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Negotiated Report (Representations made) MCU24 0125, OPW24 0150 & RAL24 0021 (As Published) · MCU24/0125

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               REQUEST FOR NEGOTIATED DECISION REPORT
               Author                   Development Planner, Matthew Pinese
                                        Development Assessment



                  APPLICATION DETAILS

                  Application No.                      MCU24/0125, OPW24/0158 and RAL24/0021

                  Development Approval                 Material Change of Use - Multiple dwelling (15 Units)
                                                       Reconfiguring a Lot – Community Title Subdivision (1 Lot into
                                                       15 Lots)
                                                       Operational Works – Roadworks, Drainage                 Work,
                                                       Stormwater, Earthworks and Landscaping

                  Applicant                            Courtware Australia Pty Ltd

                  Representations Received On          7 May 2025

                  Negotiated Decision Due Date         4 September 2025 (End of Applicant’s Appeal Period)

                  Report Reviewed & Finalised          Andrew Gaffney – 4 September 2025
                  By

                  PROPERTY DETAILS

                  Property Address                     73, 75 and 77 Eumundi Noosa Rd Noosaville Qld 4566 and
                                                       2c, 2d and 2e Starboard Ave Noosaville Qld 4566

                  RP Description                       Lots 1, 2, 3, 48, 49 and 50 SP 298783

                  Land Area                             601m2, 636m2, 744m2, 832m2, 801m2 and 1881m2

                  Existing Use of Land                 Dwelling house and vacant

                  STATUTORY DETAILS

                  SEQRP Designation                    Urban Footprint

                  Zone                                 Medium Density Residential

                  Precinct                             Not applicable

                  Local Area Plan                      Noosaville

                  Overlays                             Land Subject to Acid Sulfate Soils
                                                          - Above 5 metres AHD to 20 metres AHD (Area 2)

                  Assessment Type                      Representations made to original approval




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               1.     BACKGROUND
               A combined preliminary approval for a:
               Material Change of Use - Multiple dwelling (15 Units), Operational Works for Roadworks, Drainage
               Work, Stormwater, Earthworks and Landscaping, Reconfiguring a Lot - Community Title
               Subdivision (1 Lot into 15 Lots) was issued on 1 April 2025.
               The applicant suspended the appeal period and made representations on 7 May 2025 to the
               development approval conditions. The representations are detailed below, but primarily relate to
               the conditions of the preliminary approval granted, which required the submission of:
               -      amended plans and addressing matters relating to:
                      o    the required number of car parks shown on the proposal plans (development statistics
                           table),
                      o    the relocation of a visitor car parking space, outside of the access handle/easement,
                      o    the acoustic privacy for units,
                      o    screening to reduce opportunities for overlooking,
                      o    the combined overall height of fill, fences and retaining walls,
                      o    the methodology for calculating site cover, and
                      o    where required, the submission of amended landscaping, reconfiguring a lot and
                           operational works plans, to reflect any changes made to the proposal plans.
               -      updating the currency period accordingly when a development permit is issued,
               -      an amended Stormwater Management Plan and associated engineering drawings,
               -      waste management and the submission of a Waste Management Plan.
               2.     ASSESSMENT
               In accordance with the following conditions of the preliminary approval, the applicant was required
               to submit amended plans and associated reports to Council prior to any further development
               applications being made and must include the following to the reasonable satisfaction of the
               Manager, Development Assessment.
               An assessment in relation to each of the submitted representations is provided below:


               Preliminary Approval Condition 1.1
               Amended proposal plans to reference the required number of resident car parking spaces, being
               30 spaces in accordance with Table 9.4.1.4 Minimum parking requirements of the Driveways and
               Parking Code.
               Applicant’s Request
               The applicant has submitted amended proposal plans and requested existing condition 1.1 be
               deleted.
               The opening development statistics table has been updated describing 30 car parking spaces for
               residents and 4 visitor bays.
               Assessment of Request
               The development statistics table on the amended plans has been updated to correctly reference
               the required number of car parking spaces, in accordance with Table 9.4.1.4 Minimum parking
               requirements of the Driveways and Parking Code.
               Recommendation
               It is recommended preliminary approval condition 1.1 be deleted.
               Amended proposal plans to reference the required number of resident car parking spaces, being
               30 spaces in accordance with Table 9.4.1.4 Minimum parking requirements of the Driveways and
               Parking Code



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               Preliminary Approval Condition 1.2
               Amended proposal plans to relocate visitor car park 4 from the access handle/easement to a
               suitable location closer to Units 12-15.
               Applicant’s Request
               The applicant has amended the proposal plans to relocate Visitor Car Park 4 and has requested
               existing condition 1.2 be deleted.




               Figure 1 – Extract from the Amended Proposal Plans (DA2.03) submitted as part of the applicant’s
               representations for Negotiated Decision

               The amended plans have relocated the visitor bay from the easement to a suitable location in front
               of units 14 and 15 at the end of the shared aisle. The engineering and landscaping plans are
               included demonstrating the spaces do not interfere with any manoeuvring and/or servicing.
               Assessment of Request
               The amended location of Visitor Car Park 4 is parallel to Units 14 and 15 and next to the revised
               location of the bin storage area.
               The submitted swept paths for refuse vehicles, shown on the Engineering Plan referenced 24572-
               C070 Sheet 21 of 23 Rev B, prepared by TOD Consulting Engineers and dated 30 April 2025,
               confirm that a refuse vehicle can enter in a forward motion, reverse into the northeastern corner of
               the site, along the internal driveway and exiting in a forward gear.
               It is noted that the turn path of the refuse vehicle does traverse the crossover and splays of the
               driveway servicing Lot 4 on SP298783 at 2B Starboard Avenue. This matter was raised as a
               concern by the landowner of this property in their email to Council dated 16 November 2025
               (uploaded to the ECM file).
               The amended landscape plans, show that the either side of the proposed location of Visitor Car
               Park 4 and next to the relocated bin storage area (as circled in Figure 2 below), the width of the
               landscape strip to 1-metre along the eastern property boundary.




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               Figure 2 – Extract of Amended Landscape Plans submitted as part of the application representations for
               Negotiated Decision

               Recommendation
               It is recommended Preliminary Approval Condition 1.2 be deleted.
               Amended proposal plans to relocate visitor car park 4 from the access handle/easement to a
               suitable location closer to Units 12-15.


               Preliminary Approval Condition 1.3
               Sensitive spaces, such as bedrooms within 3m of noise generating areas are to be acoustically
               treated with treatments shown on the amended proposal plans, such as double glazing to ensure
               that the acoustic privacy of these areas is achieved.
               Applicant’s Request
               The applicant has requested existing Preliminary Approval Condition 1.3 be deleted and a new
               condition be imposed to ensure that appropriate acoustic treatments are provided for units, where
               they have sensitive spaces within 3m of noise generating areas.
               Detailed finishes are provided for each unit showing privacy screening between each unit. A
               condition can be included and the BCA also includes detailed requirements for multiple dwelling
               units to include appropriate acoustic treatment. It is requested for an appropriate condition to be
               included in this regard.
               Assessment of Request
               For Units 1-11, which contain sensitive spaces, such as bedrooms within 3m of a noise generating
               area, it is recommended that a suitable condition be included to require that these units are
               acoustically treated in accordance with the BCA, which references AS/NZS 2107 (Acoustics -
               Recommended design sound levels and reverberation times for building interiors).
               Recommendation
               It is recommended existing Preliminary Approval Condition 1.3 be deleted, and a new condition be
               added to ensure that appropriate acoustic treatments are provided for Units 1-11 in accordance
               with the BCA, which references AS/NZS 2107 (Acoustics - Recommended design sound levels
               and reverberation times for building interiors).


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               Recommended Condition
               Sensitive spaces, such as bedrooms within 3m of noise generating areas must be acoustically
               treated, to ensure that the acoustic privacy of these areas is achieved in accordance with the with
               the BCA and AS/NZS 2107 (Acoustics - Recommended design sound levels and reverberation
               times for building interiors).


               Preliminary Approval Condition 1.4
               Amended proposal plans to clearly detail that the pool and terrace areas and upper-level balcony
               and windows are appropriately screened or treated to minimise overlooking into the private open
               space areas of adjoining residents.
               Applicant’s Request
               The applicant has requested existing condition 1.4 be deleted.
               An additional plan is included to describe the relationship and privacy between the units 4-11 &
               12-15, as per the images below (refer to Figures 3 and 4). The images clearly detail the treatments
               to minimise overlooking including high level windows, podium planting, fencing and screens.




