree quality (NATSPEC) assessment and either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
Retention of Existing Trees
The existing trees on adjoining properties must be retained and protected during construction wherever achievable. To avoid doubt, this advisory note is not intended to exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following construction of the development which is the subject of this development approval.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work 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.
Vehicle Crossover
A residential vehicle crossover is considered non-standard if it is not constructed in accordance with Councils standard drawings RS-049 and RS-050, or if its construction impacts on other infrastructure or street trees. Please refer to the Noosa Council website for a Crossover Information Pack to determine whether a crossover design is standard or non-standard.
property notes
The following property notes will be placed against the subject property in Council’s property record system:
MCU21/0174 – Bushfire Management
To ensure the safety of people and property on this property is maintained, all buildings and structures must be sited and/or constructed in accordance with the bushfire management conditions of Council Approval MCU21/0174 and any associated Operational Work approvals.
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 work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Maxwell Potter
Graduate Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

	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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