Delegated Report - Code - Planning MCU20 0143 · MCU20/0143

Author	Maxwell Potter & Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0143 OPW20/0230
Applicant	The Macky Group Pty Ltd
Proposal	Material Change of Use - Dual occupancy
Properly Made Date	1 December 2020
Information Request Date	1 February 2021
Information Response Date	or Not Applicable
Decision Due Date	17 March 2021
Report Completed Date	Max
Report Reviewed By	Kerri Coyle, Manager Development Assessment

PROPERTY DETAILS
Property Address	6 Angler St Noosa Heads Qld 4567
RP Description	Lot 30 RP 92522
Land Area	607.0000 m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not Applicable
Local Plan Area	Noosa Heads Locality
Overlays	Not Applicable
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dual occupancy, comprising a basement and two apartments. The basement floor will include two carparks per apartment and one communal visitor space, storage areas, waste storage, lift and lift lobby. Level 1 consists of Apartment 1, which will include 3 bedrooms, 1 ensuite, 1 bathroom, living, dining, kitchen, study nook, laundry, a balcony, pool and terrace area. Level 2 Apartment 2, includes 3 bedrooms, 1 ensuite, 1 bathroom, living, dining, kitchen, study nook, laundry, and a balcony. Access to the site is available from Angler Street.
The application also seeks approval for the works associated with the duplex dwelling including:
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Floor Plan

Figure 5 – Floor Plan

Figure 6 – North Elevation

Figure 7 – South Elevation

Figure 8 – East Elevation

Figure 9 – West Elevation

Figure 10 – Rendered Street View
site details
Site Description
The subject site is currently vacant and heavily vegetated. The site exhibits a 10% gradient falling from east to west and can be accessed from Angler Street. The site is heavily vegetated by weeds, with the exception of a Bribie Island Pine (Callitris columellaris) located on the south-eastern property boundary. Further, the site is serviced by standard infrastructure including reticulated water supply and sewerage, telecommunications and electricity, bitumen roadways and kerb and channel.
Surrounding Land Uses
The subject site is situated within a medium density housing zone and is surrounded by both duplexes and detached houses due to a low density housing zone within a close proximity. The land immediately adjacent is currently developed for medium density housing to the north, low density housing to the east and south, whilst the western boundary beyond the Angler Street road is low and medium density housing .The site is located approximately 300m north of the Noosa Junction Hospitality Precinct and 700m south of the Hastings Street Mixed Use Precinct.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Medium Density Housing Zone Code;
Noosa Heads Local Plan Code;
Dual Occupancy Use Code;
Driveways and Parking Code
Landscaping Code
Sustainable Building Design Code
The subject site is located in the Noosa Heads Locality and is zoned Medium Density Residential. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Building height storeys metres	2 storeys max 8 metres	3 storeys 8 metres	X
Site cover	40% max	40%	
Gross floor area or Plot ratio	242.8 m² max 0.4:1 max.	242.8 m² 0.4:1	
Boundary setbacks Frontage Side Side Rear	6 metres min 2.5 metres min 2.5 metres min 6 metres min	6 metres 2.5 metres 2.5 metres 6 metres	
Length of wall	15 metres max	12 metres	
Landscaped open space Soft landscaping	269m² min min 60% of total	269m² 186.4m²	
Private Open Space	25m² min 12.5 m² min 12.5 m² min	100m² 85m² 85m²	
Carparking	4 covered min 0.5 visitor min	4 covered 1 visitor	
Building Height
Performance Outcome PO8 of the Medium Density Residential Zone Code states Buildings and structures
are low rise and present a building height consistent with structures on adjoining and surrounding premises;
The proposed development is low rise and presents a building height generally consistent with the structures on adjoining and surrounding premises. To the immediate north of the subject site is 8 Angler Street and as shown in figure 10 can be described as 2 storeys and 8 meters in height, though presents as 3 storeys to the street, whilst to the south 4 Angler is 2 storeys and 8 meters in height.  Twenty meters south of the subject site is 13 Viewland Drive and as shown in figure 11 can be described as a 3 storey multiple dwelling unit.
Figure 11 – 8 Angler Street

