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Referral Agency Response - Planning RAP25/0002

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                                                                  Officer:            Matthew Pinese
                                                                  Direct Telephone:   07 53296316
                                                                  Our Reference:      RAP25/0002
                                                                  Your Reference:     240342

                 4 April 2025


                 EarthCert Building Consultancy Pty Ltd
                 PO Box 432
                 POMONA QLD 4568
                 [email protected]



                 Dear Sir/Madam,
                                               Referral Agency Response
                                                       Planning Act 2016

                 I refer to your application and advise that Council, as a referral agency for the application,
                 completed its assessment of the application on 28 March 2025. You are advised that Council
                 requires conditions to be attached to any development approval. The conditions are listed
                 below.
                 1.      APPLICATION DETAILS

                      Application No:            RAP25/0002

                      Street address:            13 Mermaid Quay, Noosaville Qld 4566

                      Real property description: Lot 43 on RP839221

                      Planning Scheme:           Noosa Plan 2020 (25 September 2020)

                 2.      TYPE OF DEVELOPMENT

                 The applicant seeks a Referral Agency Response for a Dwelling house (setbacks to a water
                 course)
                 3.      TIME LIMIT FOR MAKING FURTHER APPLICATION

                 Not applicable.
                 4.      REFERRAL AGENCY CONDITIONS

                         When Conditions must be Complied With
                 1.      Unless otherwise stated, all conditions of this Decision Notice must be complied with
                         prior to the use of the building commencing, and then compliance maintained at all times
                         while the use continues.




                 ABN 97.969.214.121                                                                     PO Box 141
                 noosa.qld.gov.au                                                                Tewantin QLD 4565
                 [email protected]                                                                07 5329 6500
                                                                                                          Page 1 of 5
Document Set ID: 23674310
Version: 3, Version Date: 04/04/2025
Full text of the other 4 pages

Page 2

                        Approved Plans
                 2.     Development authorised by this approval must be undertaken generally in accordance
                        with the Approved Plans listed in the table below.

                             Plan No.            Rev.   Plan/Document Name                         Date

                             13 Mermaid Quay,      -    Site Plan prepared by Paul Clout Design    07/02/2025
                             Noosaville
                                                        (As annotated by Council)
                             Drawing No. 01

                             13 Mermaid Quay,      -    Basement Plan prepared by Paul Clout 07/02/2025
                             Noosaville                 Design
                             Drawing No. 02

                             13 Mermaid Quay,      -    Ground Plan prepared by Paul Clout 07/02/2025
                             Noosaville                 Design
                             Drawing No. 03             (As annotated by Council)

                             13 Mermaid Quay,      -    Upper Plan prepared by Paul Clout 07/02/2025
                             Noosaville                 Design
                             Drawing No. 04

                             13 Mermaid Quay,      -    Roof Plan prepared by Paul Clout Design 07/02/2025
                             Noosaville
                             Drawing No. 05

                             13 Mermaid Quay,      -    North and South Elevation prepared by 07/02/2025
                             Noosaville                 Paul Clout Design
                             Drawing No. 07

                             13 Mermaid Quay,      -    East and West Elevation prepared by 07/02/2025
                             Noosaville                 Paul Clout Design
                             Drawing No. 08

                             13 Mermaid Quay,      -    Section AA prepared by Paul Clout 07/02/2025
                             Noosaville                 Design
                             Drawing No. 09

                             13 Mermaid Quay,      -    Works within 4.5m Revetment Wall – 07/02/2025
                             Noosaville                 Ground Plan prepared by Paul Clout
                                                        Design
                             Drawing No. 13
                                                        (As annotated by Council)

                        Landscaping
                 3.     The land area within 4.5 metres of the revetment wall must be developed in accordance
                        with the approved plans and the following requirements:
                        a.      any new trees planted must not have a mature height that exceeds 3 metres;
                        b.      all land within 1 metre from the revetment wall must not be planted with shrubs,
                                and instead must be provided with either turf or ground cover;



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Document Set ID: 23674310
Version: 3, Version Date: 04/04/2025

