Decision Notice - Approved by Delegation of Authority MCU20 0026 · MCU20/0026

Officer: 	Tara Norley
Direct Telephone: 	07 53296486
Our Reference:	MCU20/0026
Your Reference:	02706
30 September 2020
Sanya Holdings Pty Ltd TTE
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 24 September 2020, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU20/0026
Street address:	40 Park Crescent, Sunshine Beach Qld 4567
Real property description:	Lot 599 on RP48112
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for a Material Change of Use - Detached 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
SD 100.00	H	Site Plan, prepared by Shaun Lockyer Architects	18.09.20
SD 200.00	H	Floor Plans – Ground Floor, prepared by Shaun Lockyer Architects	18.09.20
SD 200.01	H	Floor Plans – Level 01, prepared by Shaun Lockyer Architects	18.09.20
SD 200.02	I	Floor Plans – Level 02, prepared by Shaun Lockyer Architects	18.09.20
SD 200.03	H	Floor Plans – Level 03, prepared by Shaun Lockyer Architects	18.09.20
SD 200.04	H	Floor Plans – Roof Level, prepared by Shaun Lockyer Architects	18.09.20
SD 300.00	H	Elevation – South West, prepared by Shaun Lockyer Architects	18.09.20
SD 300.01	H	Elevation – Park Crescent, prepared by Shaun Lockyer Architects	18.09.20
SD 300.02	H	Elevation – South East, prepared by Shaun Lockyer Architects	18.09.20
SD 300.03	H	Elevation – North East, prepared by Shaun Lockyer Architects	18.09.20
SD 300.04	H	Elevation – North West, prepared by Shaun Lockyer Architects	18.09.20
SD 400.00	H	Building Section – proposed building section 01, prepared by Shaun Lockyer Architects	18.09.20
SD 400.01	G	Building Section – proposed building section 02, prepared by Shaun Lockyer Architects	18.09.20
SD 400.02	G	Building Section – proposed building section 03, prepared by Shaun Lockyer Architects	18.09.20
SD 400.03	F	Building Section – proposed building section 04, prepared by Shaun Lockyer Architects	18.09.20
SD 400.04	F	Building Section – proposed building section 05, prepared by Shaun Lockyer Architects	18.09.20
SD 400.05	E	Building Section – proposed building section 06, prepared by Shaun Lockyer Architects	18.09.20
SD 060.00	E	Perspective Image – from Park Crescent 01, prepared by Shaun Lockyer Architects	18.09.20
SD 060.04	F	Perspective Image – south side of home, prepared by Shaun Lockyer Architects	18.09.20
SD 060.05	E	Perspective Image- north side of home, prepared by Shaun Lockyer Architects	18.09.20
SD 060.03	E	Perspective Image – rear of home, prepared by Shaun Lockyer Architects	18.09.20
Building Height
The maximum height of the development must not exceed 12 metres and 3 storeys above the finished ground level and the natural ground surface.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 24 September 2026, 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 $20,000.00 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for 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.
Built Form
The total site cover of buildings and other roofed structures must not exceed 35%.
The development must comply with side setbacks for a Detached House as per Schedule 1 of Noosa Plan 2006.
All boundary fencing must not exceed 2 metres in height from natural ground level.
Privacy
The roof terrace located on Level 03 must include either balustrading or fixed external screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of adjoining properties. All screens and balustrading must meet the maximum building height of this Decision Notice.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
A mix of native landscaping, such as ground covers, shrubs and trees, is provided for a width of 5m from the rear boundary of the site, except for where the pool is located.
Coastal Protection
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.

Engineering
Site Access and Driveways
A sealed access driveway must be provided from Park Crescent to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular a driveway crossover generally in accordance with Council’s standard drawings RS-049 and RS-050.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and generally in accordance with the “Stormwater Management Report”, ref: S20-023, prepared by Westera Partners for the subject property and dated 11 June 2020
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms. Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
Earthworks carried out on site must not affect the structural integrity of any of the adjoining lands and/or buildings and/or structures and/or services.
All earthworks and associated batters must be undertaken in accordance with an Operational Works approval. The works must:
be generally in accordance with geotechnical report named “Slope Stability Assessment and Geotechnical Report”, Ref 1-22543, prepared by Soil Surveys for the subject property and dated June 2020; and
must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
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
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
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.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Stormwater, Earthworks and Driveway Crossover
Development Permit for Building Works	All Building Works
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

Tara Norley
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Untiywater

	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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