Figure 12 –13 Viewland Drive
are designed to provide an interesting streetscape and complement landform changes and landscapes
The proposed development is of a high aesthetic quality and provides an interesting streetscape through the planting of Tristaniopsis Luscious’, Eumundi Quandong’s, Bushy Blue’s and Dianella Breeze’s. In addition the facades of levels 1 and 2 split face of the building fronting Angler Street present interest and variation with the garage level responding to the site’s slope.
Figure 13 – Rendered View from Angler Street

do not visually dominate the street or surrounding area;
The proposed development site falls towards Angler Street (from east to west) at an approximate 10% gradient and therefore the eastern side of Angler Street exhibits a height advantage over the western side. The topography of Angler Street is reflected in the built form and therefore buildings on the eastern side are setback from the road and as depicted in figure 11 and 12 are generally between three (3) storeys in height. Buildings on the western side of Angler Street are setback from the road and step down towards Attunga Heights and as shown in figures 14 and 15 can be considered 3 storeys.
Figure 14 – 3 Angler Street

Figure 15 – 11 Angler Street

maintain a vegetated skyline
The proposed development does not maintain the vegetation currently on the site. The applicant seeks to landscape the boundaries of the property with various plants including but not limited to Tristaniopsis Luscious’s, Native Gardenia’s and Weeping Paperback’s. The proposed landscaped trees will in time match the height of the building.
do not unreasonably obscure views or lead to overshadowing of neighbouring properties;
The proposed development site is located on the eastern side of Angler Street and is therefore on the highest side of the road. The property to the east of the subject site does not exhibit a steep gradient and may be affected by the proposed development. Further, the vegetation presently on the subject site will obscure views from this property.
do not exceed two storeys
The subject site falls towards Angler Street (from east to west) at an approximate 10% gradient. Due to the nature of the proposed development site, the applicant seeks approval for a basement and two levels as opposed to a three storey building. The definition of a basement under the Noosa Plan 2020 is as follows:
Basement
basement means a space –
between a floor level in a building and the floor level that is immediately below it; and
no part of which is more than 1m above ground level.
The definition of a storey under the Noosa Plan 2020 is as follows:
Storey
means a space within a building between 2 floor levels, or a floor level and a ceiling or roof, other than
a space containing only a lit shaft, stairway or meter room; or
a space containing only a bathroom, shower room, laundry, toilet or other sanitary compartment; or
a space containing only a combination of the things stated in subparagraphs (i) or (ii); or
a basement with a ceiling that is not more than 1m above ground level; and
Figure 16 – Basement Level
It is noted that the proposed development does not meet the definition of a basement as the floor level is measured 1.4 meters above the natural ground level. Taking into consideration the topography of the site and the nature of the development a third storey in this context is practicable and reflective of the site’s topography.

Acceptable Outcome AO8.1 of the Medium Density Residential Zone Code states that Buildings and structures are no more than 8 meters in building height. With regards to Acceptable Outcome AO8.1 the proposed development complies with the 8.0 meter height limit.

Figure 17 – Building Height
Setbacks
Impacts on Adjoining Properties
Performance Outcome PO20 of the Medium Density Residential Zone Code states Development does not unreasonably impact on the amenity enjoyed by users of adjoining or nearby premises, including privacy and access to sunlight.
Acceptable Outcome Ao20.1 of the Medium Density Residential Zone Code states Buildings and structures incorporate fencing, landscaping and screening to mitigate impacts on adjoining residential uses.
The balcony on Level 2 of the proposed development will potentially impact the privacy of 8 Angler Street, the property adjacent to the northern boundary of the subject site. It is noted that the private open space for 8 Angler Street is constructed to the minimum setback and exhibits a minimal amount of privacy measures.
Figure 12 highlights the measures put into place to mitigate any the privacy of adjoining residents. These measures include an obscure glass infill of the balustrade on Level 2 to eliminate the line of sight to the private open space of the adjacent property. In addition the planting of two (2) Ealeocarpus Eumundi’s will further restrict views from the level 2 balcony.

