SUPERSEDED - Minor Change Existing Approval OPW20 0145.02

Officer: 	Mark Lewis
Direct Telephone: 	07 53296290
Our Reference:	OPW20/0145.02 : JELDER
Your Reference:	.
23 March 2021
Stockwell Development Group Pty Ltd
PO Box 3144
SOUTH BRISBANE   QLD  4101

[email protected]
Dear Sir,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 31 August 2020, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	OPW20/0145.02
Street address:	Noosa Civic 28 Eenie Creek Rd Noosaville Qld 4566
Real property description:	Lot 3 SP 246584
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 17 December 2020.
Development Permit for Operational Works – Drainage Works, Earthworks, Electrical, Telecommunications, Street Lighting, Landscaping, Roadworks, Traffic Signage, Stormwater and Clearing.
In relation to the request to make a minor change to the existing approval, Council on 18 March 2021, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Amend conditions 1 to read as follows
C.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016
currency period of approval
The currency period for this development approval is stated in the conditions below.

assessment manager conditions
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
EW02	A	Earthworks Notes Prepared by Barlow Shelley	19/02/2020
EW03	A	Earthworks Layout Plan 1 of 8 Prepared by Barlow Shelley	13/09/2019
EW04	A	Earthworks Layout Plan 2 of 8 Prepared by Barlow Shelley	13/09/2019
EW05	A	Earthworks Layout Plan 3 of 8 Prepared by Barlow Shelley (AS ANNOTATED BY COUNCIL)	13/09/2019
EW06	B	Earthworks Layout Plan 4 of 8 Prepared by Barlow Shelley (AS ANNOTATED BY COUNCIL)	11/12/2020
EW07	A	Earthworks Layout Plan 5 of 8 Prepared by Barlow Shelley	13/09/2019
EW08	B	Earthworks Layout Plan 6 of 8 Prepared by Barlow Shelley	11/12/2020
EW09	B	Earthworks Layout Plan 7 of 8 Prepared by Barlow Shelley	11/12/2020
EW10	A	Earthworks Layout Plan 8 of 8 Prepared by Barlow Shelley	13/09/2019
R31	E	General Notes Prepared by Barlow Shelley	23/11/2020
R33	E	Overall Works Layout Plan Prepared by Barlow Shelley	23/11/2020
R34	E	Access Management Plan Prepared by Barlow Shelley	23/11/2020
R35	G	Road Works Layout Plan 1 of 8 Plan Prepared by Barlow Shelley	14/12/2020
R36	G	Road Works Layout Plan 2 of 8 Plan Prepared by Barlow Shelley	14/12/2020
R37	F	Road Works Layout Plan 3 of 8 Plan Prepared by Barlow Shelley (AS ANNOTATED BY COUNCIL)	10/12/2020
R38	E	Road Works Layout Plan 4 of 8 Plan Prepared by Barlow Shelley (AS ANNOTATED BY COUNCIL)	23/11/2020
R39	G	Road Works Layout Plan 5 of 8 Plan Prepared by Barlow Shelley	14/12/2020
R40	G	Road Works Layout Plan 6 of 8 Plan Prepared by Barlow Shelley	14/12/2020
R41	E	Road Works Layout Plan 7 of 8 Plan Prepared by Barlow Shelley	23/11/2020
R42	E	Road Works Layout Plan 8 of 8 Plan Prepared by Barlow Shelley	23/11/2020
R43	F	Road A Longitudinal Section Prepared by Barlow Shelley	14/12/2020
R44	E	Road A Cross Section Prepared by Barlow Shelley	23/11/2020
R45	F	Road B Longitudinal Section Prepared by Barlow Shelley	14/12/2020
R46	E	Road B Cross Sections (Sheet 1 of 2) Prepared by Barlow Shelley	23/11/2020
R47	E	Road B Cross Sections (Sheet 2 of 2) Prepared by Barlow Shelley	23/1/2020
R48	F	Hofmann Drive Longitudinal Section Prepared by Barlow Shelley	14/12/2020
R49	E	Hofmann Drive Cross Sections Sheet 1 of 2 Prepared by Barlow Shelley	23/11/2020
R50	E	Hofmann Drive Cross Sections Sheet 2 of 2 Prepared by Barlow Shelley	23/11/2020
R51	F	Road C Longitudinal Section Prepared by Barlow Shelley	14/12/2020
R52	E	Road C Cross Sections Sheet 1 of 2 Prepared by Barlow Shelley	23/11/2020
R53	E	Road C Cross Sections Sheet 2 of 2 Prepared by Barlow Shelley	23/11/2020
R54	E	Lot 10-15 Driveway Longitudinal Section Prepared by Barlow Shelley	23/11/2020
R55	E	Lot 10-15 Cross Sections Sheet 1 of 2 Prepared by Barlow Shelley	23/11/2020
R56	E	Lot 10-15 Cross Sections Sheet 2 of 2 Prepared by Barlow Shelley	23/11/2020
R57	E	Walter Hay Drive / Road A Intersection Plan Prepared by Barlow Shelley	23/11/2020
R58	G	Road A / B / Hofmann Drive / Road C Roundabout Detail Plan Prepared by Barlow Shelley	14/12/2020
R59	E	Road B / Hofmann Drive Intersection Prepared by Barlow Shelley	23/11/2020
R60	F	Road C / Noosa Civic Access Road Roundabout Detail Plan Prepared by Barlow Shelley	10/12/2020
R61	E	Lots 23 Driveway Cross Sections Prepared by Barlow Shelley	23/11/2020
R62	E	Lots 23 Driveway Longitudinal Section Prepared by Barlow Shelley	23/11/2020
R63	E	Lots 23 Driveway Cross Sections Prepared by Barlow Shelley	23/11/2020
R64	G	Linemarking Layout Plan 1 of 7 Prepared by Barlow Shelley	14/12/2020
R65	G	Linemarking Layout Plan 2 of 7 Prepared by Barlow Shelley	14/12/2020
R66	F	Linemarking Layout Plan 3 of 7 Prepared by Barlow Shelley (AS ANNOTATED BY COUNCIL)	10/12/2020
R67	E	Linemarking Layout Plan 4 of 7 Prepared by Barlow Shelley (AS ANNOTATED BY COUNCIL)	23/11/2020
R68	G	Linemarking Layout Plan 5 of 7 Prepared by Barlow Shelley	14/12/2020
R69	G	Linemarking Layout Plan 6 of 7 Prepared by Barlow Shelley	14/12/2020
R70	E	Linemarking Layout Plan 7 of 7 Prepared by Barlow Shelley	23/11/2020
R71	E	Linemarking Typical Sections Prepared by Barlow Shelley	19/02/2020
SW02	E	Stormwater Notes Prepared by Barlow Shelley	26/11/2020
SW05	F	Stormwater Layout Plan 1 of 8 Prepared by Barlow Shelley	10/12/2020
SW06	F	Stormwater Layout Plan 2 of 8 Prepared by Barlow Shelley	10/12/2020
SW07	F	Stormwater Layout Plan 3 of 8 Prepared by Barlow Shelley (AS ANNOTATED BY COUNCIL)	10/12/2020
SW08	E	Stormwater Layout Plan 4 of 8 Prepared by Barlow Shelley (AS ANNOTATED BY COUNCIL)	26/11/2020
SW09	F	Stormwater Layout Plan 5 of 8 Prepared by Barlow Shelley	10/12/2020
SW10	F	Stormwater Layout Plan 6 of 8 Prepared by Barlow Shelley	10/12/2020
SW11	E	Stormwater Layout Plan 7 of 8 Prepared by Barlow Shelley	26/11/2020
SW12	E	Stormwater Layout Plan 8 of 8 Prepared by Barlow Shelley	26/11/2020
SW13	E	Stormwater Longitudinal Section Sheet 1 of 3 Prepared by Barlow Shelley	26/11/2020
SW14	E	Stormwater Longitudinal Section Sheet 2 of 3 Prepared by Barlow Shelley	26/11/2020
SW15	F	Stormwater Longitudinal Section Sheet 3 of 3 Prepared by Barlow Shelley	10/12/2020
SW19	F	Bio-Retention Basin Layout & Detail Plan Sheet 1 of 6 “Road A” Prepared by Barlow Shelley	10/12/2020
SW20	F	Bio-Retention Basin Layout & Detail Plan Sheet 2 of 6 “Road C” Prepared by Barlow Shelley	10/12/2020
SW21	F	Bio-Retention Basin Layout & Detail Plan Sheet 3 of 6 “Road C” Prepared by Barlow Shelley	10/12/2020
SW22	F	Bio-Retention Basin Layout & Detail Plan Sheet 4 of 6 “Hofmann Drive” Prepared by Barlow Shelley	10/12/2020
SW23	F	Bio-Retention Basin Layout & Detail Plan Sheet 5 of 6 “Road C” Prepared by Barlow Shelley	14/12/2020
SW24	F	Bio-Retention Basin Layout & Detail Plan Sheet 6 of 6 “Typical Bio Basin” Prepared by Barlow Shelley	10/12/2020
SW25	F	Tree Pit Layout & Detail Plan Sheet 1 of 2 “Road B” Prepared by Barlow Shelley	10/12/2020
SW26	F	Tree Pit Layout & Detail Plan Sheet 2 of 2 “Road C” Prepared by Barlow Shelley	10/12/2020
SW27	E	Stormwater Outlet Detail Plan Sheet 1 of 4 (Structure 1/2 & 1/12) Prepared by Barlow Shelley	26/11/2020
SW28	F	Stormwater Outlet Detail Plan Sheet 2 of 4 (Structure 1/5) Prepared by Barlow Shelley	10/12/2020
SW29	E	Stormwater Outlet Detail Plan Sheet 3 of 4 (Lot 3) Prepared by Barlow Shelley	26/11/2020
