Decision Notice - Approved by Delegation of Authority RAL21 0008

Officer: 	Blake Coulston
Direct Telephone: 	07 53296420
Our Reference:	RAL21/0008
Your Reference:	201312
13 May 2021
Courtney Family Investments P/L TTE
C/- Bennett + Bennett
3/7 Golf Street
MAROOCHYDORE  QLD  4558
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 10 May 2021, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	RAL21/0008
Street address:	9 Butler St Tewantin Qld 4565
Real property description:	Lot 1 RP 174646
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot – 1 lot into 2 lots
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 works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
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
201312_001_PRO	B	Plan of Proposed Lots 1 & 2. Cancelling Lot 1 on RP174646, prepared by Bennett+Bennett	2/1120
001.01.21		Bushfire Management Plan Lot 1 on RP174646, 9 Butler Street Tewantin, prepared by Bushfire Risk Reducers	7.01.2021
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Currency Period
This development approval lapses if the use has not happened by 5 May 2025, unless an application to extend the currency period is approved by Council.
Plan of Development/Building Envelope
The applicant must prepare a metes and bounds building envelope plan for proposed lot 2. The building envelope must be in accordance with the Noosa Plan 2020 setbacks and the approved Bushfire Management Plan. The plan must be submitted in both hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates. The applicant must submit the metes and bounds plan to Council for approval prior to the issue of any operational works approval.
All future dwellings on Lot 2 must be sited and constructed in accordance with the approved building envelope. An amended plan of subdivision must be submitted to council prior to the issue of any operational works approval which shows the building envelope and the required setbacks in accordance with the approved Bushfire Management Plan. A copy of the approved Plan of Development and metes and bounds plan must be included in the contract of sale for Lot 2, together with a clause which requires future dwellings to be constructed in accordance with them.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the setbacks to any new boundaries for any existing buildings remaining on lot 1 must comply with the relevant provisions of the planning scheme and the Building Act, unless varied by this Decision Notice. In this regard the existing structures near the new access handle boundary (new southern boundary of lot 1) are approved but must comply with the relevant building provisions. A building approval for these structures or certification from a Building Certifier certifying that the structures comply with the relevant building provisions must be provided prior to the sealing of the subdivision plans.
all utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement
all retaining walls and structures are fully contained within the lot they retain
any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties
Landscaping
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Screening vegetation must be planted for the full length of both sides of the access handle driveway of lot 2 in accordance with Council’s Planning Scheme Policy PSP2 - Landscaping. The gardens on each side of the access handle must be a minimum of 0.6m wide.  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 5 metres and a maximum spacing of 2 metre centres.
A landscape plan for the driveway planting (access handle) must be provided in accordance with an operational works approval.
Bushfire
All new buildings and structures must comply with the recommendations of the approved Bushfire Management Plan. A copy of the approved Bushfire Management Plan must be included in the contract of sale for Lot 2, together with a clause which requires future buildings and structures to be constructed in accordance with it.
Property Access and Driveways
A residential driveway must be constructed to Lot 2. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number 201102-SK01, Revision A prepared by Ferg & Roeds dated 24 February 2021. The works must extend from the formation in Butler Street for the full length of the access handle and include the manoeuvring area within Lot 2. The works must be completed prior to the sealing of the survey plan.
All vehicles must exit along the access handle of Lot 2 in a forward gear. The design of the any dwelling on Lot 2 must provide sufficient area for on-site manoeuvring of vehicles and provide a visitor space clear of the access driveway to the lot.
A property note will be added to Council’s rates records for Lot 2.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number 201102-SK01, Revision A prepared by Ferg & Roeds dated 24 February 2021. The works must be completed prior to the sealing of the survey plan.
Roof runoff from the existing structures on Lot 1 must be connected to the proposed on-site system prior to the sealing of the survey plan.
Runoff from any new buildings and/or structures and/or hardstand constructed on Lot 2 must be connected to the on-site system.
A property note will be added to Council’s rates records for Lot 2.
The on-site stormwater systems must be maintained by the property owners of Lots 1 and 2
Services
Reticulated electricity and telecommunication services must be provided to each lot in accordance with the standards and requirements of the relevant service provider.
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.
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
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.
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:
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
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
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.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
property notes
The following property notes will be placed against the subject property in Council’s property record system:
RAL21/0008 – Building envelope
The following notation or similar applies to lot 2
Private Certifiers, owners and prospective purchasers are notified that a building envelope applies to this parcel of land. Contact Council's Planning Department for Details. (refer to Council Approval RAL21/0008).
RAL21/0008 - Property Access Driveway
The following notation or similar applies to approved lot 2:
Private Certifiers, owners and prospective purchasers are notified that special access and carparking requirements apply to this parcel of land. Contact Council's Planning Department for Details. (refer to Council Approval RAL21/0008).
RAL21/0008 - Stormwater
The following notation applies to approved lots 1 and 2
Private Certifiers, owners and prospective purchasers are notified that special stormwater requirements apply to this parcel of land. Contact Council's Planning Department for Details. (refer to Council Approval RAL21/0008).
RAL21/0008 - Bushfire
The following notation or similar applies to approved lot 2:
Private Certifiers, owners and prospective purchasers are notified that a Bushfire Management Plan (BMP) applies to this parcel of land. Contact Council's Planning Department for Details. (refer to Council Approval RAL21/0008).
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	Driveway and turnaround, Stormwater, Landscaping.
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,

Blake Coulston
Development Planner

Enc:	Appeal Rights
Infrastructure Charge Notice
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

[word/footer1.xml]
Page 7 of 7

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 7

[Attachment: image3.png (image text)]
ee) NOOSA COUNCIL