Decision Notice - Approved by Delegation of Authority DBW22 0131

Officer: 	Jada Lyons
Direct Telephone: 	07 53296527
Our Reference:	DBW22/0131
Your Reference:	n/a
13 December 2022
RS Armstrong & N Gaghan
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY  QLD  4563
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 8 December 2022, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	DBW22/0131
Street address:	57 Hayward Rd Lake Macdonald Qld 4563
Real property description:	Lot 11 SP 143416
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Building Works - Additions to Dwelling House (Biodiversity)
Development Permit for Building Works - Demolition
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use of the building 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
1054.01 - 02	C	Site Plan, prepared by Suncoast Studio	4 July 2022
1054.01 – 03	C	Overall Floor Plan, prepared by Suncoast Studio	4 July 2022
1054.01 - 06	C	Elevations, prepared by Suncoast Studio	4 July 2022
1054.01 - 07	C	Elevations, prepared by Suncoast Studio	4 July 2022
1054.01 - 08	C	Sections, prepared by Suncoast Studio	4 July 2022
1054.01 – 10	C	Roof Plan, prepared by Suncoast Studio	4 July 2022
1054-01 – 14	C	Garage, prepared by Suncoast Studio	4 July 2022
1054-01 – 15	C	Pool Shelter, prepared by Suncoast Studio	4 July 2022
All new buildings must be setback a minimum of 10m from the site’s boundaries.
Currency Period
This development approval lapses if the use has not happened by 8 December 2024, unless an application to extend the currency period is approved by Council.
Vegetation
Existing trees on the site must be retained, except where required to be removed to accommodate the approved dwelling.
Water Supply
The approved dwelling must be serviced with a rainwater tank having a minimum storage capacity of no less than 45,000 litres.
Effluent Treatment
The dwelling must be connected to an approved on-site effluent treatment and disposal system.
DEMOLITION
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council prior to the issue of a Development Permit for Building Works for demolition, to secure the demolition conditions of this approval. The cash bond or trading bank guarantee will be returned on performance of the demolition conditions of this approval less any costs incurred by Council in respect of enforcing performance of these demolition conditions. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Works
Demolition must be undertaken in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste management
A Waste Management Plan (demolition) must be submitted in accordance with Planning Scheme Policy PSP10 - Waste Management and approved by Council’s Waste Coordinator prior to issue of a development permit for Building Works for demolition, removal or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free.  Higher gate fees are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The areas for the storage and separation of waste shown on a site plan;
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and
Table – Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s and the like. If the site remains vacant for more than 30 days the lot/s must be turfed or landscaped in accordance with Planning Scheme Policy PSP 2 – Landscaping and to the satisfaction of Council so as to not cause nuisance to the surrounding area.
All waste materials must be removed from site.
Litter, erosion and sediment control
Litter, erosion and sediment control measures must be installed and maintained until soils are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage system (e.g. roadside gutter).
Asbestos
Removal of building materials containing asbestos must be undertaken by a licensed asbestos removalist.
Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011 requires a licensed asbestos removalist to give notice to Workplace Health and Safety Queensland (WHSQ) of licensed asbestos removal work at least five days before the work commences. Notification must be made using Form 65: Notification of licensed asbestos removal work, demolition work or emergency demolition.
All building materials containing asbestos products are wrapped and disposed of in accordance with the Public Health Regulation 2006 and the Environmental Protection Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses businesses that transport asbestos waste, and landfills that accept this waste.
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at demolition of a building, the existing sanitary drain upstream from the connection point for a service provider’s sewerage system must be sealed water tight. This work is deemed as notifiable Work and must be carried out by a suitably licenced plumber who must submit an As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building Construction Commission) within 10 days of completing the work.
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
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,

Jada Lyons
Assistant Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater

	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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