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MCU210117 & OPW210199 - Reps to Council's Conditions · MCU21/0117

Attached to the e-mail MCU21/0117 & OPW21/0199 - Change Representations - 5 Pearl Street and 54 Elm Street, Cooroy.

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17th Friday 2021

Our Ref: 002291
Council’s Ref: MCU21/0117 & OPW21/0199

Noosa Shire Council
The Chief Executive Officer
9 Pelican Street
Tewantin QLD 4565
Via email: [email protected]


ATTENTION: Wilhelm Koschade


Change Representations - Proposed Combined Applications for a Development Permit for a
Material Change of Use and Operational Works Permit to Establish Multiple Dwellings (11 x Units)

5 Pearl Street and 54 Elm Street, Cooroy 4563 QLD
Lot 2 on RP153798 and Lot 2 on RP64750


Dear Wilhelm,

In relation to the abovementioned Decision Notice (MCU21/0117 & OPW21/0199) issued by Noosa Council on
10th November 2021, on behalf of 4CD DEVELOPMENTS PTY LTD we hereby provide the following Change
Representations to the Conditions listed within the Decision Notice in accordance with s.75 of the Planning
Act 2016.

Our representations relate to Conditions 2, 29, 35, 98, 102, 103, and 104.


Condition 2

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
 A.001                B       Site Plan, prepared by Zest Design                       12/08/2021
 A.003                B       Development Summary, prepared by Zest Design             12/08/2021
 A.004                A       Site Sections, prepared by Zest Design                   1/11/2021
 PA.100               A       Level 1 Floor Plan, prepared by Zest Design              12/07/2021
 PA.101               A       Site Plan, prepared by Zest Design                       12/07/2021
 PA.200               A       Elevations, prepared by Zest Design                      12/07/2021

RG Strategic                                                         PO Box 1818    07 5474 3873
                                                                     Noosa Heads    [email protected]
                                                                     QLD 4567       rgstrategic.com.au
Full text of the other 7 pages

Page 2

 PA.201            A       Elevations, prepared by Zest Design                     12/07/2021
 PB.100            A       Level 1 Plan, prepared by Zest Design                   12/07/2021
 PB.101            A       Level 2 Plan, prepared by Zest Design                   12/07/2021
 PB.200            A       Elevations, prepared by Zest Design                     12/07/2021
 PB.201            A       Elevations, prepared by Zest Design                     12/07/2021
 PC.100            A       Level 1 Plan, prepared by Zest Design                   12/07/2021
 PC.101            A       Level 2 Plan, prepared by Zest Design                   12/07/2021
 PC.200            A       Elevations, prepared by Zest Design                     12/07/2021
 PC.201            A       Elevations, prepared by Zest Design                     12/07/2021
 L.000             B       Landscape Plan, prepared by Zest Design                 12/08/2021
 L.001             A       Landscape Details, prepared by Zest Design              12/08/2021


Representations to Condition 2

A Landscape Plan prepared by Zest Building Design was lodged to Council as part of the applicant’s
response to Council’s Information Request. Refer to Attachment 1 Landscape Plan which illustrates the
proposed landscaping for the development. This plan is proposed to be included in the list of approved
plans.


Proposed Amendment to Condition 2

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
 A.001             B       Site Plan, prepared by Zest Design                      12/08/2021
 A.003             B       Development Summary, prepared by Zest Design            12/08/2021
 A.004             A       Site Sections, prepared by Zest Design                  1/11/2021
 PA.100            A       Level 1 Floor Plan, prepared by Zest Design             12/07/2021
 PA.101            A       Site Plan, prepared by Zest Design                      12/07/2021
 PA.200            A       Elevations, prepared by Zest Design                     12/07/2021
 PA.201            A       Elevations, prepared by Zest Design                     12/07/2021
 PB.100            A       Level 1 Plan, prepared by Zest Design                   12/07/2021
 PB.101            A       Level 2 Plan, prepared by Zest Design                   12/07/2021
 PB.200            A       Elevations, prepared by Zest Design                     12/07/2021
 PB.201            A       Elevations, prepared by Zest Design                     12/07/2021
 PC.100            A       Level 1 Plan, prepared by Zest Design                   12/07/2021
 PC.101            A       Level 2 Plan, prepared by Zest Design                   12/07/2021
 PC.200            A       Elevations, prepared by Zest Design                     12/07/2021