Figure 18 – Impact on Adjoining Properties
Building Design
Performance Outcome PO08 of the Sustainable Building Design Code seeks the following:
PO08 Development
orientates buildings and windows to make the most of prevailing winds, natural ventilation and cross breezes;
The proposed development includes 2 balconies and several windows with opportunities for natural ventilation and cross breezes.
Figure 19 – Airflow and Shade Diagram
Table 1 – Airflow and Shade Legend
maximises shade to east and west walls;
The proposal provides fixed horizontal sun shading devices to the east and operable screening to the western façade of the building.
contains an open and permeable built form that connects indoor and outdoor spaces in an integrated design;
The balconies on both levels offer a seamless connection between indoor and outdoor spaces.
retains existing vegetation and natural shading where possible;
The applicant seeks to provide appropriate new planting to complement the proposed development.
incorporates passive building design to reduce the need for auxiliary heating and cooling;
The proposed development provides adequate shading and crossflow ventilation appropriate for a sub-tropical climate and therefore will reduce the need for auxiliary heating and cooling.
uses low toxic internal and external building materials;
The applicant notes the use of low toxic internal and external building materials.
uses natural light rather than artificial light, and may include skylights, atriums and light wells;
The proposed development has sufficient windows and open balcony space to reduce the reliance on artificial light. Further, figure 13 highlights sunlight provisions.
contains a minimum of two openings per habitable room;
The proposed development includes a minimum of two openings per habitable room.
provides a ceiling height of 2.7 meters; and
The proposed development provides a minimum floor to ceiling height of 2.7 meters.
enables efficient operation and use of the building.
The proposed development provides windows and shading devices to enable occupants to control impacts of the weather.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU20/0143 OPW20/0230 for a Development Permit for Material Change of Use - Dual occupancy and a Development Permit for Operational Works – Landscaping, Stormwater, Earthworks & Access situated at 6 Angler St Noosa Heads Qld 4567 and described as Lot 30 RP 92522, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU20/0143
Street address:	6 Angler St Noosa Heads Qld 4567
Real property description:	Lot 30 RP 92522
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dual occupancy
Development Permit for Operational Works – Landscaping, Stormwater, Earthworks & Access
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
MATERIAL CHANGE OF USE
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
7189-DA01	04	Cover Sheet	27.01.2021
7189-DA02	04	Site Plan & Summary	27.01.2021
7189-DA03	07	Basement Floor Plan	27.01.2021
7189-DA04	06	Level 01 Floor Plan	27.01.2021
7189-DA05	07	Level 02 Floor Plan	27.01.2021
7189-DA06	04	Elevations	27.01.2021
7189-DA07	04	Sections	27.01.2021
7189-PD08	04	Area Plans	27.01.2021
7189-DA09	05	Perspectives	27.01.2021
7189-DA10	01	Sustainable Design Plan	27.01.2021
7189-DA11	01	Sections RFI	27.01.2021
Currency Period
This development approval lapses if the use has not happened by 15 February 2027, unless an application to extend the currency period is approved by Council.
Building Form
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level and 2 storeys with exception of the front portion of the basement which may be 3 storeys.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
The external finishes on the existing building must be in accordance with the approved plans.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
not exceed a maximum height of 1.2m, with exception to the pool wall which approximately 2.0 metres in height and will be shielded screened by substantial landscaping;
be open construction.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Protection of Privacy
The upper level balcony located on the second level (northern) building face of Unit 2 must include fixed external screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice
Landscaping Works
The development site must be landscaped in accordance with Landscaping Plants and Guidelines and generally in accordance with the approved plans
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
The proposed landscaping around the pool must be substantial enough to screen walls and fencing.
The cubby house located at the rear of the property must be setback a minimum 1.5 meters from rear boundary to allow for landscaping.
ENVIRONMENTAL HEALTH
Waste Storage
The development must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Noise
Written certification must be provided from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following:
Air-conditioning and Refrigeration
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable = background + 3dB(A)
Pumps
7am to 7pm: Maximum level allowable = background + 5dB(A)
7pm to 10pm: Maximum level allowable = background + 3dB(A)
10pm to 7am: No audible noise.
The certification must be submitted to Council, which certifies that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice.
Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with either:
Australian Standard AS1055.1 “Acoustics–Description and measurement of environmental noise – General procedures”, or
The relevant “Noise Measurement Manual” as provided by the Department of Environment and Heritage Protection.
ENGINEERING
Site Access and Driveways
A sealed access driveway must be provided from Angler Street to all parking and manoeuvring areas of the development. The works must be undertaken generally in accordance with council’s standard drawings RS-049 and RS-050.
Security Access to Carpark
Where access to the carpark is proposed to be restricted by a security gate, provision must be made for queuing of vehicles clear of the roadway while waiting for the security gate to open.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
Earthworks carried out on site must not affect the structural integrity of any of the adjoining lands and/or buildings and/or structures and/or services.
All earthworks works must be supervised by a Registered Professional Engineer of Queensland (RPEQ).
All earthworks and associated batters, retaining structures (temporary and permanent) and anchors (both above and below ground level) must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
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.
OPERATIONAL WORKS
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
30295-OW3.1	.	Earthworks & Piling Plan Prepared by SCG Consulting Engineers	Nov 2020
