court appeal · 152004.240041.3

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“ . ‘

- os

  
   
 

 
 
  

DISTRICT COURT
OF QUEENSLAND

‘In the Planning and Environment Court No. D138 of 2005
25 AUG 2006 . :

Held at: Maroochydore

 

Between TOM HAMILTON Appellant

And NOOSA SHIRE COUNCIL Respondent

JUDGMENT

Before His Honour Judge DODDS
Date of Hearing:2S AUGOST 2006

Date of Judgment; 25 AUGUST 2006

UPON THE COURT BEING SATISFIED THAT that the appeal may proceed on the
basis of the amended plan identified as Plan Y30703.P29E prepared by Downes
Survey Group and dated 18 August 2006 on the basis that the change to the
application is a minor change for the purpose of section 4.1.52 of the Integrated
Planning Act 1997.

IT 1S ADJUDGED BY CONSENT that:

1. The appeal is allowed and the changed application for a development permit for
the reconfiguration of Lot 1 RP 166221, Lot 271 MCH 248, Lot 178 MCH 1038
and Lot 2 on RP 89110 is approved subject to those conditions contained in
Annexure-‘A’ to this order.

 

 

JUDGMENT . p&e Law
: 48 School Road

Filed on behalf of the Appellant Maroochydore Qld 4558
Phone: 07 5479 0155

Form PEC-8 Fax: 07 5479 5070

Ref: MBJ/1024

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‘
a

THE PARTIES CONSENT TO THIS JUDGMENT

a ee

Solicitor for the Appellant

LIKES

Solicitor for the Respondent

Filed: , as! § 106

Filed by: p&e Law

Service address: PO Box 2015, Sunshine Plaza Qld 4558 or
1 The Esplanade, Cotton Tree Qld 4558.

Telephone: 07 5479 0155

Facsimile: 07 5479-5070

 

 

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4

.

ANNEXURE A
TO ORDER OF PLANNING & ENVIRONMENT COURT DATED 25 AUGUST 2006

 

CONDITIONS OF APPROVAL
Development Application 23711 DA

 

 

Planning & Environment Court Appeal 138/2005

 

 

 

 

Name: Tom Hamilton

“PROPERTY DESCRIPTION / / t
Street , 274 - 378 Lawnville Road, Black Mountain
address: OO

Real property Lot 178 MCH1038, Lot 271 MCH248, Lot 1 RP166221 and Lot 2 RP 891110
description: oe

 

TOWNER DETAILS i

 

 

Thomas & Christine Hamilton

 

 

1ON TYPE i

Development . Development Details , Preliminary - Development
. Approval Permit

Lot Reconfiguration In accordance with the No Yes

approved plans identified in
the conditions.

 

 

;FURTHER DEVELOPMENT PERMITS REQUIRED !

Type of Development Permit required Subject of the required Development Permit

Operational Works ___ Site Civil Works, Roadworks, Stormwater Drainage,
: Frontage Works, Site Filling, Excavation of Materials to
fill another site, Landscaping.

 

CONDITIONS

 

 

 

General

1.

The lot reconfiguration shall be in accordance with the approved plan Y30703.P29E prepared
by Downs Survey Group, Consulting Surveyors & Planners dated 18/08/06.

The development may be undertaken in the following stages:

21 Stage1- Creating Lots 41 and 12 (including Covenant 'E' within Lot 12), Lots 100, 101
& 102 for Park purposes, and balance Lot 200 (including Easements A & B within Lot
200 to form a connection between the three park allotments).

2.2 Stage2- Creating Lot 1, 8 to 10, 13, 23 (including Covenant *F" within Lot 1), Lot 103
for Park purposes and balance Lot 200 (maintaining Easements A & B within Lot 200 to
continue to form a connection between Park. allotments 100, 101 & 102) and new road
reserve.

2.3 Stage3- Creating Lots 2 to 7, 21, 22, (including Covenant 'G’ within Lot 2 and
Covenant 'H’ within Lot 3), fot 104 for Park purposes and balance Lot 200 (maintaining
Easement A and B within Lot 200 to continue to form a connection between Park
allotments 102, 100 & 101) and new road reserve.

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2.4 Stage4- Creating Lots 14 to 20 (including Covenant 'I' within Lot 19) and Lots 105 and
106 for Park Purposes and new road reserve, whilst extinguishing Easements A and B.

