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Minor Change - MCU17 0568 01 & OPW17 0602 01 [As Published]
Officer: Jada Lyons
Direct Telephone: 07 5329 65
Our Reference: MCU17/0568.01
OPW17/0602.01
Your Reference: n/a
5 October 2023
Eco Cottages Pty Ltd
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY QLD 4563
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 28 February 2023, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU17/0568.01 & OPW17/0602.01
Street address: 4 Jarrah St Cooroy Qld 4563
Real property description: Lot 2 RP 176126
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 19 April 2018.
• Development Permit for Material Change of Use - Industrial Type 2 (Production alteration
repackaging & repairing)
• Operational Works (Earthworks, Stormwater Drainage, Vehicle Crossovers, Parking,
Erosion & Sediment Control and Landscaping).
In relation to the request to make a minor change to the existing approval, Council on 3 October
2023, decided to approve the requested changes. The changes are detailed below.
A. Approve the change;
B. Amend conditions 2, 16 and 17;
C. Include additional conditions to Material Chane of use – 83, 84, 85, 86; and
D. Amend Operational Works conditions 81 & 82.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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3. CURRENCY PERIOD OF APPROVAL
• The relevant period for the Material Change of Use development approval is 6 years starting
the day that this development approval takes effect.
• The relevant period for the Operational Works development approval is 2 years starting the
day that this development approval takes effect.
4. ASSESSMENT MANAGER CONDITIONS
MATERIAL CHANGE OF USE - MCU17/0568
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 authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below.
Plan Rev. Plan/Document Name Date
No.
DA-00 5 Cover sheet, drawn by Eco Cottages 1 February 2018
DA-02 6 Elevations 1, drawn by Eco Cottages 13 February 2018
DA-03 6 Elevations 2, drawn by Eco Cottages 13 February 2018
DA-04 6 Sections, drawn by Eco Cottages 13 February 2018
BA-01 2 Site Plan, drawn by Eco Cottages (as annotated 21 February 2023
by Council)
FE-02 - Eco Cottage Factory Extension – Glulam Beam 29 Nov 2022
Shop/Storage Shed Elevations, drawn by Eco
Cottages
FE-04 - Eco Cottage Factory Extension Glulam Beam 29 Nov 2022
Shop/Storage Shed Section A, drawn by Eco
Cottages
FE-05 - Eco Cottage Factory Extension Drying Shed 29 Nov 2022
Overview, Plan and Elevations, drawn by Eco
Cottages
BA-01 B Site Plan – Landscape Added, drawn by Eco 19 June 2023
Cottages (as annotated by Council)
Nature and Extent of Approved Use
3. Any display and retail sale of goods must remain an ancillary component to the approved
use and must not exceed 20%.
Building Appearance
4. The development must be finished with subdued external building colours.
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Building Height
5. The maximum height of the development must not exceed 10 metres above the finished
ground level and the natural ground level.
Performance Bond
6. 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
issue of Building 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.
Street Identification
7. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate, the
building name.
Signage
8. Any signage within the site must be in accordance with the Advertising Devices Code in The
Noosa Plan.
Water & Sewer Connections
9. An underground connection to reticulated water and sewerage must be provided to the
development site in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
10. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater)
must be submitted to Council that certifies an underground connection to reticulated water
and sewerage has been provided to the development site.
Engineering
11. 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.
12. To ensure pedestrian safety between vehicles exiting the site and pedestrians on the
footpath, the driveway and any associated fencing or vegetation near the driveway shall
comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4.
External Frontage Works
13. Street for the length of its frontage to the subject site must be upgraded in accordance with
an Operational Works approval and must include in particular:
a) Providing concrete pathway at minimum width of 1.8m along the frontage of the site
and be extended as may be necessary to achieve smooth connection and acceptable
transition with the existing pathway.
b) Removal of the existing redundant property accesses and reinstatement of the kerb &
channel and verge area to match the balance of the site frontage, including the
provision of topsoil and turf where the existing verge is grassed.
c) Replacement of any damaged, irregular or substandard sections of kerb & channel.
d) Amendment to any linemarking if required.
Stormwater Drainage
14. Stormwater runoff from the development must be disposed of on-site generally in accordance
with the approved engineering without causing scour or damage to the subject site or any
adjoining property.
15. Development must not adversely impact on the existing drainage conditions on other
properties.
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Parking
16. A minimum of 30 car spaces, including 1 disabled space must be provided on site, in
accordance with the approved plans.
