Delegated Report - Code - Planning MCU21 0228

Author	Georgina Schramm
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0228 & OPW21/0364
Applicant	Altum Property Group C/- JFP Urban Consultants Pty Ltd
Proposal	Material Change of Use - Multiple dwelling, Office Operational Works – Roadwork, Drainage Work, Landscaping, Stormwater, Earthworks
Properly Made Date	11 January 2022
Information Request Date	25 January 2022
Information Response Date	14 February 2022
Decision Due Date	29 March 2022
Report Completed Date	29 March 2022
Report Reviewed By	Patrick Murphy

PROPERTY DETAILS
Property Address	245 David Low Way Peregian Beach Qld 4573
RP Description	Lot 22 P 9315
Land Area	582m²
Existing Use of Land	Dwelling House (Google Street View shows that it has been advertised as Short Term Accommodation)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium density residential zone
Precinct	Not Applicable
Local Plan Area	Coastal Communities
Overlays	Acid Sulfate Soils Overlay (5 metres AHD or Below (Area 1))
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Multiple dwellings (3 units) and Office, and Operational Works (Roadwork, Drainage Work, Landscaping, Stormwater, Earthworks).
The mixed use format development involves the construction of a two storey building, the ground floor is for the purpose of an Office occupying an area of 80 square metres, and the upper floor is for the purpose of three (3) units which are typically 70 square metres each.
The proposed car parking area is located at the rear of the site, with one covered space per unit, and the Office space having four (4) spaces allocated, a visitor space is located within the front setback.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Flood Plans prepared by Blackburn Jackson

Figure 3 – Elevations prepared by Blackburn Jackson

Figure 4 – Section prepared by Blackburn Jackson

Figure 5 - Section prepared by Blackburn Jackson
Figure 6 – Landscape Area Plans prepared by Blackburn Jackson

Figure 7 – Site Cover and Height prepared by Blackburn JacksonFigure 8 – Materials and Finishes prepared by Blackburn Jackson
Figure 9 – Perspectives prepared by Blackburn Jackson

Figure 10 – Landscape Notes and Schedules prepared by Blackburn Jackson

Figure 11 – Landscape Planting Plans prepared by Blackburn Jackson

site details
Background
The pre-lodgement meeting was held on 7 September 2021, PLM21/0050. The original proposal involved the northern parcel of land to allow for greater manoeuvring and ease of vehicle circulation, consent was not able to be obtained from the adjoining landholders and therefore resulted in all vehicle manoeuvring to be wholly contained on the site.
Key matters raised in the meeting included (excerpts from Meeting Notes):
The proposed setback encroachment (depending on balcony height) to the northern boundary does not raise particular concern on the proviso that there would be no visual or privacy impact (location of adjacent driveway).
The development must comply with minimum side boundary clearances to the southern side boundary noting the adjoining residential use and visual amenity/privacy considerations.
A good landscaped outcome would be required along the David Low Way frontage to ensure the development presents positively to the streetscape and is appropriately screened.
For purposes of design, the development would need to incorporate materials and finishes that complement the surrounding area and integrate with the surrounding natural and built environment. A variety of external finishes to provide an interesting built form would also be required.
Any future application must include proposed frontage works (e.g. realignment of footpath; landscaping; road verge reinstatement, etc.)
Site Description
Currently the premises is occupied by a single storey dwelling with associated outbuildings at the rear of the site. Lot 22 P9315 is 581 square metres in size with a frontage of 18 metres and land falls to the west.
There is well established vegetation within the road reserve of the premises set back from the footpath.
At the rear of the site there is a sewer line running parallel to the property boundary, with a manhole and service point in the south-western corner of the lot.
Surrounding Land Uses
The subject site is located north of the Peregian Beach Local Centre. The development site directly adjoins:
the Innovation Zone to the north is predominately occupied by medical services;
land located to the west is in the Community Facilities Zone, used for the purpose of a digital hub; and
land to the south is zoned residential and occupied by multiple dwelling units.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Medium Density Residential Zone Code;
Coastal Communities Local Plan Code;
Dual Occupancy and Multiple Dwelling Code;
Business Activities Code;
Works Code; and
Acid Sulfate Soils Overlay.
The subject site is located in Peregian Beach and is zoned Medium Density Residential. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Building height storeys metres	2 storeys max 8 metres	2 storeys 8.055 metres	X
Site cover	45% max	43.4%	
Plot ratio	0.5:1 max.	294m²	
Boundary setbacks Frontage Side (north – lower) Side (north - upper) Side (south – lower) Side (south – upper) Rear	6 metres min 1.5 metres min 2.0 metres min 1.5 metres min 2.5 metres min 6 metres min	5.1 metres 1.5 metres 1.5 metres 4.34 metres 2.29 metres 5.11 metres	X X X X
Length of wall	15 metres max	13 metres	
Landscaped open space Soft landscaping	35m² min 60% min of total	36 m² 76m²	
Private Open Space	9m² min by 2.5 metres	< 9m²	
Carparking	3 covered min 4 uncovered min	3 covered 5 uncovered	
Bicycle Spaces	2 bicycle spaces	2 bicycle spaces (per condition)	
Ratio units : shops	20:1 max	3:1	
Coastal Communities Local Plan
The subject site has a large portion of existing vegetation within the road reserve, contributing to a vegetated gateway into Peregian Beach. The applicant is proposing to clear the vegetation within the road reserve to allow for easy construction.
A site specific survey plan of the species on the site which are intended to be retained or removed has not been provided. Removal of all species within the road reserve is not in accordance with the Local Plan Code. The Local Plan refers to existing vegetation within the road reserve being protected and development retaining and enhancing existing mature trees, contributing to a vegetated backdrop and streetscape.
Conditions will be imposed to ensure that where mature trees are to be removed, reasonable grounds must be given by a qualified person. Should removal be considered reasonable and necessary, substitute species are to be incorporated and offset within the road reserve. The development will be conditioned to comply with the Code.
Medium Density Residential Zone Code