3. For the purpose of these conditions, the following definitions apply: -

3.1. A Plan of Survey means the plan for the reconfiguration of a lot required to be endorsed
by Council pursuant to section 3.7.1 of the Integrated Planning Act 1997.

3.2. A registered Professional Civil Engineer means a civil engineer who is registered in
Queensland pursuant to the Professional Engineers Act 1988.

3.3. The person acting on this permit means any person or company who undertakes
development pursuant to this permit.

3.4. Principal Contractor means the person nominated by the Applicant and approved by the
Manager - Land Development at a pre-start meeting as being responsible for the major
component of works associated with a Development Permit for Operational Works of any
works an the site.

4, Pursuant.to section 3.5.21(6) of the Integrated Planning Act 1997, the currency period is four
(4) years from the day this permit takes effect during which time alt conditions must have been
complied with (despite whether the development is developed in stages) and the Plan of
Survey lodged with the Council for endorsement.

~ 5. In conjunction with the lodgment of the Plan of Survey for Council endorsement, legal
documentation shall be presented to Council and shall be submitted in the correct form with the
fees prescribed in Council's adopted fee schedule.

6. Prior to Council endorsing the Plan of Survey, a duly executed copy of any required Grant of
Easement shall be submitted to Council for perusal. Any changes required by Council's solicitor
shall be attended to prior to endorsing the Plan of Survey. Any necessary Titles Office forms
requiring the consent of Council are to be submitted prior to endorsing the Plan of Survey.

7. Prior to the endorsement of the Plan of Survey, the Applicant's solicitor shall give Council's
solicitor an appropriate undertaking in writing that in conjunction with lodgment of the Plan of
Survey at the Land Titles Office, the Title Deed and the easement documents will also be
fodged and any additional Titles Office forms or requisitions requiring the consent of Council
being attended to forthwith.

8. Pursuant to section 3.7.3(3)(b) of the Integrated Planning Act, all outstanding rates and charges
due and payable to Noosa Council in respect of the lots being reconfigured shall be paid prior
to endorsement of the Plan of Survey.

9. Prior to Council endorsing the Plan of Survey, a certificate from a registered Professional Civil
Engineer shall be submitted to Council for each Development Permit for Operational Works
issued pursuant to this permit. The engineer shall certify that he has supervised those works
and that they have been completed in a workman like manner in accordance with good
engineering practice and in accordance with that permit.

Dedications

10. With the endorsement of any Plan of Survey (whether it be for any stage or alt stages of the
development), the land indicated as Park (Lots 100, 101, 102, 103, 104, 105 & 106) on
approved plans shall be dedicated to Council as Reserve - Environmental Purposes at no cost
to Council. :

41. All new road reserves shall be created as shown on the approved plan at no cost to Council.
The road reserves shall be dedicated as required in the staging pians.

Contributions
12. DELETED
Roadworks

13. The unsealed section of Lawnville Road, westward from the existing 6 metre seal on
the eastern section of Lawnville Road (at Crows Ash Lane intersection) to and
including the unsealed portion of the intersection with Cooroy Belli Park Road shall be
upgraded to a Local Road standard in accordance with Council's Engineering Design

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Standards. In this case, a 6 metre wide seal on a 6 metre wide formation with sealed
shoulders and line marking shall be provided at no cost to Council.

14. Prior to endorsement of Stages 2, 3 or 4, a new T-intersection shail be constructed with
Lawnville Road and the development site in accordance with Council's standards and
requirements with clear sight lines of 115 metres in each direction. Where vegetation needs to
be removed to maintain these sight lines, new vegetation shall be planted outside of the area
required for the sight lines to ensure the rural vegetated character of the area is maintained.

45. Full engineering details of all roadworks and any associated works (such as clearing,
revegetating, drainage works, etc.) shall be submitted to Council prior to obtaining a
Development Permit for Operational Works.

16. . The main internal road to serve the proposed allotments, which runs between
Lawnville Road and the new internal intersection (at the junction of Lots 20, 22 &
Park), shall be constructed to a Local Road standard whereas the remaining internal
roads shall only be constructed to an Access Road standard.

These standard of roads are defined below and shall all be constructed in accordance
with Council's Engineering Design Standards: |

Access Road: 6 metre wide AC or 2 coat seal pavement on a 6 metre formation with
a design traffic loading of 5.0 x 10* ESA's within a 20 metre wide road
reserve. uae

Local Road: 6 metre wide AC or 2 coat seal pavement kerb to kerb with a design
traffic loading of 1.0 x 10° ESA's within a 20 metre wide road reserve.

