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Approval Package
Noosa Council documents
Comment [DSP]: Page: 1
Form 6 – Negotiated Decision Notice Insert name and address of agency.
Comment [DSP]: Page: 1
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
If refused, delete the section headed
Referral Agencies
Referral Agency Address
File No: 23116 DA Date of Decision: 12 August 2004
Comment [DSP]: Page: 1
Insert Designer’s Name, Plan No. and
1. APPLICANT DETAILS Date of Plan.
Comment [DSP]: Page: 1
Name: SETTLERS COVE DEVELOPMENT PTY LTD
Insert Yes or No in each column
Postal address: C/- RUSSELL RYTER - RYTER PLANNING PO BOX 5872 MAROOCHYDORE QLD 4558 adjacent to each category.
Phone no: 5479.4442 Fax no: 5479.4447 Mobile: 0418 729707
2. PROPERTY DESCRIPTION
Street address: NONE SERENITY CLOSE
Suburb/locality NOOSA HEADS
Real property 4SP100064 PARISH WEYBA COUNTY MARCH
description:
3. OWNER DETAILS
Name: R F THOMPSON PTY LTD
Postal address: UNIT 2 42 DUPORTH AV MAROOCHYDORE QLD Postcode: 4558
4. REFERRAL AGENCIES
Referral Agency Address Basis
Nil
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use 33 Dwelling Houses & Open NO YES
Space
Lot Reconfiguration 33 Residential Allotments plus NO YES
park
6. DECISION DETAILS
Council on 27 November 2003 decided to approve the application and grant a Development Permit, subject to
conditions.
In relation to representations made about the conditions of approval, Council on 12 August 2004 resolved to: -
A. Approve a change to Conditions 1, 2, 4, 7, 9, 14, 17.1, 17.2, 17.3, 18, 19, 20, 21, 22, 23, 24, 32, 33, 36, 42,
43, 48, 49, 52, 55, 56, 57, 60, 63, 65, 68, 73, 75, 79, 80, 81, 82, 84, 86, 87, 88.3, 92, 97, 135, 142, 146, 147
and 148;
B. Delete conditions 16, 25, 65.3, 93, 94, 95, 96, 126, 127, and 144;
C. Include one additional condition;
D. Refuse to change conditions 12, 16, 20, 22.3, 40, 85.2, 85.3, 88, 98, 105, 121, and 146 for the following
reasons:-
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Noosa Council documents
NOOSA COUNCIL IDAS Development Application Decision Notice 2
Condition 12
The works proposed as part of this approval are significant and include major earthworks construction of
significant services as well as requiring vegetation protection. The $250,000.00 is considered reasonable
based on the scope of these works and could be progressively reduced as the works are completed. As this
is a sensitive site with a range of detailed conditions all securities should be in place prior to release of any
operational works approvals. This ensures works do not commence without the securities in place. The
security bond however will be returned in stages as works are completed.
Condition 16
It is not agreed to change the title of the Retained and Enhanced Vegetation area, as it is important future
residents, owners and mangers understand that this area has very important conservation and waterways
protection functions. The title ‘Retained and Enhanced Vegetation’ infers nothing about the special
environmental and conservation values of these areas.
Condition 20
The proposed covenant does not satisfactorily address and provide for the protection of the Private Open
Space Conservation & Waterways Protection area’s environmental values, with amendments required.
Condition 22.3
The fence is critical to the proper management and protection of these important areas in perpetuity. The
fence is intended to prevent future owners from extending their ‘horticultural landscapes’ into these areas of
native bushland.
Condition 40
Wallum froglets are only surviving in those parts of the wetlands where nutrients and pH are low. The parts
affected by impacts form ‘external catchments’ are no longer Wallum froglet habitat. The intent of this
condition is to ensure that this development does not adversely affect the remaining areas of Wallum Froglet
habitat
Condition 85.2
The proposed change is not supported as this monitoring is considered low cost and can be read by a field
multi-meter.
Condition 85.3
The proposed change is not supported, as this monitoring is considered to be standard monitoring
requirements. Sewerage lines on site can overflow, and excess nutrient runoff\ can lead to algal blooms.
Condition 98
The applicants traffic engineer, Council’s traffic engineer, and Land Development staff all agree that it is
necessary to close off Banksia Avenue as a result of the proposed development.
It is also considered necessary to provide a turnaround facility as the closure of Banksia Avenue will prevent
vehicles within Grant Street from being able to head south. That is, entry onto Noosa Drive from Katharina
Street will be limited to left turn only (north), and entry onto Noosa Drive via Banksia Avenue - Jan Street -
Coral Tree Avenue (where vehicles can currently turn right to head south) will be closed off. Accordingly, it is
paramount that this turning facility be provided so that traffic can gain access back onto Noosa Drive where
they can turn right at the existing roundabout.
In terms of utilising moneys contributed by the applicant in the past – this money has already been spent in
accordance with the rezoning approval that the money was required under. That is, the applicant paid the
money in order for the land to be rezoned and gazetted to Residential B (now referred to as the Residential
High Density Zone) and Council carried out upgrading works in both Banksia Avenue and in Grant Street in
preparation for the intended development at that time. The fact that the applicant did not proceed with the
development is irrelevant as both parties complied with the condition – one rezoning the land, the other
improving the roads.
Condition 105
The bond of $50,000 is considered reasonable considering the extent of damage that could occur to
Council’s roads and the cost to repair any damage.
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NOOSA COUNCIL IDAS Development Application Decision Notice 3
Condition 121
Comment [DSP]: Page: 2
Although it is agreed that no headworks contributions should be paid for the Residential High Density component Type name of officer signing
of the development (23118DA) - as this was paid in May 1982 as part of rezoning that portion of the land - it
is not agreed to change this condition as no contributions have ever been received over this component of
the site. That is, the old rezoning approval and contributions paid under that approval did not relate to this
component of the site, they related to the Residential High Density component only.
Condition 146
The wording as it currently stands is correct and the condition should not be changed.
7. APPLICABLE CODES
The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Not applicable.
8. SUBMISSIONS
Thirteen (13) properly made Submissions were received.
9. CONDITIONS
The approval is subject to conditions. Noosa Council’s conditions are attached
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Access and/or carparking, Site Civil Works, Roadworks,
Development Permit for Operational Works Stormwater Drainage, Frontage works (including path
construction), Sewer reticulation including new mains,
relocations, diversions, pump stations and rising mains, Water
reticulation, Site Filling, Excavation of materials to fill another
site, Landscaping, Ecological Restoration.
11. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.
12. ASSESSMENT MANAGER
Name: Noosa Council Signature: Date: 20/08/04
DECISION NOTICE HISTORY
• Original Decision Notice 27/11/03.
• Negotiated Decision Notice with amendment to
Conditions 1, 2, 4, 7, 9, 14, 17.1, 17.2, 17.3, 18, 19,
20, 21, 22, 23, 24, 32, 33, 36, 42, 43, 48, 49, 52, 55,
56, 57, 60, 63, 65, 68, 73, 75, 79, 80, 81, 82, 84, 86,
87, 88.3, 92, 97, 135, 142, 146, 147 and 148, and
deletion of conditions 16, 25, 65.3, 93, 94, 95, 96,
126, 127, and 144 and inclusion of one additional
condition 12 August 2004.