               Figure 3 – Extract of the Amended Plans (DA4.06 Privacy Study) submitted as part of the application
               representations for Negotiated Decision




               Figure 4 – Extract of the Amended Plans (DA4.07 Privacy Study) submitted as part of the application
               representations for Negotiated Decision



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               Assessment of Request
               The amended plans submitted in response to this preliminary approval condition incorporate
               supplementary architectural and landscape documentation, specifically the additional drawings
               referenced DA4.06 and DA4.07. These plans delineate the proposed built form and integrated
               landscape treatments, which have been designed to mitigate visual intrusion and preserve
               residential amenity by addressing potential overlooking impacts.
               These strategies incorporate a combination of architectural screening elements, boundary fencing,
               elevated planter beds, and terraced landscape treatments, along the site perimeters and between
               these units to provide effective visual separation and spatial buffering.
               Where direct sightlines to bedroom windows cannot be effectively mitigated through landscape
               screening, privacy measures have been incorporated through the application of window treatments
               such as fixed external screening devices. This approach reduces dependency on landscaping
               alone and ensures opportunities for overlooking are managed and suitable privacy provisions are
               achieved in accordance with these planning scheme requirements.
               The amended plans also show fixed angled blades to buffer sightlines between Units 6-11 and
               Units 12-15. Additionally, the rear (west) elevation shows Units 12-15 have large, fixed screens to
               address overlooking from Unit 6-11. Refer to Figure 5 for an example of these screening devices
               being incorporated into the design of the development.
               Extracts from these plans and elevations are included below and marked up for ease of reference.




               Figure 5 – Extract of the Amended Plans (DA6.20 Type 4 Elevations) submitted as part of the application
               representations for Negotiated Decision




               Figure 6 – Extract of the Amended Plans (DA6.22 Type 5 Plans) submitted as part of the application
               representations for Negotiated Decision


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               Figure 6 shows another example of how these units (i.e. Units 6-11 and 12-15) have been treated
               with a combination of fixed screens, blade screen and landscape planters to minimise opportunities
               for overlooking into the private open space areas of adjoining residents.
               Having regard to these additional treatments and the revised documentation submitted, it is
               considered that the matters identified in Preliminary Approval Condition 1.4 have been satisfactorily
               addressed by the applicant. The amendments demonstrate compliance with the intent of the
               condition and reflect a design response that appropriately resolves the identified concerns relating
               to overlooking, privacy, and maintaining residential amenity.
               Recommendation
               It is recommended Preliminary Approval Condition 1.4 be deleted.
               An additional plan is included to describe the relationship and privacy between the units 4-11 &
               12-15, as per the images below. The images clearly detail the treatments to minimise overlooking
               including high level windows, podium planting, fencing and screens.


               Preliminary Approval Condition 1.5
               Confirm whether the combination of fill, retaining walls and fencing results in some overall fence
               heights of approximately 4m, when viewed from the adjoining properties and address the potential
               amenity impacts resulting from this outcome. Where necessary, amend the proposal plans to
               address any impacts that cannot be managed through reasonable and relevant conditions.
               Applicant’s Request
               The applicant has requested existing condition 1.5 be deleted.
               Additional sections are provided to demonstrate the relationship of the fence heights in relation to
               the adjoining development. Fences are to be a maximum of 2m along the boundaries of the site.




               Figure 7 – Extract of the Amended Plans (DA4.45 Section G) submitted as part of the application representations
               for Negotiated Decision




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               Figure 8 – Extract of the Amended Plans (DA4.05 Section H) submitted as part of the application representations
               for Negotiated Decision

               Assessment of Request
               As shown in additional Section G (extract in Figure 7), the adjoining development ‘Jura’, at 79-83
               Eumundi Noosa Road and 26 Headland Drive, adjoins the southern property boundary of the
               subject land. This additional Section shows that the fence height, along this common boundary, is
               approximately 2-metres high. The proposed fence interfaces with the bioretention basin in the
               northeastern corner, and the approved units (MCU23/0094) along the northern boundary of this
               adjoining lot. The adjoining units are approved with a 2-metre setback from this boundary and the
               proposed 2-metre high fence.
               To ensure that headlight glare is managed appropriately, this boundary fence will be conditioned
               to
               Recommendation
               It is recommended Preliminary Approval Condition 1.5 be deleted.
               Confirm whether the combination of fill, retaining walls and fencing results in some overall fence
               heights of approximately 4m, when viewed from the adjoining properties and address the potential
               amenity impacts resulting from this outcome. Where necessary, amend the proposal plans to
               address any impacts that cannot be managed through reasonable and relevant conditions.
               Furthermore, to ensure that the combined height of fill, retaining walls and fencing does not exceed
               the maximum of 2-metres, relative to either the natural ground level or the approved finished
               surface level of the adjoining property, whichever is lower, the condition below is recommended to
               be included in the development permit.

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               Recommended Condition
               A solid screen fence with a maximum height of 2.0 metres must be constructed along the full extent
               of the northern and southern boundaries of the site. The maximum fence height must be measured
               relative to either the natural ground level or the approved finished surface level of the adjoining
               property, whichever is lower.


               Preliminary Approval Condition 1.6
               Confirm the methodology used to determine the proposed site cover shown on the proposal plans.
               Specifically, why several portions of the built form of Units 1-5, 8, 10, 12-15, have been excluded
               from the site cover calculation.
               Applicant’s Request
               The applicant has requested existing condition 1.6 be deleted.
               An updated site cover calculation is provided with clarification about the roof line cut outs, as shown
               below. These areas are connected to the ground and not roofed, which is not considered site cover.
               Assessment of Request
               The revised Site Cover Plan (referenced Drawing DA5.04) has been updated to include
               annotations clarifying that the areas excluded from the site cover calculation for Units 1–5, 8, 10,
               and 12–15 comprise void spaces, which are open to the sky and are connected to the ground.
               The methodology used for the calculation of site cover is supported. The areas in question have
               been clarified through the representations made by the applicant. Specifically, these areas are
               voids, and as shown on the amended Landscape Plans these areas contain a combination of
               Native Ginger, Pig’s Face, Midyim, Lomandra 'Tropic Cascade', Cordyline Rubra and Syzygium
               'Cascade'. These species exhibit at least moderate shade tolerance and are well-suited to the
               microclimatic conditions of these void areas, ensuring the successful establishment and long-term
               viability of these landscape areas.




               Figure 9 – Extract of amended Landscape Plans




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               Recommendation
               It is recommended Preliminary Approval Condition 1.6 be deleted.
               Confirm the methodology used to determine the proposed site cover shown on the proposal plans.
               Specifically, why several portions of the built form of Units 1-5, 8, 10, 12-15, have been excluded
               from the site cover calculation.


               Preliminary Approval Condition 1.7
               Where required, provide amended landscaping, reconfiguring a lot and operational works plans to
               reflect any changes made to the proposal plans.
               Applicant’s Request
               The applicant has requested existing condition 1.7 be deleted.
               All plans have been coordinated with updated changes to allow for the approval of all drawings as
               part of the development permit.
               Assessment of Request
               In conjunction with the Amended Architectural Plans submitted, amended plans for landscaping
               and engineering have been coordinated to ensure consistency. Also, the submitted reconfiguring
               a lot plan (DA1.05) has also been updated (i.e. to Revision E).
               Recommendation
               It is recommended Preliminary Approval Condition 1.7 be deleted.
               Where required, provide amended landscaping, reconfiguring a lot and operational works plans to
               reflect any changes made to the proposal plans.


               Preliminary Approval Condition 2
               This development approval lapses if the requirements of the conditions have not been completed
               and lodged with Council by 1 April 2027, unless an application to extend the currency period is
               approved by Council.
               Applicant’s Request
               The applicant has requested Preliminary Approval Condition 2 be updated, when Council issue a
               full Development Permit for this combined application for Material Change of Use, Reconfiguring
               a Lot and Operational Works.
               Assessment of Request
               The currency period condition is to be revised to establish the relevant period, being:
               -      6 years from the date of issue of the development permit for Material Change of Use aspect
                      of the development application.
               -      4 years from the date of issue of the development permit for the Reconfiguring a Lot aspect
                      of the development application.
               -      2 years from the date of issue of the development permit for the Operational Works aspect
                      of the development application.
               Recommendation
               It is recommended Preliminary Approval Condition 2 (Currency Period) be removed and new
               relevant period conditions be included for each of the development permits in this combined
               (MCU/RAL/OPW) application.
               Material Change of Use Currency Period
               1.     This development approval lapses if the use has not happened by 4 September 2031, unless
                      an application to extend the currency period is approved by Council.

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               Reconfiguring a Lot Currency Period
               2.     This development approval lapses if the requirements of the conditions have not been
                      completed and an application for plan seal is not lodged with Council by 4 September 2029,
                      unless an application to extend the currency period is approved by Council.
               Operational Works Currency Period
               3.     This development approval lapses if the use has not happened by 6 September 2031, unless
                      an application to extend the currency period is approved by Council.


