Council archive · source document
Minor Change Existing Approval OPW19 0266 03 · OPW19/0266.03
Officer: Will Lowe
Direct Telephone: 07 53296129
Our Reference: OPW19/0266.03
Your Reference: 23022
31 October 2023
Adams + Sparkes Town Planning
C/- Adams + Sparkes Town Planning
PO Box 1000
BUDDINA QLD 4575
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 17 October 2023, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: OPW19/0266.03
Street address: 215 David Low Way Peregian Beach Qld 4573
Real property description: Lot 1 SP 286680
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 13 October 2020
• Development Permit for Operational Works - Earthworks, Landscaping, Stormwater
In relation to the request to make a minor change to the existing approval, Council on
27 October 2023, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend conditions 1.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
APPROVED PLANS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
18164/C01 C Bulk Earthworks Layout Plan 22/11/2019
Prepared by Morgan Consulting Engineers
18164/C02 B Bulk Earthworks Layout Plan – Sheet 1 17/09/2019
Prepared by Morgan Consulting Engineers
18164/C03 C Bulk Earthworks Layout Plan – Sheet 2 22/11/2019
Prepared by Morgan Consulting Engineers
18164/C04 B Bulk Earthworks Sections 17/09/2019
Prepared by Morgan Consulting Engineers
18164/C10 H Siteworks and Drainage Layout Plan 20/6/2022
Prepared by Morgan Consulting Engineers
18164/C11 H Siteworks and Drainage Plan – Sheet 1 20/6/2022
Prepared by Morgan Consulting Engineers
18164/C12 I Siteworks and Drainage Plan – Sheet 2 20/6/2022
Prepared by Morgan Consulting Engineers
18164/C13 D Siteworks and Drainage Details 12/03/2020
Prepared by Morgan Consulting Engineers
18164/C14 F Bio-Retention Basin Details 20/6/2022
Prepared by Morgan Consulting Engineers
18164/C15 G Detention Tank Details – Sheet 1 20/6/2022
Prepared by Morgan Consulting Engineers
18164/C16 G Detention Tank Details – Sheet 2 20/6/2022
Prepared by Morgan Consulting Engineers
18164/C21 F Stormwater Longitudinal Sections 20/6/2022
Prepared by Morgan Consulting Engineers
18164/C24 C Stormwater Drainage Manhole Details 20/6/2022
Prepared by Morgan Consulting Engineers
18164/C50 C Retaining Wall Plan – Sheet 1 17/09/2019
Prepared by Morgan Consulting Engineers
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18164/C51 D Retaining Wall Plan – Sheet 2 22/11/2019
Prepared by Morgan Consulting Engineers
18164/C52 B Retaining Wall Details 17/09/2019
Prepared by Morgan Consulting Engineers
WD-A-100 8 Site Plan – Ground Floor Detail April 2019
Prepared by Red Door Architecture
SK-B-001 2 Ground Floor Plan 2019
Prepared by Red Door Architecture
WD-B-740 1 Entry Gates Details 2019
Prepared by Red Door Architecture
0 O Cover Sheet 12/10/2023
Prepared Andrew Gold Landscape Architect
1 O Landscape Work Notes 12/10/2023
Prepared by Andrew Gold Landscape Architect
2a O Planting Schedule 12/10/2023
Prepared by Andrew Gold Landscape Architect
2b O Planting Images 12/10/2023
Prepared by Andrew Gold Landscape Architect
2C O Planting Images 12/10/2023
Prepared by Andrew Gold Landscape Architect
3 O Overall Landscape Plan 12/10/2023
Prepared by Andrew Gold Landscape Architect
4 O As-constructed Fences Plan 12/10/2023
Prepared by Andrew Gold Landscape Architect
5 O Existing Trees Plan 12/10/2023
Prepared by Andrew Gold Landscape Architect
6 O Surface Finishes Plan 1 12/10/2023
Prepared by Andrew Gold Landscape Architect
7 O Surface Finishes Plan 2 12/10/2023
Prepared by Andrew Gold Landscape Architect
8 O Surface Finishes Plan 3 12/10/2023
Prepared by Andrew Gold Landscape Architect
9 O Surface Finishes Plan 4 12/10/2023
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Prepared by Andrew Gold Landscape Architect
10 O Surface Finishes Plan 5 12/10/2023
Prepared by Andrew Gold Landscape Architect
11 O Planting Plan 1 12/10/2023
Prepared by Andrew Gold Landscape Architect
12 O Planting Plan 2 12/10/2023
Prepared by Andrew Gold Landscape Architect
13 O Planting Plan 3 12/10/2023
Prepared by Andrew Gold Landscape Architect
14 O Planting Plan 4 12/10/2023
Prepared by Andrew Gold Landscape Architect
15 O Planting Plan 5 12/10/2023
Prepared by Andrew Gold Landscape Architect
16 O Details 12/10/2023
Prepared by Andrew Gold Landscape Architect
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 13 October 2022, unless an application to extend the currency period
is approved by Council.
