OPW15/0134 - Decision Noticie

Officer:	Mark Lewis
Direct Telephone:	07 53296290
Our Reference:	MLEWIS:OPW15/0134
Your Reference:	SC3395

25 September 2015

Knowles Group
C/- Empire Engineering Pty Ltd
PO Box 102
MOOLOOLABA  QLD  4557

[email protected]

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 25 September 2015, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
1.	APPLICATION DETAILS

Application No:	OPW15/0134
Street Address:	60 Hofmann Dr NOOSAVILLE  QLD  4566
Real Property Description:	Lot 4 SP 222982
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS
The following type of approval has been issued:
Development Permit for Operational Work - Drainage, Stormwater, Earthworks & Landscaping
3.	RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is 2 years starting the day that this development approval takes effect.
4.	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
SC-3395 C001	B	Drawing Index and Standard Notes prepared by Empire Engineering	25 August 2015
SC-3395 C005	A	Construction Management Plan prepared by Empire Engineering	17 July 2015
SC-3395 C010	B	Bulk Earthworks Plan prepared by Empire Engineering	25 August 2015
SC-3395 C030	C	Siteworks and Drainage Plan prepared by Empire Engineering	25 August 2015
SC-3395 C035	B	Siteworks and Drainage Sections and Details Sheet 1 prepared by Empire Engineering as amended by Conditions	25 August 2015
SC-3395 C036	C	Siteworks and Drainage Sections and Details Sheet 2 prepared by Empire Engineering	25 August 2015
SC-3395 C050	B	Stormwater Longitudinal Section prepared by Empire Engineering	25 August 2015
SC-3395 C060	B	Pavement Plan prepared by Empire Engineering	25 August 2015
SC-3395 C070	A	Signs and Linemarking Plan prepared by Empire Engineering	17 July 2015
SITE SPECIFIC CONDITIONS
Prior to requesting a pre-start meeting, amended landscaping plans must be submitted and approved by Council showing:
Vegetation retention and enhancement to the Covenant AD in Lot 4 on SP222982 in accordance with the covenant’s obligations.
Any fire control lines to be wholly located outside of any covenant area and contained within the lot.
Any landscaping plan amendment(s) required by these conditions must be suitably endorsed by the author of the approved Bushfire Management Plan for the site.
This approval must be coordinated with all other Operational Works approvals relating to this development.
Prior to requesting a pre-start meeting, an amended version of Drawing SC-3395 C035 must be submitted and approved by Council showing bioretention basins to be sealed with an impervious liner to protect against groundwater infiltration.
Prior to requesting a pre-start meeting, a  drawing must be submitted and approved by Council showing details for a level spreader to dissipate and spread flows from the overflow of each bioretention basin in a manner that will not result in scour of the adjoining property.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
Submit amended plans to Council as described in the List of plans requiring amendments. Plans must be submitted and approved prior to the pre-start meeting.
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 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 at 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 6244. 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 site specific Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Proposed fencing to the site during the construction phase of the development
Adequate parking arrangements for construction workers
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures
Works programme identifying key components of the works and their respective durations
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues
Identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
Details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.  NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
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 approval viz. MCU11/0254  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
Pavement Design and Construction
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveway 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.
Site Access and Driveways
Driveway crossovers must be constructed in accordance with council’s Standard Drawing SEQ R-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 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
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
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.
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.
Erosion and Sediment Control
E&SC measures must be  installed and maintained to ensure any waters discharged from the site up to and including a  85%ile 5 day rain event (or 46mm rainfall event)  contain less than 50mg Total Suspended Solids per litre. All relevant measures detailed in the International Erosion and Sediment Control Book 2008 or Sunshine Coast Manual for Erosion and Sediment Control must be installed to minimise the amount of sediment leaving the site in rainfall events that exceed 85%ile 5 day or 46mm.
A construction hold point with a council delegate and supervising RPEQ must be established prior to commencement of cut to fill earthworks. The hold point must be held as soon as reasonably practical and prior to the first rain event forecast following initial removal of soil stabilising material. At the hold point inspection, all areas that will not require earthworks in the imminent cut to fill operation must be stabilised to prevent entrainment of sediments into receiving waters, and
all required sediment basins, drains and bunds to divert waters away from disturbed soil or soils about to become exposed through cut to fill activities must be installed; or
adequate contingency measures to prevent sediment entrainment in runoff must be available on site.
Cut to fill earthworks must not commence until after the Supervising RPEQ has certified that all required erosion and sediment controls required by the above condition are on site and the written acceptance of the certification is provided to the supervising RPEQ by Council officers.
Offsite run-off must be diverted around exposed soils on the site without entraining additional sediments. Discharge from measures to divert the offsite water must not cause run-off impacts to other properties. Measures installed to divert the upstream water must be designed and certified by the supervising RPEQ and installed prior to commencement of bulk earthworks.
Any temporary drainage works to manage stormwater flows during the construction phase of development must be designed by the supervising RPEQ to provide a 150mm freeboard and convey the following flow capacities without resulting in visible scour within flow paths:
1 in 2 year event where disturbed area open for less than 12 months
1 in 5 year event where disturbed area open for 12-24 months
1 in 10-year ARI event where disturbed area open for 24 months
Minimum 1 in 1 year ARI Hydraulic capacity for temporary culvert crossings
Peak 1-year ARI event discharge from the construction phase of development must be equivalent to the pre-development peak 1-year ARI event discharge. Measures included in calculations to achieve management of peak flows must be incorporated into the development in a manner that is consistent with the Noosa Plan, all conditions of the approval and does not interfere with adjoining properties.
Prior to the completion of the development, all site surfaces must be effectively stabilised. 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.
Water Sensitive Design
Prior to commencement of use, the supervising RPEQ must certify must certify that all hardstand areas of the development drain to a bioretention device designed and constructed in accordance with all relevant conditions of this approval, the Water by Design Bioretention Technical Design Guidelines, relevant aspects of the IPWEAQ Standard Drawing WSUD-drawing series and Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009).