               Preliminary Approval Condition 3 (3.1-3.4)
               Prior to Council issuing a Development Permit, provide an amended Stormwater Management
               Plan and associated Engineering Drawings that incorporates an allowance for climate change in
               accordance with Performance Outcome 2 of the Water Quality and Drainage Code. The amended
               package must include amendments to Engeny’s Stormwater Management Plan and associated
               Engineering Drawings prepared by TOD Consulting, be prepared by a suitably qualified person
               (RPEQ), and include in particular:
               3.1 - allowance for a 20% increase in rainfall intensity by the year 2100 for all modelled scenarios
               (10% and 1% AEP event);
               3.2 - a revised assessment of non-worsening based on like-for-like scenarios for climate change
               scenarios, based on the 1% AEP event (2100);
               3.3 - revised internal site drainage drawings and calculations to include a climate change
               allowance; and
               3.4 - additional detail demonstrating how the “gap flow” has been calculated – nothing that Section
               4.1 of the Stormwater Management Plan suggests that development flows in excess of the pipe
               network fail to report to the existing bioretention basin in Ely Street.
               Applicant’s Request
               The applicant has requested Preliminary Approval Condition 3 be deleted.
               TODs development engineers provided updated engineering and stormwater management plans,
               incorporating minor modifications to the stormwater calculations sheet. It is also recognised there
               are no requirements to increase any pipe sizes of the building.
               Assessment of Request
               Council’s Senior Development Engineer has had the amended Stormwater Management Plan and
               associated Engineering Drawings peer reviewed by a suitably qualified third party.
               As a result of this peer review, further changes were recommended by the third party engineer and
               these changes with be integrated into an amended Stormwater Management Plan, which is
               recommended to be provided to Council (by a condition of the development permit), prior to
               requesting the required pre-start meeting associated with the Operational Works permit.
               Recommendation
               It is recommended Preliminary Approval Conditions 3.1-3.4 be deleted and the following condition
               be imposed, requiring the applicant to submit the amended Stormwater Management Plan, prior
               to requesting a pre-start meeting.
               Recommended Condition
               Prior to Council attending the prestart meeting, submit and have approved by Council, an amended
               revision of Engeny’s Stormwater Management Plan (BBNE00529_0002_0001-REP-001-2) to
               include the following amendments:
                      a.      provide clarification on Section 4.1 with respect to the modelling of the proposed
                              detention tank within the townhouse site and gap flows that do not report to the existing
                              detention basin.
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                      b.      provide clarification and justification on what climate change assumptions have been
                              adopted in Sections 4.2 and 4.3 and provide an amended non-worsening assessment
                              based on like-for-like scenarios, with respect to climate change assumptions, based on
                              the 1% AEP (2100) event.
                      c.      provide justification on how the gap flows in Section 4.3 have been calculated (for the
                              total 1% AEP flow), if the calculations are based on WBNM modelling or TOD
                              Consulting’s stormwater calculations, and how the resulting flow reports in Starboard
                              Avenue during the 1% AEP event.


               Preliminary Approval Condition 4 (4.1-4.4)
               Prior to Council issuing a Development Permit, provide a Waste Management Plan demonstrating
               that all waste servicing and collection is to occur onsite. The Waste Management Plan must be
               prepared by a suitably qualified person and include, in particular:
               4.1 - onsite collection of refuse/recycling must be undertaken using 1,100 litre, low-noise waste
               containers – waste servicing, include the storage of waste containers, must occur in locations that
               minimise the amenity impact on adjacent properties.
               4.2 - provision for on-site servicing by a Refuse Collection Vehicle (i.e., Dennis Eagle Elite 2 6x4
               with rear lift configuration) – the Refuse Collection Vehicle must be able to enter and exit the site
               in a forward gear while remaining wholly within the access driveway (i.e., the access handle to
               Starboard Avenue).
               4.3 - If a Refuse Collection Vehicle is unable to remain wholly within the access driveway, provide
               a revised development layout that accommodate on-site manoeuvring of a Refuse Collection
               Vehicle; and
               4.4 - Compliance with The Noosa Plan 2020 – Waste Management Code and PSP9 Waste
               Management.
               Applicant’s Request
               The applicant has requested Preliminary Approval Conditions 4.1-4.4 be deleted.
               Both MCU21/0156 & MCU23/0094 for much larger unit developments included the following
               conditions regarding waste management, which does not require a waste management plan. The
               plans demonstrate sufficient detail for the provision of onsite waste management and a similar
               condition shall be included for this application.




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               Assessment of Request
               Figure 10 includes an extract showing Part SC6.10.2 of PSP9 of the Noosa Plan 2020. This
               provision of the Planning Scheme Policy states that for development with more than 15 units, a
               Waste Management Plan is required. The proposed development is for a total of 15 units, and
               Council’s Senior Development Engineers agrees that a Waste Management Plan is not required,
               on this basis.
               The applicant has demonstrated that the site can be adequately serviced by a Refuse Collection
               Vehicle (RCV). The revised engineering plans, incorporating updated swept path analyses, confirm
               that Units 1–11 are accessible for waste collection via Eumundi-Noosa Road, Noosaville. Units
               12–15 are similarly serviceable via Starboard Avenue, utilising the existing access easement over
               Lot 49 on SP298783.




               Figure 10 – Extract from SC6.10.2 in PSP9 of the Noosa Plan 2020

               The amended engineering plans that demonstrate RCV access will be endorsed/approved as part
               of the full combined (MCU/RAL/OPW) development permit.
               Recommendation
               Council’s Senior Development Engineer has determined that this outcome satisfactory addresses
               this Preliminary Approval Conditions 4.1-4.4, and it is agreed these Preliminary Approval
               Conditions can be deleted.


               3.     CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme. The
               requested changes to the conditions do not raise any significant issues and are therefore
               supported. The application is therefore recommended for approval.
               The report is provided in accordance with Section 76 of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No. MCU24/0125 OPW24/0158, RAL24/0021, and the representations
               made, Council on 7 May 2025 decided to:
               A.     Agree to delete Preliminary Approval Conditions 1 (1.1-1.7), 2, 3 (3.1-3.4) and 4 (4.1-4.4).
               B.     Amend the development description to read as follows:
                      •       Development Permit for Material Change of Use – Multiple dwelling (15 Units)
                      •       Development Permit for Operational Works – Roadworks, Drainage Work,
                              Stormwater, Earthworks and Landscaping
                      •       Development Permit for Reconfiguring a Lot – Community Title Subdivision (1 Lot
                              into 15 Lots)
               C.     Include the following additional conditions to the Development Permit for Material Change of
                      Use 5-63
               D.     Include the following additional conditions to the Development Permit for Operational Works
                      1-69


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               E.     Include the following additional conditions to the Development Permit for Reconfiguring a Lot
                      1-11
                           DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (MCU24/0125)
                              MULTIPLE DWELLING (15 UNITS) INCLUDING DEMOLITION WORKS
               1.     Deleted.
               2.     Deleted.
               3.     Deleted.
               4.     Deleted.
                      When Conditions Must Be Complied With
               5.     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.
                      Currency Period
               6.     This development approval lapses if the use has not happened by 4 September 2031, unless
                      an application to extend the currency period is approved by Council.
                      Approved Plans
               7.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table/s below.

                        Plan No.           Rev.      Plan/Document Name                            Date

                        202507 DA1.04         E      Demolition Plan prepared by Blackwood 1/05/2025
                                                     Architecture and Design

                        202507 DA2.01         E      Site Plan prepared         by   Blackwood 1/05/2025
                                                     Architecture and Design

                        202507 DA2.02         E      Pad Levels prepared        by   Blackwood 1/05/2025
                                                     Architecture and Design
                                                     Annotated by Council

                        202507 DA2.03         E      Basement      prepared  by      Blackwood 1/05/2025
                                                     Architecture and Design

                        202507 DA2.04         E      Ground Floor prepared by Blackwood 1/05/2025
                                                     Architecture and Design
                                                     Annotated by Council

                        202507 DA2.05         E      Upper Floor 1 prepared by Blackwood 1/05/2025
                                                     Architecture and Design
                                                     Annotated by Council

                        202507 DA2.06         E      Upper Floor 2 prepared by Blackwood 1/05/2025
                                                     Architecture and Design

                        202507 DA2.07         E      prepared by Blackwood Architecture and 1/05/2025
                                                     Design

                        202507 DA3.01         E      North and East Elevations prepared by 1/05/2025
                                                     Blackwood Architecture and Design


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                        Plan No.        Rev.   Plan/Document Name                       Date

                        202507 DA3.02     E    South and West Elevations prepared by 1/05/2025
                                               Blackwood Architecture and Design

                        202507 DA4.01     E    Section A and B prepared by Blackwood 1/05/2025
                                               Architecture and Design

                        202507 DA4.02     E    Sections C and D prepared by Blackwood 1/05/2025
                                               Architecture and Design

                        202507 DA4.03     E    Sections E and F prepared by Blackwood 1/05/2025
                                               Architecture and Design

                        202507 DA4.04     E    Section G prepared        by   Blackwood 1/05/2025
                                               Architecture and Design

                        202507 DA4.05     E    Section H prepared        by   Blackwood 1/05/2025
                                               Architecture and Design

