2010 SCC Decision Notice · REC14/0015

Page 2

 

2009/843

 

 

 

 

 

Approved Plan

1. 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 and may
be amended by these conditions.

 

ae Plan/ Document Name, cee

    

 

 

070213T/PSI A Plan of F Prapanad Subdivision of Lot 74 on RP} 30/11/09
71151 & Part of Lots 73 & 83 on RP 71151

 

 

 

 

 

 

Relevant Period

2. Pursuant to Section 3.5.21(2)(a) of the Integrated Planning Act 1997, the relevant period is four
(4) years from the day this permit takes effect and ending on 18 May 2014 during which time all
conditions must have been complied with, and the Plan of Survey lodged with Sunshine Coast
Regional Council (Council) for endorsement.

Plan of Survey

3. Prior to the endorsement of the Plan of ‘Survey by Council for this permit, All separate existing
and proposed lots that form part of the development site for this permit shall be registered lots
with The Department of Environment and Resource Management.

 

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4, Pursuant to Section 3.7.3(3)(b) of the Integrated Planning Act, all outstanding rates and charges - ~

due and payable to Council in respect of the lots being reconfigured shall.be paid prior to
endorsement of the Plan of Survey.

5. The Plan of Survey for Council endorsement shall be submitted to Council in the correct form
with the fees prescribed in Council's adopted fee schedule.

6. Prior to Council endorsing the Plan of Survey, a certificate from a registered Professional Civil
Engineer shall be submitted to Council for each Development Permit for Operational Works
issued pursuant to this permit. The engineer shall certify those works and that they have been
completed in a workman like manner in accordance, with good engineering practice and in
accordance with that permit. :

7. In conjunction with the lodgement of the Plan of Survey for Council endorsement, all legal
- documentation shall be presented to Council and shall:-be submitted in the correct form with the
fees prescribed in Council's adopted fee schedule.

8. Prior to Council endorsing the Plan of Survey, a duly executed copy of any required Grant of
Easement shall be submitted to Council for perusal. Any changes required by Council's Solicitor
shall be attended to prior to endorsing the Plan of Survey. Any necessary Titles Office forms
requiring the consent of Council are to be submitted prior to the endorsing of the Plan of Survey.

9. Prior to the endorsement of the Plan of Survey, the Applicant's Solicitor shall give Council's
Solicitor an appropriate undertaking in writing that in conjunction with lodgement of the Plan of
Survey at the Land Titles Office, the Title Deed and the easement documents will also be
lodged and any additional Titles Office forms or requisitions requiring the consent of Council
being attended to forthwith ‘

Associated Approvals

10. All conditions of the associated Council Development approval 23686DA must bé complied with
and all associated operational works completed prior to Council's endorsement of the Plan of
Survey for this permit.

Compliance Bond

11. | Security in the form of a cash bond or trading bank guarantee for the sum of $20,000 must be
submitted to secure performance of all conditions of this approval prior to Council giving

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development approval for any associated 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.

Vehicle Access

12.

13.
14.

15.

16.

The common access driveway to proposed Lots 49, 50 and 51 from Starboard Avenue shall be
generally in accordance with Job 09595 Drawings P2 and P3 issue T1 dated September 2008
by TOD Consulting and subject to the following additional requirements:

12.1. Designed and constructed in accordance with Noosa Planning Scheme Policy 5 —
Engineering Design Standards — Roads, Drainage and Earthworks and Council
standards, :

12.2. The first 6m of the driveway measured from the kerb line in Starboard Avenue shall be
* 5m wide,

12.3. The driveway at the T-intersection of the access handle shall be of sufficient width to
allow for two vehicles (B99 vehicles as described in AS/NZS 2890.1:2004) to pass each
other at the intersection,

“42.4. The: driveway near Lots 50 and 51 shall be of sufficient width to allow a vehicle (B99

vehicle as described in AS/NZS 2890.1:2004) to reverse out from the lot and proceed in
forward gear in a total of two movements.

A Development Permit for Operational Works shall be required.
Allvehicles shall enter and leave Lot 49 in a forward direction.

A vehicular access driveway to serve Lot 48 shall be provided from the Eumundi Noosa Road
frontage of the site generally.in accordance with IPWEAQ Drawing No: SEQ R-050.

y

All driveways shall be designed and constructed to Council's design standards and to grades
that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians
movements along the footpath without any step or level difference. Should any driveways be
constructed to grades that do not comply with AS/NZS 2890.1-2004 and AS 2890.2-1989,
Council will require that the driveway be removed and reconstructed to levels that do comply.

Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to
have the footpath continue at a constant grade to minimise the potential for pedestrians to trip
or fall. ,

To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath,
the driveway and any associated fencing or vegetation near the driveway shall comply with the
minimum. sight line requirements as defined in AS 2890.1, section 3.2.4. The applicant shall
demonstrate compliance by illustrating these sight lines on the plans submitted for both
Operational Works approval and Building Works approval.

Vehicle Access Easement

17.

An easement for vehicular. access and services shall be created over the proposed T-Shaped
access handle on Lot 49 and to the benefit of Lots 50 and 51. The easement-shall be 8m wide

. for the leg section and 10m wide for T head (with the width being increased to accommodate

passing lanes and vehicles turning areas if necessary).

In this regard, plans submitted for Operational Works approval shall accurately show the
location ‘and dimensions of the easement. In addition to this the Applicant’s Solicitor shall give
Council's Solicitor an appropriate undertaking in writing that the Title Deed and the easement
documents will be lodged at the Land Titles Office and any additional Titles Office forms or
requisitions requiring the consent of Council will be attended to promptly.

A duly executed copy of the easement shall be submitted to Council for perusal prior to the use
commencing.

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Any changes required by Council's Solicitor must be corrected immediately.

‘Frontage Works

18.

19.

20.

Footpath improvements suchas topsoiling, grassing, and tree planting are required to the
Starboard Avenue and Eumundi Noosa Road frontages of the site and to the access T-Shaped
handle in accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines.
Grass shall be couch, free of weeds. A Development Permit for Operational Works shall be
required.

All paths and driveways shall be designed and. constructed to ensure pedestrian safety using .
non-slip materials, to produce an evenly graded surface finish, and to be in accordance with the
Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access & Mobility.

All redundant vehicular crossings to the site shall be removed and replaced by footpath paving
and landscaping such as trees and grasses in accordance with Council's Standard
specifications prior to commencement of the use permitted by this permit.

Vegetation 2

ate

22.

23.

24,

Existing trees on site and within the road reserve are to be retained, except where required to
be removed due to a building approval or the conduct of an approved use. Driveways and
buildings sites should be designed to avoid the removal of native vegetation. In this regard,
trees located within the access easement shall be retained where practicable.

Any vegetation to be retained within the site and within the road reserve shall be protected from
interference resulting from clearing or construction activities by:

22.4. Clearly marking vegetation to be retained with flagging tape;
22.2. Installing protective fencing around the dip line ‘of the vegetation;

22.3. Stockpiling, storage and vehicle parking occurs in already cléared areas and does not
cause interference with vegetation; and

-22.4. Low impact construction techniques are used around vegetation to minimise interference

with the vegetation.

Trees to be retained shall be clearly identified prior to any pre-start meetings and the
commencement of any clearing. All protection measures must be in place prior to the
commencement of any construction works. :

Vegetation removal, tree felling and lopping shall be undertaken in an environmentally sensitive
manner to avoid damaging surrounding vegetation, trees and habitat. Cleared vegetation is to
be suitably processed by one of the following methods and removed from the site:-

24.1, Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled
loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a minimum
of 10 metres between edges of heaps.

24.2. Disposal for firewood.
24.3. Disposal for landscaping purposes.

24.4. Transport to alternative site for breaking down materials provided that all necessary
permits have been obtained to allow the alternate site to be used for this purpose.

24.5. Re-use for construction materials.

Reproductive components of any environmental weed species cleared from the site shall not
be mulched, with the material to be removed from the site and disposed of in a Council
approved refuse tip.

The disposal method for clearing works is to be submitted in conjunction with an application for
a Development Permit for Operational Work. The Applicant is advised that other methods may
be considered provided full details of the method are submitted.
The Applicant is advised that burning off is an unacceptable method of disposal.

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Landscaping

25.

The access easement area shall be landscaped in accordance with Council’s Policy on
Landscaping Guidelines, and a properly prepared landscape plan prepared by a. suitably
qualified Landscape Architect or Horticulturalist.. The landscaping plans shall identify the
existing trees to be retained.

The landscaping is to be completed prior io the return of the performance bond.

Roof Water & Stormwater Drainage

26.

27.

28.

29.
30.

31.

The stormwater discharge from the site shall be designed such that there is no net increase in
the rate of discharge as a result of the development for storm events up to 100 year ARI. Plans,
details and calculations of the stormwater drainage system shall be submitted in conjunction
with a Development Permit for Operational Works.