During construction and establishment of the bioretention devices, the supervising RPEQ must certify forms contained in section 3.15 of the Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009). These forms and certification must be submitted to council prior to commencement of use.
The active filter media of the bioretention devics must be 60m2 plus 28m2 respectively. Active filter media area is the area of the bioretention basin surface that is not covered by any impermeable structure such as a sediment forebay, riser, etc.
A construction hold point with a council delegate must 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 onsite accompanied by laboratory results that demonstrate that the media complies with the specifications contained in the latest version of the Guidelines for Soil Filter Media in Bioretention Systems (Facility for Advancing Water Biofiltration) and that the minimum hydraulic conductivity of 180mm/hr or as specified on the approved engineering plans will be achieved. The drainage layer, transition layer, and filtration media materials shall not be installed until the catchment draining to the bioretention device has 80% groundcover as determined by council’s delegate.
80% of the catchment flowing to the bioretention basin must be effectively stabilised prior to the construction holdpoint for the Bioretention device.
Bioretention Devices - Landscaping
Where landscaping/garden beds are proposed adjacent to the bioretention basin, or where the basin is located adjacent to naturally forested areas, a 900mm deep root barrier must be installed to the interface between the landscape/garden/forest area and the bioretention basin to prevent root intrusion to the biobasin infrastructure.
Landscaping to the surface of the bioretention basin filter media area must not commence until 80% of building work within each contributing catchment is complete or after 3 years, whichever occurs first. An uncompleted works bond of 150% of the value of the planting to the surface of the bioretention basin filter media area must be provided to Council prior to the release of the Plan of Survey.
Where required, mulch within the batters of bioretention basins must be installed in a manner that it will not escape into receiving stormwater drainage infrastructure or water courses.
Acid Sulfate Soil
All works must be carried out in accordance with the Acid Sulfate Soil Management Plan Proposed Residential Unit Development Lot 4 Hofmann Drive Noosaville by Core Consultants Dated August 2015 (Report Number 000116-001-R-Rev0).
Prior to request for a prestart meeting the applicant must provide Council with a copy of the Earthworks Strategy required to be prepared pursuant to the Acid Sulfate Soil Management Plan Proposed Residential Unit Development Lot 4 Hofmann Drive Noosaville by Core Consultants Dated August 2015 (Report Number 000116-001-R-Rev0).
All treated material must undergo verification testing to achieve neutralisation in accordance with the Queensland Acid Sulfate Soil Technical Manual: Soil Management Guidelines v4.0.
Surface waters contained within treatment or soil storage areas  must be sampled and tested at a NATA certified laboratory to confirm the following water parameters are met prior to release from the site:
a pH range of 6.5-8.5 pH units;
50mg/L maximum  total suspended solids concentration;
0.3mg/L maximum total iron concentration;
0.2mg/L maximum total aluminium concentration.
Groundwater monitoring bores must be established and installed by a Geotechnical Engineer or other suitably qualified person experienced with Acid Sulfate Soils Management. The location of the groundwater monitoring bores must be certified by the Geotechnical Engineer or other suitably qualified person to be sufficient to identify any changes in groundwater levels as a result of proposed construction activities.
Groundwater levels must, be monitored weekly for at least one month prior to construction activities likely to affect groundwater levels and daily during construction of those activities. Within 24 hours of identifying a reduction in groundwater levels below the lowest measured pre-construction levels, the Geotechnical Engineer must provide Council and Contractor with remediation strategies, and these must be implemented to prevent harm to receiving environments.
Landscape
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 approval viz. MCU11/0254 to which this approval relates.
All relevant Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
The latest version of Water Sensitive Urban Design Technical Design Guidelines for South East Queensland (Healthy Waterways) for all water quality devices to be constructed on site.
External Vegetated Areas (on Lot 5 on SP222982) must:
Be protected by a 1.8m high temporary safety fence which must not involve clearing and be located on Lot 4 on SP222982.
Have the fence installed prior to the prestart meeting and maintained for the entire period of construction.
Have ‘Exclusion Zone’ signage fixed to the fence at 10m centres.
Have no construction material, equipment or personnel entering the ‘Exclusion Zone’ (Lot 5 on SP222982) unless written authorisation is granted by Council delegate.
Be protected from any damage except Council approved vegetation removal for the protection of persons or property.
Street trees must:
Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC).
Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines.
Be located from services and infrastructure a minimum of:
6m from electricity poles and pillars.
4m from street lighting.
2m from stormwater catchment pits.
2m from any adjoining driveway.
Turfed areas must be must be free of pest, diseases and weeds and level with adjoining surfaces.
Bushfire Management
A qualified person* must be engaged for the duration of the works to ensure:
Works are carried out in accordance with the Bushfire Management Report for the site.
The asset protection zones and the fire management access paths are established.
Covenant area boundaries are clearly delineated on the ground with non-perishable and fire resistant markers at all covenant bends (20m intervals along the covenant boundary).
Rehabilitation of the Covenant area including:
Weed removal.
Site and soil preparation.
Revegetation planting establishment including mulching, with fire retardant species appropriate for Regional Ecosystem and site conditions.
Minimum planting density for groundcover (0.5m to 1m centres), shrub and tree species (1.5m to 2m centres).
*(Refer to Advisory Note)
Prior to commencement of use the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification.
Specifying Trees: a guide to assessment of tree quality (NATSPEC) certification (addressing each specimen).
Bushfire Management certification which certifies that the development has been constructed in accordance with the bushfire management requirements associated with the lot and surrounding bushland
A copy of the Environmental Awareness and Education Brochure prepared for the site.
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
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 (Council)
Prior to acceptance of civil works to become Council assets “On Maintenance”, the lodgement of satisfactory “As Constructed” records must be submitted to Council. The “As Constructed” information must include:
Drawings and data certified by a qualified experienced Civil Engineer (RPEQ) for design intent, and certified by a Licensed Surveyor in regard to the cadastre and the location, level and type of all services and structures
The data must be in accordance with Council’s – Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks, and fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels
The data must be submitted in hardcopy form and digital format (Asset Design and As Constructed (ADAC)) in GDA94 Zone 56 coordinate values. Guidelines on the use of ADAC are available at www.adac.com.au
On Maintenance
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to 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
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection.
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.
5.	REFERRAL AGENCIES
Not Applicable.