SW30	E	Stormwater Outlet Detail Plan Sheet 4 of 4 (Structure 1/19) Prepared by Barlow Shelley	26/11/2020
		Bushfire Management Plan  prepared by Queensland Bushfire Planning	December 2020
J23177	2	Arborist report prepared by Arbor Operations	July 2020
	1	Fauna Management Plan prepared by Australia Wide Environmental Consultant	September 2020
1 of 23	H	OVERALL SITE LAYOUT PLAN ED20265 OPW 01 prepared by element design	July 2020
2 of 23	H	SHEET LAYOUT PLAN ED20265 OPW 02 prepared by element design	July 2020
3 of 23	H	STREETSCAPE PLANTING PLAN ED20265 OPW 03 prepared by element design	July 2020
4 of 23	H	STREETSCAPE PLANTING PLAN ED20265 OPW 04 prepared by element design	July 2020
5 of 23	H	STREETSCAPE PLANTING PLAN ED20265 OPW 05 prepared by element design (AS ANNOTATED BY COUNCIL)	July 2020
6 of 23	H	STREETSCAPE PLANTING PLAN ED20265 OPW 06 prepared by element design (AS ANNOTATED BY COUNCIL)	July 2020
7 of 23	H	STREETSCAPE PLANTING PLAN ED20265 OPW 07 prepared by element design	July 2020
8 of 23	H	STREETSCAPE PLANTING PLAN ED20265 OPW 08  prepared by element design	July 2020
9 of 23	H	STREETSCAPE PLANTING PLAN ED20265 OPW 09 prepared by element design	July 2020
10 of 23	H	STREETSCAPE PLANTING PLAN ED20265 OPW 10 prepared by element design	July 2020
11 of 23	H	STREETSCAPE PLANTING PLAN ED20265 OPW 11 prepared by element design	July 2020
12 of 23	H	STREETSCAPE PLANTING PLAN ED20265 OPW 12 prepared by element design	July 2020
13 of 23	H	STREETSCAPE PLANTING PLAN ED20265 OPW 13 prepared by element design	July 2020
14 of 23	H	STREETSCAPE PLANTING PLAN ED20265 OPW 14 prepared by element design	July 2020
15 of 23	H	STREETSCAPE PLANTING PLAN ED20265 OPW 15 prepared by element design	July 2020
16 of 23	H	STREETSCAPE PLANTING PLAN ED20265 OPW 16 prepared by element design	July 2020
17 of 23	H	STREETSCAPE PLANTING PLAN ED20265 OPW 17 prepared by element design	July 2020
18 of 23	H	STREETSCAPE PLANTING PLAN ED20265 OPW 18 prepared by element design	July 2020
19 of 23	H	STREETSCAPE PLANTING PLAN ED20265 OPW 19 prepared by element design	July 2020
20 of 23	H	BIO RETENTION BASIN PLAN ED20265 OPW 20 prepared by element design	July 2020
21 of 23	H	DETAILS PLAN OPW 21 prepared by element design	July 2020
22 of 23	H	PLANT SCHEDULE PLAN ED20265 OPW 22 prepared by element design (AS ANNOTATED BY COUNCIL)	July 2020
23 of 23	H	10m WIDE BUFFER & SPECIFICATION ED20265 OPW 1 prepared by element design	July 2020
STG-M000053677 Sheet 1 of 5	F	Pit and Pipe Layout prepared PE Consulting Engineers	08.12.2020
STG-M000053677 Sheet 2 of 5	F	Pit and Pipe Layout prepared PE Consulting Engineers	08.12.2020
STG-M000053677 Sheet 3 of 5	F	Pit and Pipe Layout prepared PE Consulting Engineers	08.12.2020
STG-M000053677 Sheet 4 of 5	F	Pit and Pipe Layout prepared PE Consulting Engineers	08.12.2020
STG-M000053677 Sheet 5 of 5	F	Pit and Pipe Layout prepared PE Consulting Engineers	08.12.2020
S1301229 Sheet 1 of 9	E	INSTALL NEW 500kVA PMT, 11kV & LV CABLE, CONDUITS, PILLARS, PITS & STREETLIGHTS prepared PE Consulting Engineers	06.01.2021
S1301229 Sheet 2 of 9	E	INSTALL NEW 500kVA PMT, 11kV & LV CABLE, CONDUITS, PILLARS, PITS & STREETLIGHTS prepared PE Consulting Engineers	06.01.2021
S1301229 Sheet 3 of 9	E	INSTALL NEW 500kVA PMT, 11kV & LV CABLE, CONDUITS, PILLARS, PITS & STREETLIGHTS prepared PE Consulting Engineers	06.01.2021
S1301229 Sheet 4 of 9	E	INSTALL NEW 500kVA PMT, 11kV & LV CABLE, CONDUITS, PILLARS, PITS & STREETLIGHTS prepared PE Consulting Engineers	06.01.2021
S1301229 Sheet 5 of 9	E	INSTALL NEW 500kVA PMT, 11kV & LV CABLE, CONDUITS, PILLARS, PITS & STREETLIGHTS prepared PE Consulting Engineers	06.01.2021
S1301229 Sheet 6 of 9	E	INSTALL NEW 500kVA PMT, 11kV & LV CABLE, CONDUITS, PILLARS, PITS & STREETLIGHTS prepared PE Consulting Engineers	06.01.2021
S1301229 Sheet 7 of 9	E	INSTALL NEW 500kVA PMT, 11kV & LV CABLE, CONDUITS, PILLARS, PITS & STREETLIGHTS prepared PE Consulting Engineers	06.01.2021
S1301229 Sheet 8 of 9	E	INSTALL NEW 500kVA PMT, 11kV & LV CABLE, CONDUITS, PILLARS, PITS & STREETLIGHTS prepared PE Consulting Engineers	06.01.2021
S1301229 Sheet 9 of 9	E	INSTALL NEW 500kVA PMT, 11kV & LV CABLE, CONDUITS, PILLARS, PITS & STREETLIGHTS prepared PE Consulting Engineers	06.01.2021
10651CSP Page 1	D	Part - Stage 4 Clearing (within Clearing Staging Plan) prepared by Norris Clarke and O’Brien P/L	01/03/2021
10651CSP Page 2	D	Part - Stage 4 Clearing (within Clearing Staging Plan) prepared by Norris Clarke and O’Brien P/L	01/03/2021
10651CSP Page 3	D	Part - Stage 4 Clearing (within Clearing Staging Plan) prepared by Norris Clarke and O’Brien P/L	01/03/2021
10651CSP Page 4	D	Part - Stage 4 Clearing (within Clearing Staging Plan) prepared by Norris Clarke and O’Brien P/L	01/03/2021
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 17 December 2022, unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITIONS
As part of the subsequent survey plan for the creation of the lots the boundaries of Covenant J on SP182845 must be amended to:
ensure that all drainage structures and associated banks, batters and scour protection are located wholly outside of the covenant area
the covenant does not extend into proposed Lot 24
PRIOR TO COMMENCEMENT OF WORKS
Bonds
A performance and/or site control and/or compliance bond of $50000 is to be submitted to Council prior to the pre-start meeting. The pre-start meeting will only be held once Council's Construction Engineering Officer has confirmation that the bond monies have been received by Council.
The bond will be refunded less any costs incurred by Council in ensuring compliance with these conditions or any additional inspections incurred for substandard work or work undertaken not in accordance with this permit.
Bonds must:
meet the requirements of council’s relevant Planning Scheme Policy for performance and uncompleted works.
be calculated using a schedule of works and relevant bond equation
have approval of the bond calculations and amount from Council prior to lodgement
be lodged with Council and accompanied by the Bond Administration Fee/s.
be requested for release by writing to Council, when relevant approval requirements have been met.
Engineering
Tree protection fencing must be installed under the supervision of the Project Arborist.  (Refer to Retention of Existing Trees Conditions)
All necessary approvals from external service providers (eg Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
Copies of the approved plans, duly signed by the consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer Construction at the “pre start” meeting
A condition report of the drainage system must be completed for agreement at the prestart meeting. The condition report is to include a CCTV inspection of the existing pipe under Hofmann Drive.
A condition report including photographs of the frontage of the site must be completed and submitted to council at the prestart meeting / prior to any works commencing.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Landscape works;
Electrical reticulation works;
Erosion and sediment control works;
Other relevant parties
A final Construction Management Plan must be submitted to Council prior to the pre-start meeting. The plan must be generally in accordance with the Construction Management Plan prepared by Barlow Shelley ref:1856-CMP-01 Version 2.0 dated October 2020 and include the following amendments/additions:
