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Attachment A - Approved Decision Notice MCU210027
Officer: Lisa Pienaar
Direct Telephone: 07 53296514
Our Reference: MCU21/0027 & OPW21/0047 :
Your Reference: 02061
16 June 2021
HRS Developments Pty Ltd Tte
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 10 June 2021, Council decided to approve the
application subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU21/0027 and OPW21/0047
Street address: 30 & 32 James St Noosaville Qld 4566
Real property description: Lots 3 & 4 RP 72986
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
Development Permit for Material Change of Use for Multiple dwellings x 4
Development Permit for Operational Works for Stormwater, drainage works, earthworks
and landscaping
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
MATERIAL CHANGE OF USE MCU21/0027
PLANNING
When Conditions must be Complied With
1. 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.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au
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Approved Plans
2. 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
02 DA05 Site Plan, prepared by Braeden Constructions 7/5/21
03 DA05 Floor Plan - GF, prepared by Braeden 7/5/21
Constructions
04 DA05 Floor Plan - FF, prepared by Braeden 7/5/21
Constructions
05 DA05 Roof Plan, prepared by Braeden Constructions 7/5/21
09 DA05 Western Elevation and Southern Elevation, 7/5/21
prepared by Braeden Constructions
10 DA05 Eastern Elevation, Northern Elevation, and privacy 7/5/21
screen detail, prepared by Braeden Constructions
11 DA5 Landscape - Trees, prepared by Braeden 7/5/21
Constructions and as annotated by Council
12 DA5 Landscape - Ground, prepared by Braeden 7/5/21
Constructions and as annotated by Council
13 DA5 Landscape – Roof Garden, prepared by Braeden 7/5/21
Constructions and as annotated by Council
Site Cover
3. Site cover must not exceed 40% measured in accordance with the Noosa Plan 2020.
Currency Period
4. This development approval lapses if the use has not happened by 11 June 2027, unless an
application to extend the currency period is approved by Council.
Building Height
5. The maximum height of the development must not exceed 8 metres above the natural ground
level and 2 storeys.
6. 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.
Fill
7. Fill within the front setback must batter down to NGL as shown on the approved northern
elevation drawing 10 dated 7/5/2021.
Performance Bond
8. Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to pre-
start meeting. 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.
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Street Identification
9. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate, the
building name.
Water & Sewer Connections
10. An underground connection to reticulated water and sewerage must be provided to the
development site in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
11. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater)
must be submitted to Council that certifies an underground connection to reticulated water
and sewerage has been provided to the development site.
Building Appearance
12. All air conditioning units or other mechanical equipment must be fully enclosed or screened
such that they are not visible from the street frontages nor adjoining properties.
13. All deck and balcony areas above ground floor must not be enclosed by permanent fixtures
such as shutters, louvres, glass panelling or the like, except where required to satisfy any
privacy condition of this Decision Notice.
Fencing and Walls
14. Street fencing must be provided as shown on the approved Site Plan.
15. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
Clothes Drying Areas
16. Each dwelling unit must be provided with access to an outdoor clothesline which is screened
from public view.
Protection of Privacy
17. To protect privacy between adjoining properties, balconies, windows or openings must use
either/and translucent glazing, balustrading or fixed external screens, positioned in such a
way to obscure direct views into the habitable room windows or private open space areas of
the adjoining properties.
LANDSCAPING
Landscaping Works
18. The development site must be landscaped. The works must be undertaken in accordance
Noosa Plan PSP 2 – Landscaping and generally in accordance with the approved
Landscaping Plans. In this regard, amended Landscape Plans must be provided to Council
prior to the pre-start meeting with the following changes:
a. the following species are not approved and must be replaced with native species:
i. Poinciana
ii. Pinstripe ginger
iii. Heliconia
iv. Gardenia
b. Wodyetia bifurcata (foxtail palm) identified on the approved plans as ‘t4’ are not
approved and must be replaced with a suitable native screening feature tree. Palm’s
individually planted are not in accordance with PSP2 – Landscaping.
c. t2 and replacement species t4 plantings must be 45 litre pot size;
d. a total of 2 x additional feature trees along the northern boundary, each one located
opposite the lower floor lounge/master suite (approximately)
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e. screening vegetation for the full length of the eastern boundary. The species must grow
to a minimum mature height of 6m and planted at 2m centres.
f. provide 2 x Acronychia’s in each flared widening along the southern side of the
driveway
g. provision of 4 x 45 litre street trees evenly spaced within the road reserve
19. 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.
20. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
ENGINEERING
External Works
21. James Street must be upgraded for the length of its frontage to the subject site. The works
must be undertaken in accordance with the conditions of this Decision Notice and must
include in particular:
a. construction of a pedestrian footpath;
b. removal of the existing site access and reinstatement of the kerb, footpath and verge
area to match the balance of the site frontage, including the provision of topsoil and
turf where the existing verge is grassed.
Site Access and Driveways
22. A sealed access driveway must be provided from James Street to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
the conditions of this Decision Notice and must include in particular:
a. a driveway crossover generally in accordance with council standard drawings RS-049,
RS-050 and respective addendums.
b. An updated Driveway and Access Plan to reflect the amended driveway shape.
Car Parking
23. A minimum of 9 car parking spaces must be provided and marked on the site. The works
must be undertaken in accordance with the conditions of this Decision Notice and must
include in particular:
a. 1 visitor parking spaces within the total, which are clearly marked for that purpose and
accessible at all times for visitor use;
b. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
24. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
Pedestrian and Bicycle Facilities
25. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with the conditions of this Decision Notice and must include in
particular:
a. A 1.8 metre wide concrete footpath within the road verge for the entire length of the
site’s frontage to James Street.
Stormwater Drainage
26. 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 the conditions of this Decision
Notice and must include in particular:
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a. the works shown on the Approved Plans;
Services
27. Unless otherwise stipulated by telecommunications legislation at the time of construction, the
development must be provided with all necessary conduits, pits and pipes to accommodate
the future connection of optic fibre technology telecommunications.
28. Certification must be submitted to Council from all relevant service providers (Energex, NBN
and Unitywater) which certifies that the development has met the requirements of this
Decision Notice and all applicable legislation at the time of construction.
Easements
29. A 4 metre wide easement for Stormwater purposes must be registered against the title of the
property in favour of Noosa Council over the proposed easement identified on the Approved
Plans.
30. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
31. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
32. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
33. All fill and associated 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 and the conditions of this
Decision Notice.
34. Where the development involves excavation or filling over, or adjacent to, drainage, water
supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
provide a freeboard of 100mm above the finished ground surface level.
35. 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.
ENVIRONMENTAL HEALTH
Waste Storage
36. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy PSP - 9 Waste Management, including an external imperviously
paved area correctly sized for all refuse and recycling containers and suitably screened from
public places and neighbouring properties.
37. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer,
via a bucket trap. The drain outlet is to be designed to prevent storm water entry to the
sewerage system which can be achieved by a bunded area, with a nib wall height of 100mm
maximum, enclosing a wash area of 700mm x 700mm minimum (max 0.7m²). Alternatively,
the waste area can be roofed, or any other appropriate design approved by Council.
Noise
38. Written certification is required from a suitably qualified person confirming that sound
pressure levels from all mechanical plant and equipment comply with the following:
a. Air-conditioning and Refrigeration
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7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable = background + 3dB(A)
b. Pumps
7am to 7pm: Maximum level allowable = background + 5dB(A)
7pm to 10pm: Maximum level allowable = background + 3dB(A)
10pm to 7am: No audible noise.
39. The certification must be submitted to Council, which certifies that operational noise from any
fixed plant and equipment complies with the requirements of this Decision Notice.
DEMOLITION
Performance Bond
40. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be
submitted to Council prior to the issue of a Development Permit for Building Works for
demolition, to secure the demolition conditions of this approval. The cash bond or trading
bank guarantee will be returned on performance of the demolition conditions of this approval
less any costs incurred by Council in respect of enforcing performance of these demolition
conditions. Council reserves the right to call upon the bond or guaranteed sum to effect
compliance with conditions.