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NOOSA COUNCIL IDAS Development Application Decision Notice 4
Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Material Change of Use
Land Use
1. Development undertaken in accordance with this approval must generally comply with the approved
plans of development. The approved plans are numbered 1128 RSU OA Amendment A dated 23
July 2004 and 881128/C dated 23 July 2004 all prepared by Ken Hicks & Associates and as may
be amended by these conditions.
2. All development of the site including dwelling houses, outbuildings and swimming pools shall be
contained in the areas detailed as ‘Selective Clearing’ and not encroach into any areas detailed
‘Retained and Enhanced Vegetation Areas’ on the Vegetation Clearing Plan dated 23 July 2004.
3. All dwelling houses shall not exceed 8 metres in height or 2 storeys from both natural and finished
ground level as defined by the Planning Scheme. Earthworks shall be minimised and the design of
the dwelling houses shall be sympathetic to the topography of the site. A preference shall be given
to elevated lightweight construction.
4. Each dwelling house shall have no more than 1 access driveway within the road reserve and
through the Retained and Enhanced Vegetation not exceeding 4 metres in width and shall be
constructed in accordance with Council’s engineering standards. To this end, the location of all
driveways will have regard to any significant vegetation to the reasonable satisfaction of the
Manager Land Development.
5. Prior to the issue of a development permit for building works, the applicant/owner of any allotment
is to seek the advice from a suitably qualified and experienced geotechnical engineer about slope
stability. To this end, the applicant/owner shall comply with all recommendations as detailed by the
engineer to ensure the risk of landslip is minimised and that erosion and sedimentation measures
are addressed accordingly.
6. The development must be undertaken and operated in a manner that causes no detrimental effect
upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting
nuisance or other emissions.
7. Any fencing provided in conjunction with the development is to be contained within the ‘Selective
Clearing’ area and clear of any ‘Retained & Enhanced Vegetation’ areas as nominated on the
Vegetation Clearing Plan dated 23 July 2004 other than the acoustic fencing required for Lots 24-33
adjacent to Noosa Drive.
8. Where ENERGEX require provision of a pad mounted transformer, together with access, it is to be
located on site and not within landscaped areas.
9. Existing trees on the site and within road reserves are to be retained, except where required to be
removed due to building operations, requirements of the Bushfire Management Plan and the
Ecological Restoration Plan, or the conduct of the approved use. The 2 old eucalypt trees within the
Banksia Avenue road reserve shall be retained and protected. The applicant is required to confirm
the location of these trees with the Manager – Environmental Services prior to the commencement
of any works.
10. Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
11. All manholes, inspection pits and grates are to be raised to finished surface levels and kept free of
cover and be visible at all times to ensure prompt access in case of emergency.
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NOOSA COUNCIL IDAS Development Application Decision Notice 5
12. Security in the form of a cash bond or trading bank guarantee to the sum of $250,000 must be
submitted, 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.
13. The requirements of this development approval are to be effected, prior to the use of the premises.
Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to
effect compliance with conditions.
Currency
14. This Development Permit for a material change of use and reconfiguring a lot lapses if the
reconfiguration has not been completed by 12 August 2008, during which time all conditions must
have been complied with, operational works completed, and the Plan of Survey lodged with the
Council for endorsement.
Environmental Health
15. The area is in close proximity to vector breeding areas and the following conditions are required.
15.1 All windows and doors of any dwelling constructed on the land shall be screened with
mosquito-proof gauze not coarser then 1mm aperture to prevent the ingress of mosquitoes
and midges.
15.2 A notation shall be added to Council’s records whereby any applicant undertaking a
health/property search is advised that this premises is located near major breeding areas of
Mosquitoes and Biting Midge and may be subject to associated problems.
Environmental
16. Deleted.
17. The development over the subject site shall comply with the following:
17.1 All necessary stormwater, erosion and sediment and water quality management and control
devices shall be located within the development precinct. That is, areas shown as ‘Selective
Clearing’ on the Vegetation Clearing Plan dated 23 July 2004.
17.2 No development (other than approved fire breaks, any 4 metre wide driveway accesses and
access paths and connections for services) shall be undertaken within areas of ‘Retained
and Enhanced Vegetation’ shown on the Vegetation Clearing Plan dated 23 July 2004. The
access paths to the fire trail apply to Lots 1-12 & 15 only and shall be aligned to avoid any
significant vegetation, generally follow the route of the service connections, be constructed
of pervious materials and be located to the reasonable satisfaction of the Manager Land
Use. No access paths are permitted through the ‘Retained and Enhanced Vegetation’ of
Lots 24-33.
17.3 No clearing or removal of native vegetation (other than that specified in the Ecological
Restoration Plan, the Fire Management Plan, the 4 metre wide driveway accesses, and
service connections) shall be undertaken within areas of ‘Retained and Enhanced
Vegetation’ shown on the Vegetation Clearing Plan dated 23 July 2004.
17.4 The clearing of vegetation for the purpose of providing firebreaks shall not exceed 5 metres
in width unless otherwise stated in an approved Fire Management Plan.
Management Plans
18. The Applicant shall prepare various management plans that relate to the design, construction and
operational phases of the development. These plans are to be prepared by appropriately qualified
persons to the reasonable satisfaction of Council prior to any further approvals being issued, unless
any other condition herein or in a subsequent development permit require otherwise.
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NOOSA COUNCIL IDAS Development Application Decision Notice 6
The plans are to address specific matters detailed in the conditions of this approval. The plans to
be submitted include:
• Environmental Management Plan
• Ecological Restoration Plan and Specifications
• Fauna Management Plan
• Landscape Master Plan
• Fire Management Plan
• Construction Management Plan (including Traffic Management Plan)
• Sediment and Erosion Control Plan
• Stormwater and Water Quality Management Plan
• Acid Sulphate Soils Management Plan
Fees Payable
19. The Applicant shall pay Council all reasonable costs for the assessment of the management plans
and also the costs associated with ensuring the development complies with the requirements of this
approval. These costs shall be limited to a maximum of $30,000 including the cost of external
consultants should they be required.
The further approvals required to allow development to occur shall be subject to the fees contained
in Council’s Fees and Charges Schedule.
Environmental Covenant
20. An environmental covenant as defined by Part 6, Division 4A of the Land Title Act 1994, shall be
registered in favour of Council on the title of any allotment having an area described by metes and
bounds on Drawing No. 881128/C dated 23 July 2004, described as Private Open Space
Conservation & Waterway Protection areas.
21. The environmental covenant referred to in condition 20, shall cater for the requirements of the
conditions of approval by protecting vegetation described as the ‘Retained and Enhanced
Vegetation’ as shown on the Vegetation Clearing Plan dated 23 July 2004. The environmental
covenants will allow for private driveways to be constructed (as detailed in condition 4) and access
paths from Banksia Avenue to service allotments 1 to 14, access paths from the fire trial to service
allotments 1-12 & 15 and connections to services.
Private Open Space for Conservation & Waterways Protection
22. The area of the site known as the ‘Private Open Space for Conservation & Waterway Protection’
area on Drawing No. 881128/C dated 23 July 2004, titled ‘Metes & Bounds Plan for Private Open
Space for Conservation and Waterways Protection on Residential Single Unit (RSU)’, shall be:
22.1 Managed to protect and reinforce its environmental values, particularly its Koala habitat
and corridor values, Glossy Black Cockatoo habitat values, scenic amenity values and
water quality protection function.
22.2 Managed and maintained in accordance with the approved Environmental Management
Plan, Fauna Management Plan, Fire Management Plans and Ecological Restoration Plan.