Section 2.3
Working Hours
Written approval must be obtained from Council prior to any works outside of the approved operating hours
No works are permitted on Sundays
Section 2.4
Amend the commencement date
Section 4.1
include “No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off”
include details on the location of external fill/dump sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.
include NB: any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
Section 4.12
include 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 and services and other relevant issues
include a post out to the local residents and business advising of the proposed development, the expected time frames and the site contact details
include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details
include signage/displays in prominent locations within the adjacent shopping centre advising of the proposed development, the expected time frames and the site contact details
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
Environment
Provide written evidence of Council’s receipt of monies required by Clause 4 of the Environmental Offset Agreement.
Ensure all retained vegetation is clearly marked out on site for inspection by Council’s delegate
Provide to Council for review a staged clearing plan, endorsed by the fauna consultant to comply with fauna management requirements in this permit.
Provide to Council the written findings of the fauna consultant’s pre-clearing trapping works.
DURING CONSTRUCTION
Engineering
The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice
The relevant conditions of the higher order Reconfiguration of Lot approval viz. Judgement No 765 of 2020  to which this approval relates
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site
Roadworks (External Roadworks & Road Widening Works)
All pavement widening or construction of new pavement must join neatly to the existing pavement so that there are no irregularities in line or level resulting at or adjacent to the join for the length of the construction. Where necessary the existing pavement must be brought to a satisfactory standard to allow for the above.
All street surfacing must consist of a minimum depth of 45mm of an approved hot mixed asphaltic concrete, unless other pavement types are approved as feature areas in intersection thresholds, speed control devices, turning areas, indented parking etc.
The installation and/or modification of any traffic signs, street signs, line marking and Raised Reflective Pavement Markings (RRPMs) must be in accordance with the Manual of Uniform Traffic Control Devices (MUTCD). New or relocated signage must be installed using the VLok installation system. All new signage must be Class 1 retroreflective material in accordance with AS 1906.1, Retroreflective materials and devices for road traffic control purposes – Part 1: Retroreflective sheeting.
The developer must notify Council’s Traffic Engineer for any works involving the removal or modification of existing council traffic signs and/or parking bays prior to such works commencing.
Root barriers are required to be installed behind the back of kerb for all new kerbs within 5m of a trunk of a tree.
Pavement Design and Construction
The pavement designs shown on the engineering drawings are not approved. To attain approval for the pavement design, the following details must be submitted and certified by an RPEQ with the proposed pavement design:
The design CBR must be based on the four day soaked CBR value for the subgrade material.
The design subgrade CBR must be representative of each homogenous insitu section of finished subgrade. With respect to each section:
For four or less test results, the design CBR must be taken as the least estimated insitu CBR result.
For five or more test results, the design CBR must be taken as the 10th percentile of all estimated insitu CBR results
The samples must be taken generally in the position of the outer wheel path on both sides of the proposed road.  A sketch plan showing the location of all tests must be submitted with the test results for pavement design approval
Where imported material has been (or is proposed to be) used for subgrade replacement, and the depth of the imported material is less than 300mm, the pavement design CBR must be based on the testing results of the insitu material and not the imported material.
At the time of subgrade inspection, the subgrade must exhibit no visible signs of deformation under proof rolling by a fully loaded water truck. The pavement subgrade will not be passed until this requirement has been achieved.
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the roads, driveways and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve/Reinstatement
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
All frontage works must match neatly with existing road and verge/footpath features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Electrical conduits or other services proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Pathways
All pathways must be constructed in accordance with the following requirements:
All footpath/cycleway must generally comply with Council’s Standard Drawing RS-065.
Provision must be made for disabled access at all kerb crossings associated with pathways, in accordance with Council's current standards.
All paths must have a slip resistant surface
Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth ride for cyclists
The required work includes any modifications to ensure the footpath finishes flush with all existing service covers and the like, or alternatively these services are raised or altered, so as not to create a pedestrian safety hazard
Pathways must:
terminate in a manner that ensures smooth transition to existing surfaces for public safety
be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS1428 Design for access and mobility
Site Access and Driveways
Driveway crossovers must be constructed generally in accordance with Council’s Standard Drawing RS-051
Any existing unnecessary or redundant property accesses must be removed, and the kerb, footpath and verge area reinstated to match the existing footpath and/or verge treatments. Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed or turf, and must be maintained by the developer until established.
The following must be complied with during the construction of the required crossovers/driveways:
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete.
The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties
Underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway
Where there is an existing pedestrian path, a matching crossfall must be provided for the driveway on the alignment of the path, for the full width of the path
Earthworks and Retaining Walls
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and uniformity of fill shall be provided by a RPEQ and submitted to Council prior to Council signing the Plan of Survey.
Fall protection must be provided to retaining walls that are over 1m high.
Slope and batters are a maximum grade of:
1 in 6 where in proximity to waterbodies
1 in 4 for grassed areas.
1 in 3 for planted areas
1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (eg by blocking or interfering with natural overland flows).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Bioretention Basins - Construction