SITE SPECIFIC CONDITIONS
3. Prior to any clearing of the 18 non-juvenile koala habitat trees within mapped Low Value
Bushland habitat, as identified in the Fauna Management Plan, the significant residual impact
of the clearing must be offset. To this end, a notice of election in accordance with Section 18
of the Queensland Environmental Offsets Act 2014 must be endorsed by Council.
4. The building works of the development are proposed to be staged (Stage 1 – Motel; Stage 2
– Dwellings units). Prior to commencing the use of the Motel and construction of Stage 2
buildings, a comprehensive and updated Traffic Management plan must be provided to
council.
The TMP must be in accordance with Manual of Uniform Traffic Control Devices (MUTCD)
detailing all temporary signage and traffic control measures, including but not limited to, the
interface between construction related traffic (Stage 2 buildings) and motel related traffic
(operational).
PRIOR TO COMMENCEMENT OF WORKS
Engineering
5. All necessary approvals from external service providers (e.g. Unitywater) and external parties
on which the development works are proposed have been obtained and a copy supplied to
Council.
6. A condition report including photographs of the frontage of the site must be completed and
submitted to council prior to the prestart meeting.
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7. A detailed condition report of the existing retaining wall (Peregian Beach Hotel – on the
eastern boundary of the proposed development) must be provided to council prior to the
prestart meeting. This report must include, but not be limited to: photographs; and a
document, prepared by a RPEQ, outlining the findings of the wall’s visual assessment.
8. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
9. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart. The contact number to arrange a pre-start meeting is 5329 6245. The
pre-start meeting must include the relevant parties for the following aspects of the works:
a. Civil engineering works;
b. Landscape works;
c. Electrical reticulation works;
d. Erosion and sediment control works;
e. Other relevant parties.
10. A Construction Management Plan must be submitted to Council prior to the pre-start meeting
and must specifically address the following:
a. Traffic Management during all aspects of the construct phase including:
i. A Traffic Management Control Plan in accordance with Manual of Uniform Traffic
Control Devices (MUTCD) detailing all temporary signage and traffic control
measures prior to construction;
ii. Maintenance of safe pedestrian access across the frontage of the site both during
daily construction and after daily construction has ceased;
iii. Proposed fencing to the site during the construction phase of the development;
iv. Adequate parking arrangements for construction workers;
v. No queuing of trucks is permitted on residential streets, especially prior to
7.00am. Further parked trucks must have engines turned off.
b. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures.
c. Works programme identifying key components of the works and their respective
durations.
d. Establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic and services and other relevant issues.
e. identification of complaint management procedures including:
i. contact details for the on-site manager;
ii. dispute resolution procedures.
f. For haulage operations involving significant volumes of fill material or excavated
material being transported onto or off the site: details on the location of external fill
sites/sources, the haulage route, type of vehicle to be utilised during filling operations
and frequency of usage. NB any damage to the existing road system as a result of
haulage operations must be fully repaired at the applicant’s expense.
11. 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.
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12. 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.
Environment
13. Lot 900SP286680 (western park area) must:
a. Be protected with a 1.8m high temporary safety fence.
b. Have the fence installed prior to the prestart meeting and maintained for the entire
period of construction.
c. Have ‘Exclusion Zone’ (‘No Go’) signage fixed to the fence at 10m centres.
d. Have no construction material, equipment or personnel entering the park except to
undertake approved civil works.
e. Be protected from any damage.
*(Refer to Advisory Note)
14. Vegetation in Rufous Lane must:
a. Be protected with a 1.8m high temporary safety fence.
b. Have the fence installed prior to the prestart meeting and maintained for the entire
period of construction.
c. Have ‘Exclusion Zone’ (‘No Go’) signage fixed to the fence at 10m centres.
d. Have no construction material, equipment or personnel entering the park except to
undertake approved civil works.
e. Be protected from any damage.