                        202507 DA6.01     E    Type 1 Plans prepared by Blackwood 1/05/2025
                                               Architecture and Design

                        202507 DA6.02     E    Type 1 Plans prepared by Blackwood 1/05/2025
                                               Architecture and Design

                        202507 DA6.04     E    Type 1 Elevations prepared by Blackwood 1/05/2025
                                               Architecture and Design

                        202507 DA6.05     E    Type 1 Elevation and Section prepared by 1/05/2025
                                               Blackwood Architecture and Design

                        202507 DA6.06     E    Type 2 Plans prepared by Blackwood 1/05/2025
                                               Architecture and Design

                        202507 DA6.07     E    Type 2 Plans prepared by Blackwood 1/05/2025
                                               Architecture and Design

                        202507 DA6.09     E    Type 2 Elevations prepared by Blackwood 1/05/2025
                                               Architecture and Design

                        202507 DA6.10     E    Type 2 Elevation and Section prepared by 1/05/2025
                                               Blackwood Architecture and Design

                        202507 DA6.11     E    Type 3 Plans prepared by Blackwood 1/05/2025
                                               Architecture and Design

                        202507 DA6.12     E    Type 3 Plan and Section prepared by 1/05/2025
                                               Blackwood Architecture and Design

                        202507 DA6.14     E    Type 3 Elevations prepared by Blackwood 1/05/2025
                                               Architecture and Design

                        202507 DA6.15     E    Type 4 Basement prepared by Blackwood 1/05/2025
                                               Architecture and Design


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                        Plan No.           Rev.     Plan/Document Name                           Date

                        202507 DA6.16         E     Type 4 Ground prepared by Blackwood 1/05/2025
                                                    Architecture and Design

                        202507 DA6.17         E     Type 4 Upper prepared by Blackwood 1/05/2025
                                                    Architecture and Design

                        202507 DA6.18         E     Type 4 Roof prepared by Blackwood 1/05/2025
                                                    Architecture and Design

                        202507 DA6.20         E     Type 4 Elevations prepared by Blackwood 1/05/2025
                                                    Architecture and Design

                        202507 DA6.21         E     Type 4 Elevations and Section prepared by 1/05/2025
                                                    Blackwood Architecture and Design

                        202507 DA6.22         E     Type 5 Plans prepared by Blackwood 1/05/2025
                                                    Architecture and Design

                        202507 DA6.23         E     Type 5 Plan and Section prepared by 1/05/2025
                                                    Blackwood Architecture and Design

                        202507 DA6.25         E     Type 5 Elevations prepared by Blackwood 1/05/2025
                                                    Architecture and Design

                        202507 DA6.26         E     Type 6 Plans prepared by Blackwood 1/05/2025
                                                    Architecture and Design

                        202507 DA6.27         E     Type 6 Plans and Section prepared by 1/05/2025
                                                    Blackwood Architecture and Design

                        202507 DA6.29         E     Type 6 Elevation prepared by Blackwood 1/05/2025
                                                    Architecture and Design

                      Nature and Extent of Approved Use
               8.     The approved development consists of Multiple dwelling (15 Units).
                      Built Form and Development Appearance
               9.     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.
               10.    All units where adjoining an external residential allotment are to screen and batten air
                      conditioning units to assist with noise mitigation.
               11.    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.
               12.    The development must use muted environmental colour tones that blend with the natural
                      environment.
               13.    The approved colour palette of the development is to include an additional deep, stronger
                      colour tone to highlight individual dwellings and add visual interest to the street and
                      surrounds.




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                      Building Height
               14.    The maximum height of the development must not exceed 8 metres above the natural and
                      finished ground levels.
               15.    Certification must be submitted to Council from a Licensed Surveyor which certifies that the
                      buildings do not exceed the maximum height requirement of this Decision Notice.
                      Performance Bond
               16.    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.
                      Protection of Privacy
               17.    To ensure privacy is protected between adjoining properties, the window located on the
                      upper level northern building face of Units 1, 6 and 12 must either:
                      a.      have a minimum windowsill height or 1.7 metres above floor level;
                      b.      be fitted with translucent glazing; or
                      c.      be fitted with a fixed external screen.
               18.    To ensure privacy is protected between adjoining properties, the window located on the
                      upper level southern building face of Units 5, 11 and 15 must either:
                      a.      have a minimum windowsill height or 1.7 metres above floor level;
                      b.      be fitted with translucent glazing; or
                      c.      be fitted with a fixed external screen.
               19.    The upper level balconies located on the western building face of Units 1 and 5 must include
                      either balcony planter boxes, 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 property. Any fixed external screen(s) must not extend more than 50% of the length
                      of the balcony.
               20.    The upper level balconies located on the eastern building face of Units 6, 7, 8, 9, 10 and 11
                      must include either balcony planter boxes, 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 property. Any fixed external screen(s) must not extend more than 50%
                      of the length of the balcony.
                      Street Identification
               21.    The street address of the development from Eumundi Noosa Road and Starboard Avene
                      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.
                      Fencing and Walls
               22.    The maximum height any fences adjoining a residential use must not exceed 2.0m above
                      the natural ground level at any point. Unless is required to satisfy the acoustic condition of
                      this notice and accepted as generally in accordance by Council.
               23.    Street fencing must be provided generally as shown on the Approved Plans, and not exceed
                      1.8 metres in height along Eumundi Noosa Road.
               24.    The area of land between the fence and the front property boundary must be densely
                      landscaped to screen any fencing from the street.
               25.    A privacy fence must be constructed to the full length of the development’s boundaries.

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               26.    The fence and any associated retaining walls along the boundary adjoining the side
                      boundaries of the subject land must be constructed to prevent nuisance from car head lights
                      and be acoustically constructed to limit the transfer of noise. Written certification must be
                      provided to Council confirming the acoustic treatments have been incorporated prior to the
                      sealing of the survey plan.
                      Clothes Drying Areas
               27.    Each dwelling must be provided with access to an outdoor clothesline which is screened from
                      public view (external to the development site) and where achievable, internal to the
                      Community Management Statement
               28.    Any proposed Community Management Statement required for the development pursuant to
                      the Body Corporate and Community Management Act 1997 must be submitted to Council for
                      endorsement at the same time as submission of the Building Format Plan (or similar) to
                      Council for compliance assessment.
               29.    All clauses and by-laws of the proposed Community Management Statement must accord
                      with the requirements of this Decision Notice and, in particular, must include the following
                      additional clauses:
                      a.      The site includes a stormwater management and water quality treatment system.
                      b.      The stormwater management and water quality treatment system must be maintained
                              in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater
                              Assets (Version 1).
                      c.      The full cost of maintaining the system in accordance with the Water by Design (2009)
                              Maintaining Vegetated Stormwater Assets (Version 1) must be included in the
                              proposed levies for each dwelling owner/body corporate.
                      Noise
               30.    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
                              i.        7am to 10pm: Maximum level allowable = background + 5dB(A)
                              ii.       10pm to 7am: Maximum level allowable = background + 3dB(A)
                      b.      Pumps, Service Room
                              i.        7am to 7pm: Maximum level allowable = background + 5dB(A)
                              ii.       7pm to 10pm: Maximum level allowable = background + 3dB(A)
                              iii.      10pm to 7am: No audible noise.
               31.    The certification must be submitted to Council, which certifies that operational noise from any
                      fixed plant and equipment complies and with the requirements of this Decision Notice.
                      Waste Storage
               32.    The refuse areas must be of muted environmental tones to reduce the visual impact of the
                      infrastructure in the streetscape and suitably screened by landscaping where viewed from
                      the street.
               33.    The developer must provide waste storage and disposal facilities in accordance with
                      Planning Scheme Policy 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. 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 must be designed to
                      prevent storm water entry to the sewerage system.




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               34.    Refuse containers must be provided in accordance with the requirements of the
                      Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
                      Regulation 2000, for the storage and collection of refuse.
               LANDSCAPING
                      Landscaping Works
               35.    The development site must be landscaped. The works must be undertaken in accordance
                      with an Operational Works approval and the Noosa Plan for that specific area and must
                      include in particular:
                      a.      the works shown on the approved landscape plans
                      b.      vegetated screening of any electrical transformers, bin storage areas and the like from
                              the road frontage
               36.    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.
               ENGINEERING
                      External Works
               37.    Eumundi Noosa Road 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 approval, be generally
                      in accordance with TOD Consulting’s Roadworks and Stormwater Layout Plan (24572-C030,
                      Rev. B) dated 30 April 2025 and must include in particular:
                      a.      construction of kerb and channelling and underground stormwater drainage to the
                              development side only;
                      b.      construction of a pedestrian footpath in accordance with the conditions of this Decision
                              Notice; and
                      c.      removal of the existing property 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
               38.    A sealed access driveway must be provided from Eumundi Noosa Road to all parking and
                      manoeuvring areas of the development. The works must be undertaken in accordance with
                      the conditions of this approval, be generally in accordance with TOD Consulting’s Roadworks
                      and Stormwater Layout Plan (24572-C030, Rev. B) dated 30 April 2025 and must include in
                      particular:
                      a.      a driveway crossover in accordance with RS-051.
                      Car Parking
               39.    A minimum of 34 car parking spaces must be provided and marked on the site. The works
                      must be undertaken in accordance with the conditions of this approval, be generally in
                      accordance with TOD Consulting’s Roadworks and Stormwater Layout Plan (24572-C030,
                      Rev. B) dated 30 April 2025 and must include in particular:
                      a.      4 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.
               40.    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.