17. A minimum of 9 bicycle parking spaces, 2 lockers and 1 shower cubicle must be provided on
site.
Electricity and Telecommunication Services
18. 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.
Landscaping
19. The development site must be landscaped and in accordance with the approved plans.
20. Landscaping must be provided along the frontage of the development at a width of 2m-4.5m.
21. 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.
22. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
Noise
23. When requested by Noosa Council, a Noise Impact Assessment Report (NIAR) showing
monitoring and recording of noise levels must be undertaken to investigate any non-
vexatious complaint caused by noise emissions from operations at the premises. Such
monitoring must be undertaken and completed within a reasonable and practicable
timeframe as nominated by council and be performed by a suitably qualified and experienced
person.
24. The NIAR is to be submitted to Council detailing the results of such monitoring and
recommendations for any measures to achieve compliance with limits outlined in Table 1 of
this Decision Notice.
25. 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”.
26. For the purpose of measuring and certifying relevant noise conditions and reporting (eg.
mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors,
pumps etc.), a suitably qualified person is either:
a) a Registered Professional Engineer of Queensland, or
b) an environmental consultant with a minimum of 3 years current experience in the field
of acoustics.
Waste
27. Waste storage areas and external storage areas are situated to the rear of the building and
are visually screened by landscaping or fencing.
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OPERATIONAL WORKS - OPW17/0602
APPROVED PLANS
28. 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
27281-OW5 B Operational Works: Driveway & Access, 13.02.2018
prepared by SCG Consulting Engineers
27281-SW1 C Operational Works Stormwater Management, 22.02.2018
prepared by SCG Consulting Engineers
PRIOR TO COMMENCEMENT OF WORKS
Engineering
29. At least 5 working days prior to any works commencing, written advice must be provided to
Council detailing:
a) The name, contact details and ACN for the supervising Registered Professional
Engineer of Queensland (RPEQ) and Principal Contractor.
b) Proposed dates for commencement and completion of construction.
30. The principal contractor must have all the appropriate insurance and public liability
documentation to carry out the works. The principal contractor is also responsible to ensure
that any subcontractors also have the appropriate insurance and public liability
documentation. Certificates demonstrating currency of public liability insurance and works
insurance covering the works must be submitted to Council prior to the prestart meeting.
31. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart meeting*. The contact number to arrange a prestart meeting is 5329
6244. The prestart meeting must include the relevant parties for the following aspects of the
works:
a) Civil engineering and stormwater drainage works.
b) Landscape works.
c) Erosion and sediment control works.
* (Refer to Advisory Note)
32. Copies of the approved plans, duly signed by the consultant Registered Professional
Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer at the
“prestart” meeting.
33. A detailed condition report including photographs of all frontages of the site must be
completed and submitted to Council prior to the prestart meeting.
34. A condition report including photographs of all fences and retaining walls bordering the site
and any buildings, structures, pathways, landscaping features etc on adjoining properties
that could potentially be impacted on by the proposed earthworks and construction works
must be completed and submitted to Council prior to the prestart meeting.
35. A Construction Management Plan must be submitted to Council for approval prior to the
prestart meeting and must specifically include/address the following:
a) Traffic Management during all aspects of the construct phase including:
i. A Traffic Management Control Plan in accordance with Manual of Uniform Traffic
Control Devices (MUTCD) detailing all temporary signage and traffic control
measures to be installed prior to construction.
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ii. Fencing to the work site during the construction phase to ensure the safety of the
public and the road users.
iii. Maintenance of safe pedestrians and cyclists access across the frontage of the
site both during daily construction and after daily construction has ceased.
iv. Sufficient parking arrangements for trucks, machineries and construction workers
without adversely impacting on traffic flow and/or the availability of on-street
parking in the local street.
b) Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures.
c) Works programme identifying key components of the works and their respective
durations.
d) The proposed dates for the commencement and the completion of the works.
e) Effective procedures and measures to minimise adverse environmental impact on
other properties and roads users including noise and dust emission.
f) Establishment of a communication protocol with the adjoining owners and any other
affected parties to advise of construction times, impacts on traffic and services and any
other relevant issues.
g) Identification of communication and complaint management procedures including:
i. Contact details for the on-site manager.
ii. Dispute resolution procedures.
36. Any changes to the details associated with the supervising RPEQ or Principal Contractor
during construction, must be notified to council in writing within five business days of the
change occurring.
37. Any alteration to existing services or conflict between the development and an existing or
proposed service must be referred to the relevant service authority for determination prior to
commencement of works.