_ Stormwater drainage for. the site. shall be designed and constructed in accordance with

Council’s Planning Scheme Policy 5 — Engineering Design Standards — Roads, Drainage and
Earthworks and shall be generally in accordance with Job 09595 Drawings P2 issue T1 dated
September 2008 by TOD Consulting Engineers and be subject to the following requirements:

27.1. The proposed. underground stormwater drainage system on the site shall cater for the
flows from the site and the upstream properties (including but not limited to Lots 1, 2 and
4 (as per approved:Development Permit 23686 DA and drawing No 02170-L dated 4
April 2007 by Kimmorley Surveying P/L);

27.2. Pipe and channel drainage systems shall be designed to cater for five (5) year Average
Recurrence Interval design storm (ARI.).

27.3. Stormwater discharged from Lot 2 (as per Development Permit 23686 DA and drawing
No 021 70-L_ dated 4 April 2007 by Kimmorley Surveying P/L) shall be directed along the
south boundary line of’proposed Lot 51 and join to the proposed drainage system for the

access driveway.

A Development Permit for Operational Works shall be required.

Any works associated with this development shall not adversely affect the existing drainage
conditions on adjoining properties by diverting and/or discharging additional stormwater runoff
or blocking the natural overland runoff from these properties.

Designs that concentrate stormwater onto adjoining land shall require separate formal approval
from the owner of the land or relevant Government Authority. Such approval shall be submitted
with the design in conjunction with an application for a Development Permit for Operational °
Works. ,

All site stormwater drainage shall be by means of a gravity system.

An easement shall be created over any stormwater drainage within the site that traverses
private property. The easements shail be created at no cost to Council. The easement shall be:

30.1. A minimum width of 4.0 metres and in favour of Council where the drainage system
conveys runoff from Council property, a road or other public asset, or

30.2. A minimum width of 1.5 metres over all private drainage lines and in favour of the
upstream properties. The terms-of the private drainage easement shall include the
responsibility on the grantors of the easement to maintain the drain so as to be
operational at all times. Where private drainagé lines are provided to benefit upstream
private properties only no part of the easement shall be created in favour of Council.

All stormwater drainage lines including inter-allotment drainage shall be inspected by closed
circuit television (CCTV) prior to commencement of the approved Use.

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’

CCTV inspection will be carried out by Council's CCTV contractor and arranged by Council
following satisfactory completion of construction:works. The developer will be responsible for
the full cost of CCTV inspection, including any additional inspection necessary following defect
identification and rectification. This charge is payable prior to the issue of Operational Works
approval and will be determined on the unit rate basis current at the time of approval.

Town Water Supply and Sewer Mains

32.

33. -

34,
35.
36.
37.
38.
39.

40.

41.
42.

All proposed lots.shall be connected to Council’s water and sewerage reticulation systems and
be constructed in accordance with Council’s standards and requirements.at no cost to Council

Reticulated water must be provided to each lot in the development. This must include:

33.1. Ensuring that existing internal water pipes are wholly contained within the lot they will
serve.

33.2. An approved water meter for each lot in accordance with Sunshine Coast Water Standard
Drawing SCW 350.

33.3. Upgrading the existing water meter serving Lot 48 to Council standards. in accordance
with Council Standard Drawing SCW 350.

33.4. Provision of 25mmNB water services from the 150mm diameter main in Starboard
Avenue to service proposed Lots 49,50,51 in accordance with Sunshine Coast Water
Standard Drawings SCW 350, 355 and 360.

33.5. Provision of pipeline conduits under Starboard Avenue in accordance with Sunshine
Coast Water Standard Drawing SCW 355.

The existing 150mm diameter water main must be extended gars the existing 150mm diameter
water main in Starboard Avenue to a location adjacent to the northern boundary of the access
way.

Reticulated sewerage must be provided to each lot in the development in accordance with The
Noosa Plan. This includes ensuring existing sewer house drains are wholly contained within the
Lot they will serve.

Written approval to enter and construct must be obtained from property owners where external
sewerage works are required to be undertaken within private property. This must be submitted
with lodgement of the associated development application for Operational Works.

A minimum 3.0 metre wide easement must be provided over all Council sewers located in
private property. A 4.0 metre wide easement must be provided over Council sewers greater
than 3.0 metres aeep (where approved by Council): Easements must be located centrally over
the main.

Stormwater retention systems and gross pollutant traps must maintain a minimum clearance of
1.5 metres from Council water supply and sewerage infrastructure.

Construction works undertaken in the vicinity of Council 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.

