Minor Change Existing Approval 51987.2966.05

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	51987.2966.05
Your Reference:	02498
30 August 2022
BR Williams
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir/Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 29 September 2021, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	51987.2966.05
Street address:	Lakelands Resort 2/396 Lake Cooroibah Rd Cooroibah
Real property description:	GTP 1928, Lot 2 GTP 1928
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 20 October 1987 (TPC 1903)
Development Permit for Material Change of Use of Premises – 25 Rural Tourist Villas, 2 Manager’s Residences & Community Hall
In relation to the request to make a minor change to the existing approval, Council on 29 August 2022, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend conditions 2, 3, 4, 5, 11, 12 & 13
Additional condition 21
Include Advisory Note

currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Submission to and approval by Council of building plans in accordance with the Building Act, Council's By-laws and Policies, and generally in accordance with the plans approved in this Consent and the Shire of Noosa Town Planning Scheme apart from where amendments are required by or have been granted in conjunction with this Consent.
Approved Plans
2.	The Plans submitted for Building Approval are to comply with the following requirements:-
(a) 	gross floor area of the villas (Lot 1) are not to exceed 100m2;
(b)	the gross floor area of the tents (Lot 2) is to be generally in accordance with Safari Tent Seringeti-12 approved plan prepared by Brian Williams and layout in accordance with Overall Site Plan DD01;
(c) 	side boundary setbacks of villas, tents and structures are to be not less than 10m; and
(d)	Development undertaken in accordance with this approval must generally comply with the approved plans of development for Lot 2. The approved plans for Lot 2 are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
DD01	L	Overall Site Plan, prepared by Ecolibrium (as annotated by council)	26-05-2021
A102	-	Floor Plan, Managers Residence and office, project no. 141KR	19-07-2021
A103	-	Elevation Plan, Managers Residence and office, project no. 141KR	19-07-2021
A107	-	3D Views, project no. 141KR	19-07-2021
A108		Section, project no. 141KR	19-07-2021
-	-	Proposed Storage Shed (Best Sheds)	-
-	-	Shed size and layout (Best Sheds)	-
-	-	Proposed Glamping Tents (rendering)	-
-	-	Safari Tent Seringeti-12 (layout and elevations), prepared by Brian Williams	July 2021
3.	The minimum floor level of all habitable buildings shall be RL3.5 AHD or the minimum floor level indicated on a Flood Search obtained from Council at the time of the construction of the specific building. Such floor level is to be achieved by buildings being constructed on suitably designed piled foundations.
No general filling of the site shall be permitted. Minor earthworks are required to be carried out below the 3.0m contour to improve the existing poor drainage in the area.
Any filling or other development work undertaken on the site shall be carried out so as to not cause ponding of water on any adjoining lots or the blockage or interference with any natural watercourses.
4.	Stormwater, including that from roofed and paved areas, is to be disposed of on-site so as to cause no scouring or damage to adjoining properties to the standards and requirement of the Shire Engineer.
The works within Lot 2 must be undertaken in accordance with an Operational Works approval and be generally in accordance with The Site Based Stormwater Management Plan, Revision B prepared by Marshall Civil Engineering dated 2 August 2021.
5.	The intersection of the proposed internal road with Lake Cooroibah Road is to be constructed to the standards and requirements of the Shire Engineer. The works must be undertaken in accordance with an Operational Works approval
6.	The Applicant shall contribute towards the upgrading of the existing lead-in road to the site. Contributions shall be paid in respect of each stage, at the rate of $1,000 (plus CPI adjustment from the date of this approval) per villa and one manager's residence. Note that no contributions shall be payable in respect of one of the proposed residences on the site.
7.	No works are approved within the Esplanade fronting the site. The area is to be left in its present natural state.
8.	Disposal of sewage wastes shall be to the satisfaction of the Shire Engineer. Effluent disposal shall generally be in accordance with J.F. & P. Consulting Engineer's report dated 28th September, 1987. Detailed designs prepared by a suitably qualified and experienced Professional Engineer are to be submitted to and approved by the Shire Engineer prior to the issue of building approval. Such design details shall indicate any special training requirements or any necessary skills the proposed operators of the treatment works should possess in order to ensure the efficient running of the treatment plant.
Particular consideration shall be given to the need to provide a suitable distance between any subsoil drains constructed under the requirements of the drainage improvement scheme and the proposed absorption trenches.
The treatment facility shall be constructed in conjunction with Stage 1 of the proposal and shall be completed prior to occupation of any of the buildings. Following completion of construction the Applicant shall arrange for a Professional Engineer to supervise the operation of the treatment plant and effluent disposal system. Reports on the operating process shall be submitted to Council each month for the first six months and then at three monthly intervals thereafter. The proposed pump station shall be installed above R.L. 2.8 m. AHO to prevent infiltration of flood waters.
Any areas within the site proposed to be utilized for irrigation purposes, utilizing effluent from the Treatment Plant, shall be subject to the following requirements
