Decision Notice - Approved by Delegation of Authority MCU20 0096

Officer: 	Tara Norley
Direct Telephone: 	07 53296486
Our Reference:	MCU20/0096
Your Reference:	n/a
6 May 2021
PA Hardisty
C/- Coastal Building Certifications Pty Ltd
PO Box 890
BUDERIM  QLD  4556
[email protected]
Dear Sir
Decision Notice
Planning Act 2016
I refer to your application and advise that on 4 May 2021, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU20/0096
Street address:	34 Ross Crescent, Sunshine Beach Qld 4567
Real property description:	Lot 564 on RP48112
Planning Scheme:	Noosa Plan 2020 (31 July 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dwelling house (Coastal Protection); and
Development Permit for Building Work assessable against the Planning Scheme for Demolition
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Material Change of Use – MCU20/0096
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
C1.0	-	Site & Roof Plan, prepared by Chris Clout Design	19-03-21
C2.0	-	Basement Floor Plan, prepared by Chris Clout Design	19-03-21
C3.0	-	Ground Floor Plan, prepared by Chris Clout Design	19-03-21
C4.0	-	Upper Floor Plan, prepared by Chris Clout Design	19-03-21
C5.0	-	Elevation – E & W, prepared by Chris Clout Design	19-03-21
C6.0	-	Elevation – N & S, prepared by Chris Clout Design	19-03-21
C7.0	-	Section, prepared by Chris Clout Design	19-03-21
C7.1	-	Section, prepared by Chris Clout Design	19-03-21
C7.2	-	Sections – Boundary Setbacks, prepared by Chris Clout Design	19-03-21
Built form
The maximum height of the development must not exceed 8 metres above ground level.
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.
The building must be 2 storeys in accordance with Noosa Plan 2020. In this regard the north and south side of the basement entry must be back filled to the natural ground level.
The swimming pool within the front boundary setback must be less than 1 metre above the natural ground level and comply with the Queensland Development Code.
Fill and finished floor levels must not exceed 1 metre above the natural ground level within the 6 metre front setback.
The northern elevation on the upper floor level may be screened as indicated on the approved plans but must not be fully enclosed (by a wall).
Site Cover must not exceed 48.8% for the ground floor and 32.9% for the upper floor, calculated in accordance with Noosa Plan 2020.
Roof terrace
The roof terrace must include screening devices, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining properties in all directions including to the north and north west. In this regard, screening devices must be provided to the northern end of the roof terrace to effectively screen open space areas of the neighbouring properties to the north and north west.
The roof terrace must not be roofed or enclosed.
Currency Period
This development approval lapses if the use has not happened by 4 May 2027, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 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.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
To screen the development, screening vegetation must be planted for the full length of the north, south and west boundaries in accordance with Council’s Planning Scheme Policy PSP2 - Landscaping.  The planted vegetation must have a minimum pot size of 200mm and consist of native, endemic species with a mature height of not less than 8 metres and a maximum spacing of 2 metre centres.
One 45 litre street tree must be provided within the frontage. The tree must be a coastal species in accordance with PSP2 – Landscaping.
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 Ross 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;
generally in accordance with SCG’s preliminary issue drawing 31015-C2.1, titled “Driveway Plan”, dated March 2021; and
designed to grades that ensure that vehicles will not bottom out or scrap on the driveway or the road formation when entering and exiting the site.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.
Stormwater runoff from the development must be disposed of without causing scour or damage to the subject site or any adjoining property. The works must be undertaken in accordance with a site specific Stormwater Management Plan (SWMP), prepared by a suitably qualified person. The SWMP must not rely on a system requiring the need for pumps.
The site specific SWMP must be provided as part of the Development Permit for Building Works.
The site specific SWMP must be consistent with the site specific geotechnical report’s recommendations.
Private drainage structures must not be constructed within the road reserve.
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
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.
Geotechnical Stability
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 works must be carried out in accordance with a Geotechnical Report (or part thereof) prepared by a qualified person* and endorsed through the Building Permit. The geotechnical report must identify the building foundation requirements and stability considerations necessary for the stability of the subject site (and any associated ancillary structures) and the adjoining properties for the longer term.
*(Refer to Advisory Notes)
The site specific geotechnical report must be consistent with the site specific SWMP’s recommendations.
All retaining walls and associated foundations/footings must be wholly contained within the lot they support.
Earthworks and Retaining Walls
All fill and associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
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.

Building Work assessable against the Planning Scheme
DEMOLITION
Additional information required
A waste management plan, in accordance with the requirements of Planning Scheme Policy PSP9 Waste Management, is to be provided to Council for approval prior to the issue of the development permit for building works.
Codes of development
Unless specifically conditioned otherwise, all works must comply with the relevant acceptable solutions as contained in the Waste Management Code and Water Quality and Drainage Code of the Noosa Plan.
Currency period
Demolition work must have substantially commenced within 12 months from the date of this decision notice.
Performance Bond
Security to the value of $5,000 must be provided to Council’s Building and Plumbing Services prior to the issue of the development permit for building works. The security must be in the form of a cash bond or bank guarantee, for security against satisfactory completion of works.
Protection of infrastructure
Infrastructure including reticulated water, sewerage, stormwater, and electricity must be protected from damage and made safe to the standard required by the regulatory authority.
Where required, a temporary crossing must be provided to protect road reserve infrastructure including kerb and channel.
NOTE: A Road and Footpath permit may be required prior to the commencement of work.  For further information, please contact Council’s Customer Service on 5329 6500.
Any damage to footpaths, street plantings, natural vegetation/trees, kerb and channel, bridges or roadways at the removal/demolition site must be repaired or reinstated to at least pre-existing conditions.
Waste Management
Adequate area must be provided on-site for the collection and separate storage of recyclable, non-recyclable, vegetative and hazardous materials in their specific waste streams during removal or demolition works.
All waste materials must be removed from the site to avoid causing unhealthy conditions, with the site left clean, tidy and free from any debris.
Where a development permit has not been issued for the future use of the site, hard surfaced areas including concrete slabs must be removed and disturbed areas must be revegetated in accordance with PSP2 Landscaping of the Noosa Plan 2020.  Alternatively, the site must be turfed within 20 business days of completing the removal or demolition work.
Water Quality and Drainage
Erosion and sediment control is to be undertaken in accordance with the requirements of the Water Quality and Drainage Code of the Noosa Plan.  Measures are to be installed and/or maintained until soils are stabilised by 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).
Health and Safety
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging, are removed from the building prior to demolition or relocation.
Removal of building materials containing asbestos must be undertaken by a licensed asbestos removalist.
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.
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.
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:
PLANNING
Aboriginal Cultural Heritage Act 2003
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 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
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:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
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
Fires in Urban Areas
Please note that in urban areas of the Noosa Shire Council area, fires are prohibited except where in an appliance used for domestic heating or cooking purposes, which must comply with particular Standards. Any area identified as a fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local Law No. 3, Schedule 3.  Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years’ experience in the field of geotechnical engineering or engineering geology.
Demolition
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
All activities associated with the removal or demolition must be contained within the property boundaries at all times with site gateways opening inwards and at approved locations only.  If the works cannot be contained within the site, a road and footpath permit must be applied for.
This decision notice does not approve or authorise the removal/clearing of vegetation from the site.
Release of the security will be subject to the following: -
Receipt of the Form 21 Final Inspection Certificate; and
Receipt of the Form 4 (Notifiable Works Form) or Compliance Certificate for the Plumbing and Drainage works.
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 Operational Works	Crossover
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

Tara Norley
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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