REC13/0146 - Negotiated Decision Notice

Officer:	Glen Conforti
Direct Telephone:	53296241
Our Reference:	REC13/0146
Your Reference:	13/3032

13 March 2015

Valkev Pty Ltd
C/- Max Watterson & Associates
PO Box 639
COOROY  QLD  4563

Dear Sir/Madam

Negotiated Decision Notice
Sustainable Planning Act 2009
I refer to your application and the representations you made in respect to the decision notice. On 12 March 2015 Council decided your representations.
Details of the decision are as follows:
application details
Application No:	REC13/0146
Street Address:	61 Lake Macdonald Drive & 1 Wilgee Court, Cooroy  Qld  4563 (formerly 55 Lake Macdonald Drive)
Real Property Description:	Lot 5 SP 266731 Lot 8 SP 266743
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
Council on 18 December 2014 decided to issue the following type of approval:
Preliminary Approval to Reconfigure a Lot - 3 Lots into 18 Lots
In relation to representations, Council decided to:
A.	Agree to change the Preliminary Approval to a Development Permit with a relevant period of 4 years;
B.	Agree to issue a Negotiated Decision Notice and change Condition 1 and 15 to read as follows:
Stormwater Detention and Flooding
The Development must be carried out in accordance with the revised Stormwater Detention and Flooding Report, prepared by BSM, dated 10 February 2015.
Deleted
Deleted
Active Park
Active park embellishments must be provided generally in accordance with drawing number 14/005-S01, titled Erindale Park, Cooroy Proposed Park Land Development Concept Plan, prepared by Play Environment Consulting dated 17.11.14 and 14/005-S02, titled Erindale Park, Cooroy Proposed Park Land Development Concept Plan, prepared by Play Environment Consulting dated 17.11.14. All works to be dedicated are “non-trunk infrastructure” for the purposes of the Sustainable Planning Act 2009.
Relevant period of approval
The relevant period for this development approval is 4 years starting the day that this development approval takes effect..
assessment manager conditions
PLANNING
Stormwater Detention and Flooding
The Development must be carried out in accordance with the revised Stormwater Detention and Flooding Report, prepared by BSM, dated 10 February 2015.
Deleted.
Deleted.
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to Council endorsement of the Plan of Survey.
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, prepared by	Date
10-3032AP5B		Plan of Lot Reconfiguration of Lot 5 on SP266731 & Parts of Lot 137 on MCH978 & Lot 2 on RP173883 (Stage 3)	02-07-14
1225-89	A	Revegetation & Rehabilitation Management Plan – Eastern Tributary Stage 5 & 6 and as annotated by Council	1 October 2014
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.
Road & Park Names
The proposed names of roads and parks must be lodged with the application for a Development Permit for Operational Works. Names are to be:
Relevant to Australian, preferably local, history ,flora, fauna, culture, landscape or physical characteristics;
If used, personal names should commemorate persons who have contributed significantly to the development of the region; demonstrated outstanding levels of civic service;  or achieved role-model status in the wider community or donated property or funds for community benefit; and be recognised in memoriam;
Park names should be unique within the locality;
Approval will not be given to a name that may construed as advertising, is more than one word, understanding that a geographic relationship such as Cooroy Mountain is permissible; is insensitive to diverse cultures and does not accord with community standards; and is not concise, easy to pronounce and spell and be without accent marks, apostrophes or hyphens.
All street signs on new roads (public and private) and parks must be erected prior to works being accepted on maintenance.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
all constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement
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
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to each lot in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to each lot.
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 Operational 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 & Ecology
Landscaping and rehabilitation works must be undertaken in accordance with an Operational Works approval and Planning Scheme Policy - PSP 3 Landscaping Plants and Guidelines. An ecological rehabilitation and landscaping plan must be submitted, prepared by a suitably qualified person* and must include in particular:
Western Tributary - the area to be rehabilitated must be generally 10m from the top of bank of the western tributary and the whole of The Noosa Plan’s mapped Riparian Buffer area to the western side of the western tributary.
Eastern Tributary - the area to be rehabilitated must be generally in accordance with the approved Revegetation & Rehabilitation Management Plan – Eastern Tributary Stage 5 & 6
details of the treatment to all batters, armoury, plantings, weed treatment, location of services/utilities and rehabilitation.
a maintenance period of no less than 3 years
a species palette and densities table incorporating the species selection of only native indigenous species
measurable and achievable criteria on which the performance of the floristic and structural component of the re-vegetation strategy can be assessed annually over three years, including no weeds at the end of the re-vegetation period
