Decision Notice - Approved by Delegation of Authority MCU21 0134

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU21/0134
Your Reference:	n/a
29 November 2021
M R Huntley-Walker
32 Running Creek Road
NORTH ARM  QLD  4561
[email protected]
Dear Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 24 November 2021, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU21/0134
Street address:	64 Reserve St Pomona Qld 4568
Real property description:	Lot 189 MCH 1261
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dwelling house & Class 10a Buildings
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
	-	Site Plan, prepared by the applicant	15/11/2021
9321-ZAR 2B	-	Ground Floor Plan – House, prepared by Plantation Homes	11/08/2020
3A	-	Elevations, prepared by Planation Homes	11/08/2021
3B	-	Sections / Elevations, prepared by Plantation Homes	11/08/2021
318555	-	Shed Plans, prepared by Steeline Roofin Spot Sunshine Coast	13/08/2021
318557	-	Shed Plans, prepared by Steeline Roofin Spot Sunshine Coast	13/08/2021
Currency Period
This development approval lapses if the use has not happened by 24 November 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 $5,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the pre-start meeting. 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.
General
Where damage occurs to any Council asset as a result of the development works, it must be repaired immediately where it creates a hazard that presents risk to person or property. Other damage must be repaired prior to completion of works.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
All relevant Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
Environment
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards.
(*Refer to Advisory Notes).
Limit soil exposure on the site to a distance of no more than 2m beyond the extent of earthworks shown on the approved plans except where the exposed soil is effectively stabilised without delay and prior to rainfall occurring.
Vegetation Retention
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.
A “no clearing zone” must be established and maintained over the land area identified as outside of the asset protection zone detailed within the approved Bushfire Management Plan. The following activities must not be carried out within the ‘no clearing zone’:
clearing, cutting down, poisoning, lopping or pruning of native vegetation which is indigenous to, or planted within, the zone
soil/spoil dumping and/or compacting
soil excavation, other than for planting indigenous native plants.
The following exceptions apply:
declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003, and any Council Listed Environmental Weeds, Exotic Grasses and other plants identified in writing by Council;
indigenous native trees which pose a well-founded threat to persons or property as approved in writing by Council;
controlled bushfire burns to maintain ecological processes subject to submission of a Bushfire Management Plan and agreed in writing by Council.
Vegetation Removal
Vegetation removal must be supervised and undertaken in accordance with the Bushfire Management Plan V1, prepared by North Coast Environmental Services dated 11 November 2021.
All tree and vegetation removal works must be undertaken by a qualified person*.
*(Refer to Advisory Note)
Prior to commencement of use, a suitably qualified* person must certify compliance of approved vegetation removal as per Bushfire Management Plan V1, prepared by North Coast Environmental Services dated 11 November 2021*.
*(Refer to Advisory Note)
Riparian Buffer Landscaping Works
Provide a Rehabilitation Landscaping works plan for the development prepared by a suitably qualified person as part of an Operational Works application, including the following minimum specifications:
Rehabilitation of the Riparian Buffer area extending a minimum width of 10m from the western side of the creek bank for the full length of the creek on the subject property, to achieve the floristic composition of Regional Ecosystem 12.3.2/12.3.1/12.3.11;
Landscape planting specifications in accordance with Landscaping Code and PSP2 Landscaping;
A planting schedule of suitably locally occurring species, plant numbers and locations, reflective of the Regional Ecosystem 12.3.2/12.3.1/12.3.11;
Control of all environmental weeds of the site in accordance with best industry practice for environmental rehabilitation which does not result in bed or bank instability;
Avoid undesirable plant species identified in PSP2 Landscaping;
Planting densities must result in a stable channel over the long term and minimal potential for pest plant species.
Fauna Management
A qualified person* must be engaged to manage fauna prior during clearing to:
Ensure works are carried out in accordance with the Nature Conservation Act 1992.
Undertake pre-clearing inspections including fauna relocation and removal or blocking of all vacant hollows.
Ensure clearing works avoids nesting times of animals and birds.
Protect and recover fauna during clearing operations (not previously removed).
Manage the translocation of animals and recovery procedures in accordance with relevant legislation.
*(Refer to Advisory Note)
Fencing
Any proposed new fencing to delineate boundary alignments within the Biodiversity Overlay and/or Koala Priority and Koala Habitat Areas must be constructed to allow for the movement of fauna. Such fencing must:
allow adequate clearance at ground level for local macropods;
not include any use of barbed wire or similar materials;
provide regular opportunities for passage over and through;
be agreed by Council.
Bushfire Management
The development must be carried out in accordance with the Bushfire Management Plan V1, prepared by North Coast Environmental Services dated 11 November 2021.
In accordance with the approved report Bushfire Management Plan V1, prepared by North Coast Environmental Services dated 11 November 2021 an asset protection zone must be maintained on the site which is kept free of:
grass understoreys;
shrubs and small trees;
large trees that have continuous or overlapping canopies with other large trees;
trees that overhang dwellings or structures;
dead branches and loose bark; and
woodpiles, combustible material storage areas, large quantities of garden mulch or any other form of stacked flammable materials.
A copy of the Bushfire Management Plan V1, prepared by North Coast Environmental Services dated 11 November 2021 must be provided to the nearest fire authority.
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the bushfire management conditions of this Decision Notice.
*(Refer to Advisory Note)
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

	State Assessment and Referral Agency (SARA)	Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1 (10.9.4.2.4.1) - State transport corridors and future State transport corridors	The agency provided its response on 26/10/2021 (Reference No. TMR21-034248. A copy of the response is attached.