17. Steep road designs shall be avoided with all internal roads aiming to achieve a
maximum longitudinal grade of 16%, and shall enable pedestrian walking
convenience.

18, The internal road design shall aim to reduce the amount of visual scarring caused by
excessive earthworks and shall incorporate an extensive tree planting scheme to
prevent any visual scarring that may result from these earthworks.

49. Cul-de-sacs shall be constructed at the end of all dead end roads generally in
accordance with Council's Engineering Standard Drawing No 9038 or with a “Y' or °T'
type termination to the satisfaction of Councils refuse collection service provider. The
type of turnaround shall be determined at the operational works design stage to best
fit the natural terrain and minimise impact of earthworks at the turnaround.

20. All roads shall be designed and constructed to levels that minimise earthworks, to
smoothly transition to and from one another. All roads shall also be designed in
accordance with the requirements of Queensland Urban Drainage Manual (QUDM) for
Stormwater drainage design (including culvert crossings) with the exception of the
piped drainage system, which shall be designed to cater for a Q5 event in accordance
with Council's Engineering Standards. The major storm event shall be the 1 in 100
year design storm (Q100).

24. The use of flush kerbing will not be permitted along private parcel frontages.

22. To enhance the streetscape, the new road reserves shall be landscaped in accordance with
Planning Scheme Policy PSP01 Landscaping guidelines.

To this extent properly prepared landscaping plans shall be prepared by a qualified Landscape
Architect-or qualified horticutturist and submitted to Council for approval in conjunction with an
application for any Development Permit for Operational Works incorporating landscaping.
Where other permits for Operational Works for roads, drainage or access are required, the
jandscaping layout shall be based on approved drawings for those Operational Works. The
landscaping plans are to address:

22.1. Street tree planting

22.2. Road & service locations

22.3. Vegetating parkland areas

22.4. Existing vegetation to be retained

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22.5. Measures employed to ensure vegetation retention.
22.6. Removal of undesirable species.

Such landscaping is to be completed in accordance with the approved landscaping plan prior to
acceptance of the development On Maintenance and maintained thereafter for a two-year
period to the reasonable satisfaction of the Manager - Land Development.

A Development Permit for Operational Works covering landscaping must.be obtained prior to
the commencement of any landscaping works. :

Access / Crossover Driveways & Internal Driveways

23. A 3.0 metre wide 2 coat seal access driveway / cross over driveway shall be constructed to all
battleaxe allotments (Lots 2, 3, 16 & 19) in accordance with Council's Standard Drawing 9040.
These driveways shall then continue at a minimum width of 3 metres along the full length of the
access handle up to the main body of the allotment.

24. All battle-axe access handles shall be at least 4.5 metres wide, unless a greater width is
specified herein.

25. All access easements, such as that which is required to serve proposed Lot 4, 7, 15 & 21 shall
be a minimum of 10 metres wide and constructed with a 3 metre wide 2 coat seal driveway up
to the main body of the allotment.

26. Passing bays shall be provided on any driveway in excess of 80 metres in length generally-in
accordance with Council's Standard Drawing 9035, and depending on the overall length of the
driveway shall be provided at least every 100 metres. .

27.. Driveways shall be constructed in accordance with the requirements of AS/NZS 2890:
2004 - Parking Facilities Part 1: Off street car parking" for domestic driveways, and
shall be sealed where the grade exceeds 16%. :

27.1 In addition, the driveways serving Lots 9 and 23 must be constructed from the road carriageway
onto each of the lots for a minimum distance of at least 10 metres. The works must include the
following:

(a) Construction of a 3m wide pavement, with passing opportunities provided as necessary
in accordance with Queensland Streets.

(b) Achievement of sight distances onto Lawnville Road of 115m, or in accordance with
Austroads.

(c) Minimum driveway construction of compacted gravel 100mm thick minimum.

(d) | Where driveway grades exceed 16%, compacted gravel must be 200mm thick minimum
and must be provided with a two coat seal. ,

(e) Lot 9 driveway shall be sealed to ensure a minimum separation distance of 60 metres
from the house on Lot 1on RP891110 to the unsealed section to control potential impacts
from dust.

28. All driveway designs shall aim to reduce the amount of visual scarring caused by excessive
earthworks and shall. incorporate an extensive tree-planting scheme to prevent any visual
scarring that may result from these earthworks.