provision of 1 street tree with a minimum pot size of 100 litres planted within the road reserve for every 8 metres of road frontage including around the cul de sac’s
control of all weeds species listed in the following standards and legislation:
declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003
Council Listed Environmental Weeds, Exotic Grasses and other plants identified in writing by Council (*refer to Advisory Note)
All rehabilitation and re-vegetation of the eastern tributary (waterway) must be completed prior to Council endorsement of the Plan of Survey.
Dedication of Land as Reserve
The area identified as lot 100 Park must be dedicated to the Crown as a reserve for Park purposes. The land to be dedicated is “non-trunk infrastructure” for the purposes of the Sustainable Planning Act 2009.
Active Park
Active park embellishments must be provided generally in accordance with drawing number 14/005-S01, titled Erindale Park, Cooroy Proposed Park Land Development Concept Plan, prepared by Play Environment Consulting dated 17.11.14 and 14/005-S02, titled Erindale Park, Cooroy Proposed Park Land Development Concept Plan, prepared by Play Environment Consulting dated 17.11.14. All works to be dedicated are “non-trunk infrastructure” for the purposes of the Sustainable Planning Act 2009.
Works within Protected Land
The following works must be undertaken within the land to be dedicated to the Crown as Park reserve:
footbridge and pathway
All rehabilitation and re-vegetation of the eastern and western tributaries (watercourses)
Active Park embellishments in accordance with this Decision Notice.
All works must be undertaken in accordance with an Operational Works approval.
ENGINEERING
External Works
A new intersection must be constructed joining Blue Wren Place with the new road. The works must be undertaken in accordance with an Operational Works approval, and must include in particular:
vehicle priority maintained to Blue Wren Place
provision of sight distances adequate for the design speed of the road
installation of street lighting
All works to be dedicated are “non-trunk infrastructure” for the purposes of the Sustainable Planning Act 2009.
New Roads
The new roads shown on the Approved Plans must be constructed in accordance with the conditions of this Decision Notice and dedicated as road reserve at no cost to Council. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a reserve width of 15 metres minimum widened where applicable to encompass the cul-de-sacs and the necessary verge areas
sealing, kerbing and channelling
an “Access Road” in accordance with Council’s Planning Scheme Policy 5 – Engineering Design Standards - Road, Drainage and Earthworks
construction of pedestrian footpaths in accordance with the conditions of this Decision Notice
installation of street lighting
modifications to existing services
cul-de-sacs in accordance with Council’s Planning Scheme Policy 5 – Engineering Design Standards - Road, Drainage and Earthworks
bollards or similar approved barriers on the western side of the new road that prevent vehicles from entering into the proposed bio-swale and park
flood immunity in accordance with QUDM
All works to be dedicated are “non-trunk infrastructure” for the purposes of the Sustainable Planning Act 2009.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a 2 metre wide footpath within the road verge on the eastern side of the new road extending to join with the existing pathway in Blue Wren Place
pram ramps on both sides of Blue Wren Place at the intersection with the new road
a 2 metre wide footpath within proposed Lot 100 extending to the pathway and footbridge as shown on plan number 1225-62A dated 9/14 prepared by Callaghan and Toth
a 2 metre wide footpath within the new road (between lots 25 & 26) and proposed Lot 100 connecting the cul-de-sac of the new road to the existing pathway network in Lake Macdonald Drive.
All pedestrian and bicycle facilities to be dedicated are “non-trunk infrastructure” for the purposes of the Sustainable Planning Act 2009.
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 must include in particular:
the drainage structures generally as shown on the Approved Plans
the provision of Level 2 inter-allotment drainage for proposed Lots 26-28 including registration of drainage easements
provision of kerb adapters for all new lots that discharge into the new road
extension of the site stormwater system to accommodate stormwater from applicable areas external to the site, including registration of drainage easements
a maintenance path to any proposed bioretention basin that is suitable for Council’s maintenance vehicles
A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and the Bioretention Technical Design Guidelines (Water by Design) and must include in particular:
stormwater quality treatment devices generally in accordance with the Approved Plans
bioretention devices which:
are designed generally in accordance with IPWEQA Standard Drawing No. WSUD-001
are designed to ensure that flows which exceed the treatment capacity of the device avoid damaging of the filter media or subjecting the filter media to excessive sediment loads
are provided with a free-draining outlet from the sub-soil drainage system
Where bio-retention devices (or similar) are required within a residential allotment the devices:
must be installed prior to the sealing of the Survey Plan
must be protected by a covenant.