AO6.4 Waste storage areas are screened and located to the rear or side of a building and are not located along any frontage to a public street or space.

PO6 Visitor accommodation is limited to formats compatible with the character and use of the area so as not to cause unreasonable loss of residential amenity, having regard to:
the privacy of residents on the subject property or adjoining properties;
any likely increase in noise to adjoining properties;
the scale of the use and its compatibility with the character and uses within the property or surrounding area;
retention of the primary residential function of an area;
the residential function and arrangement of common property;
the impact on the safety and efficiency of the local road network;
the impact of waste storage areas on the visual amenity of the area;
the location of waste storage areas in relation to sensitive land uses; and
any impact on shared vehicular access or parking.

The waste storage area is setback 2.2 metres from the front boundary of the premises and is located along the southern boundary. The storage area is screened by a solid fence from the roadside and panel screening within the premises.

The proposed location of the bins will allow for a landscaped setback from the streetside which will soften the appearance of the solid wall and greater screen the storage area. The area immediate to the bin location on the adjoining premises is a driveway which will assist in providing separation with the adjoining residential premises. Whilst, the bins are not located at either the side or rear of the building the proposed location does not compromise the visual amenity of the development and can achieve compliance with the Performance Outcome.

AO8.1 Buildings and structures are no more than 8 metres in building height; and
AO8.2  Where excavation is required, the maximum portion of the exposed external façade of the building cannot exceed 8m in building height.

PO8 Buildings and structures:
are low rise and present a building height consistent with structures on adjoining and surrounding premises;
are designed to provide an interesting streetscape and complement landform changes and landscapes
do not visually dominate the street or surrounding area;
maintain a vegetated skyline;
do not unreasonably obscure views or lead to overshadowing of neighbouring properties;
do not exceed two storeys

The proposed development will exceed 8 metres in building height from natural ground level by 0.055 of a metre and when measured from finished ground the building is 8.31 metres high, not in compliance with the Acceptable Outcomes.

The upper floor of the proposed development is for three (3) Multiple Dwellings. Unit 1 presents itself to the street with a skillion roof, which exceeds 8 metres by 50mm. Cut and fill is proposed across the site to assist with onsite stormwater management which will result in the exposed façade of Unit 1 exceeding 8 metres in height along the southern and eastern building elevations of Unit 1.

Although exceeding the maximum height, the encroachment will not unreasonably impact the amenity or create an appearance of excessive bulk to the streetscape. The location of the height encroachment is along the southern façade of Unit 1 which will not overlook areas of private open space on the adjoining residential premises and will allow for a separation distance of approximately of 7 metres between the two buildings.

