Decision Notice - Approved by Delegation of Authority DBW20 0025

Officer: 	Glen Conforti
Direct Telephone: 	07 53296241
Our Reference:	DBW20/002
Your Reference:	n/a
22 October 2020
Tim Ditchfield Architects
C/- Pivotal Perspective Pty Ltd
4/59 Mary St
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir
Decision Notice
Planning Act 2016
I refer to your application and advise that on 20 October 2020, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	DBW20/0025
Street address:	43 Witta Circuit Noosa Heads Qld 4567
Real property description:	Lot 110 N 21845
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Building Work Assessable against the Planning Scheme for a Detached House
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
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
DA 1.01	B	Detailed Design Site Plan, prepared by Tim Ditchfield Architects	10/09/20
DA 2.01	C	Detailed Design Ground Floor Plan, prepared by Tim Ditchfield Architects	10/09/20
DA 2.03	B	Detailed Design First Floor Plan, prepared by Tim Ditchfield Architects	14/09/20
DA 2.04	B	Detailed Design Basement Plan, prepared by Tim Ditchfield Architects	14/09/20
DA 2.05	B	Detailed Design Upper Roof Plan, prepared by Tim Ditchfield Architects	14/09/20
DA 3.01	B	Detailed Design Sections, prepared by Tim Ditchfield Architects	14/08/20
DA 3.02	B	Detailed Design Sections, prepared by Tim Ditchfield Architects	14/08/20
DA 3.03	B	Detailed Design Sections, prepared by Tim Ditchfield Architects	14/08/20
DA 3.04	B	Detailed Design Sections, prepared by Tim Ditchfield Architects	14/08/20
DA 4.01	B	Detailed Design Elevations, prepared by Tim Ditchfield Architects	14/08/20
DA 4.02	B	Detailed Design Elevations, prepared by Tim Ditchfield Architects	14/08/20
DA 4.03 A	B	Detailed Design Elevations, prepared by Tim Ditchfield Architects	14/08/20
DA 4.04	B	Detailed Design Elevations, prepared by Tim Ditchfield Architects	14/08/20
Built form
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface and 2 storeys.
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.
Site Cover must not exceed 42% for all storeys (single calculation) measured in accordance with The Noosa Plan 2006 (8 June 2018).
The eastern elevation of the first floor (in particular for the length of bed 01, ensuite and robe) must be provided with a mix of materials to break up the elevation and reduce bulk to the neighbouring property.
The operable screens on the first-floor balcony (of bed 01) when open must comply with setback requirements (being a min.2m).
The gatehouse must not exceed 7m² measured from the outermost projection.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 20 October 2026, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational 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.
Landscaping
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
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.
Screening vegetation must be planted along the eastern boundary starting at the laundry and extending to the southern end (canal end) of the terrace in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. The planted vegetation must have a minimum pot size of 200mm and consist of native, endemic species with a mature height of not less than 8 metres and a maximum spacing of 2 metre centres.
A minimum of 20% of the site must be retained as soft landscaping.
ENGINEERING
Site Access and Driveways
A sealed access driveway must be provided from Witta Circle to all parking and manoeuvring areas of the development. The works must be:
generally in accordance with drawing number 30086-OW4.2 dated July 2020 prepared by SCG Consulting Engineers; and
undertaken in accordance with a road reserve permit issued by Council.
The construction of the driveway must include a suitable flood barrier to prevent floodwaters from up to and including the 1%AEP event entering the basement. Certification of the completed works from a Registered Professional Engineer of Queensland must be submitted to Council prior to the commencement of the use.
Stormwater Drainage
Stormwater runoff from the development must be collected and discharged into Council’s drainage system or the kerb and channel in Witta Circle.
The works associated with the removal, temporary pipework and reconstruction of the Council drainage line that traverses through the site must be undertaken in accordance with an Operational Works approval. The works must be generally in accordance with drawing number 30086-SW1.1 revision B dated 16 September 2020, prepared by SCG Consulting Engineers with the following amendments:
the outlet into the canal must be in the same location as the existing outlet
additional manholes must be included at any change of direction in the line.
Easements
An easement for drainage purposes must be registered against the title of the subject property in favour of Council. The easement must be located adjacent to the north-eastern property and be a minimum of 1.5 metres wide and/or be centrally located over the new drainage line with sufficient width to fully encompass the drainage structures and fully contain the 1%AEP flows from the local catchment.
The easement must be registered prior to the commencement of the use.
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.
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.
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
Earthworks carried out on site must not affect the structural integrity of any of the adjoining lands and/or buildings and/or structures and/or services.
All earthworks works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) and be carried out generally in accordance with:
drawing number 30086-OW3.1, revision A prepared by SCG Consulting Engineers dated 3 September 2020
