OPW14/0369 Approved Decision Notice

Officer:	Mark Lewis
Direct Telephone:	5329 6290
Our Reference:	OPW14/0369
Your Reference:	1415

19 January 2015

Callaghan & Toth Consulting Engineers Pty Ltd
Po Box 2305
NOOSA HEADS  QLD  4567

Dear Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 7 January 2015, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW14/0369
Street Address:	15 & 32 Leafhaven Drive, Tewantin  Qld  4565
Real Property Description:	Lots 993, 994 & 996 SP 101377
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
The following type of approval has been issued:
Development Permit for Operational Work (Stage 2 Flood Mitigation Works - Retaining Wall)
Relevant period of approval
The relevant period for this development approval is 2 years starting the day that this development approval takes effect.
assessment manager conditions
Approved Plans are listed in the Approved Plans table below.
Plan No.	Rev.	Plan Name	Date
1415.01	C	Locality Plan & Schedule of Drawings, prepared by Callaghan & Toth	10/14
1415.02	B	Overall Works Plan, prepared by Callaghan & Toth	10/14
1415.03	C	General Notes & Setout Table prepared by Callaghan & Toth	10/14
1415.04	B	Layout Plan Sheet 1 of 5, prepared by Callaghan & Toth	10/14
1415.05	B	Layout Plan Sheet 2 of 5, prepared by Callaghan & Toth	10/14
1415.06	B	Layout Plan Sheet 3 of 5, prepared by Callaghan & Toth	10/14
1415.07	B	Layout Plan Sheet 4 of 5, prepared by Callaghan & Toth	10/14
1415.08	C	Layout Plan Sheet 5 of 5, prepared by Callaghan & Toth	10/14
1415.09	B	Levee Wall Layout Plan Sheet 1 of 4, prepared by Callaghan & Toth	10/14
1415.10	B	Levee Wall Layout Plan Sheet 2 of 4, prepared by Callaghan & Toth	10/14
1415.11	B	Levee Wall Layout Plan Sheet 3 of 4, prepared by Callaghan & Toth	10/14
1415.12	C	Levee Wall Layout Plan Sheet 4 of 4, prepared by Callaghan & Toth	10/14
1415.13	B	Levee Longitudinal Section 1 of 2, prepared by Callaghan & Toth	10/14
1415.14	B	Levee Longitudinal Section 2 of 2, prepared by Callaghan & Toth	10/14
1415.15	B	Levee Cross Section 1 of 2, prepared by Callaghan & Toth	10/14
1415.16	A	Levee Cross Section 2 of 2, prepared by Callaghan & Toth	10/14
1415.17	A	Levee Wall Details 1 of 4, prepared by Callaghan & Toth	10/14
1415.18	A	Levee Wall Details 2 of 4, prepared by Callaghan & Toth	10/14
1415.19	A	Levee Wall Details 3 of 4, prepared by Callaghan & Toth	10/14
1415.20	A	Levee Wall Details 4 of 4, prepared by Callaghan & Toth	10/14
1415.21	A	Retaining Wall Levels 1 of 3, prepared by Callaghan & Toth	10/14
1415.22	A	Retaining Wall Levels 2 of 3, prepared by Callaghan & Toth	10/14
1415.23	A	Retaining Wall Levels 3 of 3, prepared by Callaghan & Toth	10/14
1415.25	B	Drainage Setout Table, prepared by Callaghan & Toth	10/14
1415.26	B	Drainage Longitudinal Section 1 of 2, prepared by Callaghan & Toth	10/14
1415.27	B	Drainage Longitudinal Section 2 of 2, prepared by Callaghan & Toth	10/14
1415.32	A	Landscaping Layout Plan Sheet 1 of 5, prepared by Callaghan & Toth	10/14
1415.33	A	Landscaping Layout Plan Sheet 2 of 5, prepared by Callaghan & Toth	10/14
1415.34	A	Landscaping Layout Plan Sheet 3 of 5, prepared by Callaghan & Toth	10/14
1415.35	A	Landscaping Layout Plan Sheet 4 of 5, prepared by Callaghan & Toth	10/14
1415.36	A	Landscaping Layout Plan Sheet 5 of 5, prepared by Callaghan & Toth	10/14
1415.37	A	Landscaping Detail Plan, prepared by Callaghan & Toth	10/14
1415.38	A	Landscape Notes, prepared by Callaghan & Toth	10/14
1415.39	B	Driveway Details, prepared by Callaghan & Toth	10/14
1415.40	B	Structural Notes, prepared by Callaghan & Toth	10/14
The works must be carried out in accordance with:
The Environmental Management Plan Job No:1415, Document No:1415_EMP_Version 0 dated 20 October 2014 prepared by Callaghan and Toth, and
The recommendations of the Flora and Fauna Survey Daintree Estate, Tewantin Document No: 140815-FF dated 15 August 2014 prepared by Native Foresters
Safe pedestrian and vehicle access in the vicinity of the works must be maintained at all times.
Any construction and post construction activity is not to impact on the condition of the waterway, and is to be conducted so as not to breach the Environmental Protection Act (EPA) 1994 and the Environmental Protection (Water) Policy 2009.
The approval or conditions do not constitute a ruling on structural safety and the Applicant must make their own arrangements to ensure adequacy of design and work.  Also, any approval granted does not warrant that such plans and specifications have been checked in detail, nor does it absolve the owner of the land from complying with all the conditions of this approval and/or relevant Council By-Laws and Policies and/or relevant statutes and/or statutory regulations in the execution and/or performance of said works.  The Council does not accept any responsibility for the accuracy of such plans and specifications as approved.