The building does not exceed 2 storeys, nor unreasonably obscure views or lead to overshadowing of the adjoining premises. The proposal will be conditioned to ensure that a vegetated skyline will be maintained and complement the development. In considering the location of the development, varying land uses and character of the area as reflected by the different zonings, the mixed use format of the development complies with the Performance Outcome.

AO12.1 Buildings and structures meet the following minimum boundary setbacks:
for frontages — 6 metres
for side boundaries—
1.5 metres setback up to 4.5 metres height;
2 metres setback between 4.5 metres and 7.5 metres height; and
2.5 metres where above 7.5 metres height
for the rear boundary - 6 metres

PO12 Buildings and structures are designed and sited to:
provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual and acoustic privacy;
not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises;
provide adequate distance from adjoining land uses;
preserve existing vegetation that will help buffer development;
allow for space and landscaping to be provided between buildings including adequate area at ground level for landscaping with trees, shrubs, outdoor living and utilities;
be consistent with the predominant character of the surrounding area; and
protect the natural character and avoid adverse impacts on ecologically important areas such as national parks, waterways and wetlands.
The proposed development is not in accordance with the required boundary setbacks.
The front boundary setback is 5.1 metres, Unit 1 has screen feature built into  the front façade of the building which is set forward 0.9 metre from the main wall. The distance between the screen and the main wall is not considered necessary to uphold the amenity and privacy of the unit, and therefore does not warrant an encroachment of near a metre into the front setback. The timber screen is considered to serve the same purpose should the distance be reduced to 350mm and subsequently reduce the dominance and encroachment within the landscaped setback. A condition will be imposed for the front setback to be no less than 5.45 metres.

The building setback of the upper floor along the northern boundary is 1.5 metres where 2 metres is required by the AO. The adjoining premises to the north is a commercial premises and will not result in overlooking onto private open space, the balcony is sited where overlooking of the carpark area may occur, contributing to casual surveillance of the site.

The building setback along the southern boundary varies, the outermost point of projection is the roof above the balcony of Unit 3 which is setback 2.29 metres from the southern boundary. A condition will be imposed for screening along the upper-level balcony is to be provided to obscure direct views onto the adjoining property.

Alike the front setback, the proposed rear setback is 5.1 metres with a vertical screen feature projecting 900mm from the main building line. Although the encroachment of 0.9 of a metre is not considered warranted for screening, the encroachment having been located at the rear of the site and will not raise concerns of overlooking, the rear setback is considered acceptable.

Through conditioning and consideration of adjoining premises and respective land uses the building setbacks achieve compliance with the Performance Outcome.
AO17.4 The area of land between the front fence and the boundary is landscaped to screen the fence from the street however landscaping does not encroach more than 500 millimeters into the road reserve or within 1.5 metres of a sealed footpath.
PO17 Front fences and walls are designed and sited to:
contribute to the attractiveness of the streetscape;
be compatible with the existing streetscape character;
avoid interference with movement of surface stormwater;
allow for casual surveillance of the street;
provide planting in front of solid fences and walls; and
ensure plantings between the front fence and the footpath does not create an impediment for pedestrians using the footpath.
There is existing vegetation within the road reserve of the subject site and consistently along David Low Way (Peregian Beach section) which contributes to the character of Peregian Beach. As a result of the proposed driveway and footpath crossovers the existing vegetation in the road reserve will be removed. It is unclear as to what extent of vegetation is sought to be retained within the front setback, conditions will be imposed for a revised landscaping plan to identify the existing established species which are to be retained.
Dual Occupancy and Multiple Dwelling Code
AO9 One in three multiple dwelling units:
is accessible by a safe, continuous and step free path of travel from the street entrance of the property or from a car parking space;
has a step-free entrance door with opening width of at least 820 millimetres; and
contains a bathroom on the entry level.
PO9 Multiple dwellings can be accommodated and visited by a wide cross section of the community including people with limited mobility.
The development involves three (3) Multiple Dwelling units located on the upper floor of the building. Each unit has a single point of access which is via a respective staircase. The residential component of the development has not been designed in consideration of the above outcome, the development does not comply with the Performance Outcome.
The location of the units is nearby the local town centre and the availability of a wide range of community facilities and recreational options which are all accessible from the subject site by footpath. The current proposal does not have consideration to those whom are mobile impaired should they wish to visit or reside in one of the residential units.
It is therefore recommended that a Preliminary Approval be issued with conditions that require one of the three units to be accessible by those who have limited mobility. This cannot be a condition of the development permit as the requirement may have subsequent impacts on the development, such as changes to site cover and, or gross floor area calculations.