a maintenance handbook, able to be provided to future owners, must be prepared for the system to outline how the system works and the level of maintenance that will be regularly required. The maintenance handbook must be submitted to Council for approval and for records purposes prior to the sealing of the Survey Plan.
Detailed life cycle costing must be prepared for the stormwater quality treatment system by a Registered Professional Engineer Queensland and submitted to Council prior to the issue of any Development Permit for Operational Works.
Electricity and Telecommunication Services
Underground reticulated electricity and telecommunication services must be provided to each lot in accordance with an approval for Operational Works and 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 which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Easements for inter-allotment drainage within Lots 26-28 which encompass the constructed drainage structures.
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
All fill and associated batters must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
UNITYWATER
The following Unitywater conditions are applied in accordance with the South East Queensland (Distribution and Retail) Restructuring Act 2009 and Unitywater’s Interim Connections Policy. The conditions below form part of a water connection aspect which are taken to be a water approval for a staged connection. Any future applications must be made to Unitywater under South East Queensland (Distribution and Retail) Restructuring Act 2009. Unitywater can be contacted as follows:
Phone: 	1300 0 Unity (1300 086 489)
Email:   	[email protected]
Web:     	www.unitywater.com
Reticulated water must be provided to each lot in the development. This must include:
Ensuring that internal water pipes are wholly contained within the lot they will serve.
An approved water meter for each lot in accordance with Unitywater and SEQ Standard Drawings.
Provision of a water service from the existing 100mm diameter water main to service located in Blue Wren Place to service each lot within the proposed subdivision in accordance with Unitywater and SEQ Standard Drawings.
Water meters must be located on alternative boundaries to electrical pillars
The fire-fighting demand on Unitywater’s water supply system from the development must not exceed 15 litres per second
Reticulated sewerage must be provided to each lot in the development. This must include:
Ensuring sewer house drains are wholly contained within the Lot they will serve.
Provision of sewerage infrastructure to within the property boundaries of each Lot within the proposed subdivision.
A minimum clearance of 1.5 metres must be maintained between Unitywater sewers and proposed building envelopes, buildings and other structures
Easements of between 3 and 10 metres must be provided over all Unitywater sewers located within property boundaries in accordance with the SEQ standards. Easements shall be centred over the pipe. Easement terms shall be the most current registered dealing held by the Department of Natural Resources & Mines and shall not be altered or amended.
Stormwater retention systems and gross pollutant traps must maintain a minimum clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure
Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature and suitable Unitywater approved varieties.
Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.
referral agency conditions
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:
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 on 07 32476212 to discuss any obligations under the ACH Act 2003.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the Sustainable Planning Act 2009.
Qualified Persons
For the purpose of preparing a Rehabilitation Plan, a qualified person is considered to be a landscape architect or ecologist with a minimum of 3 years current experience in the field of landscape design.
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. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
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:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.  NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
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.
UNITYWATER
Connection to the Unitywater live water supply and live sewerage system must be undertaken by Unitywater at the applicant’s cost.
property notes
The following property notes will be placed against the subject property in Council’s property record system:
Stormwater Treatment Device
The following notation applies to approved lots 26, 27 and 28:
“A private stormwater treatment device is located within this allotment and the owner is responsible for any maintenance”
“This property contains a stormwater treatment device protected by a covenant, and a maintenance handbook is available under separate application which outlines the maintenance requirements.”
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Operational Work (Earthworks, Roads, Stormwater Drainage, Frontage Works and Landscaping & Park Embellishments)
self assessable codes
Not Applicable
submissions
Not Applicable
reasons/grounds for approval
Not Applicable
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

DECISION NOTICE HISTORY Original Decision Notice – 18 December 2014 Negotiated Decision Notice – 12 March 2015, with an amendment to conditions 1 & 15.

Yours faithfully

Denis Wallace
Acting Manager Planning & Environment

Enc:	Appeal Rights
Infrastructure Charge Agreement
Infrastructure Charge Notice
Approved Plans/Documents
cc:	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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