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                      Pedestrian and Bicycle Facilities
               41.    Pedestrian and bicycle facilities must be provided for the development. The works must be
                      undertaken in accordance with the condition of this approval, be generally in accordance with
                      TOD Consulting’s Roadworks and Stormwater Layout Plan (24572-C030, Rev. B) dated 30
                      April 2025 and must include in particular:
                      a.      a 2.0 metre wide concrete footpath within the road verge for the entire length of the
                              site’s frontage to Eumundi Noosa Road.
                      Stormwater Drainage
               42.    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 approval,
                      be generally in accordance with the Approved Plans and the Queensland Urban Drainage
                      Manual.
               43.    Prior to Council attending the prestart meeting, submit and have approved by Council, an
                      amended revision of Engeny’s Stormwater Management Plan (BBNE00529_0002_0001-
                      REP-001-2) to include the following amendments:
                      a.      provide clarification on Section 4.1 with respect to the modelling of the proposed
                              detention tank within the townhouse site and gap flows that do not report to the existing
                              detention basin.
                      b.      provide clarification and justification on what climate change assumptions have been
                              adopted in Sections 4.2 and 4.3 and provide an amended non-worsening assessment
                              based on like-for-like scenarios, with respect to climate change assumptions, based on
                              the 1% AEP (2100) event.
                      c.      provide justification on how the gap flows in Section 4.3 have been calculated (for the
                              total 1% AEP flow), if the calculations are based on WBNM modelling or TOD
                              Consulting’s stormwater calculations, and how the resulting flow reports in Starboard
                              Avenue during the 1% AEP event.
                      Roofwater Capture and Reuse
               44.    Each dwelling is to be provided with 2kL of roofwater storage for a combined total of 30kL
                      across the development in accordance with Blackwood’s Ground Floor Plan (DA2.04, Rev.
                      E) dated 1 May 2025. The roofwater is to be plumbed for reuse for non-potable fixtures such
                      as:
                      a.      pool top-up;
                      b.      landscape irrigation; and
                      c.      other greywater uses.
                      Services
               45.    Underground reticulated electricity and telecommunication services must be provided to
                      each lot/unit in accordance with the standards and requirements of the relevant service
                      provider.
               46.    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.
               47.    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
               48.    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.

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               49.    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.
               50.    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
               51.    All earthworks and associated batters/retaining structures, both above and below ground
                      level, both temporary and permanent, must be undertaken in accordance with the conditions
                      of this approval, be generally in accordance with TOD Consulting’s Earthworks Layout Plan
                      (24572-C020, Rev. B) dated 30 April 2025 and contained entirely within the subject site
                      unless written permission from the respective landowner(s) is provided to Council.
               52.    All retaining walls must be designed and constructed in accordance with the planning scheme
                      and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
                      are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
                      safety fence.
                      Damage to Services and Assets
               53.    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.
               DEMOLITION WORK
                      Codes of Development
               54.    Unless specifically conditioned otherwise, all works must comply with the relevant acceptable
                      solutions as contained in the Waste Management Code and Water Quality and Drainage
                      Code of the Noosa Plan 2020.
                      Demolition Works
               55.    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
               56.    Adequate area must be provided on-site for the collection and separate storage of recyclable,
                      non-recyclable, vegetative and hazardous materials in their specific waste streams during
                      removal or demolition works.
               57.    All waste materials must be removed from the site to avoid causing unhealthy conditions,
                      with the site left clean, tidy and free from any debris.




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                      Water Quality and Drainage
               58.    Erosion and sediment control is to be undertaken in accordance with the requirements of the
                      Water Quality and Drainage Code of the Noosa Plan. Measures are to be installed and/or
                      maintained until soils are stabilised by 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).
                      Health and Safety
               59.    All building materials containing asbestos, including asbestos cement sheeting or roofing and
                      lagging, are removed from the building prior to demolition or relocation.
               60.    Removal of building materials containing asbestos must be undertaken by a licensed
                      asbestos removalist.
               61.    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.
               62.    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.
                      Plumbing and Drainage
               63.    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.




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                              DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (OPW24/0158)
               (ROADWORKS, DRAINAGE WORK, STORMWATER, EARTHWORKS AND EARTHWORKS)
               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. The plans must be amended to incorporate the
                      amendments listed within the table below and resubmitted to Council prior to the issue of any
                      Development Permit for Building Works*.

                        Plan No.           Rev.   Plan/Document Name                             Date

                        24572-C012           A    ROAD ALIGNMENT SETOUT PLAN AND                 23 January
                                                  TABLES                                         2025
                                                  Prepared by TOD Consulting

                        24572-C020           B    EARTHWORKS LAYOUT PLAN                         30 April 2025
                                                  Prepared by TOD Consulting

                        24572-C021           A    EARTHWORKS SECTIONS                            23 January
                                                                                                 2025
                                                  Prepared by TOD Consulting

                        24572-C022           B    RETAINING WALL LAYOUT PLAN                     30 April 2025
                                                  Prepared by TOD Consulting

                        24572-C023           A    RETAINING WALL DETAILS SHEET 1                 23 January
                                                                                                 2025
                                                  Prepared by TOD Consulting

                        24572-C024           A    RETAINING WALL DETAILS SHEET 2                 23 January
                                                                                                 2025
                                                  Prepared by TOD Consulting

                        24572-C031           B    PAVEMENT JOINTING LAYOUT PLAN                  30 April 2025
                                                  Prepared by TOD Consulting

                        24572-C032           A    PAVEMENT TYPICAL DETAILS                       23 January
                                                                                                 2025
                                                  Prepared by TOD Consulting

                        24572-C033           B    STORMWATER DRAINAGE                            30 April 2025
                                                  LONGITUDINAL SECTIONS (10% AEP)
                                                  Prepared by TOD Consulting

                        24572-C034           B    STORMWATER DRAINAGE                            30 April 2025
                                                  LONGITUDINAL SECTIONS (1% AEP)
                                                  Prepared by TOD Consulting

                        24572-C035           B    STORMWATER DRAINAGE                            30 April 2025
                                                  CATCHMENT PLAN
                                                  Prepared by TOD Consulting

                        24572-C040           A    ROAD LONGITUDINAL SECTIONS AND                 23 January
                                                  TYPICAL SECTIONS                               2025

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                                                    Prepared by TOD Consulting

                        24572-C041            A     ROAD CROSS SECTIONS EUMUNDI-                  23 January
                                                    NOOSA ROAD                                    2025
                                                    Prepared by TOD Consulting

                      The following plans require amendment.

                               Plan No.   Rev.      Plan/Document Name                            Date

                        24572-C030        B         ROADWORKS          AND     STORMWATER 30 April 2025
                                                    LAYOUT PLAN
                                                    Prepared by TOD Consulting

                        24175 OPW-02      C         PLANTING PLAN                                 6 May 2025
                                                    Prepared by Element Design

                        24175 OPW-03      C         PLANTING PLAN                                 6 May 2025
                                                    Prepared by Element Design

                        24175 OPW-04      C         PLANTING PLAN                                 6 May 2025
                                                    Prepared by Element Design

                        24175 OPW-05      C         PLANTING PLAN                                 6 May 2025
                                                    Prepared by Element Design

                        24175 OPW-06      C         PLANTING PLAN                                 6 May 2025
                                                    Prepared by Element Design

                        24175 OPW-07      C         PLANTING PLAN                                 6 May 2025
                                                    Prepared by Element Design

                        Amendments:       The above plans must be resubmitted to Council for agreement prior
                                          to a prestart meeting and incorporate the following amendments:
                                          2.       Each unit must be provided with a 2,000L roofwater storage tank.
                                                   The location of the tanks and associated drainage infrastructure
                                                   must be consistent across the Civil, Architectural and
                                                   Landscaping plans.