Submission of design details as above, with particular consideration given to the means of irrigation near the accommodation units.
Application rates to be designed for plant requirements only and to avoid excess infiltration into the groundwater system and to avoid infiltration into the drainage system proposed to improve drainage of existing poorly drained section of the site.
9.	For a period of twelve months following completion and occupation of the final stage of the development Council shall carry out periodic monitoring, at the Developer’s expense, of the water quality in the vicinity of the proposed irrigation area. Should it be determined that the water quality has been adversely effected as a result of the irrigation operations, the Applicants Engineer shall submit details of proposed means of alleviating the problem.
Dependent upon experience gained in operation of the sewage treatment and disposal system, Council may in the future levy an annual charge for monitoring and supervision of the system.
10.	The Applicant shall enter into an agreement with S.E.Q.E.B. to ensure the provision of electricity throughout the site.
11.	Provision of at least thirty (30) off-street car parking spaces, comprising twenty two (22) spaces for Lot 2 and (eight) 8 spaces for Lot 1, and access there to which are to be provided with a sealed pavement and designed, drained, constructed and maintained in accordance with the Town planning Scheme, Council’s policies and to the reasonable satisfaction of the Shire Engineer. Plans and specifications for these works are to be submitted to the Shire Engineer for approval in accordance with an Operational Works approval.
The layout for Lot 2 is generally as indicated on Drawing DA003-COL issue F by Mode Design for Lot 1 and DD01 Rev L dated 26-05-2021 for Lot 2 and is to provide a sealed manoeuvring area for each carparking space to enable the cars to leave each lot and the site in a forward direction.
12.	The open space and setback areas are to be landscaped in accordance with the Noosa Design Manual and specifically for Lot 2 in accordance with PSP2 – Landscaping in Noosa Plan and concept plans Riparian Zone Site Plan, Riparian Zone Planning Strategy and Vegetation Rehabilitation Planting Schedule and Performance Criteria, prepared by Environmental Landscape Planning dated 02/2022. A properly prepared landscaping plan to be submitted in accordance with an Operational Works approval, prior to the issue of a Building Approval for the tents on Lot 2.  Landscaping is to be planted in accordance with the approval prior to the occupation of the glamping tents.  All landscaping is to be maintained at all times across the site thereafter to the reasonable satisfaction of the Council. Existing trees are to be retained except where they impeded building operations or the conduct of the approved use. If existing trees are required to be removed a report by a suitably qualified person must be submitted to Council and approved prior to removal.
13.	Any Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
14.	Provision of approved refuse containers in accordance with the requirements of the Refuse Management Regulations of 1983 for the storage and collection of refuse to the satisfaction of Council's Health Surveyor.
...	.-.
	...	.-.15.	Provision of an imperviously paved, drained and enclosed area to accommodate all refuse containers to the reasonable satisfaction of Council's Health Surveyor. This area is to be aesthetically screened from any road frontage or adjoining property boundary and is to be setback a distance of two (2) metres from any road frontage. A suitable hosecock and hoses to be located in the vicinity of the refuse container area.
16.	Any flat, or unit intended to be let out for fee or reward is to be licenced annually with Council's Health Department in accordance with the provisions of Chapter 43 of Council's By-Laws prior to such letting.
17.	Submission of a cash bond or trading bank guarantee to the sum of $10,000, prior to the issue of Building Approval to secure performance of conditions. The cash bond or bank guarantee shall be returned to the applicant upon application to Council and follow satisfactory compliance with the condition for a period of not less than two (2) years following commencement of the approved use.
18.	The provisions of this Town Planning Consent are to be effected, prior to the commencement of the specific use granted under this Consent. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval for the purposes of litigation should the use not be conducted in accordance with this Approval.
19.	This Consent may be revoked pursuant to Section 33 (16D) of the Local Government Act if substantial progress has not been made in the erection of any building or other structures in accordance with this Consent or the rights conferred by this Consent are not exercised in accordance with this Consent within two (2) years of the date thereof.
20.	Any group title subdivision is to be the subject of a separate application for subdivision.
Additional Condition 29 August 2022
21.	With respect to Lot 2, the development must be developed in accordance with the Bushfire Hazard Assessment, prepared by Rob Friend and Associates Pty Ltd dated 2 April 2019.
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:
Please note there is an Infrastructure agreement that relates to the Effluent Disposal System.  This prevails over Conditions 8 & 9 of the approval.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
property notes
Not applicable
variation approval details
Not applicable
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building 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,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
DECISION NOTICE HISTORY
Original Decision Notice – 20 October 1987.
Decision Notice - Minor 51987.2966.05 – 29 August 2022; with an amendment to conditions 2, 3, 4, 5, 11, 12 & 13 and additional condition 21

	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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