DURING CONSTRUCTION
Engineering
15. 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.
16. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice;
b. The relevant conditions of the higher order Material Change of Use and
Reconfiguration of Lot approval viz. MCU16/0153 & REC16/0041 to which this
approval relates;
c. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines;
d. The latest version of the Healthy Waterways document “Water Sensitive Urban Design
Technical Design Guidelines for South East Queensland” for all water quality devices
to be constructed on site.
Roadworks
17. All pavement widening or construction of new pavement must join neatly to the existing
pavement so that there are no irregularities in line or level resulting at or adjacent to the join
for the length of the construction. Where necessary the existing pavement must be brought
to a satisfactory standard to allow for the above.
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18. The installation and/or modification of any traffic signs, street signs, line marking and Raised
Reflective Pavement Markings (RRPMs) must be in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD). New or relocated signage must be installed using the VLok
installation system. All new signage must be Class 1 retroreflective material in accordance
with AS 1906.1, Retroreflective materials and devices for road traffic control purposes – Part
1: Retroreflective sheeting.
19. The developer must notify Council’s Traffic Engineer for any works involving the removal or
modification of existing council traffic signs and/or parking bays prior to such works
commencing.
20. Root barriers are required to be installed behind the back of kerb for all new kerbs within 5m
of a trunk of a tree.
Pavement Design and Construction
21. 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
22. Safe pedestrian access on all streets in the vicinity of the development must be maintained
at all times. Should footpath/road closures be necessary to carry out construction works,
Council’s Engineering Officer must be notified prior to the proposed closure and all
requirements complied with.
23. 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.
24. 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
25. All pathways must be constructed in accordance with the following requirements:
a. All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065;
b. Provision must be made for disabled access at all kerb crossings associated with
pathways, in accordance with Council's current standards;
c. All paths must have a slip resistant surface;
d. Expansion and contraction joints must provide a flush finish. Installation of joints by
saw cutting is preferred to ensure a smooth ride for cyclists;
e. The required work includes any modifications to ensure the footpath finishes flush with
all existing service covers and the like, or alternatively these services are raised or
altered, so as not to create a pedestrian safety hazard.
26. Pathways must:
a. terminate in a manner that ensures smooth transition to existing surfaces for public
safety;
b. be designed and constructed to comply with the Disability Discrimination Act (DDA),
Access to Premises Standard, Austroads and relevant sections of AS1428 Design for
access and mobility.
Site Access and Driveways
27. Driveway crossovers must be constructed generally in accordance with council’s Standard
Drawings RS-049 and RS-050 and respective addendums.
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28. 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.
29. The following must be complied with during the construction of the required
crossover/driveway:
a. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete;
b. The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties;
c. 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;
d. The property access must be located a minimum of 1m clear of existing power poles,
streetlights or other signage. The developer is responsible for any necessary relocation
of existing services to provide this clearance and must contact the relevant service
authorities and comply with their requirements in relation to these works.
Earthworks and Retaining Walls
30. All earthworks must be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development, with geotechnical testing
undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as
defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and
uniformity of fill must be provided by a RPEQ and submitted to Council prior to Council
signing the Plan of Survey.
31. All earthworks must be undertaken in accordance with the recommendations of report 20014-
001-Rev0, titled “Acid Sulfate Soil & Groundwater Management Plan”, prepared by Tectonic
Geotechnical & Environmental Engineers and dated 17 February 2020.
32. Fall protection must be provided to retaining walls that are over 1m high.
33. Slope and batters are a maximum grade of:
a. 1 in 6 where in proximity to waterbodies;
b. 1 in 4 for grassed areas;
c. 1 in 3 for planted areas;
d. 1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
34. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
35. Works associated with this permit must not adversely impact on the existing drainage
conditions on other properties (e.g. by blocking or interfering with natural overland flows).
36. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
Stormwater Harvesting
37. Operating stormwater harvesting tanks must be provided for the development. The tanks
must be provided in accordance with an approval for Building Works and must include in
particular:
a. a total tank capacity of 3kL per residential unit and 200kL for the hotel;
b. provision of a pump and irrigation system for each tank to enable stormwater reuse for
irrigation purposes of landscape areas.