                        ED 24175 OPW-          C    Planting Plan prepared by Element Design      06/05/25
                        02

                        ED 24175 OPW-          C    Planting Plan prepared by Element Design      06/05/25
                        03

                        ED 24175 OPW-          C    Planting Plan prepared by Element Design      06/05/25
                        08

                        ED 24175 OPW-          C    Planting Plan prepared by Element Design      06/05/25
                        09




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                        ED 24175 OPW-   C        Details Plan prepared by Element Design        06/05/25
                        10

                        ED 24175 OPW-   C        Specifications Plan prepared by Element 06/05/25
                        12                       Design

                        ED 24175 OPW-   C        Planting Plan prepared by Element Design       06/05/25
                        04

                        ED 24175 OPW-   C        Planting Plan prepared by Element Design       06/05/25
                        05

                        Amendments          •    Landscape treatment along the eastern boundary adjacent
                                                 Lot 4 SP298783 and Lot 108 SP106085 is to incorporate the
                                                 following species at 1 metre centres to screen the
                                                 development from neighbouring properties:
                                            •    syzygium austral ‘Straight and narrow’
                                            •    Callistemon viminalis ‘Slim’.
                                            •    Updated landscape treatment within the 1 m wide retaining
                                                 wall garden that runs the length of the site north to south
                                                 behind units 12-15 inclusive. The treatment must include
                                                 additional tall species at 2.5 metres centres with the following
                                                 screening species:
                                            •    syzygium austral ‘Straight and narrow’
                                            •    syzygium ‘cascade’
                                            •    Callistemon viminalis ‘Slim’.
                                            •    Banksia integrifolia
                                            •    Tristaniopsis ‘Luscious

                        ED 24175 OPW-   C        Planting Plan prepared by Element Design       06/05/25
                        01

                        ED 24175 OPW-   C        Planting Plan prepared by Element Design       06/05/25
                        06

                        ED 24175 OPW-   C        Planting Plan prepared by Element Design       06/05/25
                        07

                        Amendments          •    Removal of pavers / steppers leading from each unit to the
                                                 footpath within Eumundi Noosa Road Reserve.
                                            •    Incorporation of addition tall shrubs within the boundary of
                                                 each unit on the western side of any boundary fencing at a
                                                 rate of 2 per unit frontage incorporating the following species:
                                                c.   Grevillea ‘Moonlight’
                                                d.   Grevillea ‘Honey Gem’
                                            •    Incorporation of 6 Banksia integrifolia spread evenly
                                                 throughout the road reserve revegetation area. Minimum pot
                                                 size to be 45litre.



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                        ED 24175 OPW-           C       Planting Plan prepared by Element Design      06/05/25
                        11

                        Amendments                  •   Update Plant schedule

               CURRENCY PERIOD
               3.     The Currency Period for this development approval lapses if the development has not
                      substantially started by 6 September 2027, unless an application to extend the currency
                      period is approved by Council.
               SITE SPECIFIC CONDITIONS
                      Bonds
               4.     A site control and/or compliance bond of $20,000 is to be submitted to Council prior to the
                      pre-start meeting. The pre-start meeting will only be held once Council's Construction
                      Engineering Officer has confirmation that the bond monies have been received by Council.
                      The bond will be refunded less any costs incurred by Council in ensuring compliance with
                      these conditions or any additional inspections incurred for substandard work or work
                      undertaken not in accordance with this permit.
               5.     Bonds must:
                      a.      meet the requirements of Council’s relevant Planning Scheme Policy for performance
                              and uncompleted works;
                      b.      be calculated using a schedule of works and relevant bond equation;
                      c.      have approval of the bond calculations and amount from Council prior to lodgement;
                      d.      be lodged with Council and accompanied by the Bond Administration Fee/s; and
                      e.      be requested for release by writing to Council when relevant approval requirements
                              have been met.
               PRIOR TO COMMENCEMENT OF WORKS
                      Engineering
               6.     Submit amended plans to Council as described by the conditions of this approval. Plans must
                      be submitted and approved prior to the pre-start meeting.
               7.     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.
               8.     Copies of the approved plans, duly signed by the consultant Registered Professional
                      Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer
                      Construction at the prestart meeting.
               9.     A condition report of the drainage system and end-of-line bioretention basin must be
                      completed for agreement at the prestart meeting. The condition report is to include:
                      a.      a CCTV inspection of the existing stormwater network commencing from the end-of-
                              line bioretention basin in Ely Street and continuing to the next upstream structure from
                              “EX4/4” (as identified on the Approved Plans); and
                      b.      a dilapidation report of the existing end-of-line bioretention basin in Ely St.
               10.    A condition report including photographs of the frontage of the site must be completed and
                      submitted to council at the prestart meeting / prior to any works commencing.
               11.    Certificates demonstrating currency of public liability insurance and works insurance covering
                      the works must be submitted to Council prior to the prestart meeting.


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               12.    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; and
                      d.      Arboreal works.
                      e.      Fauna management works.
                      f.      Landscape works.
                      g.      Other relevant parties.
               13.    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 vehicle and 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;
                                        and
                              iv.       adequate parking arrangements for construction workers;
                                        Note that Construction Vehicle Parking within the Eumundi Noosa Road
                                        Reserve is unlikely to be supported due to traffic safety and damages to
                                        Council and Department of Transport and Main Roads’ property. Any off-
                                        site parking proposal must provide owner’s consent and maintain
                                        adequate traffic and pedestrian safety.
                      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.      works programme identifying key components of the works and their respective
                              durations;
                      d.      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;
                      e.      include a post out to the local residents and businesses advising of the proposed
                              development, the expected time frames and the site contact details;
                      f.      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;
                      g.      identification of complaint management procedures including:
                              i.        contact details for the on-site manager; and
                              ii.       dispute resolution procedures; and
                      h.      details on the location of external fill/dump 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 shall be fully repaired at
                              the applicant’s expense.


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               14.    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.
               15.    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.
                      *(Refer to Advisory Note)
               Landscaping
               16.    Prior to requesting a prestart meeting:
                      a.      Receipt of amended plans approval.
                      b.      Tree protection fencing for vegetation within the road reserve must be installed under
                              the supervision of the qualified person*.
                      *(Refer to Advisory Note).
               DURING CONSTRUCTION
                      Engineering
               17.    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.
               18.    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.
               19.    All works must be constructed and work procedure undertaken in accordance with:
                      a.      the approved plans/documents and conditions detailed in this Decision Notice;
                      b.      all relevant Noosa Council Planning Scheme Policies, standard drawings, standard
                              specifications and guidelines; and
                      c.      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.
                      Roadworks (External Roadworks & Road Widening Works)
               20.    All pavement widening or construction of new pavement must join neatly to the existing
                      pavement so that there are no irregularities in line or level resulting at or adjacent to the join
                      for the length of the construction. Where necessary the existing pavement must be brought
                      to a satisfactory standard to allow for the above.
               21.    The installation and/or modification of any traffic signs, street signs, line marking and Raised
                      Reflective Pavement Markings (RRPMs) must be in accordance with the Manual of Uniform
                      Traffic Control Devices (MUTCD). New or relocated signage must be installed using the VLok
                      installation system. All new signage must be Class 1 retroreflective material in accordance
                      with AS 1906.1, Retroreflective materials and devices for road traffic control purposes – Part
                      1: Retroreflective sheeting.
               22.    The developer must notify Council’s Traffic Engineer for any works involving the removal or
                      modification of existing Council-owned traffic signs and/or parking bays prior to such works
                      commencing.
               23.    Root barriers are required to be installed behind the back of kerb for all new kerbs within 5m
                      of a trunk of a tree.

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                      Pavement Design and Construction
               24.    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
               25.    Safe pedestrian and vehicle 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.
               26.    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.
               27.    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
               28.    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.
                      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.
               29.    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
               30.    Driveway crossovers must be constructed in accordance with council’s Standard Drawings
                      RS-051.
               31.    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.
               32.    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.


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                      c.      Underground service conduits for water supply, electricity and any other services must
                              be provided as part of the access driveway
                      d.      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.
                      e.      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
               33.    All earthworks shall 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 shall be provided by a RPEQ and submitted to Council prior to Council signing
                      the Plan of Survey.
               34.    All earthworks and associated batters/retaining structures, both above and below ground
                      level, both temporary and permanent, must be contained entirely within the subject site
                      unless written permission from the respective landowner(s) is provided to Council.
               35.    Fall protection must be provided to retaining walls that are over 1m high.
               36.    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; and
                      d.      1 in 2 for combined structural engineering and planting solutions.
                      Stormwater Drainage
               37.    Appropriate scour protection must be provided at the outlet of all stormwater pipes including
                      temporary outlets.
               38.    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).
               39.    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
               40.    A ‘for construction’ Erosion and Sediment Control Plan (E&SCP) must be provided to
                      Council’s Delegate at least 2 weeks prior to the on-site pre-start meeting and prior to works
                      commencing. The E&SCP must:
                      a.      be prepared by a suitably qualified and experienced professional;
                      b.      be updated to reflect the current phase of the works (including clearing, earthworks,
                              civil construction, services installation and landscaping) and detail the type, location,
                              sequence and timing of measures and actions to effectively minimise erosion, manage
                              flows and capture sediment;
                      c.      be consistent with current best practice standards to the extent that the standards are
                              not inconsistent with the conditions of approval and taking into account all
                              environmental constraints including erosion hazard, season, climate, soil, and
                              proximity to waterways;
                      d.      provide sufficient detail regarding the manner in which compliance with all conditions
                              of this permit relating to E&SC is to be achieved;