The bioretention devices must be constructed in accordance with the document Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009). Option 1 of the staged construction and establishment methods is to be followed as documented in the guidelines
During construction and establishment of the bioretention devices, the supervising RPEQ must ensure that the device is constructed in accordance with the document Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009) and that the forms contained in section 3.15 including the associated supporting information and data are completed. These forms and certification from the RPEQ that the device has been constructed in accordance with the Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009), all conditions of approval, and the approved engineering drawings must be submitted to Council prior to plan sealing
A construction hold point with a council delegate shall be established once the bioretention device underdrainage pipe work is installed. At the time of inspection, a sample of the drainage layer, transition layer, and filtration media materials must be stockpiled on-site.  Laboratory results must be provided for the filter media which demonstrate that the media complies with the specifications contained in the latest version of the “Guidelines for Soil Filter Media in Bioretention Systems” (produced by the Facility for Advancing Water Biofiltration) and that the minimum hydraulic conductivity specified on the approved engineering plans will be achieved. In addition laboratory results must be provided demonstrating that the transition layer and drainage layer meet the following bridging criteria:
D15 (drainage layer) ≤ 5 × D85 (transition layer)
D15 (transition layer) ≤ 5 × D85 (filter media
A construction hold point with a council delegate shall be established when the temporary cover is to be removed from the bioretention device an inspection shall be arranged with Council’s delegate
Prior to acceptance of the basin either on or off maintenance, council must receive evidence that the results for the in-situ hydraulic conductivity testing conducted in accordance with FAWB PRACTICE NOTE 1: In Situ Measurement of Hydraulic Conductivity Belinda Hatt, Sebastien Le Coustumer April 2008 for the bioretention filter media achieve the design criteria.
Bioretention Basins – Maintenance & handover
Subsoil drains are to be cleaned out and accumulated sediment manually removed from the surface of basin and coarse sediment forebays at Off Maintenance and as required during the maintenance period.
All stormwater quality treatment devices must be maintained by the development in accordance with Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) until they are accepted as Off Maintenance by Council.
Any defects in WSUD devices identified during the maintenance period must be reviewed and a report recommending required rectification works submitted to Council and endorsed by Council’s delegate. Works to repair the device and prevent the problem occurring in the future must be completed and the device maintained for a minimum period of 12 months prior to the WSUD device being accepted as Off Maintenance.
Prior to council accepting the bioretention devices Off Maintenance, maintenance checklists including the full cost of maintaining the devices in accordance with Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) must be submitted to Council.
Bioretention Basins - Education
The development shall be provided with approved Permanent signage to educate the public on the function of the bioretention basin. The wording for the signage for each bioretention basin is to include: “BIORETENTION BASIN - This bioretention basin reduces the pollution of our waterways by reducing the amount of heavy metals, litter, suspended solids, and nutrients discharged to Lake Weyba”.
Erosion and Sediment Control
Prescribed Water Contaminants (as defined in Schedule 9 of Environmental Protection Regulation 2008) 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. These measures must be designed, implemented and maintained in accordance with “Best Practice Erosion and Sediment Control” published by the International Erosion Control Association (Australasian Chapter) (IECA, 2008), to the extent that such measures and practices are also consistent with the following:
Minimise Erosion
For areas of the site which drain to a sediment basin, implement drainage and erosion control measures prior to rainfall which prevent or minimise rill erosion and gully erosion
For areas of the site which do not drain to a sediment basin, implement drainage and erosion control measures prior to rainfall (including contingency measures) which prevent or minimise erosion, including rain drop erosion, chemical erosion, rill erosion and gully erosion
Prior to the sealing of the plan of survey for the development, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
Manage concentrated stormwater flows
Prior to each rainfall event ensure concentrated stormwater flow paths are provided with capacity in accordance with IECA (2008) Table 4.3.1 and are structurally stable in all rainfall events for the following sources:
(a)		From stormwater catchments upslope of the area of disturbance which are either stable or external to the site, ensure stormwater is diverted or managed either:
around the site or through the site without causing erosion and without contaminating the flow; or
if it is impractical to convey the flows around or through the site, convey the flows into appropriately sized sediment basins without causing erosion
(b)	From all disturbed areas of the site to sediment basin(s) without causing erosion
Minimise sediment released from the site
Install and maintain sediment basins for each disturbed catchment area of the site  and including undisturbed catchments which cannot be diverted, such that:
(a)	Each basin is sized and operated in accordance with either a Type-A or Type-B sediment basin as documented in IECA (2008) Appendix B (June 2018).
(b)	Each basin is to be provided with an automated system of flocculent dosing and a suitable supply of flocculent/coagulant, with the type of flocculent/coagulant determined based on Chemical Coagulants and Flocculants Fact Sheet (IECA, 2018).
(c)	Markers are provided within each basin indicating the maximum sediment storage level and any additional water storage capacity for water reuse.
(d)	During discharge from the primary outlet system, the concentration of total suspended solids (“TSS”) discharged does not exceed 50mg/L and that pH is within the range of 6.5-8.5 unless entering a naturally acidic environment.
Install and maintain additional sediment control measures within the site, as necessary to maximise sediment capture.
Minimise the tracking of dirt from the site onto roadways. Ensure that all dirt on roadways caused by vehicles leaving the site is removed without causing water contamination, prior to rainfall and at least at the end of each work day.