22.3 Separated from the selective clearing area by a fence at least 1.2 metres in height (other
than the 4 metre wide strip adjacent lots 1 to 14 and Banksia Avenue).. A gate may be
permitted in the fence for access purposes pursuant to condition 17.2.
22.4 Maintained by the owner.
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22.5 Protected from infrastructure, tracks, drainage, water control devices, etc. or other
development, other than
22.5.1 for lots 1 –15, a 4 m wide driveway access, an access path from Banksia
Avenue (Lots 1-14 only), an access path from the fire trail (Lots 1-12 & 15)
services and connections for services;
22.5.2 for lots 24–33 a 2 m high acoustic fence on their boundary with Noosa Drive.
22.6 Protected so that native trees and vegetation are not removed, pruned, lopped, damaged or
otherwise adversely affected without written approval from Council’s Manager –
Environmental Services (other than specified in the Ecological Restoration Plan and the Fire
Management Plan, and as required for a 4 m wide driveway access, an access path,
services and service connections to Lots 1–15 and the construction of a 2 m high acoustic
fence on the Noosa Drive boundary of Lots 24 –33.
Public Parkland
23. All lands described as ‘Park’ (excluding the Public Esplanade area) on the Vegetation Clearing Plan
dated 23 July 2004 shall be dedicated to the State for park purposes pursuant to the Land Act at
the time of reconfiguration.
24. Prior to the dedication of any land to Council, or the State, the applicant shall ensure that:
24.1 All the relevant specified actions in the Fire Management Plan and Fauna Management Plan
are undertaken and completed.
24.2 All environmental weeds shall be removed or treated and their reoccurrence controlled as
per condition 41.
24.3 All rubbish shall be removed.
Conservation Management Plan for the Conservation Land
25. Deleted.
Vegetation Removal, Disposal and Protection in Development Precincts
26. Vegetation protection, removal and disposal within the development precincts shall be undertaken
in general accordance with the Fauna Management Plan by James Warren & Associates (dated
May 2003) and the Vegetation Management Plan by Greening Australia (dated May 2003).
27. Vegetation removal, tree felling and lopping shall be undertaken in an environmentally sensitive
manner to avoid damaging surrounding vegetation, trees and habitat.
28. Prior to felling or lopping all trees are to be checked for wildlife (eg. koalas, cockatoos, possums). If
wildlife species are present, the tree shall not be felled or lopped until the wildlife has left the tree.
29. All cleared vegetation shall be suitably processed or removed from the site by a method approved
by Council.
30. Environmental weed species cleared from the site shall not be mulched. Vegetation material from
environmental weed species shall be removed from the site and disposed of in a Council approved
refuse tip.
31. Burning off is not considered an acceptable means of disposal and is not to take place.
32. During construction, the boundaries of areas of retained and protected vegetation of and adjoining
the site shall be clearly marked for the purpose of preventing access into these areas thereby
protecting the vegetation and habitat values.
33. All underground services, drainage, footpaths, bikepaths, roads and other works shall be located to
minimize adverse impacts on retained vegetation, particularly their root system.
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NOOSA COUNCIL IDAS Development Application Decision Notice 8
34. Vegetation and individual trees retained in development precincts shall be healthy and vigorous
with an expected life span of at least 50 years. A risk assessment by a qualified arborist shall be
undertaken on all individual trees and stands of vegetation to be retained within development
precincts. An arborist’s written report shall be included in the relevant Operational Works
applications.
Koalas and Koala Habitat Protection
35. Koalas and their habitat require special protection and particular consideration shall be given to:
35.1 The protection and restoration of koala habitat, habitat linkages and corridors on the site as
shown on Figure 7 by Environmental Science and Services, dated October 2003.
35.2 The protection and restoration of existing and new vegetation to facilitate Koala movement
throughout the entire site.
35.3 The protection of Koalas during the construction and operation phases of the development.
35.4 The planting of additional koala food and habitat tree species as part of the landscaping in
the development precincts.
36. Known Koala habitat trees within development precincts shall be protected, unless specific
approval exists for their removal or lopping or their removal or lopping would be necessary as the
result of approved operational or building works.
37. Rehabilitation/re-establishment of the Koala habitat and habitat links shown in Figure 7 by
Environment Science & Services dated October 2003 within the site shall be given priority in the
Ecological Restoration Plan and the Landscape Master Plan.
38. All swimming pools provided for by any development shall have a rope installed to allow Koalas to
exit the pool.
Glossy Black Cockatoos and their protection
39. Glossy Black Cockatoos and their habitats require special protection and particular consideration
shall be given to:
39.1 The protection and restoration of Glossy Black Cockatoo habitat on the site.
39.2 The protection of Glossy Black Cockatoos during the construction and operation phases of
the development.
39.3 The planting of additional Glossy Black Cockatoo food and habitat tree species as part of
the landscaping in the development precincts.
39.4 Rehabilitation/re-establishment of Glossy Black Cockatoo habitat within the development
precincts shall be given priority in the Landscape Master Plan.
39.5 Nesting boxes for cockatoos shall be installed on trees.
Wallum Froglets and their Protection
40. Wallum Froglets and their habitat shall be protected. Particular attention shall be given to:
40.1 The maintenance and protection of their prime habitat areas (eg. the wet heath, melaleuca
wetlands and swamp mahogany wetland).
40.2 Maintaining the low nutrient status of these habitats (eg. total nitrogen 0.34 mg/l and total
phosphorous 0.035 mg/l).
40.3 Maintaining the low pH environment of these habitats (eg. pH 3-5).
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40.4 Maintaining the structure and floristics and the plant communities that are habitat for
Wallum Froglets.
40.5 Maintaining and protecting the natural hydrological regimes and ecological processes that
maintain the plant communities that are habitat for Wallum Froglets.
40.6 The above information shall be incorporated into the various management plans required by
this approval.
Weed and Pest Species Control
41. Weed control shall be undertaken in general accordance with the Vegetation Analysis Report,
dated December 2002, prepared by Greening Australia.
42. All plants listed as environmental weeds by the Queensland Herbarium or listed as Undesirable
Plant Species by Noosa Council shall be removed and/or treated as per condition 41 prior to
reconfiguration.
43. Prior to entering the site or the adjoining site, all construction machinery and vehicles shall be
washed down to remove soil that may contain weed seeds, soil pathogens and pest species.
44. All nursery stock shall be weed, pest and disease free and certified as such by the supplier. The
certificates are to be obtained prior to the commencement of any landscaping works on site and
shall be made available to Council upon request.
45. All mulch produced on site by mulching cleared vegetation and trees shall specifically exclude
material (particularly seeds) from environmental weed species (eg. lantana, asparagus and
umbrella trees).
46. Soil disturbance shall be kept to a minimum to avoid weed proliferation.
47. The eradication and control of environmental weeds will be an integral part of both the Ecological
Restoration Plan and the Landscape Master Plan. Vegetation used in restoration work and
landscaping shall exclude environmental weed species.
Ecological Restoration Plan and Specifications
48. An Ecological Restoration Plan and Specifications shall be prepared for the site by a specialist
restoration ecologist, to the reasonable satisfaction of the Council. The applicant shall implement
the Plan and Specifications. It shall identify all the areas designated as ‘retained and enhanced’
vegetation within the site that require ecological restoration and specify actions and works
necessary to result in robust, self-sustaining viable plant communities and habitat. (Note: The
dense she-oak and wattle areas are a stalled seral stage of a Eucalyptus and Callitris open forest.