the Geotechnical Investigation prepared by Douglas Partners, Reference No.95081.00, R.001.docx dated 31 May.
All earthworks and associated batters, retaining structures (temporary and permanent) and anchors (both above and below ground level) 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.
All works must not adversely impact on the existing revetment wall located along the canal boundary.
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.
HYDROLOGY
Erosion & Sediment Control
At all times, the site must be managed in accordance with Healthy Land and Water Erosion and Sediment Control Toolkit for House Builders 2019, available at: https://hlw.org.au/download/erosion-and-sediment-control-toolkit-for-house-builders/ .
A construction hold point with a council delegate and supervising RPEQ must be established prior to commencement of works under this approval. The hold point must be held as soon as reasonably practical and prior to the first rain event forecast following initial removal of soil stabilising material on the site. At the hold point inspection, all required site entry pad, downslope silt fences and upstream stormwater diversion controls must be installed.
Acid Sulfate Soil
All excavation and dewatering works must be undertaken in a manner that will not cause environmental harm or damage to surrounding infrastructure as a result of the developments interaction with actual or potential Acid Sulphate Soils. An environmental professional with a minimum of 5 years’ experience in the management and treatment of Acid Sulfate Soils must be engaged to supervise and certify compliance with this condition.
Excavation and dewatering works below the elevation of 5mAHD must be in accordance with following documents:
the letter by Douglas Partners reference number 95081.00 Date 31 May 2010 detailing how excavated soils are to be treated; and
the Dewatering Management Plan Proposed Residential Development: Lot 110 on N21845, 43 Witta Circle, Noosa Heads, Queensland by AGD Consulting Ref ADG1158.20
All treated material must undergo verification testing to achieve neutralisation in accordance with the Queensland Acid Sulfate Soil Technical Manual: Soil Management Guidelines v4.0.
Surface waters must be sampled and tested at a NATA certified laboratory to confirm the following water parameters are met prior to release from the site:
a pH range of 6.5-8.5 pH units;
50mg/L maximum  total suspended solids concentration;
0.3mg/L maximum total iron concentration;
0.2mg/L maximum total aluminium concentration.
Groundwater monitoring bores must be established and installed by a Geotechnical Engineer or other suitably qualified person experienced with Acid Sulfate Soils Management. The location of the groundwater monitoring bores must be certified by the Geotechnical Engineer or other suitably qualified person to be sufficient to identify any changes in groundwater levels as a result of proposed construction activities.
Groundwater levels must, be monitored weekly for at least one month prior to construction activities likely to affect groundwater levels and daily during construction of those activities. Within 24 hours of identifying a reduction in groundwater levels below the lowest measured pre-construction levels, the Geotechnical Engineer must provide Council and Contractor with remediation strategies, and these must be implemented to prevent harm to receiving environments
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:
PLANNING
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 (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
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:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
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.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
Construction Management
The site is located in a constrained location and the construction of the proposed development (demolition, excavation, deliveries, staff parking etc) has the potential to impact on the local area. If the construction of the proposed development requires occupation of the road reserve (verge area and/or road formation) for either short term or long term, a road reserve permit must be obtained from Council prior to any occupation of the road reserve.
Please note any damage to the existing road reserve as a result of construction activities must be fully repaired at the applicant’s expense
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
staff parking
other construction vehicles.
COVID-19
This development approval has been issued during the COVID-19 applicable event declared under 275F of the Planning Act 2016.
The period for undertaking the approved development may be subject to a further extension of 6 months under section 275R of the Planning Act.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Stormwater drainage
Development Permit for Building Works	All building work
REFERENCE DOCUMENTS
Plan No.	Rev.	Plan/Document Name	Date
No.95081.00		Preliminary Geotechnical Investigation, prepared by Douglass Partners	31 May 2020
ADG1158.20	0	Dewatering management plan, prepared by ADG Consulting	1 September 2020
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 Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.

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,

Glen Conforti
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(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 –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(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 appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to 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

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