6.	REFERENCED DOCUMENTS
Not Applicable.
7.	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
As the access driveways and carparking areas are private structures, the owner bears full responsibly for the standard of its construction, maintenance and any liabilities associated with its construction.
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 Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Stormwater
The applicant may submit for approval by Council prior to requesting a pre-start meeting, revised civil plans that omit the proposed Stormwater 360 Enviro Pod.
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6244 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:
the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2 or other superseding document subsequently adopted by Council;
Best Practice Erosion and Sediment Control, International Erosion Control Association (2008)
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the final 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 final inspection, 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.
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.
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 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 3239 3647 to discuss any obligations under the ACH Act.
8.	PROPERTY NOTES
The following property notes will be placed against the subject property in Council’s property record system:
This site is provided with Two Bioretention Basin stormwater quality treatment devices which capture and store pollutants from stormwater runoff generated on the site.  These devices are required to be routinely checked and serviced/cleaned out as per Maintaining Vegetated Stormwater Assets, Version 1 (Water by Design, 2009).  Records of maintenance activities undertaken are to be kept and made available to council officers upon request.
The following property note will be applied were the applicant elects to install the proposed GPT into the development: This site is provided with a Stormwater 360 Enviropod which captures and stores pollutants from stormwater runoff generated on this site. This device is required to be routinely checked and serviced/cleaned out as per the manufacturer’s recommendations. The material extracted from the device when being serviced and cleaned out is to be removed from the site and disposed of by either a licensed waste removal contractor or by other lawful means. Records of maintenance activities undertaken are to be kept and made available to council officers upon request.
9.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable.
10.	FURTHER DEVELOPMENT PERMITS REQUIRED
Not Applicable
11.	SELF ASSESSABLE CODES
Not Applicable.
12.	SUBMISSIONS
Not Applicable.
13.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not Applicable.
14.	RIGHTS OF APPEAL
You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.
15.	OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

Yours faithfully

Mark Lewis
COORDINATOR – Engineering

Enc:	Approved Plans/Documents
Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

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

Division 8 	Appeals to court relating to development applications and approvals

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

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

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

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

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

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

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

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