Pedestrian Paths, Bike Paths & Bridle Trails /

29. An internal pathway network shall be provided throughout the proposed Park area (within Lots
1400 to 106) prior to its dedication to the Council. The alignment of this path shall be determined
in consultation with Council's Environmental Services Section and Council's Construction
Technical Officer - Land Development (07 5449 5261) to ensure loss of any vegetation is
minimized and this shall be determined prior to lodging any Operational Works applications.

The path shall be constructed from materials that blend with the natural bush setting, such'as
an earth/gravel pathway, with a minimum width of 1.2 metres. In addition a 500mm wide strip of
compacted road base (or similar material) shall be provided either side of the path to keep the
path intact and to achieve an overall width of 2.2 metres to enable Council vegetation
maintenance vehicles to also obtain access. Appropriate drainage shall be installed under the
trail, wherever necessary, to divert any overland Stormwater from eroding the path. A
Development Permit for Operational Works shall be obtained for these works.

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Metes & Bounds Description

30. A plan with metes and bounds description shall be provided for each proposed
allotment clearly illustrating all possible House Site Areas available by excluding:

30.1 All land affected by the Q100 flood event, and
30.2 Allland affected by landslip, and
30.3. All land within 10 metres of the boundaries to each lot, and

30.4 All land that cannot be served by a driveway that complies with ASINZS 2890.1: 2004 -
“Parking Facilities Part 1: Off-street car parking" for domestic driveways, and

30.5 All land with a slope of 20% or greater.

31. The applicant will supply certification by a Registered Practicing Engineer Queensland (RPEQ)
that all house sites indicated by the metes and bounds plans are safe from landslip.

32. An assessment will be made. by a suitably qualified person on the level of potential bush fire
hazard on the subject land. Prior to the survey plan sealing for each stage, a Bush Fire
Management report will be prepared for those allotments identified as being within a Bush Fire
Prone area. All development on allotments identified as being within a Bush Fire Prone area
must comply with and be maintained in accordance with the recommendations of the Bush Fire
Management report. A property notation to this effect will be placed on allotments identified as
being within a Bush Fire Prone area.

33. Aplan with metes and bounds description shall be provided for each proposed allotment clearly
illustrating all possible Effluent Disposal Areas available by excluding:

33.1. Allland affected by the Q100 flood event, and

33.2. All land within the minimum setback areas as defined by the latest versions of the
Department of Natural Resources & Mines - On-site Sewerage Facilities Guidelines for
Vertical & Horizontal Separation Distances based an each allotment treating effluent toa
minimum standard of Secondary Quality, and

33.3, Allland with a slope of 20% or greater, and
33.4. All land that is less than 400 m? in area due to the above listed constraints.
Effluent

34. All future effluent disposal systems an each allotment must treat effluent at least to a
Secondary Quality as defined by the latest version of the Department of Natural Resources &
Mines - On-site Sewerage Facilities Guidelines for Effluent Quality.

35. Prior to Council endorsing the Plan of Survey, any existing dwelling to remain an site, such as
the dwellings located on proposed Lot 10 and Lot 12, shall have its' existing effluent disposal
system upgraded to comply with Council's Planning Scheme Policy PSP29. The applicant is
advised that disposal areas should be located on slopes less than 20%, with cut-off drains
provided around the effluent disposal areas to prevent Stormwater runoff entering the disposal
area, and constructed so as not to cause surface erosion or land instability.

Flooding

36. Prior to endorsement of the Plan of Survey for each stage, a RPEQ specializing in hydraulic
modeling and flood analysis shall provide certification that the development creates flood free
house sites.

Earthworks

37. Earthworks shall be kept to a minimum and generally contained within road reserves as
opposed to extending into the proposed allotments. Where earthworks are required for the
provision of services, existing contours shall be restored.

38. Any fill imported to the site may only be from a site licensed with the Environmental Protection
Agency or from a site for which a Development Permit for Operational Works has been issued
approving the export of fill. .

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39. A registered practicing Geotechnical Engineer shall test the existing ground conditions for
suitability of placing additional fill, prior to such fill being placed.

40. Fill shall be compacted to 95% relative dry density as per Main Roads Department Test No.
QBA. A registered practicing Geotechnical Engineer shall supervise the placement of all fill and
shail certify that the fill material has been compacted to the required standard.