Page 3

                        c.      no additional buildings or structures are to be located within 4.5 metres of the
                                revetment wall;
                        d.      a minimum of 25% of the area must be planted with shrubs;
                        e.      any new side boundary fencing within 4.5 metres of the revetment wall must taper
                                down to a maximum height of 1.2 metres at the revetment wall, and must have a
                                height not exceeding 1.5 metres at a distance of 2.25 metres from the revetment
                                wall;
                        f.      A maximum of 25% of the area is allowed to be under hard pavement, and the
                                balance is to be grass (not synthetic grass), ground covers or scrubs, provided no
                                shrubs are planted within the first 1 metre of the revetment wall;
                        g.      All landscaping must be undertaken in accordance with Planning Scheme Policy
                                PSP2 – Landscaping.
                 4.     All landscape works must be established and maintained 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.
                 5.     Where excavations result in a cut face greater than 0.5m, suitable landscaping is to be
                        installed to soften the visual impacts of the excavations to the Noosa Waters’ Canal for
                        the full length of the cut face. Landscaping is to be of a suitable species and in
                        accordance with Noosa Plan 2020 Planning Scheme Policy PSP2 Landscaping.
                        Bonds
                 6.     A site compliance bond of $5,000 is to be submitted to Council prior to the
                        commencement of works. The commencement of works can only commence once
                        Council's Construction Engineering Officer has confirmation that the bond monies have
                        been received by Council.
                        The bond will be refunded less any costs incurred by Council in ensuring compliance
                        with these conditions or any additional inspections incurred for substandard work or work
                        undertaken not in accordance with this permit.
                 7.     Bonds must:
                        a.      meet the requirements of council’s relevant Planning Scheme Policy for
                                performance and uncompleted works;
                        b.      be lodged with Council and accompanied by the Bond Administration Fee/s; and
                        c.      be requested for release by writing to Council, when relevant approval
                                requirements have been met.
                        Earthworks
                 8.     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.
                 9.     Earthworks carried out on site must not affect the structural integrity of the revetment
                        wall, existing fences or other structures that border the subject site. Fences that are
                        affected must be replaced in a timely manner and in consultation and agreement of the
                        owners of the related properties.




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Document Set ID: 23674310
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                        Revetment Wall / Flood Storage
                 10.    All works within the 4.5m setback from the revetment wall must be carried out generally
                        in accordance with Linday Consulting’s Operational Works Flood Storage Calcs (24-
                        0346-C12 and C13, Rev. B) dated 13 August 2024.
                 11.    All works for the purpose of increasing available flood storage must be located within
                        the 4.5m setback from the revetment wall.
                 12.    Certification of the completed works within the 4.5m setback from the revetment wall
                        must be submitted to Council within 3 months of the completion of the works. The
                        certification must be prepared by a RPEQ (Registered Professional Engineer of
                        Queensland) and state that the works:
                        a. have not reduced the amount of available flood storage within the 4.5m setback from
                           the revetment wall;
                        b. have not negatively impacted the stability of the revetment wall or negatively
                           impacted the associated membrane;
                        c. have not reduced the available flood storage within the lot from the profile as
                           described in The Noosa Plan 2020 – Low Density Residential Zone Code; and
                        d. meet the relevant conditions of this approval.
                        Damage to Services and Assets
                 13.    All structures must have no detrimental effects on stormwater drains and/or easements.
                 14.    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.
                 5.     REASONS FOR REFERRAL AGENCY’S DECISION

                 The proposal is subject to specific built form parameters outlined in The Noosa Plan (25
                 September 2020).
                 6.     REFERENCE DOCUMENT

                  Plan No.       Rev.    Plan/Document Name                             Date

                  24-0346- B             Operational Works Bulk Earthworks              13 August 2024
                  C4
                                         Prepared by Lindsay Consulting

                  24-0346- B             Operational Works Flood Storage Calcs          13 August 2024
                  C12
                                         Prepared by Lindsay Consulting

                  24-0346- B             Operational Works Flood Storage Calcs          13 August 2024
                  C13
                                         Prepared by Lindsay Consulting




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Document Set ID: 23674310
Version: 3, Version Date: 04/04/2025

Page 5

                 7.     ADVISORY NOTES

                 The following notes are included for guidance and information purposes only and do not form
                 part of the referral agency conditions:
                        Performance Bond Agreement
                 1.     An applicant for a development application may make an agreement with an assessment
                        manager, referral agency or other person to establish the responsibilities, or secure the
                        performance, of a party to the agreement about a development condition.
                        Equitable Access and Facilities
                 2.     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:
                        a.      the Disability Discrimination Act 1992 (Commonwealth);
                        b.      the Anti-Discrimination Act 1991 (Queensland); and
                        c.      the Disability (Access to Premises – Buildings) Standards.
                        Fires in Urban Areas
                 3.     In urban areas fires are prohibited except where in an appliance is used for domestic
                        heating or cooking purposes, which must comply with particular standards. Any area
                        identified as a fire pit area on approved plans is to be in accordance with Local Law &
                        Subordinate Local Law No. 3, Schedule 3. Refer to the following link for details:
                        https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
                 8.     REPRESENTATIONS ABOUT REFERRAL AGENCY RESPONSE

                 The applicant may make representations to Council about this referral agency response at
                 any time before the application is decided pursuant to section 30 of the Development
                 Assessment Rules.
                 Yours faithfully,




                 Matt Pinese
                 Development Planner

                 Enc:   Approved Plans/Documents




                                                                                                          Page 5 of 5
Document Set ID: 23674310
Version: 3, Version Date: 04/04/2025

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