Business Activities Code
AO6 Ground floor spaces have a minimum ceiling height of 3.5 metres to allow flexibility of use (for example; adaptation for shop, restaurant or office uses).
PO6 Ground floor spaces and ceiling heights are flexible to cater for a range of business activities.
The subject site is located along David Low Way in the Medium Density Residential Zone and is identified in the scheme as a mixed use site where including Offices and/or Health Care Services are to be provided in conjunction with residential units.
The proposed floor to ceiling height is 2.9 metres high, for the purpose of an Office, the ceiling height is adequate for the development. The zoning of the site does not lend itself to use as a Shop or Food and Drink Outlet as the development is in conjunction with a residential use. The proposed reduced ceiling height is suitable for the mixed use site.
Infiltration Structure
The applicant has addressed the majority of the engineering issues raised in the information request. The outstanding item is the connection to the existing infiltration structure located in the adjoining property. The adjoining property is owned by Council but there is no record of the system or the subject site’s connection available. It is noted that the proposal includes an on-site infiltration system and the soil type is favourable for on-site infiltration. It is considered feasible that the connection to the adjoining property be removed and if necessary, the onsite system be modified. Relevant conditions have been included.
Driveways and Parking
The applicant has proposed to provide three (3) spacings dedicated for use by the occupiers of the small dwellings, four (4) spacings for use associated with the Office and a visitor carpark.
The site’s frontage is fully formed and it is considered that no additional works are required. It is noted that the applicant proposes to realign the existing path with a new 1.8m wide path. It is considered that at this location the path should be 2.0m wide to be consistent with the other paths in the area. Relevant conditions have been included.
Waste Management
The proposed layout of the site does not allow for a service vehicle to access the waste storage areas and manoeuvre onsite to allow for the vehicle to leave the site in a forward motion. Following liaison with the Waste Department kerbside collection is considered suitable for the development.
cONSULTATION
Referral Agencies
The application has been referred to the following Referral Agency:
Department of Infrastructure, Local Government and Planning (SARA)

The Department is a referral agency in accordance with Schedule 10, Part 4, Division 3, Table 1, Item 1 (10.4.3.1.1) – Contaminated land (unexploded ordnance)

The Department has responded advising that the development is approved subject to conditions.
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Coordinator Engineering – Mark Lewis
Senior Environmental Officer – Amanda Turner
Waste Collection and Litter Compliance Officer - Gary Dolton