Connection to Council live water mains and the Council live sewer system must be undertaken
by Council at the applicants cost.

Water meters must be located on alternative boundaries to power boxes.

Individual 25mmNB water service pipes are required up the accessway to Lots 49, 50 and 51
with water meters located at the road boundary (100mm diameter main within the accessway is
not required).

Earthworks

43.

All earthworks required on site shall be carried out in accordance with Council's Planning

Scheme Policy PSP5 — Engineering Design Standards, so as not to cause the additional

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44.

ponding of water on any adjoining lands or the blockage of, or interference with, any natural
watercourses.

Earthworks and civil works carried out on site shall not affect the structural integrity of any of the
existing fences or structures that border the development site. Fences that are affected shall be _
replaced prior to the Building Certifier issuing the Certificate of Classification. In this regard any”
fences to be replaced shall be clearly shown on the plans submitted for Operational Works
approval.

Power Supply and Telecommunication

45.

46.

An underground electricity service shall be provided to each allotment if not already provided.

In this regard, an approved Electrical Design Consultant shall work in conjunction with Council
to prepare detailed designs of the electrical proposal.

The detailed deigns shall then be submitted to ENERGEX for approval and a copy of their
approval submitted to Council in conjunction with a “Certificate of Electricity Supply for
Proposed Subdivisions” (prepared by an approved ENERGEX Electrical Design Consultant)
prior to Council endorsing the Plan of Survey. .

Any agreement with ENERGEX or an approved ENERGEX Electrical Design Consultant shall
be wholly at the applicant's expense and shall not entail a financial encumbrance on. future
purchasers of the prapoasd lots. A Development Permit for Operational Works shall be
required.

The requirements for TELECOMMUNICATION services shall be satisfied in relation to the
provision of new telephone services to the proposed lots. In: this regard written confirmation
from an approved telecommunication agency shall be submitted to the Council prior to Council

endorsing the Plan of Survey.
‘

Erosion and Sediment Control

47.

Any person acting on this permit shall prevent erosion and sediment export from leaving the

site. Site control measures such as silt fencing, controlled gravel access to the site and

controlled disposal of waste, will be necessary. In this regard, plans detailing the methods of
controlling erosion and sediment shall be submitted to the Council for approval. A Development
Permit for Operational Works shall be required. :

Contributions Toward Council Infrastructure

48.

Monetary contributions shall be paid to Counell towards the cost of providing and/or upgrading
various infrastructure at the rates applicable at the time of payment. An estimate only of the
contribution amounts under the current Council policies and requirements is outlined in the table
below:

 

 

 

 

 

 

 

 

 

 

 

PSP12 — Public Open Space Contributions (Park) $6,464

PSP16 — Sewerage Headworks Contributions ‘| $7,579

PSP17 — Water Supply Headworks Contributions $8,043

PSP20 — Pathway Trunk Network Contributions $1,453

TOTAL Contribution Amount = : $23,539

Please note, that these amounts are all subject to variations in the Consumer Price Index,
All Groups Brisbane from September 2009 until the date of payment.

 

All contributions must be paid prior to the endorsement of the plan of survey by Council.

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General

49. A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
specifications. for all engineering works which shall be submitted in conjunction with an
application for a Development Permit for Operational Works. In this regard a DXF/DWG file on
GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with any
application for Operational Works.

50. Digital detailed designs including drawings, calculations, specifications and a schedule of works,
shall be submitted with any application for a Development Permit for Operational Works. The -
design shall be in accordance with Council’s Planning Scheme Policy PSP05 = Engineering
Design Standards — Roads, Drainage and Earthworks. To avoid conflict with underground
pipes or services, alll _ existing and proposed services required by the development shall be
shown on the plans.

51. To facilitate production of As Constructed drawings it is suggested that all design drawings are
submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the
use of ADAC are.available at www.adac.com.au).

52. .Aconstruction management plan/strategy to ensure no damage occurs to Council services shall
be prepared by a suitably qualified Registered Professional Engineer and submitted to Council
in conjunction with any application for Operational Works.

53. Any damage caused to any public utility during the course of construction shall be repaired to
“Council's standards and at no cost to Council.

54. Any alteration of any public utility or other facilities necessitated by the development of the land
or associated construction works external to the site shall be at no cost to Council.

55. The transportation of all materials to and from the site shall be undertaken in a manner such
that no particle matter escapes onto a public road.» All vehicles carrying materials either to or
from the site shall be covered to prevent materials including dust being windblown from the
vehicle.