Sediment and erosion control measures must be in place prior to works commencing. If such measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such fines can be issued if sediments from the site are found to enter or have the potential to enter Council’s stormwater system, natural waterways, any downstream stormwater filtration system or adversely impacting on other properties.  The sediment and erosion control design and measures have NOT been approved, it is the site's Supervising Engineer who is responsible for ensuring that the sediment and erosion control measures have:
Been duly designed by an RPEQ or CPESC and constructed in accordance with "best practise" methods,
Been revised by an RPEQ or CPESC to address the issues raised by changes in the projected construction schedule and/or methods,
Been revised to address predicted rainfall events, and
Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be found inefficient.
Earthworks and the implementation of erosion and sediment controls are undertaken in ways which ensure flooding characteristics (including stormwater quantity characteristics) external to the development site are not worsened during construction for all events up to and including the 1% AEP (1 in 100 year ARI) event.
Drainage paths must be regularly inspected to ensure the sediment fences/measures are not being bypassed as a result of sediment build up. Sediment laden runoff must be prevented from leaving the subject site and entering neighbouring properties and/or stormwater systems.
Soil exposure must be limited 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.
A log book for the Erosion and Sediment Control measures and inspections must be maintained by the site manager and made readily available to Council when requested. The supervising engineer must verify and endorsed the E&SC measures upon their installation, and periodically check these measures and the log book during construction and the stabilisation stages. Any defects in erosion and sediment control devices, such as sediment fences, are to be inspected and documented. Upon Inspection, the contractor is to determine whether the device should be replaced or repaired. Documentation is to include how the damage was caused and what measures can be implemented to reduce the possibility of repeat occurrences. Any damage to either permanent or temporary water quality control structures or devices is to be immediately rectified at the contractor’s expense.
The effectiveness of the erosion and sediment control devices must be monitored. All ESC measures are to be inspected:
at least daily (when work is occurring on site) or weekly (when work is not occurring on site); or
within 24 hours of expected rain; or
within 18 hours of a rainfall event (i.e. an event of sufficient intensity and duration to mobilise sediment on site).
The developer and the principal contractor must make the site available for inspection by Council Officers or their representatives at the following times:
Any construction hold points described in this permit
Any regular inspection period agreed at the pre-start meeting
At any time where Council is responding to a complaint from the public
The developer and the principal contractor must make the site available for inspection by Council Officers or their representatives upon giving of reasonable notice.
Vegetation Protection
A qualified person * must be engaged for the duration of the works to:
Ensure works are carried out in accordance with the recommendations of the approved Arborist Report
Oversee installation of all tree protection fencing prior to commencement of any works onsite (including any clearing).
Supervise tree protection within the development site and frontages, prior to, during and following construction in accordance with AS 4970, Protection of trees on development sites.
Oversee approved tree removal in proximity to retained trees.
Undertake a risk assessment of all trees within striking distance of the development works and site and carry out hazard removal and amenity pruning in accordance with AS 4373, Pruning of amenity trees, prior to a request for on-maintenance.
*(Refer to Advisory Note)
Vegetation areas for protection must:
Be protected with a 1.8m high temporary safety fence or temporary barrier mesh / three-strand wire with pickets at 3m centres.
Have the fence installed prior to the prestart meeting and maintained for the entire period of construction.
Have ‘Exclusion Zone’ (‘No Go’) signage fixed to the fence at 10m centres.
Have no construction material, equipment or personnel entering the vegetation areas for protection except to undertake approved rehabilitation activities.
Be protected from any damage except approved controlled burns and/or Council approved vegetation removal for the protection of persons or property.
Include assessment and works by a qualified (person) Arborist* prior to On and Off Maintenance, to identify and mitigate tree hazards to persons or property.
*(Refer to Advisory Note)
Fauna Management
A qualified person* must be engaged to manage fauna prior and during clearing to:
Ensure works are carried out in accordance with Section 4 of the approved Fauna Management Plan and the Nature Conservation Act 1992.
Undertake pre-clearing inspections including fauna relocation and removal or blocking of all vacant hollows.
Provide a written report to Council with the request for the prestart meeting of all pre-clearing activities and initiatives.
Co-ordinate staging and sequence of clearing with fauna protection.
Protect and recover fauna during clearing operations (fauna not previously removed).
Manage the translocation of animals and recovery procedures in accordance with relevant legislation.
Undertake protection works for mulching of any stockpiled vegetation.
Conduct a pre-clearing trapping program targeting native ground-dwelling and arboreal mammals.  The trapping program will be designed to move through the site, in accordance with the tree clearing program. Each area will be trapped for a minimum of four (4) nights, and any animals captured will be relocated to suitable habitat area/s outside of the construction and clearing works area.
The program will utilise the following trapping methodologies:
Pitfall traps/funnel traps
Small (Type A) Elliott traps;
Medium (Type B) Elliott traps;
Cage traps
All traps will be baited with the universal mixture of peanut butter, honey and rolled oats.
Once each area has been trapped, and the extent of the trapped area clearly identified the groundcover and midstorey will be cleared utilising a slasher with a mulching head attachment or similar.  Any hollow-bearing trees and/or other significant habitat features identified during the initial site inspection will be retained.  All under scrubbing works will be completed with a suitably qualified fauna spotter/catcher in attendance.
*(Refer to Advisory Note)
Clearing trees
Clearing non-habitat trees must be conducted in the following manner:
After under scrubbing of each area is complete, non-habitat trees (i.e. trees other than those identified as habitat trees) will be cleared and stockpiled for mulching.  Clearing of non-habitat trees will only occur where their removal will not impact on identified habitat trees (e.g. canopies do not interconnect with habitat trees).
Clearing habitat trees must be conducted in the following manner:
Hollow inspection and removal