44. Any existing fill or natural materials on the site or within the extent of approved works external
to the site which do not satisfy the Manager - Land Development's or a Geotechnical Engineer's
requirements, shall be removed and replaced with suitable material.

Services

42. Easements shall be created over all services to be located within private property in
accordance with Council's Engineering Design Standards.

43. Conduits and kerb markers shall be installed for all necessary service crossings of roads to
Council's satisfaction. An "As Constructed” plan showing the locations of the conduits shall be
submitted to Council prior to acceptance of the works "On Maintenance”.

44. All sag points in trenches excavated for the installation of underground Infrastructure shall be
drained to a drainage pit.

45, Subsoil drains shall be used to ensure pits, manholes or other structures do not dam trenches.

46. Any alteration of a public utility or other facility necessitated by the development of the Jand or
associated construction works either internal or external to the site shall be at no cost to
Council.

Power Supply

47. An overhead power supply shall be provided to each of the proposed lots. No vegetation shall
be cleared as a consequence of providing overhead power supply. In’ this regard the alignment
of the new power supply shall be positioned to minimise vegetation impacts by positioning
overhead power lines in unvegetated sections and on the un-vegetated sides of the roads.

To this extent, an approved ENERGEX Electrical Design Consultant shail work in conjunction
with Council's Manager - Works Support to prepare detailed designs of the electrical proposal.

The detailed deigns shall then be submitted to ENERGEX for approval and a copy of their _
approval submitted to Council in conjunction with a "Certificate of Electricity Supply for
Proposed Subdivisions” (prepared by an approved ENERGEX Electrical design Consultant)
prior to Council endorsing the Plan of Survey.

Any agreement with ENERGEX or an approved ENERGEX Electrical Design Consultant shall
be wholly at the applicant's expense and shall not entail a financial encumbrance on future
purchasers of the proposed lots. ,

48 All proposed buildings sites shall be clear of overhead power lines.

49. ‘The existing power line on proposed Lot 23 shall be relocated to ensure 40 metres separation |
from the proposed house site. The proposed house site location shall be approved by Council
prior to approval of the operational works permit relating to Stage 2.

Telecommunication

50. The requirements for TELECOMMUNICATION services shall be satisfied in relation to the
provision of new telephone services to the proposed lots, In this regard written confirmation
from an approved telecommunication agency shall be submitted to the Council prior to Council
endorsing the Plan of Survey.

Stormwater Drainage

51. All lots that fall away from the street, towards the natural. vegetated gullies at the rear of the
allotment, shall discharge into these gullies. This Stormwater discharge shall be spread over at
jeast two separate points from each allotment and provided with scour protection to avoid
erosion and the risk of slope instability.

52. Plans detailing the proposed site drainage network including plans and longitudinal sections of
pipelines, the location of pits, pipe invert and pit surface levels, junction details, size and class
of pipes, trench conditions and details of surface flow paths together with tabulated hydrologic

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and hydraulic calculations that detail the drainage network and the capacities of the various
surface flow regimes shall be submitted to the Council for approval prior to obtaining a
Development Permit for Operational Works. Where flows are in excess of 100 litres/second
then a hydraulic grade line analysis will be required.

53. Stormwater is to be disposed of on site so as to cause no scouring, no damage to adjoining
properties, and no risk of causing slope instability to the reasonable satisfaction of the
Manager- Land Development. A Development Permit for Building Works shall not be granted
until a Development Permit for Operational Works has been issued in regard to the drainage
scheme.

54. The design plans are to show how Stormwater runoff within and from the site is to be controlled
both during construction and permanently. The plans are to indicate measures to be taken to
prevent erosion, slope instability and the export of sediment from the site and will embrace the
principles set out in the Institution of Engineers Australia Engineering Guidelines for
Queensland Soi! Erosion and Sediment Control, June 1996.

Environmental

55. The applicant shall submit a botanist report by a qualified and experienced individual, which
gives a detailed account of the plant species and vegetation community structure of the site in
conjunction with the operational works. The botanist report should specifically search for any
Rare or Threatened flora species. Retention of these Species is a requirement of the
development. :

56. A Vegetation Management Plan (VMP) shall be submitted for Council approval for the site that
addresses weed removal and control, rehabilitation of existing vegetation communities and
revegetation strategies for degraded areas of the site, which is to be undertaken by the
applicant. The works required in each stage by the VMP shall be completed prior to the
endorsement of the Survey Plan for that stage, with the exception of the park areas. The works
in the park areas required by the VMP shall be completed prior to commencement of Stages 3
& 4 of the development.