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Bioretention Basins – Construction
38. The 150mm diameter collector pipe and riser sections of the sub-soil drains of the
bioretention device are to be provided as solid-walled pipes and not slotted. The Sub-soil
pipes may be laid on zero grade for a saturated zone system. The drainage layer is to be
increased to a minimum depth of 350mm.
39. 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.
40. A construction hold point with a council delegate shall be established once the bioretention
device underdrainage pipe work is installed. At the time of inspection, a sample of the
drainage layer, transition layer, and filtration media materials must be stockpiled on-site.
Laboratory results must be provided for the filter media which demonstrate that the media
complies with the specifications contained in the latest version of the “Guidelines for Soil
Filter Media in Bioretention Systems” (produced by the Facility for Advancing Water
Biofiltration) and that the minimum hydraulic conductivity specified on the approved
engineering plans will be achieved. In addition laboratory results must be provided
demonstrating that the transition layer and drainage layer meet the following bridging criteria:
a. D15 (drainage layer) ≤ 5 × D85 (transition layer);
b. D15 (transition layer) ≤ 5 × D85 (filter media).
The drainage layer, transition layer, and filtration media materials shall not be installed until
the catchment draining to the bioretention device has 70% groundcover as determined by
Council’s delegate.
Bioretention Basins – Maintenance
41. The bioretention device must be maintained in accordance with the document titled ‘Bio-
Retention Operational Management and Maintenance Guideline’ provided as Appendix E of
the ‘Site Based Stormwater Management Plan’ prepared by Morgan Consulting Engineers
dated 12th March 2020. The approved Operational Works drawings for the stormwater quality
treatment system and detailed life cycle costing of the system must be attached as an
addendum to this document. Records of all maintenance activities undertaken must be kept
and made available to Council upon request.
42. Any proposed Community Management Statement required for the development must
include the document titled ‘Bio-Retention Operational Management and Maintenance
Guideline’ provided as Appendix E of the ‘Site Based Stormwater Management Plan’
prepared by Morgan Consulting Engineers dated 12th March 2020 and must include the full
cost of maintaining the system in accordance with this document. The cost of maintaining
the system must be included in the proposed levies for each unit owner.
Environment
43. Prescribed Water Contaminants (as defined in Schedule 9 of Environmental Protection
Regulation 2008) 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:
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(a) Minimise Erosion
(i) 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;
(ii) 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;
(iii) Prior to the sealing of the plan of survey 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.
(b) Manage concentrated stormwater flows
(i) 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:
(i) around the site or through the site without causing erosion and without
contaminating the flow; or
(ii) 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
(c) Minimise sediment released from the site
(i) Install and maintain sediment basins for each disturbed catchment area of the
site and including undisturbed catchments which cannot be diverted, such that:
(a) Each basin is sized and operated in accordance with either a Type-A or Type-B
sediment basin as documented in IECA (2008) Appendix B (June 2018).
(b) Each basin is to be provided with an automated system of flocculant dosing and
a suitable supply of flocculant/coagulant, with the type of flocculant/coagulant
determined based on Chemical Coagulants and Flocculants Fact Sheet (IECA,
2018).
(c) Markers are provided within each basin indicating the maximum sediment
storage level and any additional water storage capacity for water reuse.
(d) During discharge from the primary outlet system, the concentration of total
suspended solids (“TSS”) discharged does not exceed 50mg/L and that pH is
within the range of 6.5-8.5 unless entering a naturally acidic environment.
(ii) Install and maintain additional sediment control measures within the site, as
necessary to maximise sediment capture.
(iii) Minimise the tracking of dirt from the site onto roadways. Ensure that all dirt 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.
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44. 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:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods,
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods,
c. Been revised to address predicted rainfall events, and
d. Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be
found inefficient.
45. Earthworks and the implementation of erosion and sediment controls are undertaken in ways
which ensure flooding characteristics (including stormwater quantity characteristics) external
to the development site are not worsened during construction for all events up to and
including the 1% AEP (1 in 100 year ARI) event.
46. 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.
47. 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.
48. 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).
Fauna Management
49. A qualified person* must be engaged to manage fauna prior and during clearing to:
a. Ensure works are carried out in accordance with the approved Fauna Management
Plan and the Nature Conservation Act 1992.
b. Undertake pre-clearing inspections including fauna relocation and removal or blocking
of all vacant hollows.