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                      e.      include details of proposed flocculants and automatic dosing systems for sediment
                              basins, including jar testing results. Demonstrate the suitability of the proposed
                              flocculant having regard to the downstream receiving environment and water quality;
                              and
                      f.      include the results of all soil investigations undertaken for the site and on which the
                              E&SCP is based.
               41.    A construction hold point inspection with a Council delegate is required following the removal
                      of existing ground cover (i.e., grass) and prior to the commencement of the bulk earthworks.
                      At the time of the inspection, the erosion and sediment controls prescribed by the supervising
                      RPEQ or CPESC must be installed in accordance with current best practice standards.
                      Written certification from the supervising RPEQ or CPESC must be provided to Council
                      certifying that the on-site controls satisfy the conditions of this approval.
               42.    A logbook of all Erosion & Sediment Control (E&SC) activities must be prepared for the
                      development and maintained until the completion of the works. The logbook must be made
                      available to the Council upon request, within five (5) business days of the date of the request.
                      Each entry into the logbook must document the extent of works, the date the works occurred
                      and any observations or notes. It is expected that logbook entries may include, but are not
                      limited to:
                      a.      amendments to the E&SC plan(s);
                      b.      maintenance of any erosion and sediment controls;
                      c.      emptying of detention basins (with Discharge Authority Certificates);
                      d.      inspections by the supervising RPEQ or CPESC; or
                      e.      any breaches of sediment exiting the site.
               43.    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. These measures must be
                      designed, implemented and maintained in accordance with “Best Practice Erosion and
                      Sediment Control” published by the International Erosion Control Association (Australasian
                      Chapter) (IECA, 2008), to the extent that such measures and practices are also consistent
                      with the following:
                      a.      Minimise erosion:
                              i.        Restrict the extent of clearing to that necessary for access to and safe
                                        construction of the approved works;
                              ii.       Protect vegetation in all other areas of the site;
                             iii.       Minimise the duration of soil exposure by undertaking land clearing and
                                        stabilisation according to the rainfall erosion hazard as specified in IECA (2008)
                                        Tables 4.4.2 and 4.4.7
                             iv.        Prior to either the approval of the plan of survey for the development or
                                        commencement of use, all site surfaces are to be effectively stabilised using
                                        methods that 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.
                      b.      Manage concentrated stormwater flows:
                              i.        Implement drainage and erosion control measures (including contingency
                                        measures), prior to rainfall, which prevent or minimise rill erosion and gully
                                        erosion.

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                              ii.       Ensure clean stormwater is diverted/managed around or through the site
                                        without increasing the concentration of total suspended solids or other
                                        contaminants in the flow and without causing erosion (on-site or off-site). If it is
                                        not feasible to divert all areas discharging clean stormwater around or through
                                        the site, the clean stormwater runoff is managed in the same manner as
                                        contaminated stormwater runoff and ensures that sediment basins are sized to
                                        accommodate the additional volume of runoff.
                             iii.       Prior to each rainfall event ensure concentrated stormwater flow paths are
                                        provided with capacity in accordance with IECA (2008) Table 4.3.1 and do not
                                        cause water contamination, rill or gully erosion, sedimentation or damage to
                                        structures or property.
                      c.      Minimise sediment released from the site:
                              i.        All site sub-catchments greater than 2,500m2 in area, are to be provided with
                                        sediment controls which are designed, implemented and maintained to a
                                        standard which would achieve at least 80% of the average annual runoff volume
                                        of the contributing catchment treated (i.e. 80% hydrological effectiveness) to
                                        50mg/L Total Suspended Solids (TSS) or less, and pH in the range 6.5–8.5.
                                        Where this is proposed to be achieved through the use of sediment basins, the
                                        following applies:
                                        A. each basin is sized and operated in accordance with either a Type-A or
                                           Type-B sediment basin as documented in IECA (2008) Appendix B (June
                                           2018) unless otherwise justified, based on the contributing catchment area
                                           including undisturbed catchments which cannot be diverted;
                                        B. each Type-A or Type-B sediment basin is to be provided with an automated
                                           system of flocculant dosing and a suitable supply of flocculant/coagulant,
                                           with the type of flocculant/coagulant determined based on Chemical
                                           Coagulants and Flocculants Fact Sheet (IECA, 2018);
                                        C. markers are provided within each basin indicating the maximum sediment
                                           storage level and any additional water storage capacity for water reuse;
                                        D. during discharge from the primary outlet system, the concentration of total
                                           suspended solids (TSS) discharged does not exceed 50mg/L and that pH
                                           is within the range of 6.5-8.54. These discharge standards apply equally to
                                           any intentional release of any water captured or stored within the site;
                                        E. The hydraulic structures such as inlets, outlets, spillways must be
                                           structurally sound for the design events as specified in IECA (2008); and
                                        F.   The sediment basin is to be constructed and operational before any
                                             disturbance occurs in the catchment upslope of the basin. Accumulated
                                             sediment from basins and other controls is to be removed and disposed of
                                             appropriately without causing water contamination.
                              ii.       For site sub-catchments less than 2,500m2 in area and where it is not feasible
                                        to divert runoff from these small disturbed areas of the site to a sediment basin,
                                        compensatory erosion and sediment controls are implemented prior to rainfall
                                        to ensure that erosion of those of areas is minimised and Type 2 or Type 3
                                        sediment controls are provided in accordance with IECA (2008).
                             iii.       Controls are to be installed to minimise the tracking of dirt from the site onto
                                        roadways. Any dirt on roadways caused by vehicles leaving the site is to be
                                        removed without causing water contamination, prior to rainfall and at least at
                                        the end of each work day.
                      d.      Manage works within waterways:



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                              i.           Waterways, including perennial and permanent waterways, are not to be
                                           altered, nor riparian (including rehabilitated) vegetation disturbed without prior
                                           written approval of the relevant administering authority.
                              ii.          Work within waterways is to be:-
                                           A. only undertaken during the lower rainfall months;
                                           B. promptly rehabilitated conforming to the natural channel form, substrates
                                              and riparian vegetation as far as possible; and
                                           C. undertaken in accordance with Best Practice Erosion and Sediment
                                              Control, Appendix I – Instream works, Sections 14 and 16, (International
                                              Erosion Control Association, 2008).
                                    iii.   Temporary vehicular crossings of waterways are to be designed and
                                           constructed to convey flows for the 63%AEP and remain stable for all rainfall
                                           events up to the 10% AEP event of critical duration.
                                iv.        ESCs are not to be constructed within the riparian buffer zone, unless it is not
                                           feasible to site them elsewhere, and then only within cleared areas.
                      Damage to Services and Assets
               44.    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.
               LANDSCAPING
                      General
               45.    Where damage occurs to any Council asset as a result of the development works, it must be
                      repaired immediately where it creates a hazard that presents risk to person or property. Other
                      damage must be repaired prior to completion of works.
               46.    All works must be constructed, and work procedure undertaken in accordance with:
                      a.      The approved plans/documents and conditions detailed in this Decision Notice.
                      b.      The relevant conditions of the higher order Material Change of Use approval viz
                              MCU24/0125 to which this approval relates.
                      c.      All relevant Council Planning Scheme Policies, standard drawings, standard
                              specifications and guidelines.
                      Retention of Existing Trees and Vegetation
               47.    All trees and vegetation identified for retention must be protected in accordance with AS
                      4970, Protection of trees on development sites.
               48.    A qualified person * must be engaged for the duration of the works to:
                      a.      Oversee installation of all tree protection fencing prior to commencement of any works
                              onsite (including any clearing).
                      b.      Supervise tree protection within the development site and frontages, prior to, during
                              and following construction in accordance with AS 4970, Protection of trees on
                              development sites.




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                      c.      Supervise and undertake necessary tree protection for all trees affected by the
                              development on neighbouring Lots. This includes tree identified in the approved
                              arborist report as outside project scope within the neighbouring properties east of the
                              development site. Where trees within neighbouring properties are found to be unsafe
                              due to works relating to this development approval, the developer is solely responsible
                              for the removal and replacement of these trees.
                      d.      Oversee approved tree removal in proximity to retained trees.
                      e.      Undertake a risk assessment of all trees on neighbouring properties affected by the
                              development 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)

                      Fauna Management
               49.    A qualified person* must be engaged to manage fauna prior and during clearing to:
                      a.      Ensure works are carried out in accordance the Nature Conservation Act 1992.
                      b.      Undertake pre-clearing inspections including fauna relocation and removal or blocking
                              of all vacant hollows.
                      c.      Ensure clearing works avoids nesting times of animals and birds.
                      d.      Co-ordinate staging and sequence of clearing with fauna protection.
                      e.      Protect and recover fauna during clearing operations.
                      f.      Manage the translocation of animals and recovery procedures in accordance with
                              relevant legislation.
                      g.      Undertake protection works for mulching of any stockpiled vegetation.
                      *(Refer to Advisory Note)
                      Removal of Existing Trees and Vegetation
               50.    Removal of existing trees and vegetation must be undertaken by a qualified person* and
                      must include:
                      a.      Stump grinding to below finished surface level.
                      b.      Rectification to the finished surface levels and materials.
                      c.      No damage to other vegetation for retention.
                      d.      Legal disposal of all removed vegetation and debris.
                      *(Refer to Advisory Note)
                      Landscaping Works
               51.    Landscape works must be supervised, undertaken and certified by qualified persons*. All
                      works must be completed in accordance with this Decision Notice.
                      (* Refer to Advisory Note)
               52.    Where damage occurs to any Council asset as a result of the development works, it must be
                      repaired immediately where it creates a hazard that presents risk to person or property. Other
                      damage must be repaired prior to completion of works.
               53.    Landscape works must:
                      a.      Ensure amenity or sales signage and ancillary infrastructure (pavers or steppers) are
                              not installed within the road reserve.
                      b.      Ensure permanent irrigation is not installed within the road reserve.

