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Decision Notice - Minor Change - OPW19 0203 03 [As Published] · OPW19/0203.03
Officer: Mark Lewis
Direct Telephone: 07 5329 6290
Our Reference: OPW19/0203.03
Your Reference: 18556 – 25/01/2024
13 February 2024
64 Gateway Drive Pty Ltd TTE
C/- Tod Consulting Pty Ltd
PO Box 61
NOOSAVILLE QLD 4566
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 25 January 2024, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: OPW19/0203.03
Street address: 64 Gateway Drive, Noosaville
Real property description: Lot 13 SP 170295
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 14 January 2020
• Development Permit for Operational Work (Landscaping, Roadwork, Drainage Work and
Stormwater).
In relation to the request to make a minor change to the existing approval, Council on 9 February
2024, decided to approve the requested changes. The changes are detailed below.
A. Approve the change; and
B. Amend condition 1.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
APPROVED PLANS
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 unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
18556 – C109 F Roadworks and Stormwater Layout Plan – 25/01/2024
Sheet 1 of 2, prepared by TOD Consulting
18556 – C110 E Roadworks and Stormwater Layout Plan – 13/01/2020
Sheet 2 of 2, prepared by TOD Consulting
18556 – C111 C Cul-De-Sac Detail and Sections, prepared 03/12/2019
by TOD Consulting
18556 – C115 C Signs and Pavement Marking Layout Plan 03/12/2019
Sheet 1 of 2, prepared by TOD Consulting
18556 – C116 C Signs and Pavement Marking Layout Plan 03/12/2019
Sheet 2 of 2, prepared by TOD Consulting
18556 – C117 G Stormwater Drainage Rain Gardens Details, 25/01/2024
prepared by TOD Consulting
18556 – C118 C Stormwater Drainage Longitudinal Sections 03/12/2019
Sheet 1 of 3, prepared by TOD Consulting
18556 – C119 G Stormwater Drainage Longitudinal Sections 25/01/2024
Sheet 2 of 3, prepared by TOD Consulting
18556 – C120 C Stormwater Drainage Longitudinal Sections 03/12/2019
Sheet 3 of 3, prepared by TOD Consulting
19269 CD-001 E Cover sheet, prepared by Project Urban 13/01/2020
19269 CD-100 C LANDSCAPE PLAN - SHEET 1, prepared 13/11/2019
by Project Urban
19269 CD-101 E LANDSCAPE PLAN - SHEET 2, prepared 13/01/2020
by Project Urban
AS ANNOTATED BY COUNCIL
19269 CD-200 D REVEGETATION SCHEDULES, prepared 13/11/2019
by Project Urban
19269 CD-201 E PLANTING SCHEDULES, prepared by 13/01/2020
Project Urban
19269 CD-202 C LANDSCAPE NOTES, prepared by Project 13/11/2019
Urban
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CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 20 December 2021, unless an application to extend the currency
period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
3. 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.
4. 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 “prestart” meeting.
5. A condition report of the drainage system must be completed for agreement at the prestart
meeting. The condition report is to include a CCTV inspection of the existing pipe and must
include at least 50m upstream and downstream of the proposed connection points to existing
stormwater infrastructure.
6. A condition report including photographs of the frontage of the site must be completed and
submitted to council prior to the prestart meeting.
7. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
8. 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 6245. The
pre-start meeting must include the relevant parties for the following aspects of the works:
a. Civil engineering works;
b. Landscape works;
c. Erosion and sediment control works;
d. Other relevant parties
9. A Construction Management Plan must be submitted to Council prior to the pre-start meeting
and must specifically address the following:
a. Traffic Management during all aspects of the construct phase including:
i. 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;
ii. Maintenance of safe pedestrian access across the frontage of the site both during
daily construction and after daily construction has ceased;
iii. Proposed fencing to the site during the construction phase of the development;
iv. Adequate parking arrangements for construction workers.
b. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures;
c. Works programme identifying key components of the works and their respective
durations;
d. 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;
e. identification of complaint management procedures including:
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i. contact details for the on-site manager;
ii. dispute resolution procedures.
10. 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.
11. 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
12. 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.
13. 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.
14. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice;
b. The relevant conditions of the higher order Material Change of Use approval
132007.738 to which this approval relates;
c. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines;
d. The latest version of the Healthy Waterways document “Water Sensitive Urban Design
Technical Design Guidelines for South East Queensland” for all water quality devices
to be constructed on site.
