Decision Notice - Approved by Delegation of Authority OPW19 0098 · OPW19/0098

Officer: 	Diogo Carrico
Direct Telephone: 	07 53296290
Our Reference:	OPW19/0098 : JELDER
Your Reference:	18556 132007.738.02, OPW18/0139
13 June 2019
64 Gateway Dve Pty Ltd ATF 64 GD Trust
C/- Tod Consulting Pty Ltd
PO Box 61
NOOSAVILLE   QLD  4566

[email protected]
Dear Sir,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 11 June 2019, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW19/0098
Street address:	64 Gateway Dr Noosaville Qld 4566
Real property description:	Lot 13 SP 170295
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works – Earthworks
CURRENCY PERIOD of approval
The currency period for this development approval is 2 years starting the day that this development approval takes effect.
assessment manager conditions
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
18556-C0002	A	Bulk Earthworks – General Arrangement Prepared by TOD Consulting	26/04/2019
18556-C0003	A	Bulk Earthworks – Sections Prepared by TOD Consulting	26/04/2019
SITE SPECIFIC CONDITIONS
Prior to the prestart meeting, an Erosion and Sediment Control Plan, prepared and certified by a CPESC (Certified Professional in Erosion and Sediment Control) must be submitted to Council. The contractor must install and maintain the controls throughout the course of the works.
Reference is made to plans prepared by TOD Consulting and dated 26 April 2019:
18556-C0004, Rev A, “Bulk Earthworks – Erosion and Sediment Control Phase 1”; and
18556-C0005, Rev A, “Bulk Earthworks – Erosion and Sediment Control Phase 2 & 3”.
The site must be provided with person-proof fencing and must be maintained until all future operational works associated with this development have been completed.
PRIOR TO COMMENCEMENT OF WORKS
Landscape
Provide written evidence from the Department of Environment and Science that the requirements of the Nature Conservation Act 1992 relating to the clearing of protected plants in a High Risk area have been met.
Prior to requesting a prestart meeting:
Tree protection fencing must be installed under the supervision of the qualified person*;
Fauna pre-clearing inspection activities documented;
Provide to Council a Vegetation Protection Bond* of $5,000 for the vegetation located in the 10m wide Landscape Buffer and Environmental Buffer.
*(Refer to Advisory Notes)
A qualified person* must be engaged for the duration of the works to:
Oversee installation of all tree protection fencing prior to commencement of any works onsite (including any clearing);
Supervise tree protection within the development site, prior to, during and following construction in accordance with AS 4970, Protection of trees on development sites;
Oversee approved tree removal in proximity to retained trees;
Undertake a risk assessment of all trees within striking distance of the development works and site and carry out hazard removal and amenity pruning in accordance with AS 4373, Pruning of amenity trees.
*(Refer to Advisory Note)
Vegetation areas for protection must:
Be protected with a 1.8m high temporary safety fence or temporary barrier mesh / three-strand wire with pickets at 3m centres;
Have the fence installed prior to the prestart meeting and maintained for the entire period of construction;
Have ‘Exclusion Zone’ (‘No Go’) signage fixed to the fence at 10m centres;
Have no construction material, equipment or personnel entering the fenced area except to undertake approved construction and/or rehabilitation activities;
Be protected from any damage except Council approved vegetation removal for the protection of persons or property;
Include assessment and works by a qualified (person) Arborist* prior to the final inspection, to identify and mitigate tree hazards to persons or property.
*(Refer to Advisory Notes)
A qualified person* must be engaged to manage fauna prior and during clearing to:
Ensure works are carried out in accordance with the Nature Conservation Act 1992;
Undertake pre-clearing inspections including fauna relocation and removal or blocking of all vacant hollows;
Ensure clearing works avoids nesting times of animals and birds;
Provide a written report to Council with the request for the prestart meeting of all pre-clearing activities and initiatives;
Co-ordinate staging and sequence of clearing with fauna protection;
Protect and recover fauna during clearing operations (fauna not previously removed);
Manage the translocation of animals and recovery procedures in accordance with relevant legislation;
Undertake protection works for mulching of any stockpiled vegetation.
*(Refer to Advisory Note)
Vegetation removal, felling and lopping must:
Retain old growth tree hollows and suitably relocate and distribute for nesting fauna;
Mulch all other wood and leaf material (without root balls, soil or debris and minimising weed seeds) for re-usable mulch;
Have mulch for re-use in landscape or rehabilitation stockpiled and aged for a minimum of three months;
Have mulch stockpiles no larger than 1000m3, 2.5m in height and with 10m separation between piles;
Allow for existing endemic ground flora to be translocated to suitable landscaping and rehabilitation areas;
Conclude with the area being stabilised against erosion, landscaped, rehabilitated and revegetated.
*(Refer to Advisory Note)
Rehabilitation of cleared areas must:
Be undertaken immediately following completion of the earthworks works that required the clearing;
Result in the area being stable and not subject to erosion.
Engineering
All necessary approvals from external service providers (eg Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
A condition report including photographs of the frontage of the site must be completed and submitted to council prior to the prestart meeting.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
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 6245. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Erosion and sediment control works;
Other relevant parties
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
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;
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased;
Proposed fencing to the site during the construction phase of the development
Adequate parking arrangements for construction workers.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures;
Works programme identifying key components of the works and their respective durations;
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;
Identification of complaint management procedures including:
contact details for the on-site manager;
dispute resolution procedures.
For haulage operations involving significant volumes of fill material or excavated material being transported onto or off the site: details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.  NB any damage to the existing road system as a result of haulage operations must be fully repaired at the applicant’s expense.