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                      c.      Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of
                              foreign matter including anthropogenic waste, rock, soil/sediment contamination and is
                              applied to all planting areas to ensure a minimum 100mm depth once settled. *(Refer
                              to Advisory Notes)
               54.    Public amenity trees* must:
                      a.      Meet AS 2302 – Tree Stock for landscape use.
                      b.      Be located in accordance with engineering requirements for safe vehicle and
                              pedestrian sight lines.
                      *(Refer to Advisory Note)
               55.    Turfed areas must be free of pest, diseases and weeds and level with adjoining surfaces.
               FOLLOWING CONSTRUCTION
                      Bonds
               56.    Bonds must:
                      a.      Meet the requirements of the relevant Council Planning Scheme Policy for performance
                              and uncompleted works.
                      b.      Be calculated using a schedule of works and relevant bond equation.
                      c.      Include GST.
                      d.      Have approval of the bond calculations and amount from Council, prior to lodgement.
                      e.      Be lodged with Council and accompanied by the Bond Administration Fee/s.
                      f.      Be requested for release by writing to Council, when relevant approval requirements
                              have been met.
               57.    Performance Bonds must be lodged for:
                      a.      Streetscape Landscape.
                      On Maintenance
               58.    Maintenance periods* must be:
                      a.      12 months for Streetscape Landscape.
                      *(Refer to Advisory Note)
               59.    Prior to requesting an On Maintenance inspection, the following information package
                      (prepared by respective qualified persons* and certifying compliance with approvals) must
                      be submitted to Council:
                      a.      All required bonds.
                      b.      Landscaping certification.
                      c.      Tree certification in accordance with AS 2302 – Tree Stock for landscape use
               60.    On Maintenance management includes:
                      a.      Establishing and maintaining the works in accordance with the intent and requirements
                              of all approvals.
                      b.      To aesthetically compliment the surrounding local area.
                      c.      Rectification of works failing ‘on ground’ to a solution that still meets approval intents.
                      d.      Regular mowing, weeding and fertilising of grass areas.
                      e.      Mulching, fertilising and aeration of garden areas.
                      f.      Cleaning of all external surfaces including prompt removal of graffiti.
                      g.      Replacement of dead or poorly performing plants.
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                      h.      Repair and replacements of damaged landscape infrastructure (furniture and fixtures).
                      Off Maintenance
               61.    Prior to requesting an Off Maintenance inspection the following must be provided:
                      a.      Written request of bond release.
               62.    Off Maintenance Inspection must be requested:
                      a.      By contacting Council. *
                      b.      Only after lodgement of a completed Landscape Checklist and all other required
                              certification and documentation.
                      c.      Only after all works are confirmed in good order including:
                              i.        Remulching, fertilising and aeration of garden areas.
                              ii.       Replacement of plant material.
                              iii.      Removal of plant material impeding regulation sightlines.
                      *(Refer to Advisory Note)
               PRIOR TO THE COUNCIL SIGNING THE PLAN OF SURVEY
                      Certification
               63.    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.
               64.    A condition report of the drainage system and end-of-line bioretention basin must be
                      completed for agreement prior to the acceptance of “On Maintenance”. The condition report
                      is to include:
                      a.      a CCTV inspection of the existing stormwater network commencing from the end-of-
                              line bioretention basin in Ely Street and continuing to “FI2/4” (as identified on the
                              Approved Plans); and
                      b.      a dilapidation report of the existing end-of-line bioretention basin in Ely St.
                      As Constructed Plans and ADAC XML Files (Council)
               65.    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 shall 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:
                              i.        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;
                              ii.       Registered Cadastral Surveyor (Qld) in regard to the cadastral and locational
                                        information, levels and applicable survey datum.

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Page 37

                      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.
                      e.      Landscaping, including all assets and improvements within parks, open space and road
                              reserves areas are to be shown on an accompanying separate landscape plan
                              (prepared in .dwg file format with accompanying hardcopy PDFs) and include a
                              complaint ADAC XML file. Details of the landscaping and all associated assets and
                              improvements may be included in the ADAC XML digital file prepared for associated
                              civil infrastructure, or alternatively, be provided as a separate ADAC XML digital file
                              containing landscape and asset information only.
                      On Maintenance
               66.    All municipal works must be accepted ‘On Maintenance’ by Council in accordance with
                      Council’s relevant Planning Scheme Policy prior to plan sealing. 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
               67.    Prior to requesting an Off Maintenance inspection, the developer must provide a written
                      request for the Off Maintenance inspection.
               68.    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.
               69.    A final inspection and approval of the new driveway and completed reinstatement works by
                      Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the
                      inspection.




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Page 38

                                              RECONFIGURING A LOT (RAL24/0021)
                                                        (1 LOT INTO 15 LOTS)
                      When Conditions Must Be Complied With
               1.     Unless otherwise stated, all works required by the conditions of this Decision Notice must be
                      completed prior to the lodgement of a Plan Seal application.
                      Currency Period
               2.     This development approval lapses if the requirements of the conditions have not been
                      completed and an application for plan seal is not lodged with Council by 4 September 2029
                      unless an application to extend the currency period is approved by Council.
                      Approved Plans
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table/s below.

                        Plan No.               Rev.   Plan/Document Name                              Date

                        DA1.05                  E     Lot Plan prepared           by    Blackwood 1/05/2025
                                                      Architecture & Design

               4.     All lot numbering on the subdivision plan to be submitted to Council for compliance
                      assessment must remain as shown on the Approved Plans.
                      Boundary Encroachments
               5.     Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
                      certifies that:
                      a.      all constructed access and roadworks (including associated fill batters and retaining
                              walls) are fully contained within a dedicated reserve or registered easement.
                      b.      all utility services and connections (eg. electricity, telecommunications, water,
                              sewerage) are wholly located within the lot they serve or alternatively included within
                              an easement.
                      c.      all dams (including ponded water, dam walls and associated spillway structures) are
                              wholly located within the boundaries of a single lot.
                      d.      all retaining walls and structures are fully contained within the lot they retain unless
                              otherwise required by condition.
                      e.      any fill, including fill batters, are wholly contained within the subject site and not on
                              adjacent properties.
                      f.      for the community title scheme, the road pavement changes required by this Decision
                              Notice accurately demarcate the boundaries of the public and private land.
                      Water & Sewer Connections
               6.     An underground connection to reticulated water and sewerage must be provided to each
                      Multiple Dwelling in accordance with the standards and requirements of Northern SEQ
                      Distributor–Retailer Authority (Unitywater).
                      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 each Multiple Dwelling.
                      Services
               7.     Underground reticulated electricity and telecommunication services must be provided to
                      each lot in accordance with an approval for Operational Works and the standards and
                      requirements of the relevant service provider.

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               8.     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.
               9.     Certification must be submitted to Council from all relevant service providers (Energex, NBN)
                      which certifies that the development has met the requirements of this Decision Notice and
                      all applicable legislation at the time of construction.
                      Community Management Statement
               10.    Any proposed Community Management Statement required for the development pursuant to
                      the Body Corporate and Community Management Act 1997 must be submitted to Council for
                      endorsement at the same time as submission of the Building Format Plan (or similar) to
                      Council for compliance assessment.
               11.    All clauses and by-laws of the proposed Community Management Statement must accord
                      with the requirements of this Decision Notice and, in particular, must include the following
                      additional clauses:
                      a.      The site includes a stormwater management and water quality treatment system.
                      b.      The stormwater management and water quality treatment system must be maintained
                              in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater
                              Assets (Version 1).
                      c.      The full cost of maintaining the system in accordance with the Water by Design (2009)
                              Maintaining Vegetated Stormwater Assets (Version 1) must be included in the
                              proposed levies for each dwelling owner/body corporate.




                                                                                                     Page 39 of 39

Document Set ID: 23843933
Version: 14, Version Date: 05/09/2025

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