DURING CONSTRUCTION
General
38. The developer must meet any costs to repair damage to any Council’s and/or public asset
during construction, where damage is a result of the development works. Damage to assets
must be repaired immediately where it creates a hazard to the community. In circumstances
where the damage does not create a hazard to the community, it must be repaired
immediately on completion of the works associated with the development.
39. All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ)
who is independent of the Developer and Principal Contractor, and they must certify that all
works conform to the Operational Works permit. Where municipal works (eg public pathway)
are involved, such confirmation must be submitted for the respective hold points prior to any
site inspection by Council Officers.
40. All works must be constructed and work procedure undertaken in accordance with:
a) The approved plans and conditions detailed in this Decision Notice.
b) All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines, particularly PSP 5 – Engineering Design Standards –
Roads, Drainage and Earthworks.
c) The latest version of the Healthy Waterways document “Water Sensitive Urban Design
Technical Design Guidelines for South East Queensland” for all water quality devices
to be constructed on site.
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Driveways
41. Driveway crossovers must be designed and constructed generally in accordance with the
approved plans and in accordance with IPWEA standard drawing RS- 051 and must have
levels and grades match the levels and the grades of any existing or proposed concrete
pathway without posing trip hazard.
42. The following must be complied with during the construction of the required
crossover/driveway:
a) The driveway width must not exceed 11.5m at the front boundary line and 14.5m at the
kerb line.
b) The driveway surfacing must consist of either an approved hot mixed asphaltic concrete
or patterned/plain concrete and must have a slip resistant surface.
c) The driveway must be constructed so as not to concentrate stormwater runoff or ponding
onto other properties and/or the road verge.
d) For public safety, the finish levels of crossover must ensure smooth transition to existing
surfaces such as the road grassed verge and any existing or proposed concrete
pathway.
e) Where applicable, underground service conduits for water supply, electricity and any
other services must be provided as part of the access driveway works.
f) Have a minimum clearance of 1.0m from any existing power poles, streetlights or other
signage.
g) Have a minimum clearance of 500mm from any Unitywater/Telstra asset, unless a
written approval is obtained from Unitywater/Telstra and submitted to Council.
Pavement Design and Construction
43. Pavement design for privately owned works must be undertaken in accordance with the
relevant standards and be designed and constructed to comply with the Disability
Discrimination Act (DDA), Access to Premises Standard and relevant sections of AS1428
Design for access and mobility. Structural integrity of the driveway and car park areas will
remain the responsibility of the property owner/developer and must be certified by an RPEQ.
External Frontage Works
44. A concrete pathway at minimum width of 1.8m along the full frontage is to be provided
generally in accordance with the approved plan and must comply with but not limited to
following requirements:
a) Complies with Standard Drawing SEQ R-065.
b) Has cross fall grade of 2.5% for the full width of the pathway.
c) All paths must have a slip resistant surface.
d) Expansion and contraction joints must provide a flush finish. Installation of joints by saw
cutting is preferred to ensure a smooth ride for cyclists.
e) To include any relocation, modifications or alterations to all existing surfaces, service
covers and the like to ensure they finishes flush with the footpath so as not to create
changes to grades or a pedestrian trip hazard.
f) Be designed and constructed to comply with the Disability Discrimination Act (DDA),
Access to Premises Standard, Austroads and relevant sections of AS1428 Design for
access and mobility.
45. RPEQ confirmation must be submitted for the respective hold points when any section of the
public pathway and/or the driveway crossover is ready for concreting and prior to any site
inspection by Council Officers and as may be agreed to by Council in writing or at the prestart
meeting.
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46. Removal of any existing redundant property accesses and reinstatement of the kerb &
channel and verge area to match the balance of the site frontage and inconsistent with
approved plans and layout, including the provision of topsoil and turf where the existing verge
is grassed.
47. Any existing kerb & channel and concrete footpath sections requiring removal due to the new
works must be saw-cut and removed to allow for a smooth and neat finish with the new
works.
Works within Road Reserve and Reinstatement Works
48. Safe pedestrian access on all streets in the vicinity of the development must be maintained
at all times. Should footpath/road closures be necessary to carry out construction works,
Council’s Engineering Officer must be notified prior to the proposed closure and all
requirements complied with.
49. Where required, any reinstated road pavement must be in accordance with IPWEA standard
drawing RS-170 with road pavement resurfacing to consist of a minimum depth of 50mm of
an approved hot mixed asphaltic concrete.