After under scrubbing and clearing on non-habitat trees, an elevated work platform or cherry-picker will be used in conjunction with a chainsaw operator and suitably qualified fauna spotter/catcher to inspect and remove hollows a necessary prior to habitat tree felling.  This method involves the fauna spotter/catcher inspecting each of the potential habitat features (usually hollows, dreys and arboreal termite nests) to determine the presence of arboreal fauna.  This process is detailed following the step by step basis below:
The fauna spotter/catcher (with arborist unless the fauna spotter/catcher is a qualified chainsaw operator) will inspect each visible hollow or potential habitat resource (i.e. ringtail possum drey) identified in each tree using the cherry-picker.  This is usually carried out by simply looking into hollows with the assistance of a small torch, however, burrow and bore-scopes can also be useful for deep hollows.
If fauna is located within a hollow, a piece of towel or rag will be firmly laced in the entrance to prevent the wildlife form escaping as in most cases arboreal fauna become aware of the presence of the fauna spotter/catcher and may attempt to flee the nesting/denning hollow due to a perceived threat.  If an occupied ringtail possum drey is encountered, the fauna spotter/catcher should quietly approach (i.e. avoid contacting other branches) the drey in the cherry-picker bucket and physically capture the possum by placing the entire drey in a catch bag or only the possum if it emerges from the drey.
Once the hollow entrance has been secured the arborist or fauna spotter/catcher will cut the entire hollow limb off below the cavity where the branch remains solid.  In circumstances where a hollow continues into the main stem of the tree, a small window will be carefully cut into the hollow, allowing the fauna spotter/catcher to plug the hollow above and below the window, then the hollow limb removed and lowered to the ground in sections.
When the fauna has been safely secured within its hollow, the entire limb can then be placed in the cherry-picker bucket or lowered to the ground using ropes depending on the size of the limb.
This limb will then be placed in a cool, quiet location until translocation to the recipient habitat site, when at dusk the follow entrance is re-opened to allow the fauna to emerge of its own accord.
Vegetation clearing must:
Be conducted in accordance with the approved Fauna Management Plan and conditions of this approval.
Be in accordance with the Court approved clearing plan 10651BHP Issue C dated 17/08/2020, excluding for lots 17, 18 and 19.
Ensure clearing of the koala habitat trees is carried out in a way that ensures koalas on the area being cleared (the clearing site) have enough time to move out of the clearing site without human intervention, including, in particular, for clearing sites with an area of more than 3ha, by—
carrying out the clearing in stages; and
ensuring not more than the following is cleared in any 1 stage—for a clearing site with an area of more than 6ha—3ha or 3% of the site’s area, whichever is the greater; and
ensuring that between each stage and the next there is at least 1 period of 12 hours starting at 6p.m. on a day and ending at 6a.m. on the following day during which no trees are cleared on the site;
clearing of the koala habitat trees is carried out in a way that ensures, while the clearing is carried out, appropriate habitat links are maintained within the clearing site and between the site and its adjacent area, to allow koalas living on the site to move out of the site;
no koala habitat tree in which a koala is present, and no koala habitat tree with a crown overlapping a tree in which a koala is present, is cleared.
Retain old growth tree hollows and suitably relocate and distribute for nesting fauna.
Mulch all other wood and leaf material (without root balls, soil or debris and minimising weed seeds) for re-usable mulch.
Have mulch for re-use in landscape or rehabilitation stockpiled and aged for a minimum of three months.
Have mulch stockpiles no larger than 1000m3, 2.5m in height and with 10m separation between piles.*
Allow for existing endemic ground flora to be translocated to suitable landscaping and rehabilitation areas.
Conclude with the area being stabilised against erosion, landscaped, rehabilitated and revegetated.
*(Refer to Advisory Note)
Bushfire Management
The development must be carried out and certified by a qualified person* in accordance with the approved Bushfire Management Plan.
*(Refer to Advisory Note)
Landscaping
Landscape works must:
Delineate all planting to grassed area interfaces with a spade cut edge.
Ensure amenity or sales signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled.
Ensure the 10m wide vegetation retained along Walter Hay Drive is densely landscaped to ensure a visual buffer is retained and enhanced.
Street trees must:
be certified to meet Australian Standard AS2303 – Tree Stock for Landscape Use
a minimum pot size of 100L
be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines.
be certified to be planted into a minimum of volume of 200L of structured soils.
Turfed areas must be must be free of pest, diseases and weeds and level with adjoining surfaces.
Soil for landscaping must:
provide for healthy and sustained site specific vegetation performance. (for larger sites)
comply with AS 4419, Soils for landscaping and garden use.
No planting of Hibbertia scandens, Myoporum sp. or other vines in areas which will be dedicated to Council.
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.
FOLLOWING CONSTRUCTION / PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY
Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
As Constructed Plans and ADAC XML Files (Council)
Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory “As-Constructed” records must be submitted to Council. The bundle of “As Constructed” information shall include:
As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed) prepared in accordance with industry standards and recorded in “MGA - UTM56 / GDA94” projection.
Please Note: Further information and advice relating to the as-constructed drawing presentation, as-constructed survey capture and associated guidelines for preparation of a compliant ADAC XML digital file are available on the webpage titled “As-Constructed Guidelines” and accessible at the Noosa Council Website: Planning & Development / Development Tools & Guidelines / As-Constructed Guidelines.
The “As-Constructed” drawings will require certification by a:
Qualified experienced Civil Engineer (RPEQ) confirming design intent and conformance with applicable standards and specifications, along with the relevant descriptions of assets, services and structures and;
Licensed Surveyor in regard to the cadastral and locational information, levels and applicable survey datum.
The data must be in accordance with Council’s “Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks”, and fully detail the levels for all engineering works including but not limited to the drainage network and structures, finished ground and pavement surface levels.
Landscaping, including all assets and improvements within parks, open space and road reserves areas are to be shown on an accompanying separate landscape plan (prepared in .dwg file format with accompanying hardcopy PDFs) and include a complaint ADAC XML file.  Details of the landscaping and all associated assets and improvements may be included in the ADAC XML digital file prepared for associated civil infrastructure, or alternatively, be provided as a separate ADAC XML digital file containing landscape and asset information only.