These areas need special management to ‘kick-start’ the natural regeneration processes and
enable the vegetation to develop into self-sustaining open forests. It is not just a matter of
removing weeds and planting some trees.). The following, inter alia, shall be addressed and
included in the Plan and Specifications:
48.1 Document the current status of the areas requiring ecological restoration in terms of
structure, floristics, missing elements, health, vigour, etc.
48.2 Formulate structural and floristic models for the plant communities requiring ecological
restoration.
48.3 Specify the required works and actions for each area in terms of:
◊ site preparation (this may include thinning, removal of dense leaf litter, weed removal
and control, etc.),
◊ establishment of the missing floristic and structural elements,
◊ habitat creation and reinforcement for native fauna and reinforcement of habitat
linkages and corridors,
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◊ creating opportunities for regeneration from the seed bed, natural recruitment and
the establishment of wildlings,
◊ planting and mulching procedures,
◊ fertilizing procedures noting the low nutrient status of these ecosystems,
◊ watering procedures,
◊ protection from wildfire, particularly during the establishment phase,
◊ erosion and sediment control,
◊ on-going maintenance,
◊ environmental safeguards, and
◊ incorporation of the relevant requirements of all the management plans required by
this approval, particularly the Fauna Management Plan, Fire Management Plan, the
Environmental Management Plan.
49. The Ecological Restoration Plan and Specifications shall include all parts of the site designated as
‘Retained and Enhanced Vegetation’ and the Road Reserve adjacent to Banksia Ave and Noosa
Drive. This area is shown in green on the Vegetation Clearing Plan dated 23 July 2004.
50. All the relevant ecological restoration works and actions shall be undertaken by the Applicant and
completed prior to title being transferred from the owner to any of the future designated owners (eg.
Council or the owners of the various individual allotments).
Fauna Management Plan
51. A Fauna Management Plan shall be prepared to the reasonable satisfaction of the Council. The
Fauna Management Plan shall be generally in accordance with James Warren’s & Associates
Fauna Management Plan dated May 2003.
52. The Fauna Management Plan shall specify the numbers and types of forage and habitat trees
(particularly for Koalas and Glossy Black Cockatoos) to be planted in the ‘retained and enhanced’
vegetation areas shown on the Vegetation Clearing Plan dated 23 July 2004 in the site. Particular
attention shall be paid to the following areas:
52.1 The Koala habitat connection across the wetland between the Residential High Density
Development and the Residential Single Dwelling Development.
52.2 The Eucalypts robusta koala habitat and corridor particularly adjacent to Residential Single
Dwelling Development, allotments 1 to 7.
52.3 Planting of Allocasuarina littoralis (for Glossy Black Cockatoos) also appropriate hollow
developing trees throughout all areas of retained vegetation and areas to be rehabilitated.
52.4 This information shall be included in the Ecological Restoration Specifications.
53. Nesting boxes of a range of sizes shall be installed in nominated trees. The number, type, size,
location and purpose of the nesting boxes is to be specified. The manner in which these nesting
boxes are to be maintained shall be specified.
54. The Fauna Management Plan shall specify actions that shall be undertaken to protect the Wallum
Froglet population and its habitat.
55. Consideration shall be given for the facilitation of fauna movement/linkages within an across the
site when designing buildings and roads
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56. No domestic pets shall be permitted on the subject land during construction. Thereafter,
domestic pets will be allowed with all cats and dogs kept in purpose-built cat or dog runs (eg. large
caged or fenced areas).
Landscape Master Plan
57. A Landscape Master Plan shall be prepared, to the reasonable satisfaction of Council, for the areas
shown as ‘Selective Clearing’ on the Vegetation Clearing Plan dated 23 July 2004 and within any
road reserve. It shall incorporate all the relevant requirements of all management plans required by
this approval.
58. The Landscape Master Plan shall detail the planting schemes and shall detail, inter alia:
- areas of natural vegetation to be retained;
- site preparation;
- habitat enhancement for native fauna;
- weed removal and control;
- species ‘palettes’ and schedules;
- planting out procedures and horticultural requirements;
- mulching procedures;
- fertilising procedures;
- irrigation and watering procedures;
- erosion and sediment control;
- on-going maintenance;
- construction materials and details;
- environmental safeguards.
59. The Landscape Master Plan shall specifically acknowledge the aesthetic values of the site and
demonstrate that they will be maintained and enhanced. In particular special consideration needs
to be given to the integration of roads and pathways into the landscape setting. Landscaped areas
shall be integrated floristically and structurally with the surrounding native vegetation.
60. The owner shall prepare an environmental guideline for lot owners that:
60.1 Explains the intent of the Open Space Conservation & Waterway Protection area and how it
should be maintained and protected.
60.2 Provides a landscape guideline for the balance area, which includes a list of indigenous
plants for planting which will maintain the fauna habitat.
61. The Landscape Master Plan shall address, inter alia, the following issues:
61.1 Enhancement of environmental linkages and corridors.
61.2 Enhancement and establishment of fauna habitat, particularly for Koalas and Glossy Black
Cockatoos.
61.3 Visual screening of buildings and visual integration of the built environment, particularly
along Banksia Avenue.
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61.4 The protection of the 2 old eucalypt trees within the Banksia Avenue road reserve.
62. All detailed landscape plans for road reserve that is submitted for Operational Works approval shall
comply with the Landscape Master Plan.
Fire Management Plan
63. A Fire Management Plan shall be prepared for the site to the reasonable satisfaction of the Council
and shall be implemented by the owner.
64. The Fire Management Plan shall address:
64.1 Fire management and protection within the development.
64.2 Bushfire management and control in all the areas of Retained and Enhanced Vegetation.
65. The Bushfire Management component of the Fire Management Plan shall be generally in
accordance with the Bushfire Management Plan prepared by Greening Australia Queensland,
dated May 2003. It shall incorporate recommendations for fuel reduction other than by fire. Further
the Fire Management Plan will address:
65.1 More detail on the treatment of paragrass in the watercourse between the development
parts of the site.
65.2 Provision of some fire hydrants on the proposed firebreaks, if required.
65.3 Deleted.
65.4 Clearing of firebreaks having a maximum width of 5 metres.
66. The Fire Management Plan is to be implemented by the applicant and future owners of the site.
67. The Fire Management Plan shall demonstrate a high level of environmental care and responsibility
and be consistent with best practice for developments of this type in similar environments.
68. A water point (eg. garden tap) shall be provided and located where each property abuts native
bushland.
69. The Fire Management Plan for the developed areas shall address, inter alia, the following:
- setback zones from retained native vegetation;
- access between structures and vegetated areas;
- proposed building construction methods, materials and designs to reduce fire risks;
- gutter treatments to avoid the collection of leaves and other fire-prone material;
- location of fire hydrants and water points;
- access for fire fighters and emergency workers;
- fire suppression and evacuation procedures;
- landscaping measures to reduce fire risk;
- owners and operators training and responsibilities;
- implementation procedures.
70. The Fire Management Plan shall meet the provisions of the Queensland Fire and Rescue Authority
Act 1990 and shall be endorsed by the Queensland Fire & Rescue Authority.
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71. The Applicant shall provide a bushfire information kit to purchasers of allotments on the site. The
bushfire information kit shall be submitted to Council for approval as part of the Fire Management
Plan.
72. The Fire Management Plan shall incorporate all the relevant requirements of, and be consistent
with, all the other management plans required by this approval.