Conditions as recommended.
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to MCU21/0228 for a Material Change of Use - Multiple dwelling, Office and OPW21/0364 for Roadwork, Drainage Work, Landscaping, Stormwater, Earthworks situated at 245 David Low Way Peregian Beach Qld 4573 and described as Lot 22 P 9315, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0228 and OPW21/0364
Street address:	245 David Low Way Peregian Beach Qld 4573
Real property description:	Lot 22 P 9315
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Preliminary Approval for Material Change of Use - Multiple dwelling, Office
Preliminary Approval for Operational Works - Roadwork, Drainage Work, Landscaping, Stormwater, Earthworks
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
When Conditions must be Complied With
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 1622-DA02 to DA09 prepared by Blackburn and Jackson, dated 11 February 2022, and 1622_L01_01_03 and 1662_L03_01_03 prepared by Blackburn and Jackson, dated 11 February 2022. These plans must be amended in accordance with these conditions.
Amended plans and associated reports must be submitted to Council prior to any further development applications being made and must include the following to the reasonable satisfaction of the Manager, Development Assessment:
One of the three (3) Multiple Dwelling units is to be:
accessible by a safe, continuous and step free path of travel from the street entrance of the property or from a car parking space;
has a step-free entrance door with opening width of at least 820 millimetres; and
contains a bathroom on the entry level.
The depth of the vertical screen along the front façade of Unit 1 is to be reduced to 350mm; the outermost projection of Unit 1 is not to exceed 5.45 metres from the front property boundary.
Nature and Extent of Approved Use
The approved Multiple Dwelling is comprised of three (3) small dwellings, and Office, in accordance with the administrative definitions under Noosa Plan 2020.
The plot ratio of the development must not exceed 0.5:1, in accordance with the administrative definition under Noosa Plan 2020.
Currency Period
This development approval lapses if the use has not happened by 29 March 2028, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 8 metres above the natural ground level, except where shown on Plan 1622-DA07, dated 11 February 2022.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building/s do not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site (for MCUs).
Nature and Extent of Approved Use
Non-residential uses on the premises must not operate outside the hours of 7am to 9pm, seven days a week, including public holidays.
The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must not exceed a maximum height of 1.8m.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Waste storage areas are to be screened from the roadside and internal areas within the subject site.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Protection of Privacy
The upper level balcony located on the southern building face of Unit 3 must include either balcony planter boxes, balustrading or fixed external screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property.
Landscaping Works
The development site must be landscaped in accordance with PSP3 – Landscaping Plants and Guidelines and generally in accordance with the approved plans.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth. All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
All mature trees within the road reserve must be retained in accordance with the approved landscape plan unless prior written authorisation from Council is gained for removal.
The existing vegetation between the proposed fence along the road boundary of Lot 22 P9315 and the kerbside must be assessed by a qualified person* and retained, and protected where possible.
Where mature trees are to be removed, reasonable grounds must be given by the qualified person*, and substituted with additional Baeckea virgata or Banksia integrifolia with a minimum pot size of 100L or greater.
A minimum of one (1) street tree with a minimum pot size of 100L is to be provided along the frontage of the lot, setback at least 1 metre from the kerb in the road reserve verge, and are of a species that do not impact on services.
A revised Landscaping Plan relative to plan numbered, 1622_L01-01_03 & 1622_L03-01_03, and findings specific to Conditions 24 and 25 are to be provided for approval. The revised plan is clearly identify the vegetation within the front boundary setback and road reserve which are to be retained and supplementary plantings.
External Works
David Low Way must be upgraded for the length of its frontage to the subject site.  The works must include in particular:
construction of a pedestrian footpath in accordance with the conditions of this Decision Notice
removal of the existing property access and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed
Condition 28 (a) is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk infrastructure identified by Council’s LGIP to service the development.
Site Access and Driveways
A sealed access driveway must be provided from David Low Way to all parking and manoeuvring areas of the development. The works must include in particular:
a driveway crossover in accordance with Council’s Standard Drawing RS-051
suitable safety measures, including warning signage, to improve driver awareness of pedestrians and enhance pedestrian safety.
Car Parking
A minimum of eight (8) car parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business. The works must include in particular:
The small dwellings component of the development is to have available three (3) parking spaces, which are clearly marked for that purpose and accessible at all times for visitor use
The office is to have available four (4) parking spaces, which are clearly marked for that purpose.
One (1) parking space is to be available for visitors of the site.
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development.  The works must include in particular a 2.0 metre wide footpath within the road verge for the entire length of the site’s frontage to David Low Way.
Condition 33 is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk infrastructure identified by Council’s LGIP to service the development.
A minimum of two (2) bicycle spaces are to be provided and dedicated for use by those associated with the Office.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken generally in accordance with the “Site Based Stormwater Management Plan” – Reference number 188-002-001, Revision A prepared by BAX Engineering dated 3 February 2022 and must include:
the deletion of the connection from the proposed infiltration pit to the existing infiltration pit in the adjoining property, and
any modifications to the proposed infiltration pit necessary due to the deletion of the abovementioned connection
The amended plans must be submitted to Council at least 5 business days prior to the pre-start meeting.
Condition 35 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All earthworks and associated retaining structures/batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Operational Works
APPROVED PLANS
When Conditions must be Complied With
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 188-002-002-B, 188-002-100, 188-002-200-201, 188-002-300 (as annotated by Council), 188-002-301-302 & 188-002-40 prepared by Bax Engineering, dated 7 February 2022. These plans must be amended in accordance with these conditions.
Amended plans and associated reports must be submitted to Council prior to any further development applications being made and must include the following to the reasonable satisfaction of the Manager, Development Assessment:
A revised Landscaping Plan relative to plan numbered, 1622_L01-01_03 & 1622_L03-01_03, is to be provided for approval detailing:
The existing vegetation between the proposed fence along the road boundary of Lot 22 P9315 and the kerbside must be assessed by a qualified person* and retained, and protected where possible.
Where mature trees are to be removed, reasonable grounds must be given by the qualified person*, and substituted with additional Baeckea virgata or Banksia integrifolia with a minimum pot size of 100L or greater.
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 29 March 2028, unless an application to extend the currency period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
All necessary approvals from external service providers (eg Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
A condition report including photographs of the frontage of the site must be completed and submitted to council at the prestart meeting / prior to any works commencing.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Landscape works;
Erosion and sediment control works;
Other relevant parties
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
Engineering
The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site
Pavement Design and Construction
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve/Reinstatement
Safe vehicle and pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
All frontage works must match neatly with existing road and verge/footpath features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Electrical conduits or other services proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Pathways