Works
41. 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
42. 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:
a. The areas for the storage and separation of waste shown on a site plan;
b. A waste management table as indicated below is to be completed showing how waste
material is to be segregated - recycled – reused or disposed; and
c. Table – Waste Management Table
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MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify contractor
materials volume(m³) *specify proposed *specify contractor and landfill site or
re-use or on-site and recycling outlet other disposal site
recycling methods
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
43. 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
44. 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.
45. All waste materials must be removed from site.
Litter, erosion and sediment control
46. 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
47. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
48. 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.
49. 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.
50. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging are removed from the building prior to demolition/relocation.
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Plumbing and Drainage
51. 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.
OPERATIONAL WORKS – OPW21/0047
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
31026-OW3.1 A Earthworks Plan 22/03/2021
Prepared by SCG Consulting Engineers
31026-OW5.1 A Sewer and Stormwater Protection Plan 22/03/2021
Prepared by SCG Consulting Engineers
(AS ANNOTATED IN RED BY COUNCIL)
31026-OW6.1 A Driveway and Access Plan 22/03/2021
Prepared by SCG Consulting Engineers
(AS ANNOTATED IN RED BY COUNCIL)
31026-OW6.2 A Driveway Levels Plan 22/03/2021
Prepared by SCG Consulting Engineers
31026-SW1.1 A Stormwater Management Plan 22/03/2021
Prepared by SCG Consulting Engineers
31026-C1.1 A Stormwater Relocation Plan 22/03/2021
Prepared by SCG Consulting Engineers
11 DA5 Landscape - Trees, prepared by Braeden 7/5/21
Constructions and as annotated by
Council
12 DA5 Landscape - Ground, prepared by Braeden 7/5/21
Constructions and as annotated by
Council
13 DA5 Landscape – Roof Garden, prepared by 7/5/21
Braeden Constructions and as annotated
by Council
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 15 May 2023, unless an application to extend the currency period is
approved by Council.
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PRIOR TO COMMENCEMENT OF WORKS
Engineering
3. 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.
4. A condition report of the drainage system must be completed and submitted to council prior
to the prestart meeting. The condition report is to include:
a. a CCTV inspection of the pipe section between the existing eastern most pit on the
subject site (to be retained) and the connecting pit on Weyba Road;
b. photos of the existing stormwater gully pit on James St fronting the subject site.
5. A condition report including photographs of the frontage of the site must be completed and
submitted to council prior to the prestart meeting.
6. A condition report of all the properties neighbouring the subject site must be completed and
submitted to council prior to the prestart meeting.
7. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
8. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The
pre-start meeting must include the relevant parties for the following aspects of the works:
a. Civil engineering works;
b. Landscape works;
c. Erosion and sediment control works;
d. Other relevant parties.
9. 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. 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;
d. Include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details.
e. Include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details.
f. identification of complaint management procedures including:
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i. contact details for the on-site manager
ii. dispute resolution procedures
10. Prior to the prestart meeting and commencement of municipal works associated with this
development, Council requires the provision of a bank guarantee, or a cash bond, of $20,000.
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.
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.
DURING CONSTRUCTION
Engineering
13. The developer must meet any costs to repair damage to any Council asset during
construction, where damage is a result of the development works. Damage to assets must
be repaired immediately where it creates a hazard to the community. In circumstances where
the damage does not create a hazard to the community, it must be repaired immediately on
completion of the works associated with the development.
14. 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.
15. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice;
a. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines;
b. The latest version of the Healthy Waterways document “Water Sensitive Urban Design
Technical Design Guidelines for South East Queensland” for all water quality devices
to be constructed on site.
Pavement Design and Construction
16. 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
17. 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.
18. 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.
19. 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
20. 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;
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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.
21. 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
22. Driveway crossovers must be constructed generally in accordance with council’s Standard
Drawings RS-049, RS-050 and respective addendums.