Certification by a Registered Professional Engineer of Queensland must be submitted to Council at the completion of the works.  The certification must state that the works have been constructed in accordance with best practice methods.
This approval lapses where the construction of the works has not been commenced within two (2) years of the date of issue of the approval, unless application is made and approved by Council for an extension.
Prior to felling or pruning, all trees are to be inspected for wildlife (i.e. koalas, possums, birds nests etc).  If wildlife is present, the tree must not be felled or pruned until the wildlife has left the tree or has been removed by a qualified person
Cleared vegetation must be suitably processed by one of the following methods and removed from the site:-
Processing through a wood-chipper or shredder. The resulting mulch is to be stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5m high with a minimum of 10m between edges of heaps
Disposal for landscaping purposes
Transport to alternative site for breaking down materials provided that all necessary permits have been obtained to allow the alternate site to be used for this purpose
Where damage occurs to any council asset as a result of the development works, it must be repaired immediately where it creates a hazard that presents risk to person or property. Other damage must be repaired prior to completion of works
Landscape works must be supervised, undertaken and certified by qualified persons.  All works must be completed in accordance with this Decision Notice and the approved plan.
All landscape works must be established and maintained in accordance with horticultural best practice with construction techniques and irrigation that allow for healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form
Landscape works must:
Ensure amenity or sales signage and ancillary infrastructure is not being installed within the road reserve
Ensure permanent irrigation is not installed within the road reserve
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
The landscaping works shall be placed ‘On Maintenance’ for a period of 12 months from the planting of the replacement trees. Landscaping works must meet the following Performance Criteria :
Any failed plants within the 12 month period have been replaced.
Healthy and vigorous growth allowed to grow to full form
Mulch layer sufficient to suppress weeds
E&SC measures must be  installed and maintained to ensure any waters discharged from the earthworks site up to and including a  85%ile 5 day rain event (or 46mm rainfall event)  contain less than 50mg Total Suspended Solids per litre. All reasonable and practical measures must be installed to minimise the amount of sediment leaving the site in rainfall events that exceed 85%ile 5 day or 46mm. Please refer to Advisory Notes for the minimum reasonable and practical measures to minimise the amount of sediment leaving the site.
Any temporary drainage works to manage stormwater flows during the construction phase of development must be designed by the supervising RPEQ to convey a  1 in 2-year ARI event without resulting in visible scour within flow paths.
A construction hold point with Council’s delegated erosion and sediment control officer must be established prior to commencement of each stage of earthworks. The hold point must be held as soon as reasonably practical following initial tree clearing and/or removal of soil stabilising material for each stage. At the hold point inspection, all drains and bunds required to divert waters away from disturbed soil as well as sediment basins and/or sediment control measures to remove sediment from runoff on disturbed areas must be installed. All areas that will not require earthworks in the imminent cut to fill operation must be stabilised to prevent entrainment of sediments into receiving waters. Earthworks must not commence until after the Council’s delegated erosion and sediment control officer has provided written confirmation that this condition has been completed.
Prior to the completion of the development, and prior to forecast rain events exceeding the capacity of sediment removal measures (i.e. sediment basins),  all exposed soils surfaces must be effectively stabilised and protected from soil loss to receiving waters. 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.