All pathways must be constructed in accordance with the following requirements:
All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065.
Provision must be made for disabled access at all kerb crossings associated with pathways, in accordance with Council's current standards.
All paths must have a slip resistant surface
Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth ride for cyclists
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
Pathways must:
terminate in a manner that ensures smooth transition to existing surfaces for public safety
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
The driveway crossover must be constructed generally in accordance with Council’s Standard Drawing RS-051 and any associated addendum.
Any existing unnecessary or redundant property accesses must be removed, and the kerb, footpath and verge area reinstated to match the existing footpath and/or verge treatments. Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed or turf, and must be maintained by the developer until established.
The following must be complied with during the construction of the required crossover/driveway:
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete.
The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties
Underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway
Where there is an existing pedestrian path, a matching crossfall must be provided for the driveway on the alignment of the path, for the full width of the path
The property access must be located a minimum of 1m clear of existing power poles, streetlights or other signage. The developer is responsible for any necessary relocation of existing services to provide this clearance and must contact the relevant service authorities and comply with their requirements in relation to these works.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (eg by blocking or interfering with natural overland flows).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection Regulation 2019) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination. These measures must be designed, implemented and maintained in accordance with “Best Practice Erosion and Sediment Control” published by the International Erosion Control Association (Australasian Chapter) (IECA, 2008), to the extent that such measures and practices are also consistent with the following:
Minimise Erosion
For areas of the site which drain to a sediment basin, implement drainage and erosion control measures prior to rainfall which prevent or minimise rill erosion and gully erosion
For areas of the site which do not drain to a sediment basin, implement drainage and erosion control measures prior to rainfall (including contingency measures) which prevent or minimise erosion, including rain drop erosion, chemical erosion, rill erosion and gully erosion
Prior to the final inspection for 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. 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.
Manage concentrated stormwater flows
Prior to each rainfall event ensure concentrated stormwater flow paths are provided with capacity in accordance with IECA (2008) Table 4.3.1 and are structurally stable in all rainfall events for the following sources:
(a)		From stormwater catchments upslope of the area of disturbance which are either stable or external to the site, ensure stormwater is diverted or managed either:
around the site or through the site without causing erosion and without contaminating the flow; or
if it is impractical to convey the flows around or through the site, convey the flows into appropriately sized sediment basins without causing erosion
(b)	From all disturbed areas of the site to sediment basin(s) without causing erosion
Minimise sediment released from the site
Install and maintain additional sediment control measures within the site, as necessary to maximise sediment capture.
Minimise the tracking of material from the site onto roadways. Ensure that all material on roadways caused by vehicles leaving the site is removed without causing water contamination, prior to rainfall and at least at the end of each work day.
Sediment and erosion control measures must be in place prior to works commencing. If such measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such fines can be issued if sediments from the site are found to enter or have the potential to enter Council’s stormwater system, natural waterways, any downstream stormwater filtration system or adversely impacting on other properties. The sediment and erosion control design and measures have NOT been approved, it is the site's Supervising Engineer who is responsible for ensuring that the sediment and erosion control measures have:
Been duly designed by an RPEQ or CPESC and constructed in accordance with "best practise" methods,
Been revised by an RPEQ or CPESC to address the issues raised by changes in the projected construction schedule and/or methods,
Been revised to address predicted rainfall events, and
Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be found inefficient.
Drainage paths must be regularly inspected to ensure the sediment fences/measures are not being bypassed as a result of sediment build up. Sediment laden runoff must be prevented from leaving the subject site and entering neighbouring properties and/or stormwater systems.
Soil exposure must be limited on the site to a distance of no more than 2m beyond the extent of earthworks shown on the approved plans except where the exposed soil is effectively stabilised without delay and prior to rainfall occurring.
A log book for the Erosion and Sediment Control measures and inspections must be maintained by the site manager and made readily available to Council when requested. The supervising engineer must verify and endorsed the E&SC measures upon their installation, and periodically check these measures and the log book during construction and the stabilisation stages. Any defects in erosion and sediment control devices, such as sediment fences, are to be inspected and documented. Upon Inspection, the contractor is to determine whether the device should be replaced or repaired. Documentation is to include how the damage was caused and what measures can be implemented to reduce the possibility of repeat occurrences. Any damage to either permanent or temporary water quality control structures or devices is to be immediately rectified at the contractor’s expense.
The effectiveness of the erosion and sediment control devices must be monitored. All ESC measures are to be inspected:
at least daily (when work is occurring on site) or weekly (when work is not occurring on site); or
within 24 hours of expected rain; or
within 18 hours of a rainfall event (i.e. an event of sufficient intensity and duration to mobilise sediment on site).
Landscape
Landscape works must be undertaken in accordance with this Decision Notice.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth. All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
FOLLOWING CONSTRUCTION / PRIOR TO THE COMMENCMENT OF THE USE
Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
Bonds
Bonds must:
meet the requirements of council’s relevant Planning Scheme Policy for performance and uncompleted works.
be calculated using a schedule of works and relevant bond equation
have approval of the bond calculations and amount from Council prior to lodgement
be requested for release by writing to Council, when relevant approval requirements have been met.
As Constructed Plans and ADAC XML Files (Council)
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 shall include:
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;
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.
The “As-Constructed” drawings will require certification by a:
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;
Licensed Surveyor in regard to the cadastral and locational information, levels and applicable survey datum.
The data must be in accordance with Council’s “Planning Scheme Policy 6 – Engineering Design Standards”, 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.
On Maintenance
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to the commencement of the use. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
certification that all works have been undertaken and completed in accordance with the requirements of this Permit
as Constructed details in accordance with Council’s Planning Scheme Policy
maintenance and operational manuals for all proprietary or site specific devices
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection.
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
a Council inspection reveals works do not comply with approval requirements
submitted certification falsely states works comply with approval requirements.
A final inspection and approval of the new works and any completed reinstatement works by Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the inspection.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at http://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9702 or email:[email protected] )	Schedule 10, Part 4, Division 3, Table 1, Item 1 (10.4.3.1.1) - Contaminated land (unexploded ordnance) (Planning Regulation 2017)	The agency provided its response on 20 January 2022 (Reference No. 2201-26787 SRA). A copy of the response is attached