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
Qualified Person
Qualified Person, for the purpose of:
A Bushfire Management Plan for certifying compliance with the bushfire requirements of this Decision Notice, a qualified person is considered to be an ecologist with a minimum of 3 years current experience in the field of bushfire assessment and management.
Undertaking, supervising tree works and preparing arboriculture certification, is considered to be a person with a minimum three years current experience in tree protection, hazard identification/mitigation and Specifying Trees – a guide to assessment of tree quality (NATSPEC) assessment and either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
Retention of Existing Trees
The existing trees on adjoining properties must be retained and protected during construction. To avoid doubt, this advisory note is not intended to exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following construction of the development which is the subject of this development approval.
Standard Drawing
Councils standard drawing for a rural crossover RS-056 (and associated addendums) can be found on Councils website or by following this link: https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/standard-drawings
6	referenced documents
Plan No.	Rev.	Plan/Document Name	Date
J000953	1	Bushfire Management Plan – prepared by North Coast Environmental Services	11/11/2021
property notes
MCU21/0134 – Bushfire Management
To ensure the safety of people and property on this property is maintained, all buildings and structures must be sited and/or constructed in accordance with the bushfire management plan and conditions of Council Approval MCU21/0134 and any associated Operational Work approvals.
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	Rehabilitation Landscaping works
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
Referral Agency Response
Approved Plans/Documents
cc.	SARA at DILGP
Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/
(for assistance, contact DILGP at 5352 9701 or email [email protected])

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	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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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 4

[Attachment: image3.png (image text)]
 

 

Queensland
Sonernment

SARA reference: 2100-24848 SRA
(Council eference: — MCU2W0134

27 October 2021
Chief Executive Officer
‘Noosa Shire Council
POBox 141

“Tewantin QLD 4565
‘[email protected]

Attention: Lisa Pienaar

Dear Ms Pienaar,
SARA response—64 Reserve Street, Pomona
(Real agenoy response given under secon 50 of he Flaming Act 2076)

“The development application described below was confirmed as property referred by the State
‘Assessment and Referral Agency (SARA) on 27 September 2021

 

 

Response

‘Outcome: ‘Referral ageney response — with conditions

Date of response, 27 October 2021

Condition: “The conditions in Attachment 1 must be attached to any
development approval

Aevie ‘Advice to the applicants in Attachment 2

Reasons: “The reasons forthe referral agency response are in Attachment 3

Development details

Description ‘Development Permit for Material Change of Use — Dweling House

‘SARA role: Referal gency

‘SARA tigger: ‘Schedule 10, Par 9, Division 4, Subdivision 2, Table 4 tem 4

(10:8.424.1)- State transport corridors and future Staie transport
‘corridors (Planning Regulation 2017)

‘SARA reference: 2109-24848 SRA,
Assessment Manager: "Noosa Shire Council
‘Street address: 64 Reserve Street, Pomona,

Real property description: Lot 189. on MCH1261

‘South East Queensland (North) regional foe
Mie tbe Suing, etl 12 rt Aer, Macon
Page 1087 PO Bor 1122, Mavcchycore GLO


[Attachment: image4.png (image text)]
210824048 SRA

‘Applicant name: (Mrs Michelle Huntley-walker
‘Applicant contact details: ‘32 Running Creek Road

North arm QLD 4561

zimbomhw@gmailcom
‘State-controlled road access This referral included an application for a road access location, under
ert: ‘section 624(2) of Transport Infrastructure Act 1994. Below are the

details of the decision:

+ Approved

‘© Reference: TMR21-034248

‘© Date: 26 October 2021

Ifyou are seeking further information on the road access permit,
please contact the Department of Transport and Main Roads at
‘North Coast IDAS@tmr aid.gov au

Representations
“An applicant may make representalone toa concurTence agency, at any tne before the appeaton fs

decided, about changing @ matter in the referral agency response (s.30 Development Assessment Rules)
Copies ofthe relevant provisions are in Attachment 4.

 

‘A copy of ths response has been sent tothe applicant for their information.

For further information please contact Alex Keane, Senior Planning Officer, on 07 3452 6768 or via email
‘[email protected] who will be pleased to assist

Ze,
aa

‘Garth Nolan
‘Manager (Planning)

co Mrs Michelle Huntey-walker,zimbomhu@2gmailcom

lene Attachment 1 - Rafer ageney conditions
‘Astachmant 2-Advies tothe pplieant
‘Aitachmant 3- Reasons for efral agency response
‘Stachmant 4- Representations about a refemal agency response provisions
‘Aitachment §- Approved plan

‘State Aasessment an Refer Agnoy Page 207


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Attachment 1—Referral agency conditions

210824048 SRA

 

‘Under secon €6(1(b)i) of the Planning Act 2076 the folowing conditions must be tached t any devalopmert
_2pprova eating to this application) (A copy ofthe plan referenced below i found in Attachment 5).