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c. Ensure clearing works avoids nesting times of animals and birds.
d. Provide a written report to Council with the request for the prestart meeting of all pre-
clearing activities and initiatives.
e. Co-ordinate staging and sequence of clearing with fauna protection.
f. Protect and recover fauna during clearing operations (fauna not previously removed).
g. Manage the translocation of animals and recovery procedures in accordance with
relevant legislation.
h. Undertake protection works for mulching of any stockpiled vegetation.
i. Provide certification to Council prior to the issue of building approval, the works were
conducted in accordance with the approved Fauna Management Plan.
*(Refer to Advisory Note)
Removal of Existing Trees and Vegetation
50. Vegetation removal, felling and lopping must:
a. Retain old growth tree hollows and suitably relocate and distribute for nesting fauna.
b. Mulch all other wood and leaf material (without root balls, soil or debris and minimising
weed seeds) for re-usable mulch.
c. Have mulch for re-use in landscape or rehabilitation stockpiled and aged for a minimum
of three months.
d. Have mulch stockpiles no larger than 1000m3, 2.5m in height and with 10m separation
between piles*.
e. Allow for existing endemic ground flora to be translocated to suitable landscaping and
rehabilitation areas.
f. Conclude with the area being stabilised against erosion, landscaped, rehabilitated and
revegetated.
*(Refer to Advisory Note)
Landscaping Works
51. Landscape works must be supervised, undertaken and certified by qualified persons*. All
works must be completed in accordance with this Decision Notice, prior to the
commencement of use for each stage.
(* Refer to Advisory Note)
52. 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.
53. Landscape works must:
a. Ensure compliance with the approved Landscape Plans, as amended by Council.
b. Ensure native trees of a minimum bag size of 100L are established to replace existing
trees to be removed from the site, at the rate of 1 replacement tree for every tree
removed that has a diameter greater than 200mm measured at 1.2 metres from ground
surface level.
c. Ensure amenity or sales signage and ancillary infrastructure is not installed within the
road reserve.
d. Ensure permanent irrigation is not installed within the road reserve.
e. Ensure works are in accordance with the approved bushfire report.
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f. Any fencing has muted natural tones to blend with the natural environment.
g. Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of
foreign matter including anthropogenic waste, rock, soil/sediment contamination and is
applied to all planting areas to ensure a minimum 100mm depth once settled.
h. Turfed areas must be must be free of pest, diseases and weeds and level with adjoining
surfaces.
i. Ensure all biobasin batters are adequately stabilised and densely planted.
Bushfire Management
54. A qualified person* must be engaged for the duration of the works to ensure:
a. Works are carried out in accordance with the referenced Bushfire Management
PlanA3-FINAL 280319 Report, where required by these conditions.
b. Bushfire Management PlanA3-FINAL 280319 must be certified and endorsed by
Council as meeting the requirements of the higher order approval by a suitably qualified
person*, prior to the issue of building approval.
c. Emergency Response Plan -Essence of Peregian Beach Hotel must be certified and
endorsed by Council as meeting the requirements of the higher order approval by a
suitably qualified person*, prior to the issue of building approval.
d. Emergency Response Plan -Essence of Peregian Beach Residential Units must be
certified and endorsed by Council as meeting the requirements of the higher order
approval by a suitably qualified person*, prior to the issue of building approval.
(* Refer to Advisory Note)
Environmental Management Plan
55. All works must be in accordance with the approved Environmental Management Plan.
56. Prior to issue of any building approval, certification from a qualified person* must be provided
to Council certifying compliance with the approved Environmental Management Plan.
(* Refer to Advisory Note)
Damage to Services and Assets
57. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
FOLLOWING CONSTRUCTION / PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY
Certification
58. 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.
59. Certification that the existing retaining wall (Peregian Beach Hotel – on the eastern boundary
of the proposed development) has not been damaged nor structurally compromised by the
development works, must be provided by the supervising engineer.
60. A final inspection and approval of the works and completed reinstatement works by Council’s
Inspector is required. Please contact Council on 5329 6245 to arrange for the inspection.
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Maintenance Bonds
61. The developer is responsible for the maintenance of all development works which are to
become Council assets (includes civil infrastructure, landscaping, open space areas, park
improvements) for a minimum period of 12 months or as otherwise advised by Council. This
period will commence from Council’s formal acceptance of the development “on
maintenance”.
62. The developer must submit a Maintenance Bond to Council to ensure the above works are
maintained during this period. The maintenance bond must be:
a. 5% of the agreed value of the development obligations; or
b. $1500, whichever is the greater amount.