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.
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
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.
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.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans and conditions detailed in this Decision Notice
The relevant conditions of the higher order Material Change of Use approval 132007.738 to which this approval relates
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines
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
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.
Works within Road Reserve/Reinstatement
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.
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.
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.
Earthworks and Retaining Walls
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 1’ 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 Council undertaking the final inspection.
All earthworks must be carried out generally in accordance with the Acid Sulfate Soil Investigation “03683042(AA): Proposed Commercial Development ‘Precinct N’ Gateway Dr, Noosaville, dated August 2003 prepared by Golder Associates”
Fall protection must be provided to retaining walls that are over 1m high.
Slope and batters are a maximum grade of:
1 in 6 where in proximity to waterbodies;
1 in 4 for grassed areas;
1 in 3 for planted areas;
1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
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).
Erosion & Sediment Control
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) 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.
A construction hold point with a council delegate and supervising RPEQ must be established prior to commencement of cut to fill earthworks. The hold point must be held as soon as reasonably practical and prior to the first rain event forecast following initial tree clearing or removal of soil stabilising material for each stage of excavation. At the hold point inspection, all required sediment basins, drains and bunds to divert waters away from disturbed soil or soils about to become exposed through cut to fill activities must be installed. All areas that will not require earthworks in the imminent cut to fill operation must be stabilised to prevent entrainment of sediments into receiving waters.
Cut to fill earthworks must not commence until after the Supervising RPEQ has certified that all installed erosion and sediment controls required by this approval are sized in accordance with conditions of the approval and the written acceptance of the certification is provided to the supervising RPEQ by Council officers.
Offsite run-off must be diverted around exposed soils on the site without entraining additional sediments. Discharge from measures to divert the offsite water must not cause run-off impacts to other properties. Measures installed to divert the upstream water must be designed and certified by the supervising RPEQ and installed prior to commencement of bulk earthworks.
FOLLOWING CONSTRUCTION / PRIOR TO COUNCIL ACCEPTING THE WORKS
Certification
Upon completion of the work and prior to the final inspection, a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
REFERENCED DOCUMENTS
The following plans/documents are referenced in the assessment of the application:
Plan No.	Rev.	Plan/Document Name	Date
18556-C0004	A	Bulk Earthworks – Erosion and Sediment Control Phase 1 Prepared by TOD Consulting	26/04/2019
18556-C0005	A	Bulk Earthworks – Erosion and Sediment Control Phase 2 & 3 Prepared by TOD Consulting	26/04/2019
03683042(AA)		Acid Sulfate Soil Investigation – Proposed Commercial Development ‘Precinct N’ Gateway Dr, Noosaville Prepared by Golder Associates	August 2003
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:
General Advisory Notes
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.
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.
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 and Final Inspections Request
Contact Council on 5329 6245 to arrange a prestart or an inspection giving a minimum of 5 business days’ notice of preferred inspection time.
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.
Environmental Advisory Notes
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
Accepted best practice standards include:
the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2 or other superseding document subsequently adopted by Council;
Best Practice Erosion and Sediment Control, International Erosion Control Association (2008)
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the plan sealing inspection:
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
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 plan sealing, 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.
Landscaping
Vegetation Protection Bond:
may be drawn upon by Council if:
the recommendations of the Arborist report are not implemented; or,
any vegetation identified for retention are damaged to the point where they cannot be saved
will be returned upon receiving certification from the site Arborist that all requirements nominated in the Arborist report referenced within this Decision Notice have been completed.
Qualified Person
Qualified Person, for the purpose of:
Undertaking, supervising tree works and preparing arboriculture certification, is considered to be a person with a minimum three years current experience in tree protection, hazard identification/mitigation and ISA Tree Risk Assessment Framework qualified and either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Managing Fauna protection, preparing Fauna reporting and certification and calculating compensatory habitat, is considered to be an Ecologist or Environmental Scientist with a minimum of three years current experience in the field of fauna assessment and management and current certification under the Queensland Parks and Wildlife Service.
Removal of Existing Trees and Vegetation
Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as well as optimum weed seed sterilisation.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Registration of Covenant for NE corner
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Stormwater Drainage including the Treatment Train; Access; Carparking and Internal Pathways; Frontage Works; Landscaping & Revegetation.
Development Permit for Building Works	All Building Works
submissions
Not applicable.
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

Diogo Carrico
Development Engineer

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater

	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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