 

No,_| Conditions:

‘Condition timing

 

matter relating tothe following condition:

10.9.4.2.4.1—The chief executive administering the Planning Act 2076
(of the Department of Transport and Main Roads (DTMR) to be the enforcement authority for the
‘development to which this development approval relates for the administration and enforcement of any

nominates the Director-General

 

1 | (@) The road access location to Pomona Connection Road is,

10 be located generally in accordance with Pian: Untitled
Plan — 64 Reserve Street, Pomona and as amended in
red by SARA

(©) Road access works comprising a rural property access
‘must be provided at the road access location, in
particular:

‘+The access isto be sealed from the pavement
‘edge tothe property boundary.

+ Drainage beneath the access must include a
minimum pipe size of 450mm diameter RCP with
sloping headwalls.

(©) Road access works must be designed and constructed in
‘accordance with TMR standard drawing number 1807,
‘ited Property Access, Rural Property Access Drawing 1
8.2, prepared by Queenstand Govemment, Department
of Transport and Main Roads, dated July 2020 and the
Department of Transport and Main Roads’ Road Planning
‘and Design Manual (2nd edition).

(@)Atall times

(©) & ©) Priorto the
‘commencement of use and
‘maintained at all times.

 

‘2. | (@) Stormwater management of the development must
ensure no worsening or actionable nuisance tothe state-
‘controled road,

(©) Any works on the land must not:

(create any new discharge points for stormwater
runoff onto the state-controlled road

(interfere with andior cause damage to the existing
‘stormwater drainage on the state-controlled road

(surcharge any existing culvert or drain on the state-
controled road

(i) reduce the quality of stormwater discharge onto the
‘state-controlled road,

 

 

 

(a) Atal imes

(©) Atall ies

 

 

‘State Aasessment an Refer Agnoy

Page Set?


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210824048 SRA

Attachment 2—Advice to the applicant

 

 

General advice

 

1

“Terms and phrases used in tis document are defined in the Planning Act 2076 is regulation or
the State Development Assessment Provisions (SDAP) version 2.6. Ifa word remains undefined it
haas its ordinary meaning,

 

‘Public utility works and connection approval advice
‘The applicant is advised that if any works andlor connections are requited to publi utility services:
within a State-contvolled road reserve, approval must be given by the Department of Transport
‘and Main Roads under the relevant public utility legisttion (electricity, water/sewer,
telecommunication) and in accordance with TMR technical standards (TN163). Approvals must
bbe obtained prior to commencing any utlty works within the state-controlled road reserve. Please
‘contact the public utility eam via [email protected] for further information on the
application and approval process.

 

 

 

‘Road access works approval
Under section 33 ofthe Transport Infrastructure Act 1994, written approval is required from the
Department of Transport and Main Roads to carry out road works on a state-controlled road
Please contact the Department of Transport and Main Roads’ on

"North. Coast [email protected] to make an application for road works approval. This approval
‘must be obtained prior to commencing any works on the state-controlled road reserve. The
‘approval process may require the approval of engineering designs of the proposed works, certified
by a Registered Professional Engineer of Queensland (RPE). Please contact the Department of
‘Transport and Main Roads’ as coon as possible to ensure that gaining approval does not delay
‘construction.

 

 

‘State Aasessment an Refer Agnoy Page dof7

 


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210824048 SRA

Attachment 3—Reasons for referral agency response
(Given under secon 257) ofthe Panning Act 2076)

 

‘The reasons for the SARA's decision are:

‘The development complies with State Code 1: Development ina state-controlled road environment of the

‘SDAP. Specifically the development:

“+ does not create a safety hazard for users of a state-controlled road

‘+ does not compromise the structural integrity of state-controlled roads, road transpot infrastructure or
road works:

‘+ does not result in a worsening ofthe physical condition or operating performance of state-controlled
roads and the surrounding road network

‘+ does not compromise the state's ability to construct, or significantly increase the cost to construct
state-controlled roads and future state-controlled roads

‘© does not compromise the state's ability to maintain and operate state-controlled roads, or significantly
increase the cost to maintain and operate state-controlled roads

‘+ does not compromise the structural integrity of public passenger transport infrastructure or
‘compromise the operating performance of public passenger transport services:

‘+ avoids or mitigates significant adverse impacts resuling from environmental emissions generated by
Vehicles on the state-controlled road

‘Material used in the assessment of the application:
“The development application material and submitted plans

Planning Act 2016

Panning Regulation 2017

“The SDAP (version 2.6), as published by the SARA

“The Development Assessment Rules

‘SARA DA Mapping system

Human Rights Act 2019.

‘State Aasessment an Refer Agnoy Page Sof7

 


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