Environmental Management Plan
73. An Environmental Management Plan (EMP) shall be prepared and implemented to ensure that the
impact of the development on the environment is minimised and that the environmental values of
the site are protected and enhanced. The EMP is to:
73.1 Comply with AS14000.
73.2 Demonstrate a high level of environmental care and responsibility and be consistent with
best practice for developments of this type in similar environments.
73.3 Detail the applicant’s environmental policy and the proposed environmental management
system for the site.
74. The Environmental Management Plan shall specify to the reasonable satisfaction of Council: the
performance targets, including those derived from the conditions and other requirements arising
from legislation and other approvals;
- how the performance targets are to be achieved;
- when the performance targets will be satisfied;
- how performance will be monitored;
- corrective actions and contingency measures to be undertaken;
- reporting arrangements (including monthly reports to Council during construction);
- auditing arrangements;
- how the requirements are to be incorporated into construction and works contracts;
- how the developers employees, contractors and the contractor’s employees will be informed
and trained with respect to the environmental protection requirements;
- enforcement; and
- penalties for non-compliance.
75. The EMP shall apply to all works and activities on all areas of the site and adjacent road reserves
(eg. all development, jetty construction and operation, etc.).
76. In particular, but without limitation, the EMP shall address the following issues in relation to the
construction and operational phases of the development:
- legislative compliance;
- vegetation protection;
- fauna and fauna habitat protection;
- aquatic ecosystem protection;
- weed control;
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- pest control (particularly mosquitoes)
- soil erosion and sediment control;
- water quality protection;
- groundwater protection;
- air quality protection;
- acid sulphate soil management;
- storage and handling of hazardous substances;
- noise and vibration management;
- waste management;
- cultural heritage management;
- visual amenity protection;
- bushfire control;
- environmental emergencies;
- community liaison.
77. The Environmental Management Plan shall incorporate the requirement for monthly environmental
compliance monitoring and annual audit reports to be submitted to Council for the construction
stages of the development. The format and content of these reports shall be in hard copy and
digital form, generally in accordance with the following:
77.1 Include tables of the monitoring results (digital form should be in Excel).
77.2 Include individual charts plotting the results for all parameters required in the monitoring.
77.3 Include a brief written discussion of the results and recommend any necessary actions.
78. The Applicant and all future owners of the site shall comply with the EMP.
Sediment and Erosion Control Plan
79. Detailed staged Sediment and Erosion Control Plans shall be prepared for the site, to the
reasonable satisfaction of Council and implemented by the owner. The Plans shall be in
accordance with the Institution of Engineers Australia ‘Engineering Guidelines for Queensland Soil
and Sediment Control’ (June 1996) and in particular using Checklist No. 3 from that document. The
Sediment and Erosion Control Plans shall cover all development on site (during the construction,
establishment and operational phases), ecological restoration and remediation works. All
recommendations of the Plans shall be implemented.
80. The Sediment and Erosion Control Plans shall also ensure the protection of the areas of ‘Retained
and Enhanced Vegetation’ shown on the Vegetation Clearing Plan dated 23 July 2004 both on and
external to the site, and shall:
- identify existing erosion problems, and
- specify appropriate remedial actions.
81. All necessary erosion and sediment control devices shall be incorporated within the development
precincts. That is areas shown as ‘Selective Clearing’ on the Vegetation Clearing Plan dated 23
July 2004.
Stormwater and Water Quality Management Plan
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82. A Stormwater and Water Quality Management Plan for the site shall be prepared to the
reasonable satisfaction of the Manager, Land Development and implemented by the owner.
83. The Stormwater and Water Quality Management Plan shall take into account matters specified in
section 19.4 of the Environmental Protection (Water) Policy 1997.
84. Key water quality objectives to be reflected in the Stormwater and Water Quality Management Plan
are for the protection of aquatic ecosystems in the waterways, wetlands and wet heathlands of the
site, areas adjoining the site, and the receiving waters of Noosa Inlet and the Noosa River. The low
nutrient and pH environment of the wetlands and wet heathlands of the site and areas adjoining the
site are the key factors in determining appropriate performance targets. Specifically, water quality
objectives shall include the following performance targets, subject to the constraints of the
catchments external to the site:
- Total nitrogen levels – 0.34 mg/l
- Total phosphorous levels – 0.035 mg/l
- pH – 4 to 5.
85. The Stormwater and Water Quality Management Plan shall comply with and address, inter alia, the
following issues in relation to the construction, establishment and operation phases of the
development:
85.1 All necessary stormwater treatment and water quality devices associated with the
development shall be located within the approved boundaries of the RHD and RSD
development precincts.
85.2 During the construction phase, monthly water quality monitoring and monitoring after
significant rainfall events (at least two per year) shall be undertaken for:
◊ suspended solids and turbidity,
◊ temperature,
◊ salinity,
◊ total nitrogen,
◊ total phosphorous,
◊ pH,
◊ trash and gross pollutants, and
◊ dissolved oxygen.
85.3 During the establishment and operation phases, water quality monitoring shall be
undertaken every third month and monitoring after significant rainfall events (at least two per
year) shall be undertaken for:
◊ total nitrogen,
◊ total phosphorous,
◊ suspended solids and turbidity,
◊ pH,
◊ salinity,
◊ temperature,
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◊ dissolved oxygen,
◊ trash and gross pollutants,
◊ algal count and identification, and
◊ faecal coliforms.
86. The Developer shall continue this water quality monitoring for a period of 3 years from completion
of the final stage of construction.
87. In addition, the Developer shall undertake inspections for erosion and deposition, the build-up of
trash and gross pollutants, and other water pollution. These inspections will be carried out every
third month as well as after significant rainfall events, for a period of 3 years from completion of the
final stage of construction.
88. An operational phase Water Quality Management Plan shall be prepared to the reasonable
satisfaction of Council and address water quality performance targets, water treatment devices,
water quality maintenance, requirements for stormwater management measures and devices,
contingency measures for aquatic plant growth, loss of vegetation in swales and filter strips,
pollution response and algal blooms. It shall also include a mosquito management strategy. The
plan shall demonstrate compliance with the prescribed water quality objectives.
88.1 Responsibilities shall be clearly delineated.
88.2 Non-compliance with prescribed water quality standards will trigger the implementation of
measures to rectify the problem(s).
88.3 Reports on monitoring, incidents, corrective action and plan updates shall be submitted to
Council every three (3) months with Council being notified if any incident is recorded. These
reports shall include information collected during the monthly monitoring program, shall
highlight any non-standard results, and be submitted in a form acceptable to Council. The
format and content of these reports shall be in hard copy and digital form, generally in
accordance with the following:
◊ including tables of the monitoring results (digital form should be in Excel);
◊ include individual charts plotting the results for all parameters required in the monitoring
(digital form should be in Excel);
◊ include a brief written discussion of the results and recommend any necessary actions.
Water Quality Devices
89. Water quality control devices shall be installed generally in accordance with the Stormwater and
Water Quality Management Plan. Detailed staging plans and specifications, based on and
generally in accordance with the Plan shall be prepared and submitted (after consultation with
officers of the Council) with the relevant applications for operational works.
Drainage Works
90. The Developer shall complete the drainage works progressively in conjunction with development of
the site and generally in accordance with the approved Stormwater and Water Quality Management
Plan. Detailed drainage plans and specifications, based on and generally in accordance with the
approved Drainage Plan, the EMP and these Conditions, shall be prepared and submitted (after
consultation with officers of the Council) with the relevant applications for operational works.