50. Removal of any existing redundant property accesses and reinstatement of the kerb &
channel and verge area to match the balance of the site frontage and inconsistent with
approved plans and layout, including the provision of topsoil and turf where the existing verge
is grassed.
51. Replacement of any damaged, irregular or substandard sections of kerb & channel.
Earthworks
52. All earthworks must be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development, with geotechnical supervision
and testing undertaken in accordance with Section 8 of the Standard, and to a minimum of
‘Level 2’ as defined in Appendix B.
53. All Earthworks and construction works must be carried out taking into consideration the
protection of any existing above and below surface services, and the stability and protection
of fences and any buildings and structures on the adjoining properties.
Stormwater Drainage
54. Works associated with this permit must not adversely impact on the existing drainage
conditions on other properties including road and public footpath by blocking or interfering
with overland flow path.
55. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
56. The site must be provided at all times with the stormwater drainage system connecting to a
lawful point of discharge as detailed on the Approved Plans listed in this Decision Notice.
57. All primary stormwater quality treatment devices must be routinely checked, serviced and
cleaned in accordance with the manufacturer’s recommendations Records of all
maintenance activities undertaken must be kept and made available to Council upon request.
Stormwater Harvesting
58. Operating rainwater collection tanks must be provided as shown on the Approved Plans listed
in this Decision Notice. The tanks must be provided in accordance with a Building Works
approval.
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Water Sensitive Design
59. Prior to release of survey, the supervising RPEQ must certify that all hardstand areas of the
development drain to a bioretention device designed and constructed in accordance with all
relevant conditions of this approval, the Water by Design Bioretention Technical Design
Guidelines, relevant aspects of the IPWEAQ Standard Drawing WSUD-drawing series and
Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands
(Water by Design, 2009).
60. During construction and establishment of the bioretention devices, the supervising RPEQ
must certify forms contained in section 3.15 of the Construction and Establishment
Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009). These
forms and certification must be submitted to council prior to the sealing of the survey plan.
61. The active filter media of the bioretention device must be 130m2. Active filter media area is
the area of the bioretention basin surface that is not covered by any impermeable structure
such as a sediment forebay, riser, etc.
62. A construction hold point with a council delegate must be established once the bioretention
device underdrainage pipe work is installed. At the time of inspection, a sample of the
drainage layer, transition layer, and filtration media materials must be stockpiled onsite
accompanied by laboratory results that demonstrate that the media complies with the
specifications contained in the latest version of the Guidelines for Soil Filter Media in
Bioretention Systems (Facility for Advancing Water Biofiltration) and that the minimum
hydraulic conductivity of 180mm/hr or as specified on the approved engineering plans will be
achieved. The drainage layer, transition layer, and filtration media materials shall not be
installed until the catchment draining to the bioretention device has 80% groundcover as
determined by council’s delegate.
63. 80% of the catchment flowing to the bioretention basin must be effectively stabilised prior to
the construction hold point for the Bioretention device.
Bioretention Devices - Landscaping
64. Landscape plans must include a mixture of at least five of the following species for planting
in the bioretention basin extended detention surface at a minimum density of 8 plants/m2:
a) Carex appressa
b) Carex fascicularis
c) Ficinia nodosa
d) Juncus usitatis
e) Lomandra longifolia
f) Ghania sieberiana
65. Landscape plans for the areas surrounding the bioretention basin filter media footprint must
be arranged to minimise shading to the filter media footprint are. Suitable plants include the
following:
a) Carex appressa
b) Carex fascicularis
c) Ficinia nodosa
d) Juncus usitatis
e) Lomandra longifolia
f) Ghania sieberiana
g) Banksia robur
h) Dianella brevipendunculata
i) Themada triandra
j) Cymbopogan refractus
k) Melaleuca thymifolia
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66. Where landscaping/garden beds are proposed adjacent to the bioretention basin, or where
the basin is located adjacent to naturally forested areas, a 900mm deep root barrier must be
installed to the interface between the landscape/garden/forest area and the bioretention
basin to prevent root intrusion to the bio basin infrastructure.
67. Landscaping to the surface of the bioretention basin filter media area must not commence
until 80% of building work within each contributing catchment is complete.
68. Where required, mulch within the batters of bioretention basins must be installed in a manner
that it will not escape into receiving stormwater drainage infrastructure or water courses.
Bioretention Devices - Education
69. The development shall be provided with approved permanent signage to educate the public
on the function of the bioretention basin. The wording for the signage for each bioretention
basin is to include: “BIORETENTION BASIN - This bioretention basin reduces the pollution
of our waterways by reducing the amount of heavy metals, litter, suspended solids, and
nutrients discharged to Cooroy Creek”.