56. The development must be undertaken and operatéd 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. :

57. As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer
for design intent, and a Licensed Surveyor shall certify the cadastre and the location, level and
type of all services and structures. All of which shall be submitted to Council for checking and
for Council’s records.

The data must fully detail levels for all engineering works including but not limited to drainage
structures, finished ground levels and pavement surface levels. The data shall be submitted in
the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC
are available-at www.adac.com.au). .

Approval of works shall not be granted until all As Coristructed information has been supplied
and accepted by Council.

REFERRAL AGENGY CONDITIONS _

 

 

    

    

Not applicable.

   

ramteemummert gene

ES

 

 

 

: “Plan No. Rev. Plan / Document Name _ | Date =

“07021 3T/PSI. A Plan of Proposed Subdivision of Lot 74 on /RP iz 4 51 & ~ 30/1 1/09
Part of Lots 73 & 83 on RP 71151, i

 

 

 

 

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The following: Advisory Notes are’ for information purposes only and do not form conditions of ,
approval:

1.

For the purpose of these conditions, the following definitions apply: -

A Plan of Survey means the plan for the reconfiguration of a lot required to be endorsed
by Council pursuant to S3.7.1 of the Integrated Planning Act 1997. :

A Registered Professional Civil Engineer means an civil engineer who is registered in
Queensland pursuant to the Professional Engineers Act 1988.

The person acting on this permit means any person or company who undertakes,
development pursuant to this permit.

The applicant is advised that development contributions and infrastructure charges applicable
to this development approval have ‘been based on the following Uses Class/ Uses and
applicable quantities:-

 

 

 

 

2x Lots & houses

Detached House (existing lot 74 RP71151 & Detached House 4x Lots & houses
proposed lot 3 approved per
23686 DA)

 

 

 

 

 

 

The applicant is informed that approval of this development application will trigger an
Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
Charges Plan for the estimated amount of $6,006 and is subject to variations in the Consumer
Price Index, All Groups Brisbane from-September 2009 until the date of payment. An
Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated
Planning Act 1997.

The applicant is informed that payment via credit card transaction will not-be an acceptable
method of payment for development contributions conditioned in this permit or for
infrastructure charge notices issued separately.

The applicant is advised that a Compliance Permit for all plumbing and drainage works within
the boundaries of the development site shall be obtained from Council’s Plumbing Services
Section prior to obtaining a Development Permit for Building Works.

Water meters approved for use in the Sunshine Coast region may be purchased direct from
“Elster” and installed by the developer, or Council can provide the meters and undertake the
works. Meters must be “Elster” PSM 50100/39 (dual check). Council's quotation for the works
will be prepared upon request.

The development should be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by réason of the creation of excessive noise, |
lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any

- other emissions in accordance with the nuisance provisions of the Environmental Protection

Regulation 1998 or Council’s Local Law No. 12 — Control of Nuisances. .

In accordance with the Environmental Protection (Water) Policy 1997; all sand, silt, mud,
paint, cement, concrete, builder's waste or rubbish should not be permitted to enter or be
placed where it could reasonably be expected to move into a.roadside gutter, storm water
drain or a watercourse. On the spot fines apply for such offences.

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Aboriginal Cultural Heritage Act 2003

There may. be a requirement to establish a Cultural Heritage Management Plan andjor 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’. \t 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 Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

 

 

[

The following property notes will be placed against the subject property in Council’s property record
system:

Not applicable.

 

 

Not applicable.

 

 

 

 

 

Type of Development Permit required _ | Subject of the required Development Permit
oF —_— -
_ Development Permit for Operational Works ° Access
| ° Site Civil Works.
e Stormwater Drainage.
° Frontage Works and Landscaping (including

landscaping within the access easement).
. Water and Sewer reticulation.

° Electricity reticulation.

. Erosion & Sediment Control

|
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The develasar must comply with the 2 following codes for self-assessable development related to the
development approved under this Decision Notice:

Not applicable.

 

 

  

14 ~RIGE TS OF ‘APPEAL

You have continuing appeal lala in respect of Council's decision on your application. Refer Section
* 4,1,27. of the Integrated Planning Act 1997.

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Please note that an Infrastructure Charge in accordance with the Coastal Major Road Network
Infrastructure Charges Plan has been triggered by the approval of this development application. An
Infrastructure Charge Notice is attached in compliance with Chapter 5 of the Integrated Planning Act
1997.

Should you wish to obtain more information about Council’s decision, electronic copies of Council’s
decision are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices. .

 

Yours faithfully,

COANE

Denis Wallace
Senior Development Planner

 

Encl: Appeal Rights

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