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
General Advisory Notes
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Planning Act 2016 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Preparation of a Preliminary Construction Management Plan
A Construction Management Plan must be submitted to Council at least 5 business days prior to the pre-start meeting. The plan must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues.
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details.
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill/dump sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
If Council officers are required to undertake additional inspections of the same works, a reinspection fee will be applicable in accordance with Council’s Fees and Charges register applicable at the time.
A minimum maintenance period of 12 months will apply to all municipal works and thereafter until such time as the works are performing in accordance with the approved design unless noted otherwise
Environmental Advisory Notes
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
Accepted best practice standards include International Erosion Control Association Australasia Best Practice Erosion and Sediment Control
Qualified Person, for the purpose of erosion and sediment control is a Certified Professional in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional Engineer of Queensland (RPEQ).
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the final inspection:
Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual; and
Stormwater runoff from the site is not currently, and is not likely to result in visible evidence of sedimentation or erosion, or lead to water contamination.
Landscaping
For the purpose of preparing a Landscape Plan, a qualified person is considered to be a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
Public amenity trees are defined as any tree located within public streets, parks or areas that will become publically owned as a result of this development.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
Resubmission of Amended Plans Required
The conditions of this Decision Notice require resubmission of plan/s to Council with amendments. Please address the amended plan/s to Council’s Development Assessment Branch with the Reference No. MCU21/0228 and OPW21/0364.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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