91. All drainage works as required by the Drainage Plan shall be provided by the Developer at its own
cost.
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Acid Sulphate Soils Management Plan
92. An Acid Sulphate Soils (ASS) Management Plan shall be provided for any excavation works
undertaken in areas of the site and areas adjoining the site below 5 m AHD. The Management
Plan shall outline all proposed ASS investigation and management procedures, to be undertaken in
accordance with State Planning Policy 2/02 ‘Planning and Managing Development Involving Acid
Sulphate Soils’. The applicant shall implement the Plan.
Reconfiguring A Lot
Roadworks
93. Deleted.
94. Deleted.
95. Deleted.
96. Deleted.
97. Banksia Avenue shall be widened to a width of 8.0m kerb to kerb with the western side of the road
(fronting the development) being provided with flush kerb. This 8 metre width shall extend south
from (and include the intersection with Jan Street (in the vicinity of proposed Lot 2 & 3) to the point
where Banksia Avenue meets with the new extension road off Banksia Avenue (referred to as
Grosvenor Terrace on the proposal plans) in the vicinity of proposed Lot 15 & 33.
98. Banksia Avenue shall be closed off (at the gully near Council’s Sewerage Pump Station) so that it is
no longer a through road by providing two cul-de-sacs. This will involve providing a northern cul-
de-sac / turning facility (similar to a roundabout) at the intersection with Grant Street (which will be
utilised by traffic on the northern part of Banksia Avenue) and by providing a southern cul-de-sac on
the southern side of this (which will be utilised by traffic on the southern part of Banksia Avenue to
allow vehicles to turn around). Thereby creating an open space area between the two cul-de-sacs.
This work shall include any improvements required to Banksia Avenue in order to complete the
construction of the cul-de-sacs.
99. The property boundaries of the site shall be amended (if required) to accommodate the proposed
cul-de-sacs within the Council road reserve. To this extent the boundaries of the site shall be
setback a minimum of 4 metres from the nominal face of the kerb and the affected land dedicated
as road reserve.
100. A 3 metre wide sealed service road (driveway) shall be constructed from the northern end of the
southern Banksia Avenue cul-de-sac to Council’s Sewerage Pump Station.
101. The short section of Banksia Avenue formed between Jan Street and the new southern Banksia
Avenue cul-de-sac, shall be constructed to an Access Road Standard with a 6 metre wide
pavement kerb to kerb in accordance with Council’s Engineering Design Standards.
102. The new extension road off Banksia Avenue (referred to as Grosvenor Terrace on the proposal
plans) shall be constructed to a minimum width of 6.5 metres kerb to kerb with the pavement design
based on an Access Road standard in accordance with Council’s Engineering Design Standards.
103. Grosvenor Terrace shall be designed to levels that minimise the extent of cut/fill whilst also
minimising the grade of future driveways to individual allotments.
104. As Banksia Avenue is likely to be damaged as a result of developing the site (from a combination of
providing services across the road and heavy construction vehicles) a fresh AC overlay shall be
provided to the road when nearing the completion of the development work.
105. A detailed ‘condition survey’ and photographic record shall be prepared of the existing roads (Coral
Tree Avenue, Jan Street & Banksia Avenue) and submitted to Council for approval prior to any
construction works commencing. This information shall be accompanied by a $50,000 bond to
ensure that the roads are not damaged as a result of construction works.
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106. The proposed names of new roads (public and private) and parks shall be lodged with the
application for a Development Permit for Operational Works.
Names are to be selected from any of the following categories:-
106.1 Easily pronounced words of Murri languages.
106.2 Names or words of local significance or historical interest.
106.3 Flora, fauna, industry, topographical, geological and similar features and terms relative to
the district.
106.4 Surnames of persons of merit or historical significance. (Personal names should be
avoided.)
Approval will not be given to a name that is the same or similar to the name of another road in the
Shire, or of a road in close proximity in a neighbouring Shire. Names that are not easily
pronounced, or may cause confusion to emergency services are to be avoided.
All street signs on new roads (public and private) and parks shall be erected prior to works being
accepted on maintenance.
Roadworks Contributions
107. A roadworks contribution of $86,431 towards the Coastal Major Road Network (based on 32
additional allotments) shall be paid to the Council prior to obtaining a Development Permit for
Operational Works. This amount will be subject to variations in the Price Index, All Groups Brisbane
from June 2003 until the date of payment.
Access Driveways
108. Only one access driveway is permitted to each lot and the maximum width of this access shall be
no greater than 4.0 metres.
109. Individual owners of the proposed lots shall be required to obtain a Development Permit for
Operational Works for Driveway Access and a property note to this effect will be included on
Council’s noting system.
110. The absolute maximum grade for all access driveways is 1 in 5 (20%) and all driveways shall be
designed to transition from the frontage road to the finished level of the allotment within the 6 metre
building setback - to avoid long driveways that need to be either cut or filled in order to reach the
finished level of the allotment.
Water Supply
111. Each allotment (including parks) shall be connected to Council’s town water supply and be
constructed in accordance with Council’s standards and requirements at no cost to Council. Any
connection to a water main shall be undertaken by Council.
112. Each water connection to the water reticulation system shall extend to the property boundary and
be metered. All fees for the supply of water meters shall be paid to the Council.
113. Fire hydrants are to be provided throughout the development in accordance with Council
Engineering Design Standards and in accordance with Queensland Fire Service Standards.
114. A new 100∅ water main shall be provided by the applicant along the eastern side of Banksia
Avenue between the existing 100∅ water main located on the southern side of Grant Street (at the
intersection with Banksia Avenue) and the existing 100∅ water main that currently terminates at the
frontage of Lot 68 on RP92518 (#38 Banksia Avenue).
115. The applicant shall construct a new 150∅ water main along the eastern side of Banksia Avenue
extending in a southerly direction from the southern end of the existing 100∅ water main (located to
the frontage of Lot 7 on RP90014, i.e. #14 Banksia Avenue) to the existing 375∅ water main in
Noosa Drive.
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116. A Master Plan of the planned water supply works shall be prepared by the applicant and
submitted to Council with the application for a Development Permit for Operational Works – Water
& Sewerage.
117. The applicant shall liaise with Council’s Water & Sewerage Section in order to prepare water supply
plans and associated documentation.
118. An underground electricity service shall be provided to each lot.
In this regard, an approved ENERGEX Electrical Design Consultant shall work in conjunction with
Council’s Manager - Works Support to prepare detailed designs of the electrical proposal.
The detailed deigns shall then be submitted to ENERGEX for approval and a copy of their approval
submitted to Council in conjunction with a “Certificate of Electricity Supply for Proposed
Subdivisions” (prepared by an approved ENERGEX Electrical Design Consultant) prior to Council
endorsing the Plan of Survey.
Any agreement with ENERGEX or an approved ENERGEX Electrical Design Consultant shall be
wholly at the applicant’s expense and shall not entail a financial encumbrance on future purchasers
of the proposed lots.
Street lighting and pathway lighting throughout the subdivision shall have a high energy efficient
rating to the reasonable satisfaction of Council.
Sewerage Reticulation
119. Each allotment shall be connected to Council’s sewerage reticulation systems and be constructed
in accordance with Council’s standards and requirements at no cost to Council. Connections to
sewer system shall be carried out either by Council or by a Council approved Contractor and at no
cost to Council.