                                                                 PO Box 1818    07 5474 3873
                                                                 Noosa Heads    [email protected]
                                                                 QLD 4567       rgstrategic.com.au

Page 3

 PC.201                A        Elevations, prepared by Zest Design                      12/07/2021
 L.000                 B        Landscape Plan, prepared by Zest Design                  12/08/2021
 L.001                 A        Landscape Details, prepared by Zest Design               12/08/2021




Condition 29

The development site must be landscaped. The works must be undertaken in accordance Noosa Plan PSP 2
– Landscaping and generally in accordance with the approved Landscaping Plans and in particular:

         a. A dense 2m minimum landscaped setback to the full length of the site’s frontage to Pearl Street
         (excluding access).

         b. A dense 2m minimum landscaped setback to the full length of the site’s frontage to Elm Street.

         c. A dense 1m minimum landscaped setback to all side boundaries (excluding bin enclosure area for
         U5-U11).

         d. Retention of all existing street trees.


Representations to Condition 29

A Landscape Plan prepared by Zest Building Design was lodged to Council as part of the applicant’s
response to Council’s Information Request. Refer to Attachment 1 Landscape Plan which illustrates the
proposed landscaping for the development.

    a. A dense 2m minimum landscaped setback to the full length of the site’s frontage to Pearl Street
         (excluding access).

The proposed landscaping to the frontage of Pearl Street consists of:

    •    25 x Stachys Byzantia, known as Lamb’s Ear, and

    •    5 x Callitris Columellaris known as Cooloola Cypress Pine.

In addition to the proposed plantings above, 3 x street trees will be planted along the street frontage
(including the retention of 1 x existing street tree).

    d. Retention of all existing street trees.

Two (2) existing street trees are required to be removed in order to create safe vehicular access to the
development. Where possible, the existing street trees have been retained. These include the existing
Cooroy Maple tree to the eastern side of the Pearl Street boundary, and the large existing Poinciana
located along the Elm Street boundary.

Two additional street trees are proposed along Pearl Street. These include one (1) 300 litre Buckinghamia
Celisissima and one (1) 300 lite Harpullia Pendula. These street trees are to replace the two (2) trees which
will be removed.


                                                                      PO Box 1818     07 5474 3873
                                                                      Noosa Heads     [email protected]
                                                                      QLD 4567        rgstrategic.com.au

Page 4

Two (2) 300 lite Harpullia Pendula trees will be plated along the Elm Street boundary.


Proposed Amendment to Condition 29

The development site must be landscaped. The works must be undertaken in accordance Noosa Plan PSP 2
– Landscaping and generally in accordance with the approved Landscaping Plans and in particular:

        a. Landscaping along the site’s frontage to Pearl Street must be in accordance with the approved
        Landscape Plan.

        b. Landscaping along the site’s frontage to Elm Street must be in accordance with the approved
        Landscape Plan.

        c. A dense 1m minimum landscaped setback to all side boundaries (excluding bin enclosure area for
        U5-U11).

        d. Retention and planting of street trees must be in accordance with the approved Landscape Plan.




Condition 35

The site must be provided with a stormwater drainage system connecting to a lawful point of discharge
and be in accordance with the Queensland Urban Drainage Manual (QUDM). The works must include in
particular:

        a. The works generally as shown on the Approved Plan No. 2101-C30 Issue D as prepared by Recor
              Consulting,

        b. collection and discharge of stormwater to the trunk drainage network in Pearl Street.,

        c. extension of the site stormwater system to accommodate stormwater from Lot 1 RP153798
              external to the site, including registration of drainage easements over the site drainage system in
              favour of Lot 1 RP153798.,

        d. cut off drains within the courtyards of Unit 1 and Unit 2 to intercept runoff from Lot 1 RP153798 and
              direct such flows to the stormwater pits located in these courtyards.,

        e. the use of gravity stormwater drainage and not surcharge pits.


Representations to Condition 35

It is unreasonable for the applicant to accommodate the stormwater shed from Lot 1 RP153798 which is
external to the site. Lot 1 RP153798 has the capacity to redirect the stormwater generated on site to a legal
point of discharge.