Roadworks
15. All pavement widening or construction of new pavement must join neatly to the existing
pavement so that there are no irregularities in line or level resulting at or adjacent to the join
for the length of the construction. Where necessary the existing pavement must be brought
to a satisfactory standard to allow for the above.
16. The installation and/or modification of any traffic signs, street signs, line marking and Raised
Reflective Pavement Markings (RRPMs) must be in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD). New or relocated signage must be installed using the VLok
installation system. All new signage must be Class 1 retroreflective material in accordance
with AS 1906.1, Retroreflective materials and devices for road traffic control purposes – Part
1: Retroreflective sheeting.
17. The developer must notify Council’s Traffic Engineer for any works involving the removal or
modification of existing council traffic signs and/or parking bays prior to such works
commencing.
18. Root barriers are required to be installed behind the back of kerb for all new kerbs within 5m
of a trunk of a tree.
Pavement Design and Construction
19. 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.
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Works within Road Reserve/Reinstatement
20. 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.
21. 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.
22. Electrical conduits or other services proposed to be installed within existing and proposed
road reserves under existing sealed carriageways, concrete pathways, concrete/sealed
driveways or significant vegetation must be installed by boring. Trenching is not permitted,
unless specifically approved by Council.
Pathways
23. All pathways must be constructed in accordance with the following requirements:
a. All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065 and
respective addendum;
b. Provision must be made for disabled access at all kerb crossings associated with
pathways, in accordance with Council's current standards;
c. All paths must have a slip resistant surface;
d. Expansion and contraction joints must provide a flush finish. Installation of joints by
saw cutting is preferred to ensure a smooth ride for cyclists;
e. The required work includes any modifications to ensure the footpath finishes flush with
all existing service covers and the like, or alternatively these services are raised or
altered, so as not to create a pedestrian safety hazard.
24. Pathways must:
a. terminate in a manner that ensures smooth transition to existing surfaces for public
safety;
b. be designed and constructed to comply with the Disability Discrimination Act (DDA),
Access to Premises Standard, Austroads and relevant sections of AS1428 Design for
access and mobility.
Site Access and Driveways
25. Driveway crossovers must be constructed generally in accordance with council’s Standard
Drawing SEQ R-051 and in accordance with the approved plans.
26. 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.
27. The following must be complied with during the construction of the required
crossover/driveway:
a. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete;
b. The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties;
c. Underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway;
d. 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;
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e. 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
28. All earthworks must be undertaken in accordance with conditions of Operational Works
approval OPW19/0098.
Stormwater Drainage
29. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
30. 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).
31. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
Water Sensitive Design
32. Prior to the On-Maintenance inspection, the supervising RPEQ 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).
33. During construction and establishment of the bioretention devices, the supervising RPEQ
must ensure that the device was constructed in accordance with the document Construction
and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by
Design, 2009) and that the forms contained in section 3.15, including the associated
supporting information and data, are completed. These forms and certification from the
RPEQ that the device has been constructed in accordance with the Construction and
Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design,
2009), all conditions of approval, and the approved engineering drawings must be submitted
to Council prior to the On-Maintenance inspection.
34. A construction hold point with a council delegate shall be established once the bioretention
device underdrainage pipe work is installed. At the time of inspection, a sample of the
drainage layer, transition layer, and filtration media materials must be stockpiled on-site.
Laboratory results must be provided for the filter media which demonstrate that the media
complies with the specifications contained in the latest version of the “Guidelines for Soil
Filter Media in Bioretention Systems” (produced by the Facility for Advancing Water
Biofiltration) and that the minimum hydraulic conductivity specified on the approved
engineering plans will be achieved. In addition laboratory results must be provided
demonstrating that the transition layer and drainage layer meet the following bridging criteria:
a. D15 (drainage layer) ≤ 5 × D85 (transition layer);
b. D15 (transition layer) ≤ 5 × D85 (filter media).
35. 80% of the catchment flowing to the bioretention basin must be effectively stabilised prior to
the construction hold point for the Bioretention device.
36. 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.
37. The active filter media of the bioretention device must be as per the approved design
drawings. 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.