120. Designs for a sewerage system to connect all new lots within the site to Council's existing
sewerage reticulation system shall be to the standards and requirements set out in Council’s
Engineering Design Standards. If the design requires the construction of a pump station and a
rising main, the connection point to Council's existing system will be nominated by the Manager -
Land Development.
Headworks
121. Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28 and
PSP30 on Water Supply Headworks Contributions and Sewerage Headworks Contributions
respectively and at the rates applicable at the time of payment. An estimate only of the contribution
rates as of June 2003 under the current policies is as follows:
Water Supply $129,918
Sewerage $ 63,821
TOTAL $193,739
All headworks contributions must be paid prior to Council endorsing the Plan of Survey. Each
additional residential allotment shall be assessed as a dwelling house.
Electricity & Telecommunication
122. An underground electricity service shall be provided to each lot.
In this regard, an approved ENERGEX Electrical Design Consultant shall work in conjunction with
Council’s Manager - Works Support to prepare detailed designs of the electrical proposal.
The detailed deigns shall then be submitted to ENERGEX for approval and a copy of their approval
submitted to Council in conjunction with a “Certificate of Electricity Supply for Proposed
Subdivisions” (prepared by an approved ENERGEX Electrical Design Consultant) prior to Council
endorsing the Plan of Survey.
Any agreement with ENERGEX or an approved ENERGEX Electrical Design Consultant shall be
wholly at the applicant’s expense and shall not entail a financial encumbrance on future purchasers
of the proposed lots.
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Street lighting and pathway lighting throughout the subdivision shall be provided in accordance
with Council’s Engineering Design Standards, section 11.3.3 and to the satisfaction of Council.
123. The requirements for TELECOMMUNICATION services shall be satisfied in relation to any existing
services that currently traverse the site and for the provision of new telephone services to the
proposed lots. In this regard written confirmation from an approved telecommunication agency
shall be submitted to the Council prior to Council endorsing the Plan of Survey.
Services Generally
124. Detailed design drawings and calculations shall be submitted with an application for a Development
Permit for Operation Works in respect of water, sewer and stormwater works. To avoid conflict with
other underground pipes or services, all existing and proposed services required by the
development shall be shown on the plans.
125. Conduits and kerb markers shall be installed for all necessary service crossings of roads to
Council's satisfaction. An "As Constructed" plan showing the locations of the conduits shall be
submitted to Council prior to acceptance of the works "On Maintenance".
126. Deleted.
127. Deleted.
128. Any alteration of a public utility or other facility necessitated by the development of the land or
associated construction works either internal or external to the site shall be at no cost to Council.
Service Easements
129. Registered easements shall be provided on the Plan of Survey over all Council services within
private property, such as water mains, sewerage reticulation pipes and stormwater drainage pipes.
130. Water main easements shall generally be parallel to and centred over the water main and be
equivalent in width to twice the depth to invert level of the main at the deepest point within the
allotment (measured from the finished surface) and be no less than 3.0 metres wide.
131. Sewer easements shall generally be parallel to and centred over the sewer main and be equivalent
in width to twice the depth to invert level of the main at the deepest point within the allotment
(measured from the finished surface) and be no less than 3.0 metres wide.
132. An easement over a stormwater drainage pipe shall be sufficient in width to provide a minimum of
1.5 metres either side of the designed drainage structure and shall have a minimum overall width of
4.0 metres.
133. Prior to Council endorsement of the Plan of Survey, a duly executed copy of any required Grant of
Easement shall be submitted to Council for perusal.
Any changes required by Council’s Solicitor shall be attended to prior to endorsing the Plan of
Survey.
Any necessary Titles Office forms requiring the consent of Council is to be submitted prior to the
endorsing of the Plan of Survey.
134. Prior to the endorsement of the Plan of Survey, the Applicant's Solicitor shall give Council's Solicitor
an appropriate undertaking in writing that in conjunction with lodgement of the Plan of Survey at the
Land Titles Office, the Title Deed and the easement documents will also be lodged and any
additional Titles Office forms or requisitions requiring the consent of Council being attended to
forthwith.
Pedestrian Paths / Bike Paths
135. A 2.0 metre wide meandering concrete path shall be constructed along the eastern side of Banksia
Avenue. This path shall commence from Grant Street and continue to the south along the eastern
side of Banksia Avenue, past Jan Street and down to the existing path that currently runs between
the southern end of Banksia Avenue and Noosa Drive.
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136. A 1.5 metre wide meandering path shall be constructed along the southern and eastern sides of
the new extension to Banksia Avenue (referred to as Grosvenor Terrace) and shall extend to the
narrow strip of road reserve proposed between Lots 23 & 24.
137. In choosing the alignment of these paths care shall be taken to protect any significant vegetation or
any underground services.
138. Pram ramps shall be installed at intersections (and wherever else required) in accordance with
Council’s Standard Drawing 9006.
139. All paths and pram ramps shall be designed and constructed to ensure pedestrian safety using
non-slip materials and to produce an evenly graded surface finish.
140. A Development Permit for Operational Works shall be obtained prior to the commencement of any
works.
141. Where footpaths are located in cut or where site conditions indicate the presence of groundwater in
proximity of the natural ground level, subsoil drains shall be constructed between the back of path
and the property boundary.
142. Prior to works being taken “On Maintenance”, the remainder of the footpath areas shall be topsoiled
and established with couch free of weeds, where consistent with the Landscape Master Plan.
143. The Applicant is advised, that to avoid damage being caused to these paths during the construction
phase Council may consider accepting an Uncompleted Works Bond equal to 150% of the cost of
providing the paths likely in the opinion of Council to be subject to damage from the further
development of the site, in order to enable the Plan of Survey to be endorsed by the Council.
144. Deleted.
Contributions to External Major Pathways
145. A pathway contribution of $7,514.56 towards external major pathways, in accordance with Planning
Scheme Policy PSP41 Coastal Major Pathway Contributions, shall be paid to the Council prior to
obtaining a Development Permit for Operational Works. This amount will be subject to variations in
the Price Index, All Groups Brisbane from June 2003 until the date of payment.
Earthworks
146. Prior to excavating any material to be used for fill on this site or areas adjoining the site, a
Development Permit for Operational Works shall have been obtained for the site or areas adjoining
the site from which the excavated material is taken. A soil report shall be submitted with the
application certifying that the material is free of acid sulphate soils and other deleterious materials.
147. Fill shall be compacted to 95% relative dry density as per Main Roads Department Test No. Q8A.
A registered practicing Geotechnical Engineer shall supervise the placement of all fill and shall
certify that all lots/roads have been compacted to the required standard. To this extent Level 1
supervision in accordance with AS3798-1996 is recommended.
Any existing fill on the site or areas adjoining the site that does not comply with Council’s
requirements shall be removed at the direction of the Manager - Land Development prior to
additional filling works commencing.
148. The transportation of all materials to and from the site or areas adjoining the site shall be
undertaken in a manner such that no particulate matter escapes onto a public road. All vehicles
carrying materials either to or from the site shall be covered to prevent materials including dust
being windblown from the vehicle.
149. Following completion of the filling works and prior to endorsement of the Plan of Survey, the
registered practicing Geotechnical Engineer supervising the works shall submit compaction tests
across the entire filled areas and a site classification report for each lot subject to filling. The extent
of fill and each lot site classification shall be shown on a metes and bounds survey plan.
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An appropriate property notation shall be placed on Council's rates records to advise prospective
purchasers of lots that have been filled that special foundations requirements will apply.