Erosion & Sediment Control
70. A construction hold point with a council delegate and supervising RPEQ must be established
prior to commencement of cut to fill earthworks for each stage of the development. The hold
point must be held as soon as reasonably practical and prior to the first rain event forecast
following initial tree clearing or removal of soil stabilising material. At the hold point
inspection, all required sediment basins, drains and bunds to divert waters away from
disturbed soil or soils about to become exposed through cut to fill activities must be installed.
All areas that will not require earthworks in the imminent cut to fill operation must be stabilised
to prevent entrainment of sediments into receiving waters.
71. Cut to fill earthworks must not commence until after the Supervising RPEQ has certified that
all installed erosion and sediment controls required by this approval are sized in accordance
with conditions of the approval and the written acceptance of the certification is provided to
the supervising RPEQ by Council officers.
72. Offsite run-off must be diverted around exposed soils on the site without entraining additional
sediments. Discharge from measures to divert the offsite water must not cause run-off
impacts to other properties. Measures installed to divert the upstream water must be
designed and certified by the supervising RPEQ and installed prior to commencement of bulk
earthworks.
73. Any temporary drainage works to manage stormwater flows during the construction phase
of development must be designed by the supervising RPEQ to provide a 150mm freeboard
and convey the following flow capacities without resulting in visible scour within flow paths:
a) 1 in 2 year event where disturbed area open for less than 12 months
b) 1 in 5 year event where disturbed area open for 12-24 months
c) 1 in 10-year ARI event where disturbed area open for 24 months
d) Minimum 1 in 1 year ARI Hydraulic capacity for temporary culvert crossings
74. E&SC measures must be installed and maintained to ensure any waters discharged from the
site up to and including a 85%ile 5 day rain event (or 46mm rainfall event) contain less than
50mg Total Suspended Solids per litre. All relevant measures detailed in the International
Erosion and Sediment Control Book 2008 must be installed to minimise the amount of
sediment leaving the site in rainfall events that exceed 85%ile 5 day or 46mm.
75. Peak 1-year ARI event discharge from the construction phase of development must be
equivalent to the pre-development peak 1-year ARI event discharge. Measures included in
calculations to achieve management of peak flows must be incorporated into the
development in a manner that is consistent with the Noosa Plan, all conditions of the approval
and does not interfere with adjoining properties.
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76. Prior to the completion of the development, all site surfaces must be effectively stabilised.
For the purpose of this condition, an effectively stabilised surface is defined as one that does
not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully
erosion or lead to sedimentation, or lead to water contamination.
FOLLOWING CONSTRUCTION
Certification
77. Upon completion of the work and prior to the final inspection a certificate must be issued by
an RPEQ certifying that the works have been constructed in accordance with the Operational
Works permit and applicable engineering standards.
78. A final inspection and approval of the completed works by Council’s Inspector is required.
Please contact Council on 5329 6245 to arrange for the inspection.
79. All stormwater quality treatment devices must be maintained in accordance with the Water
by Design (2009) - Maintaining Vegetated Stormwater Assets (Version 1). A copy of this
document must be retained on the site together with the approved Operational Works
drawings for the stormwater quality treatment system and a detailed life cycle costing of the
system attached as an addendum. Records of all maintenance activities undertaken must
be kept and made available to Council upon request.
80. Any proposed Community Management Statement required for the development must
include the Water by Design (2009) – Maintaining Vegetated Stormwater Assets (Version 1)
document and must include the full cost of maintaining the system in accordance with that
document.
81. The areas identified as ‘Loading bay 3’ and ‘Loading bay 4’ in the Site Plan No. DA01 Rev.
7 and dated 13 March 2018, are to be used solely for truck loading and manoeuvring
purposes and must remain clear of obstructions at all times. These areas are not to be used
for any fabrication, assembly, storage or other purposes.
82. The loading and manoeuvring areas within the building must be line marked, sign posted and
pavement marked ‘Keep Clear’ in accordance with the areas described by ‘Loading bay 3’
and ‘Loading bay 4’ on Site Plan DA01 Rev 7 and dated 13 March 2018
MATERIAL CHANGE OF USE - MCU17/0568.01 – Additional Conditions – 3 October 2023
83. The display eco cottage is to be temporary and used for display only. It is not to be used as
an office.