23. 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.
24. 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
25. All earthworks must be undertaken generally in accordance with Douglas Partners’
“Geotechnical Investigation” report, ref. R.001.docx BWE, dated 13 May 2021.
26. 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 2’ 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 requesting
the On-Maintenance inspection.
27. Fall protection must be provided to retaining walls that are over 1m high.
28. 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;
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d. 1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
29. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
30. 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).
31. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
32. Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
Regulation 2019) must not be released from the site or to waters within the site, or be likely
to be released should rainfall occur, unless all reasonable and practicable measures are
taken to prevent or minimise the release and concentration of contamination.
33. 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.
34. The erosion and sediment control measures must be designed, installed and maintained in
accordance with the supervising engineer instructions and the current best practice
standards * (Refer to Advisory Note).
35. The developer must ensure non-essential exposure of soil is prevented by restricting the
extent of disturbance and minimising the duration of soil exposure to adverse weather
conditions and effectively turf, cover or stabilise any disturbed area without delay and prior
to rainfall occurring.
36. The developer must ensure sediment does not leave the site or enter onto adjoining
properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or
machinery. It is essential to implement appropriate approved erosion and sediment control
measures throughout the site during all phases of construction including vehicle shakedown
pad/grid (or similar) at the access to the construction site. Where sediments or other
contaminants are deposited on a road, they must be removed so as not to enter Council’s
drainage system or waterways.
37. Prior to the completion of the development and commencement of use, 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.
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Landscape
38. The development site must be landscaped. The works must be undertaken in accordance
Noosa Plan PSP 2 – Landscaping and generally in accordance with the approved
Landscaping Plans. In this regard, amended Landscape Plans must be provided to Council
prior to the pre-start meeting with the following changes:
a. the following species are not approved and must be replaced with native species:
iii. Poinciana
iv. Pinstripe ginger
v. Heliconia
vi. Gardenia
b. The Wodyetia bifurcata (foxtail palm) identified on the approved plans as ‘t4’ are not
approved and must be replaced with a suitable native screening feature tree. Palm’s
individually planted are not in accordance with PSP2 – Landscaping.
c. t2 and t4 plantings must be 45litre pot size;
d. 2 x additional feature trees along the northern boundary, each one located opposite
the lower floor lounge/master suite (approximately)
e. screening vegetation for the full length of the eastern boundary. The species must grow
to a minimum mature height of 6m and planted at 2m centres.
f. provide 2 x Acronychia’s in each flared widening along the southern side of the
driveway
g. provision of 4 x 45 litre street trees evenly spaced within the road reserve
39. The finished level of all mulch in garden beds and landscaped medians is to be a minimum
of 50mm below the level of the adjacent top of kerb. All landscaping is to be constructed in
accordance with Council’s Planning Scheme Policy PSP2 Landscaping.
40. Suitable root barriers must be installed where proposed trees are adjacent to paths,
pavement etc in accordance with Council’s Planning Scheme Policy PSP2 Landscaping.
Damage to Services and Assets
41. 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
Certification
42. 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.
43. A condition report of the drainage system must be completed and submitted to council prior
to requesting the On-Maintenance inspection. The condition report is to include:
a. a CCTV inspection of the new stormwater line, extending between the existing
stormwater gully pit on James Street and the connecting pit on Weyba Road;
b. photos of the existing stormwater gully pit on James St fronting the subject site;
c. photos of the existing eastern most pit on the subject site.
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As Constructed Plans and ADAC XML Files (Council)
44. Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory
“As-Constructed” records must be submitted to Council. The bundle of “As Constructed”
information must include:
a. As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing
file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the
accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
b. ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed)
prepared in accordance with industry standards and recorded in “MGA - UTM56 /
GDA94” projection.