Construction Issues
150. A Traffic Management Plan addressing all construction phases is to be prepared by a suitably
qualified traffic engineer and submitted to Council for approval prior to any works commencing on
site.
The report should aim to address every foreseeable problem that is likely to occur during the
construction process and include recommendation on how these can be overcome or minimised.
Further, the report will address the public consultation to be undertaken in order to inform residents
in the immediate vicinity likely in the opinion of Council to be affected by the works. The report shall
be to the reasonable satisfaction of the Manager Land Development.
151. A Construction Management Plan addressing all construction phases shall be prepared and
submitted to Council for approval prior to any works commencing on site.
Engineering Issues
152. A suitably qualified Registered Professional Engineer, specialising in hydraulics shall prepare
engineering drawings and specifications for stormwater designs and shall be submitted in
conjunction with an application for a Development Permit for Operational Works.
153. All designs for engineering works involving the construction of pavements, kerb and channel,
vehicular access, footpaths, turnouts, stormwater drainage, water supply or sewerage reticulation
shall be prepared in accordance with the requirements of Council's Engineering Design Standards,
shall reference where applicable to Council’s Standard Drawings and shall incorporate best
engineering practice.
154. A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
specifications for all engineering works, which shall be submitted in conjunction with an application
for a Development Permit for Operational Works.
155. Prior to Council endorsing the Plan of Survey, a certificate from a registered Professional Civil
Engineer shall be submitted to Council for each Development Permit for Operational Works issued
pursuant to this permit. The engineer shall certify that he has supervised those works and that they
have been completed in a workman like manner in accordance with good engineering practice and
in accordance with that permit.
156. As Constructed drawings certified by a registered surveyor showing the extent and finished levels
of all works are to be submitted for Council's records.
These drawings must fully detail levels for all engineering works including water supply and sewer
reticulation, drainage structures, building floor levels, finished ground levels effluent trenches and
pavement surface levels. Drawings shall be on transparencies, a hard copy highlighting any
changes from design and in electronic format on an IBM PC compatible floppy disk in a format
capable of integration with Council’s computer system.
Approval of works shall not be granted until as constructed drawings have been supplied and
accepted by Council.
Survey
157. Where existing road boundaries are less than 9 metres from existing or proposed road centrelines,
or less than 3 metres from the toe or top of batters of existing or proposed roads, the lot layout shall
be amended to provide sufficient land in road reserves to achieve these clearances.
Where existing fences are within existing or proposed road reserves, they shall be removed and re-
erected on the correct alignment. Any building or other structure erected within a road reserve shall
be removed.
Prior to endorsement of the Plan of Survey, the Applicant shall submit to Council a certification of
compliance from a registered Surveyor.
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158. Prior to endorsement of the Plan of Survey, a State Survey Mark shall be provided within the site.
It shall be levelled and located to the requirements of Council’s Surveying Section. A ‘Form 6’ shall
be submitted for Council's records.
Each State or other Permanent Survey Mark shall be installed clear of overhead vegetation, making
it suitable for Global Positioning Equipment, and accurately connected to at least one real property
corner by a registered Surveyor.
General
159. Alterations to lot sizes, number of lots and layout may be required following the issue of a
Development Permit for Operational Works in respect of the internal roadworks design.
160. In conjunction with the lodgement of the Plan of Survey for Council endorsement, legal
documentation shall be presented to Council and shall be submitted in the correct form with the
fees prescribed in Council's adopted fee schedule.
161. Pursuant to Section 3.7.3(3)(b) of the Integrated Planning Act, all outstanding rates and charges
due and payable to Noosa Council in respect of the lots being reconfigured shall be paid prior to
endorsement of the Plan of Survey.
162. A programme of works is to be submitted with any application for any Development Permit for
Operational Works detailing the construction schedule and proposed environmental protection
measures.
Where the program is changed for any reason whatsoever, a copy of the revised program shall be
submitted to Council’s Works Inspector within seven (7) days.
163. The person acting on this permit shall apply and obtain for all other necessary permits including
crane permits, road opening permits, hoarding permits, footpath occupation permits and/or any
other approvals required under any other Act.
Additional Condition
164. For the purpose of these conditions the “site” is the areas identified as lots 1-33, the areas shown
as Park on the Vegetation Clearing Plan dated 23 July 2004 and the area shown as Park-Public
Esplanade on the Vegetation Clearing Plan dated 23 July 2004.
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Appeal Rights
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
The following is an extract from the Integrated (6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for
submitters for the application are not available against
Division 8 - Appeals to court relating to the part of the approval that represents the
development applications concurrence agency’s response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application 4.1.29.(1) An advice agency may, within the limits of
may appeal to the court against any of the following- its jurisdiction, appeal to the court about the giving of
(a) the refusal, or the refusal in part, of a development a development approval for a development
application; application if-
(b) a matter stated in a development approval, (a) the development application involves impact
including any condition applying to the assessment; and
development, and the identification of a code (b) the advice agency told the applicant and the
under section 3.1.6;1 assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for; (2) The appeal must be started within 20 business
(d) the length of a currency period; days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
(e) a deemed refusal. submitter.
(2) An appeal under subsection (1)(a) to (d) must Appeals for matters arising after approval given
be started within 20 business days (the “applicant’s (co-respondents)
appeal period”) after the day the decision notice or
negotiated decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
development application, a person to whom any of the
(3) An appeal under subsection (1)(e) may be following notices have been given may appeal to the
started at any time after the last day a decision on the court against the decision in the notice-
matter should have been made.
(a) a notice giving a decision on a request for
Appeals by submitters extension of the currency period for an approval;
4.1.28.(1) A submitter for a development application (b) a notice giving a decision on a request to make a
may appeal to the court about- minor change to an approval.
(a) the giving of a development approval, including (2) The appeal must be started within 20 business
any conditions (or lack of conditions) or other days after the day the notice of the decision is given
provisions of the approval; or to the person.
(b) the length of a currency period for the approval. (3) Subsection (1)(a) does not apply if the
approval resulted from a development application
(2) The appeal must be started within 20 business
(superseded planning scheme) that was assessed as
days (the “submitters appeal period”) after the day
if it were an application under a superseded planning
the decision notice or negotiated decision notice is
scheme.
given to the submitter.
(4) Also, a person who has made a request
(3) If a person withdraws a submission before the
mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the
against a deemed refusal of the request.
decision.
(5) An appeal under subsection (4) may be started
(4) If an application involves both impact
at any time after the last day the decision on the
assessment and code assessment, appeal rights for
matter should have been made.
submitters are available only for the part of the
application involving impact assessment. Division 9 - Appeals to court about other matters
(5) If an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the (no co-respondents)
application are available only for the aspects of the
development that would have required public 4.1.31.(1) A person to whom any of the following
notification under the repealed Act. notices have been given may appeal to the court
against the decision in the notice-
1 Section 3.1.6 (Preliminary approval may override local planning (a) a notice giving a decision on a request to change
instrument) or cancel a condition of a development approval.
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(b) a notice under section 6.1.442 giving a decision to
change or cancel a condition of a development
approval.
(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
mentioned in subsection (1)(a) 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.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises or
the erection of a building or other structure permitted
by the planning scheme may appeal to the court
against the decision or the conditions applied.
(2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.
2 Section 6.1.44 (Conditions may be changed or cancelled by
assessment manager or concurrence agency in certain
circumstances)
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