5. REFERRAL AGENCIES
Not applicable.
6. REFERENCED DOCUMENTS
JOOO488 2 Fauna Management Plan prepared by 21/11/2019
North Coast Environmental Services
JOOO488 2 Environmental Management Plan prepared 21/11/2019
by North Coast Environmental Services
Bushfire Management PlanA3-FINAL 19/03/2019
280319
Emergency Response Plan -Essence of Undated
Peregian Beach Residential Units
Emergency Response Plan -Essence of Undated
Peregian Beach Hotel
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
General Advisory Notes
1. 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.
2. 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.
3. 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.
4. Development obligations refers to all conditions of approval relative to the development
permit. This includes, but is not limited to, Civil Works, Park improvements, landscaping,
provision of “As Constructed” information, test certificates, revegetation, sediment and
erosion control.
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Prestart and Inspections Request
5. Contact Council on 5329 6245 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
6. If Council officers are required to undertake additional inspections of the same works, a
reinspection fee will be applicable in accordance with Council’s Fees and Charges register
applicable at the time.
Environmental Advisory Notes
7. 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
8. Accepted best practice standards include:
a. the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2
or other superseding document subsequently adopted by Council;
b. Best Practice Erosion and Sediment Control, International Erosion Control Association
(2008).
9. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
a. Methods of stabilisation are:
• appropriate for slopes and slope lengths; and
• are consistent with best practice environmental management practices such as
in the Manual for Erosion and Sediment Control or the IECA Manual; and
b. Stormwater runoff from the site is not currently, and is not likely to result in visible
evidence of sedimentation or erosion, or lead to water contamination.
If at the time of request for plan sealing, the method of short-term stabilisation has not
achieved a level of stability that Council's Officers believe will have a high probability
of achieving long term stability (i.e. until house construction has occurred on all lots),
Council Officers may take the following matters into consideration in determining
whether the site is capable of achieving medium to long-term stability:
• evidence that the site has been effectively stabilised in the short term;
• evidence that soil has been adequately ameliorated;
• evidence that seed of annual and perennial grass species has been applied at
an adequate rate; and
• that grass seed has germinated at a density that is likely to achieve an effective
grass cover.
Landscaping
10. Qualified Person, for the purpose of:
a. Supervising landscape works and preparing a landscape certification, is considered to
be a landscape architect, landscape designer or horticulturist with a minimum of three
years current experience in the field of landscape design.
b. Undertaking Fauna site works and calculating compensatory habitat is considered to
be a Fauna Spotter Catcher with current certification under the Queensland Parks and
Wildlife Service.
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c. Supervising and for certifying compliance with the bushfire requirements of this
Decision Notice, is considered to be an ecologist with a minimum of 3 years current
experience in the field of bushfire assessment and management.
d. Supervising and for certifying compliance with the Environmental Management Plan
requirements of this Decision Notice, is considered to be an ecologist with a minimum
of 3 years current experience in the field of environmental management on construction
sites.
Removal of Existing Trees and Vegetation
11. Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
well as optimum weed seed sterilisation.
Works
12. The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges
Register where:
a. An inspection revealed that any constructed landscape works/bushfire
measures/environmental management actions/fauna works do not comply with the
conditions of the Decision Notice, Approved Plans and or Approved Documents
b. Certification is submitted to Council falsely stating that works comply with the approved
plans, documents and or conditions of the Decision Notice.
Infrastructure Charges
13. 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
8. PROPERTY NOTES
The following property notes will be placed against the subject property in Council’s property record
system:
“This site is provided with stormwater quality treatment devices which capture and store pollutants
from stormwater runoff generated on the site. These devices are required to be routinely checked
and serviced/cleaned out as per Maintaining Vegetated Stormwater Assets, Version 1 (Water by
Design, 2009). Records of maintenance activities undertaken are to be kept and made available
to council officers upon request.”
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
11. SUBMISSIONS
Not applicable.
12. 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.
13. 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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Yours faithfully,
Will Lowe
Senior Environment Officer
Development Assessment
Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 13 October 2020.
• Decision Notice - Minor – OPW19/0266.02- 26 October 2022, with an amendment to conditions 1 and 38.
• Decision Notice - Minor – OPW19/0266.03- 27 October 2023, with an amendment to conditions 1.
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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Document Set ID: 22642068
Version: 2, Version Date: 31/10/2023
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