30295-OW4.1	.	Driveway Crossover Plan Prepared by SCG Consulting Engineers	Nov 2020
30295-OW4.2	.	Driveway Levels and Sections Prepared by SCG Consulting Engineers	Nov 2020
30295-SW1.1	.	Stormwater Management Plan Prepared by SCG Consulting Engineers	Nov 2020
7189_L01-01		Landscape Cover Page Prepared by Blackburne Jackson	Nov 2020
7189_L02-1		Landscape Element Plan – Basement Prepared by Blackburn Jackson	Nov 2020
7189_L02-2		Landscape Element Plan – Level 1 Prepared by Blackburn Jackson	Nov 2020
7189_L03-01		Landscape Planting Plan – Basement Prepared by Blackburn Jackson	Nov 2020
7189_L03-02		Landscape Planting Plan – Level 1 Prepared by Blackburn Jackson	Nov 2020
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 15 February 2023, unless an application to extend the currency period is approved by Council.
LANDSCAPING
Landscape works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice.
Landscape works must:
Delineate all planting to grassed area interfaces with a spade cut edge where located within the road reserve.
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.
Street trees must:
Meet AS2303 Tree stock for landscape use.
Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines.
Turfed areas must be must be free of pest, diseases and weeds and level with adjoining surfaces.
The Melaleuca leucadendra must be replaced with Melaleuca quinquenervia.
PRIOR TO THE COMMENCEMENT OF WORKS
Engineering
Prior to the prestart meeting, a construction methodology statement (for all earthworks, including the construction of all retaining structures), prepared by a RPEQ, must be submitted to Council for review and endorsement. The construction methodology must ensure that no damage is caused to adjoining lands and/or buildings and/or structures and/or services
All necessary approvals from external service providers (e.g. Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
A condition report of all neighbouring properties to the subject property must be completed and submitted to council prior to the prestart meeting.
A condition report including photographs of the frontage of the site must be completed and submitted to council prior to the prestart meeting.
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;
Erosion and sediment control works;
Other relevant parties.
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD); and
provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
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.
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 Material Change of Use/Reconfiguration of Lot approval viz. MCU20/0143 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.
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.
Site Access and Driveways
The driveway crossover must be constructed generally in accordance with council’s Standard Drawings RS-049 and RS-050.
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 crossover/driveway:
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;
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;
The property access must be located a minimum of 1m clear of existing power poles, streetlights or other signage. The developer is responsible for any necessary relocation of existing services to provide this clearance and must contact the relevant service authorities and comply with their requirements in relation to these works.
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 and located.
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 (e.g. 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.
Erosion and Sediment Control
Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection Regulation 2019) 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.
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.
The erosion and sediment control measures must be designed, installed and maintained in accordance with the supervising engineer instructions and the current best practice standards * (Refer to Advisory Note).
The developer must ensure non-essential exposure of soil is prevented by restricting the extent of disturbance and minimising the duration of soil exposure to adverse weather conditions and effectively turf, cover or stabilise any disturbed area without delay and prior to rainfall occurring.
The developer must ensure sediment does not leave the site or enter onto adjoining properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or machinery. It is essential to implement appropriate approved erosion and sediment control measures throughout the site during all phases of construction including vehicle shakedown pad/grid (or similar) at the access to the construction site. Where sediments or other contaminants are deposited on a road, they must be removed so as not to enter Council’s drainage system or waterways.
Prior to the completion of the development and commencement of use, 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.
FOLLOWING CONSTRUCTION
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.
Final Inspection
A final inspection and approval of the works and completed reinstatement works by Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the inspection.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
Environmental health
Acoustic Advice & Design
It is highly recommended that the developer seek the advice and design input of a qualified acoustic consultant at the plan development stage to ensure the development does not cause a noise nuisance under the Environmental Protection Act 1994. Attention should be given to the following (but not limited to):
building design and construction
design, selection and installation of fixed plant and equipment
he location of air conditioning and heating units, refrigeration plant, pumps, mechanical exhausts and plant rooms etc
the use of acoustic enclosures/screens around noisy plant and equipment.
operating times.
In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint, cement, concrete, builder’s waste or other prescribed contaminants must not to be released to 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.
For measure of sound pressure levels (noise conditions), a qualified person is considered to be either:
a Registered Professional Engineer of Queensland, or;
an environmental consultant with a minimum of 3 years current experience in the field of acoustics.
ENGINEERING
General Advisory Notes
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 Request
Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5 business days’ notice of preferred inspection time.
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
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
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.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
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.

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