On Maintenance
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to survey plan sealing. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
certification that all works have been undertaken and completed in accordance with the requirements of this Permit
as Constructed details in accordance with Council’s Planning Scheme Policy
maintenance and operational manuals for all proprietary or site specific devices
The developer is responsible for the maintenance of all development works which are to become Council assets (includes civil infrastructure, landscaping, open space areas, park improvements) for a minimum period of 12 months or as otherwise advised by Council. This period will commence from Council’s formal acceptance of the development “on maintenance”.
The developer must submit a Maintenance Bond to Council to ensure the above works are maintained during this period. The maintenance bond must be:
5% of the agreed value of the development obligations; or
$1500, whichever is the greater amount.
Prior to requesting an On Maintenance inspection, the following information package (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
All required bonds.
Landscaping certification including certification of street trees to meet Australian Standard AS2303 – Tree Stock for Landscape Use
Safety Risk Assessment of all the publicly accessible areas dedicated to Council. Certification that all recommendations for appropriate control measures have been undertaken.
Arborist Report documenting and certifying the findings and outcome of the arboreal risk assessment.
Fauna Report documenting the findings and outcome of the fauna protection works undertaken.
Bushfire certification
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection.
Final Arborist Report documenting and certifying the findings and outcome of the arboreal risk assessment.
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
a Council inspection reveals works do not comply with approval requirements
submitted certification falsely states works comply with approval requirements.
85.	All cleared areas as a result of these works must be effectively stabilised, and densely revegetated with local native species suitable for the location where located within an open space area or covenant area.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Advice	Energex Limited Town Planning GPO Box 1461 BRISBANE  QLD  4001	Planning Regulation 2017 Schedule 10, Part 9 – Infrastructure Related Referrals	The agency provided its response on 7 October 2020 (Reference No. HBD 7056534. 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:
General Advisory Notes
The submitted Acoustic Report has not been approved as part of this permit. The submitted report does not fully address condition 5 of the associated higher order approval – Judgement No. 765 of 2020. The report does not fully address the noise generated from the shopping centre operations and equipment, deliveries, truck movements and rubbish collection.
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Planning Act 2016 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Prestart, On and Off Maintenance Inspections and Bonds
Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
Removal of Existing Trees and Vegetation
Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as well as optimum weed seed sterilisation.
If Council officers are required to undertake additional inspections of the same works, a reinspection fee will be applicable in accordance with Council’s Fees and Charges register applicable at the time.
A minimum maintenance period of 12 months will apply to all municipal works and thereafter until such time as the works are performing in accordance with the approved design unless noted otherwise
Development obligations refers to all conditions of approval relative to the development permit. This includes, but is not limited to, Civil Works, Park improvements, landscaping, provision of “As Constructed” information, test certificates, revegetation, sediment and erosion control.
Environmental Advisory Notes
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
Accepted best practice standards include:
International Erosion Control Association Australasia Best Practice Erosion and Sediment Control document
Qualified Person, for the purpose of erosion and sediment control is a Certified Professional in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional Engineer of Queensland (RPEQ)
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the plan sealing inspection:
Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual; and
Stormwater runoff from the site is not currently, and is not likely to result in visible evidence of sedimentation or erosion, or lead to water contamination.
If at the time of request for plan sealing, the method of short-term stabilisation has not achieved a level of stability that Council's Officers believe will have a high probability of achieving long term stability (i.e. until house construction has occurred on all lots), Council Officers may take the following matters into consideration in determining whether the site is capable of achieving medium to long-term stability:
evidence that the site has been effectively stabilised in the short term;
evidence that soil has been adequately ameliorated;
evidence that seed of annual and perennial grass species has been applied at an adequate rate; and
that grass seed has germinated at a density that is likely to achieve an effective grass cover.
For example, while hydromulch can provide an immediate and effective stabilising cover to soils, the protective cover can be relatively short-lived if vegetation fails to establish before the thin layer of mulch decomposes. So if hydromulch is selected as the method of temporary short term stabilisation, Council Officers will seek to confirm that perennial as well as annual grasses are well established at the time of plan sealing to reduce the risk of instability of the site in the medium to long term. As a general rule, hydromulch will only be accepted as a “patch” fix and should comprise no more than 20% of the exposed site area due to the high risk of failure. Due to the requirement to progressively stabilise exposed areas, it is not envisioned that this will present any difficulties for an appropriately managed and compliant site
Landscaping
Qualified Person, for the purpose of:
Supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three years current experience in the field of landscape design.
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 either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture
Undertaking Fauna site works and calculating compensatory habitat is considered to be a Fauna Spotter Catcher with current certification under the Queensland Parks and Wildlife Service.
Supervising and certifying Bushfire Management is considered to be an Ecologist with suitable experience or a person with Fire Protection Association Australia – Bushfire Planning and Design certification.
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.
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.
property notes
Not applicable.