All necessary State government approvals relating to this development must be obtained prior to any works commencing on the site
referral agencies
Not Applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Technical details on measures to prevent erosion, control drainage and remove sediment entrained in waters are detailed in the Best Practice Erosion and Sediment Control (International Erosion Control Association, 2008).Measures must include as a minimum, but are not limited to, the following:
Ensure nonessential exposure of soil is prevented by:
(i)	Restricting the extent of soil exposure to that necessary for access to, and safe construction of, the approved works at any one time.
(ii)	Protect exposed soil from direct raindrop impacts prior to rainfall. Methods to protect exposed soil from direct raindrop impacts include, but not limited to cover with vegetation, mulch, hyrdromulch, fabric, heshion etc.
Where it is not feasible to protect exposed soil from direct raindrop impacts, such as areas being actively worked, install appropriate sediment capture devices to maximise sediment removal from waters discharged from the site.
In areas of exposed soil where it is not feasible to protect the soil surface from raindrop impact or implement appropriate sediment capture devices, ensure contingency measures are available on site and are implemented, prior to rain, to minimise erosion.
Surface stormwater flows must not cause erosion of stockpiles, batters or embankments.
Clean stormwater must be diverted around or through the site without increasing the concentration of total suspended solids (TSS) or other contaminants in the flow and without causing erosion (onsite or offsite).  If it is not feasible to divert all areas discharging clean stormwater around or through the site, manage the clean stormwater runoff in the same manner as contaminated stormwater runoff, and ensure that sediment basins are sized to accommodate the additional volume of runoff.
Ensure that all concentrated stormwater flows including drainage lines, diversion drains, channels and batter chutes are managed onto, through, and at release points from the site in all rain events up to and including the 1 in 2 year ARI without causing water contamination, sheet, rill or gully erosion, sedimentation, or damage to structures or property.
Ensure measures have been implemented such that the runoff from all areas with exposed soil flow to a sediment basin or basins that are sized to capture and treat a 43mm rainfall event.
Ensure sediment basins are dewatered as soon as practicable after each rainfall event and within two days of rainfall ceasing.
Markers must be installed within the basin to indicate capacity. Basins must be desludged as required to maintain the required capacity.
Ensure that during dewatering, the concentration of TSS discharged does not exceed 50mg/L.  The concentration of TSS released by dewatering may only exceed 50mg/L where it can be demonstrated that:
(i)	Further significant rainfall is forecast to occur before the TSS concentration is likely to be reduced to 50mg/L; and
(ii)	Releasing a higher concentration of TSS will result in a better environmental outcome by providing storage for the capture and treatment of runoff from the imminent rainfall and runoff; and
(iii)	Flocculent has been applied and the concentration of TSS in the captured water has already significantly decreased.
Flocculants containing Aluminium are not permitted to be used on this site.
Ensure sediment basins and associated structures such as inlets, outlets and spillways are structurally sound for the 1 in 10 year ARI rainfall event
Ensure sediment does not leave the site on the tyres of vehicles
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.
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 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 Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Not Applicable.
self assessable codes
Not Applicable.
submissions
Not Applicable
reasons/grounds for approval
Not Applicable
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully

Mark Lewis
Coordinator - Engineering

cc	Unitywater

Enc:	Approved Plans/Documents
Appeal Rights

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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PO Box 141		 (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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