84. The rear access as proposed on Site Plan, drawn by Eco Cottages dated 21 February 2023
and Site Plan – Landscape Added, drawn by Eco Cottages dated 19 June 2023 is not
approved. No vehicular access is to be gained from the rear of the site.
Water Sensitive Design
85. The proposed works (pedestrian foot bridge, showroom) must not adversely affect the
treatment capabilities or the structural integrity of any component of the existing bioretention
basin.
86. The supervising RPEQ must certify that the proposed works (pedestrian foot bridge,
showroom) has not adversely affected the treatment capabilities and structural integrity of
the existing bioretention basin. Certification must be provided and accepted by Council at the
completion of the works.
5. REFERRAL AGENCIES
Not applicable.
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6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations
under the ACH Act.
Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a) the Disability Discrimination Act 1992 (Commonwealth);
b) the Anti-Discrimination Act 1991 (Queensland); and
c) the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
3. Prior to the commencement of the use, please contact Council's DA Planning Section to
arrange a Development Compliance Inspection.
Nature and Extent of Approved Development
4. The assessment of this development was based on a proposal having a 1992m2 gross floor
area, as depicted on the Approved Plans.
Infrastructure Charges
5. 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
General Advisory Notes
6. Council has undertaken an audit check of the Operational Works drawings in relations to the
proposed works. A detailed check of the calculations and drawings has not been undertaken,
as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects
of the engineering design. Council reserves the right to require further amendments and/or
additions at a later date should design errors become apparent.
7. Council reserves the right to call up any performance bond held or levy charges against the
property, should emergency works be required to be undertaken by Council to make the site
safe due to inactivity on the development site for extended periods of time.
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8. Amendments to plans, in accordance to the relevant conditions, and/or any requested
changes to the conditions of this decision notice must be made within the appeal period or
the suspended/extended appeal period. Alternatively, an application for “Request to change
an existing approval” under the Sustainable Planning Act 2009 must be made along with
Council’s applicable fees.
9. It should be noted prior to arranging a pre-start meeting the Right of Appeal Period of 20
business days should have been passed or the applicant has have confirmed by a letter or
an email that he/she has accepted the conditions of Decision Notice and waived his/her
appeal right.
Qualified Person
10. For the purpose of certifying that the design of the stormwater harvesting tanks is in
accordance with the requirements of this Decision Notice, a qualified person is considered
to be a Registered Professional Engineer of Queensland (RPEQ), builder or plumber.
Environmental Advisory notes
11. 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 landscaping phases of this development are to adhere to their ‘general
environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
12. Accepted best practice standards include:
a) Best Practice Erosion and Sediment Control, International Erosion Control Association
(2008)
13. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the completion of the works:
a) Methods of stabilisation are:
i. appropriate for slopes and slope lengths; and
ii. are consistent with best practice environmental management practices such as in
the Manual for Erosion and Sediment Control or the IECA Manual;
b) Stormwater runoff from the site is not currently, and is not likely to result in visible
evidence of sedimentation or erosion, or lead to water contamination.
If at the time of the completion of the works, the method of short-term stabilisation has not
achieved a level of stability that Council's Officers believe will have a high probability of
achieving long term stability, Council Officers may take the following matters into
consideration in determining whether the site is capable of achieving medium to long-term
stability:
c) Evidence that the site has been effectively stabilised in the short term;
d) Evidence that soil has been adequately ameliorated;
e) Evidence that seed of annual and perennial grass species has been applied at an
adequate rate; and
f) That grass seed has germinated at a density that is likely to achieve an effective grass
cover.
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7. PROPERTY NOTES
1. This site is provided with stormwater quality treatment devices which capture and store
pollutants from stormwater runoff generated on the site. These devices are required to be
routinely checked and serviced/cleaned out as per Maintaining Vegetated Stormwater Assets,
Version 1 (Water by Design, 2009). Records of maintenance activities undertaken are to be
kept and made available to council officers upon request.
8. VARIATION APPROVAL DETAILS
Not applicable
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works Private Certification
10. SUBMISSIONS
Not applicable.
11. 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.
12. 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,
Jada Lyons
Graduate Development Planner
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 5 March 2018.
• Negotiated Decision Notice – 19 April 2018, with an amendment to conditions 2 and additional conditions 81 & 82.
• Decision Notice - Minor MCU17/0568.01 & OPW17/0602.01 – 3 October 2023, with an amendment to conditions 2, 16 , 17, 81 &
82 and additional conditions 83, 84, 85 & 86.
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (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 –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (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
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of 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
(2) The notice of appeal must be accompanied by the required fee.
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