Two (2) field inlet pits are located at the rear of Units 1 and 2 and will direct stormwater from the site to a
legal point of discharge. The proposed 225mm Fibre Reinforced Concrete drainage pipe of is of sufficient

                                                                      PO Box 1818        07 5474 3873
                                                                      Noosa Heads        [email protected]
                                                                      QLD 4567           rgstrategic.com.au

Page 5

size to adequately redirect the stormwater generated from the proposed development. Additionally, the
proposed stormwater infrastructure has sufficient capacity to redirect the stormwater from Lot 1 RP153798 if
required.

As such, it is an unreasonable requirement for the subject site to be encumbered by a drainage easement in
addition to the proposed stormwater infrastructure. The proposed stormwater design has the capacity to
intercept and redirect runoff from the adjacent Lot 1 RP153798, and thus an easement is not required.


Proposed Amendment to Condition 35

The site must be provided with a stormwater drainage system connecting to a lawful point of discharge
and be in accordance with the Queensland Urban Drainage Manual (QUDM). The works must include in
particular:

        a. The works generally as shown on the Approved Plan No. 2101-C30 Issue D as prepared by Recor
              Consulting,

        b. collection and discharge of stormwater to the trunk drainage network in Pearl Street.,

        c. extension of the site stormwater system to accommodate stormwater from Lot 1 RP153798
              external to the site,

        d. cut off drains within the courtyards of Unit 1 and Unit 2 to intercept runoff from Lot 1 RP153798 and
              direct such flows to the stormwater pits located in these courtyards.,

        e. the use of gravity stormwater drainage and not surcharge pits.




Condition 98

The development site must be landscaped. The works must be undertaken in accordance Noosa Plan PSP 2
– Landscaping and generally in accordance with the approved Landscaping Plans and in particular:

a. A dense 2m minimum landscaped setback to the full length of the site’s frontage to Pearl Street
(excluding access).

b. A dense 2m minimum landscaped setback to the full length of the site’s frontage to Elm Street.

c. A dense 1m minimum landscaped setback to all side boundaries (excluding bin enclosure area for U5-U11).

d. Retention of all existing street trees.


Representations to Condition 98

Condition 98 is a duplication of Condition 29 and therefore not relevant. The applicant proposes that
Condition 98 is deleted.



                                                                      PO Box 1818       07 5474 3873
                                                                      Noosa Heads       [email protected]
                                                                      QLD 4567          rgstrategic.com.au

Page 6

Proposed Amendment to Condition 98

Delete Condition 98.




Condition 102

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
commencement of use.


Representations to Condition 102

Condition 102 is a duplication of Condition 88 and therefore is not relevant. The application proposed that
Condition 102 is deleted.


Proposed Amendment to Condition 102

Delete Condition 102.




Condition 103

Where the bioretention filter media interfaces with stormwater pits and retaining walls nonwoven geotextile
shall be fixed to the pit / retaining wall and extend 300mm out into the filter media generally in accordance
with IPWEAQ Standard Drawing No. DS-070 to prevent tunnelling of water along the interface.


Representations to Condition 103

Condition 103 is a duplication of Condition 89 and therefore is not relevant. The application proposed that
Condition 103 is deleted.


Proposed Amendment to Condition 103

Delete Condition 103.

                                                                   PO Box 1818       07 5474 3873
                                                                   Noosa Heads       [email protected]
                                                                   QLD 4567          rgstrategic.com.au

Page 7

Condition 104

Prior to issuing of a final compliance certificate, Council must receive evidence that the results for the in-situ
hydraulic conductivity testing conducted in accordance with FAWB PRACTICE NOTE 1: In Situ Measurement
of Hydraulic Conductivity Belinda Hatt, Sebastien Le Coustumer April 2008 for the bioretention filter media
achieve the design criteria.


Representations to Condition 104

Condition 104 is a duplication of Condition 90 and therefore is not relevant. The application proposed that
Condition 104 is deleted.


Proposed Amendment to Condition 104

Delete Condition 104.



Thank you for your consideration of the above Change Representations to the Conditions 2, 29, 35, 98, 102,
103, and 104. within Decision Notice MCU21/0117 & OPW21/0199 issued to the applicant on 10th November
2021.

Should you require any additional information or have any queries please to not hesitate to contact us.




Kind Regards,




Russell Green APIA MQELA
Managing Director
RG Strategic




                                                                      PO Box 1818        07 5474 3873
                                                                      Noosa Heads        [email protected]
                                                                      QLD 4567           rgstrategic.com.au

Page 8

STRATEGIC SOLUTIONS,
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