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Bioretention Devices – General
38. Raingarden 1 and Raingarden 2 are to be provided with pool fencing along the interface of
the raingarden and road reserve. All raingardens are to additionally be provided with pool
fencing at location where the retaining wall height exceeds 1m.
39. Deleted.
Bioretention Devices – Landscaping
40. Landscape plants to the filter material surface area must be established as per the approved
plans where sufficient media depth of a minimum of 700mm is provided to support tree
species. Where less than 700mm of filter material, the macrophytes listed in the approved
plans must be established at a density no less than 8/m2.
41. 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.
42. Landscaping to the batters and biorention basin filter media must be maintained in good
conditions by the developer until the planting to the surface of the bioretention basin filter
media is accepted off-maintenance by Council.
43. 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.
44. 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.
Bioretention Devices – Education
45. The development must be provided with approved permanent signage to educate the public
on the function of the bioretention basin. The wording for the signage for each bioretention
basin is to include: “BIORETENTION BASIN - This bioretention basin improves water quality
entering Lake Doonella wetlands by filtering out pollutants.”
Bioretention Devices – Maintenance
46. All stormwater quality treatment devices must be maintained in accordance with the Water
by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The approved
Operational Works drawings for the stormwater quality treatment system and detailed life
cycle costing of the system must be attached as an addendum to this document. Records of
all maintenance activities undertaken must be kept and made available to Council upon
request.
Retention of Existing Trees and Vegetation
47. All trees and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.
48. Vegetation areas (north and north eastern corner) for protection must:
a. Be protected with a 1.8m high temporary safety fence or temporary barrier mesh /
three-strand wire with pickets at 3m centres.
b. Have the fence installed prior to the prestart meeting and maintained for the entire
period of construction.
c. Have ‘Exclusion Zone’ signage fixed to the fence at 10m centres.
d. Have no construction material, equipment or personnel entering the exclusion zone
except to undertake approved rehabilitation activities.
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Landscaping Works
49. Landscape works must be supervised, undertaken and certified by qualified persons*. All
works must be completed in accordance with this Decision Notice.
(* Refer to Advisory Note)
50. Landscape works must:
a. Delineate all planting to grassed area interfaces with a hard permanent edge.
b. Ensure amenity or sales signage and ancillary infrastructure is not installed within the
road reserve.
c. Ensure permanent irrigation is not installed within the road reserve
d. Ensure a minimum of 4m3 of friable soil is available for each tree planted.
e. 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.
51. Street trees must:
a. Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC) or updated
equivalent standard.
b. Be located in accordance with engineering requirements for safe vehicle and
pedestrian sight lines.
52. Turfed areas must be free of pest, diseases and weeds and level with adjoining surfaces.
Site Stability and Soil Quality
53. Slope and batters are a maximum grade of:
a. 1 in 6 where in proximity to waterbodies.
b. 1 in 4 for grassed areas.
c. 1 in 3 for planted areas.
d. 1 in 2 for combined structural engineering and planting solutions.
54. Soil for landscaping must provide for healthy and sustained site specific vegetation
performance.
Environment
55. Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) 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.
56. Erosion and sediment control measures must be installed and maintained to minimise
erosion on the site and to minimise the export of sediment and associated pollutants from
the site. The erosion and sediment control measures must be designed, installed and
maintained in accordance with current best practice standards (refer to advisory notes).
57. Prior to the completion of the development, all site surfaces must be effectively stabilised
using methods which have achieved effective short-term stabilisation and which will continue
to achieve effective stabilisation in the medium to long-term (refer to advisory notes). 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.
Damage to Services and Assets
58. 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:
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a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
FOLLOWING CONSTRUCTION / PRIOR TO THE ON-MAINTENANCE INSPECTION
Certification
59. Upon completion of the work a certificate must be issued by an RPEQ certifying that the
works have been constructed in accordance with the Operational Works permit.
As Constructed Plans and ADAC XML Files (Council)
60. Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory
“As-Constructed” records must be submitted to Council. The bundle of “As Constructed”
information must include:
a. As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing
file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the
accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
b. ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed)
prepared in accordance with industry standards and recorded in “MGA - UTM56 /
GDA94” projection.