Please Note: Further information and advice relating to the as-constructed drawing
presentation, as-constructed survey capture and associated guidelines for preparation
of a compliant ADAC XML digital file are available on the webpage titled “As-
Constructed Guidelines” and accessible at the Noosa Council Website: Planning &
Development / Development Tools & Guidelines / As-Constructed Guidelines.
c. The “As-Constructed” drawings will require certification by a:
vii. Qualified experienced Civil Engineer (RPEQ) confirming design intent and
conformance with applicable standards and specifications, along with the
relevant descriptions of assets, services and structures and;
viii. Licensed Surveyor in regard to the cadastral and locational information, levels
and applicable survey datum.
d. The data must be in accordance with Council’s “Planning Scheme Policy 6 –
Engineering Design Standards”, and fully detail the levels for all engineering works
including but not limited to the drainage network and structures, finished ground and
pavement surface levels.
On Maintenance
45. All municipal works must be accepted ‘On Maintenance’ by Council in accordance with
Council’s relevant Planning Scheme Policy prior to commencement of the use. To achieve
‘On Maintenance’, the supervising RPEQ must submit to Council:
a. certification that all works have been undertaken and completed in accordance with the
requirements of this Permit;
b. as Constructed details in accordance with Council’s Planning Scheme Policy;
c. maintenance and operational manuals for all proprietary or site specific devices.
Off Maintenance
46. Prior to requesting an Off Maintenance inspection the developer must provide a written
request for the Off Maintenance inspection.
47. A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged
where:
a. a Council inspection reveals works do not comply with approval requirements;
b. submitted certification falsely states works comply with approval requirements.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
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PLANNING
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
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.
Development Compliance Inspection
3. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Infrastructure Charges
4. 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
General Advisory Notes
5. 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.
6. 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.
7. 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.
Prestart, On and Off Maintenance Inspections Request
8. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
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9. 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.
10. A minimum maintenance period of 12 months will apply to all municipal works and thereafter
until such time as the works are performing in accordance with the approved design unless
noted otherwise
Environmental Advisory Notes
11. 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
12. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control
13. Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
Engineer of Queensland (RPEQ).
14. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the On-Maintenance 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 the On-Maintenance inspection, 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.
ENVIRONMENTAL HEALTH
Building Works
15. Noise from residential building works shall comply with the following:
a. Limited to between 6:30am to 6:30pm Monday to Saturday.
b. All reasonable measures are taken to minimise noise emissions
c. Not permitted on Sunday or public holidays.
Measurement of Noise
16. Measurement of sound pressure levels (adjusted for tonality and impulse) must be in
accordance with either:
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a. Australian Standard AS1055.1 “Acoustics–Description and measurement of
environmental noise – General procedures”, or
b. The relevant “Noise Measurement Manual” as provided by the Department of
Environment and Heritage Protection.
17. A qualified person is considered to be either:
a. a Registered Professional Engineer of Queensland, or;
b. an environmental consultant with a minimum of 3 years current experience in the field
of acoustics.
Acoustic Advice & Design
18. It is highly recommended that the developer seek the advice and design input of a qualified
acoustic consultant at the plan development stage to ensure the development does not cause
a noise nuisance under the Environmental Protection Act 1994. Attention should be given
to the following (but not limited to):
a. building design and construction
b. design, selection and installation of fixed plant and equipment
c. he location of air conditioning and heating units, refrigeration plant, pumps, mechanical
exhausts and plant rooms etc
d. the use of acoustic enclosures/screens around noisy plant and equipment.
e. operating times.
Environmental Protection
19. The development should be undertaken in a manner that causes no unlawful environmental
nuisance under the Environmental Protection Act 1994 by the creation of excessive noise,
lighting, waste, atmospheric pollutants (including dust or odours) or other releases to the
environment.
20. In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint, cement,
concrete, builder’s waste or other prescribed contaminants should not to be released to or
be placed where it could reasonably be expected to move into a roadside gutter, storm water
drain or a watercourse. On the spot fines apply for such offences.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work.
10. SUBMISSIONS
Not applicable.
11. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
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Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
12. 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.
Yours faithfully
Patrick Murphy
Coordinator Planning
Enc: Appeal Rights
Approved Plans
cc. Unitywater
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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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