Amended Referral Agency Response RAP22/0031

Officer: 	Nadine Gorton
Direct Telephone: 	07 5329 6215
Our Reference:	RAP22/0031
Your Reference:	20220610
21 March 2023
JL Yuen
C/- Adapt Town Plannng + Development Management (Tiani Boulton)
PO Box 7618
SIPPY DOWNS  QLD  4556
[email protected]
Dear Sir/Madam,
Amended Referral Agency Response
Planning Act 2016
I refer to your recent request seeking changes to Council’s Referral Agency response and advise that Council decided your requested amendments on 17 March 2023.
Details of the amended referral agency response are as follows:
APPLICATION details
Application No:	RAP22/0031
Street address:	41 Nairana Rest Noosa Heads Qld 4567
Real property description:	Lot 91 RP 88934
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
type of development
The application seeks the following type of development approval:
Referral Agency Response for Dwelling House
referral agency decision details
In relation to the request, Council decided to approve the requested amendments. Details of these amendments are as follows:
A.	Agree to change condition 3.
concurrence agency conditions
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.

Approved Plans
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
DA001	A	Street Render	15 Sept 2022
DA100	B	Site Plan	7 Nov 2022
DA102	A	Lower Ground Floor Plan	15 Sept 2022
DA103	A	Ground Floor Plan	15 Sept 2022
DA104	A	Level 1 Plan	15 Sept 2022
DA105	A	Roof Plan	15 Sept 2022
DA200	B	Street (South) Elevation	7 Nov 2022
DA201	A	West Elevation	15 Sept 2022
DA202	B	North Elevation	7 Nov 2022
DA203	A	East Elevation	15 Sept 2022
DA300	A	Section A-A	15 Sept 2022
DA301	A	Section B-B	15 Sept 2022
DA302	B	Section C-C	7 Nov 2022
Building Height
The maximum height of the development must not exceed 8 metres above the ground level, apart from the south-eastern corner of the upper level which may extend to a RL of 75.35
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does 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 $10,000 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.
Protection of Privacy
To ensure privacy is protected between adjoining properties, the windows located on the upper level eastern building face, generally opposite the pool and outdoor area located on 43 Nairana Rest must either:
have a minimum window sill height or 1.5 metres above floor level
be fitted with translucent glazing
be fitted with a fixed external screen
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
The development site must be landscaped.  The works must be undertaken in accordance with the Noosa Plan for that specific area and must include in particular:
Replacement planting for trees being removed with a minimum of 4 native trees of a minimum pot size of 45 litre.
Retention of the existing golden Penda in the road reserve.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Geotechnical Stability
All works must be carried out in accordance with the geotechnical report Geotechnical investigation (35228URrpt Revision 1) prepared by JK Geotechnics and dated 1 September 2022.
Sunset Clause for Referral Agency Response
This Concurrence Agency response is no longer valid if the use has not commenced within 4 years of the date of this notice, unless otherwise extended in writing by Council.
Site Access and Driveways
A sealed access driveway must be provided from Nairana Rest to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with RECOR’s Driveway Crossover Layout Plan (20220167-070 Revision 1) dated 16 November 2022.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with RECOR’s Stormwater Layout Plan (20220167-040) dated 12 September 2022.
Earthworks and Retaining Walls
All fill and associated batters must be undertaken in accordance with an Operational Works approval, be generally in accordance with RECOR’s Cut Fill Plan (20220167-020) dated 12 September 2022, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
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.
DEMOLITION
Works
Demolition must be undertaken in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste management
A Waste Management Plan (demolition) must be submitted in accordance with Planning Scheme Policy PSP10 - Waste Management and approved by Council’s Waste Coordinator prior to issue of a development permit for Building Works for demolition, removal or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free.  Higher gate fees are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The areas for the storage and separation of waste shown on a site plan;
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and
Table – Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s and the like. If the site remains vacant for more than 30 days the lot/s must be turfed or landscaped in accordance with Planning Scheme Policy PSP 2 – Landscaping and to the satisfaction of Council so as to not cause nuisance to the surrounding area.
All waste materials must be removed from site.
Litter, erosion and sediment control
Litter, erosion and sediment control measures must be installed and maintained until soils are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage system (e.g. roadside gutter).
Asbestos
Removal of building materials containing asbestos must be undertaken by a licensed asbestos removalist.
Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011 requires a licensed asbestos removalist to give notice to Workplace Health and Safety Queensland (WHSQ) of licensed asbestos removal work at least five days before the work commences. Notification must be made using Form 65: Notification of licensed asbestos removal work, demolition work or emergency demolition.
All building materials containing asbestos products are wrapped and disposed of in accordance with the Public Health Regulation 2006 and the Environmental Protection Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses businesses that transport asbestos waste, and landfills that accept this waste.
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at demolition of a building, the existing sanitary drain upstream from the connection point for a service provider’s sewerage system must be sealed water tight. This work is deemed as notifiable Work and must be carried out by a suitably licenced plumber who must submit an As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building Construction Commission) within 10 days of completing the work.
reasons for inclusion of conditions
The proposal is subject to specific built form parameters outlined in The Noosa Plan.
advisory notes
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.
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.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
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,

Nadine Gorton
Acting Coordinator Planning

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NOOSA COUNCIL
ABN: 97 969 214 121

NOOSA COUNCIL
ABN: 97 969 214 121
	
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	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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