Please Note: Further information and advice relating to the as-constructed drawing
presentation, as-constructed survey capture and associated guidelines for preparation
of a compliant ADAC XML digital file are available on the webpage titled “As-
Constructed Guidelines” and accessible at the Noosa Council Website: Planning &
Development / Development Tools & Guidelines / As-Constructed Guidelines.
c. The “As-Constructed” drawings will require certification by a:
i. Qualified experienced Civil Engineer (RPEQ) confirming design intent and
conformance with applicable standards and specifications, along with the
relevant descriptions of assets, services and structures and;
ii. Licensed Surveyor in regard to the cadastral and locational information, levels
and applicable survey datum.
d. The data must be in accordance with Council’s “Planning Scheme Policy 5 –
Engineering Design Standards – Roads, Drainage and Earthworks”, and fully detail the
levels for all engineering works including but not limited to the drainage network and
structures, finished ground and pavement surface levels.
e. Landscaping, including all assets and improvements within parks, open space and road
reserves areas are to be shown on an accompanying separate landscape plan
(prepared in .dwg file format with accompanying hardcopy PDFs) and include a
compliant ADAC XML file. Details of the landscaping and all associated assets and
improvements may be included in the ADAC XML digital file prepared for associated
civil infrastructure, or alternatively, be provided as a separate ADAC XML digital file
containing landscape and asset information only.
f. containing landscape and asset information only.
On Maintenance
61. All municipal works must be accepted ‘On Maintenance’ by Council in accordance with
Council’s relevant Planning Scheme Policy. To achieve ‘On Maintenance’, the supervising
RPEQ must submit to Council:
a. certification that all works have been undertaken and completed in accordance with the
requirements of this Permit;
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b. as Constructed details in accordance with Council’s Planning Scheme Policy;
c. maintenance and operational manuals for all proprietary or site specific devices.
62. Each of the biobasins and related infrastructure works are subject to a separate 12 month
maintenance period which must begin once the landscaping to the surface of the bioretention
basin filter media area is completed. For the biobasins’ works to achieve ‘On Maintenance’,
the supervising RPEQ must submit to Council:
a. certification that all works relating to the biobasins have been undertaken and
completed in accordance with the requirements of this Permit.
Off Maintenance
63. Prior to requesting an Off Maintenance inspection the developer must provide a written
request for the Off Maintenance inspection.
64. Prior to requesting off-maintenance of the bioretention basin media landscaping for each
basin, REPQ certification must be provide demonstrating the filter media achieves hydraulic
conductivity of a minimum of 180mm/hr.
65. A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged
where:
a. a Council inspection reveals works do not comply with approval requirements;
b. submitted certification falsely states works comply with approval requirements.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Qualified Person
1. Qualified Person, for the purpose of:
a. 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.
General Advisory Notes
2. 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.
3. 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.
4. 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
5. Contact Council on 5329 6245 to arrange a prestart or an inspection giving a minimum of
5 business days’ notice of preferred inspection time.
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6. 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.
7. 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
8. 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
9. Accepted best practice standards include:
a. the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2
or other superseding document subsequently adopted by Council;
b. Best Practice Erosion and Sediment Control, International Erosion Control Association
(2008).
10. As a general rule, a site is determined to have achieved effective short-term stabilisation
if at the time of the On-Maintenance inspection:
a. 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
b. 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 the On-Maintenance 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, 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.
Landscape Works
11. The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges
Register where:
a. An inspection revealed that any constructed rehabilitation/landscape works do not
comply with the conditions of the Decision Notice, Approved Plans and or Approved
Documents
b. Certification is submitted to Council falsely stating that works comply with the approved
plans, documents and or conditions of the Decision Notice.
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12. Public amenity trees are defined as any tree located within public streets, parks or areas
that will become publicly owned as a result of this development.
7. PROPERTY NOTES
This site is provided with 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.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
10. SUBMISSIONS
Not applicable.
11. 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.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Mark Lewis
Coordinator – Engineering
Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 13 December 2019
• Negotiated Decision Notice – 14 January 2020, with a change to condition 1, with an amendment to condition 25 and delete
condition 39.
• Generally in Accordance OPW19/0203.01 – 5 May 2020.
• Generally in Accordance OPW19/0203.02 – 7 December 2020
• Decision Notice – Minor – OPW19/0203.03 – 9 February 2024, with an amendment to condition 1.
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Document Set ID: 22809336
Version: 4, Version Date: 13/02/2024
Page 13
Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
Page 13 of 13
Document Set ID: 22809336
Version: 4, Version Date: 13/02/2024
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