further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Lots 17-19 and 21 Acoustic Fencing/Barriers
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,

Conor Neville
Environment Officer

Enc:	Appeal Rights
Approved Plans/Documents

cc.	Energex
Unitywater

DECISION NOTICE HISTORY
Original Decision Notice – 17 December 2020.
Decision Notice - Minor OPW20/0145.01 – 25 February 2021, with an amendment to 1(include Electrical Plans and Stage 4 clearing Plans) and additional 85.
Decision Notice - Minor OPW20/0145.02 – 18 March 2021, with an amendment to condition 1

	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

[word/footer2.xml]
Page 28 of 30

[word/footer3.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 30

[word/footer4.xml]
Page 29 of 29

[word/header4.xml]
3

[Attachment: image3.png (image text)]
5 March 2021

Noosa Council

Pwo ist
“evant GLO 4505 energex

se tou positive eneray

Via email: [email protected]

Ce Stockwell Development Group Pty Ltd
PO Box 3144
‘South Brisbane QLD 4101

Attention: Harrison Hurst.
Via email: harry [email protected]

Dear Mark,

Affected Entity Response Notice - Change Application for a Minor
Change to Development Approval OPW20/0145 — Development Permit
for Carrying Out operational Work (Drainage Works, Earthworks,
Electrical, Telecommunications, Street Lighting, "Landscaping,
Roadworks, Traffic Signage, Stormwater and Clearing) at Noosa Civic
28 Eenie Creek Road, Noosaville (Lot 3 on SP246584)

Council Ref: OPW20/0145.02
Applicant Ref: NIA
Our Ref: HBD 7197710

We refer to the abovementioned Change Application, notice of which has
been given to Energex Limited pursuant to section 80 of the Planning Act
2016. As an affected entity for the Change Application, Energex advises that
it has no objection to the changes proposed.

‘The following application material has been assessed by Energex and forms
the basis of our advice. Any changes to these plans and reports may require
‘an amended response notice.

eer ee

  

 

 

 

 

 

 

 

 

oe
Minor Change to Operational | - = | 12February 2021
Works Approval efter,
prepared by Stockwell
Development Group Corporate OFfce
2a Redcoit Sect
‘Siomwater Design Drawings | 1856-Swor- [EF | November cm Stet,
4886-5020 December 2020 | Newstead Lo
‘Landscape Documentation | ED20265 0PwOI—]H | @February2021 | spare soot
Drawings 020268 OPW23 “Teepe (07 308 4000,
Fase (7) 305 201
‘The requirements of Energex’s referral agency response (HBD 7056534, “™“T=w=conau
dated 7 October 2020) remain applicable Energex Limited
‘RON To a7e 8 055

Reference: HED 7167710


[Attachment: image4.png (image text)]
‘Should you require further information regarding this matter, please contact the
lndersigned on 0455 403 399 or [email protected]

Yours faithfully,

Bea

Benjamin Freese
Town Planner

Reference: HED 7167710

Have you seen our fact sheets?
‘See the ‘considerations when developing around electricity infrastructure’ section of our website
‘won snergex com aulrferaiageney


[Attachment: image5.png (image text)]
ee) NOOSA COUNCIL