57. All mapped vegetation communities shall be afforded long-term protection through park
dedication and covenants as depicted on the approved plans.

58. An environmental maintenance period of 2 years shall commence after all declared and
environmental weeds have been removed from the property and Council's Vegetation
Management Officer shall sign the maintenance period on and off after successful eradication.
To this extent the Vegetation Management Officer has the discretion to pause the maintenance
period if work has not been carried out as instructed or if lengthy time delays occur.

59. — if there is any cleared vegetation it shall be suitably processed by one of the following methods
and removed from the site:

59.1. Processing through a wood-chipper or shredder. The resulting mulch-is to be stockpiled
loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a minimum
of 10 metres between edges of heaps.

59.2. Disposal for firewood.
59.3. Disposal for landscaping purposes.

59.4. Transport to alternative site for breaking down materials provided that all necessary
permits have been obtained to allow the alternate site to be used for this purpose.

The disposal method for clearing works is to be submitted in conjunction with an
application for a Development Permit far Operational Work. The Applicant is advised that
other methods may be considered provided full details of the method are submitted.

The Applicant is also advised that burning off is an unacceptable method of disposal.

60. To protect the environment against siltation/sediment export or soil erosion as a result of this
development, an erosion and sediment control plan shall be submitted in conjunction with any
Development Permit for Operational Works. Site contro] measures such as silt fencing,
controlled gravel access to the site and controlled disposal of waste, may be necessary.

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61. All physical site control measures shall be installed and maintained until alt Operational Works
have been completed and accepted on maintenance. The erosion and sediment control plan
must be adhered to at all times. :

Security / Bonds

62. Prior to commencement of any Operational Works arising out of this permit, security in the sum
of $100,000 must be lodged with Noosa Council, to secure performance of all conditions of this
permit. The security shall be in the form of cash or unconditional trading bank guarantee .
acceptable to the Manager Land Development.

The security will be returned upon satisfactory performance of all the conditions of this permit
and any other related development permits for Operational Works, less any costs incurred by
Council in ensuring compliance with these conditions or for any additional inspections incurred
far substandard work or work undertaken not In accordance with this permit.

Signage

63. The proposed names of new roads (public and private) and Parks shall be lodged with the
application far a Development Permit for Operational Works.

Names are to be selected from any of the following categories:
63.1. Easily pronounced words of Murri languages.
63.2. Names or words of local significance or historical interest.

63.3. Flora, fauna, industry, topographical, geological and similar features and terms relative to
the district.

63.4. Surnames of persons of merit or historical significance. (Personal names should be
avoided.)

Approval will not be given to a name that is the same or similar to the name of another road in
the Shire, or of a road in close proximity in a neighbouring Shire. Names that are not easily
pronounced, or may cause confusion to emergency services are to be avoided.

64, All street signs on new roads (public and private) and parks shail be erected prior to works
being accepted on maintenance. :

. Survey

65. Where. existing road boundaries are less than 9 metres from existing or proposed road
centerlines, or less than 3 metres from the toe or top of batters of existing or proposed roads,
the lot layout shall be amended to provide sufficient land in road reserves to achieve these
clearances. .

Where existing fences are within existing or proposed road reserves, they shall be removed
and reerected an the correct alignment. Any building or other structure erected within a road
reserve shall be removed.

Prior to endorsement of the Plan of Survey, the Applicant shall submit to Council a certification
of compliance from a Licensed Surveyor.

66. Prior to endorsement of the Plan of Survey, a-State Survey Mark shail be provided within the
road reserve in the vicinity of the intersection of the main internal road with Lawnville Road. A
second State Survey Mark shall be provided in the road reserve where the 3 internal roads
intersect (near Lot 20). The two Survey Marks shall be leveled and located to the requirements
of Council's Works Directorate and a ‘Form 6' shall be submitted for Council's records.

Each State or other Permanent Survey Mark shall be installed clear of overhead vegetation,
making it suitable for Global Positioning Equipment, and accurately connected to at léast one
real property corner by a Licensed Surveyor. .

67. As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer
for design intent, and a Licensed Surveyor shall certify the cadastre and the location, tevel and
type of all services and structures. All of which shall be submitted to Council for checking and
for Council's records.

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The data must fully detail levels for all engineering works including but not limited to drainage
structures, finished ground levels and pavement surface levels. The data shall be submitted in
the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC
are available at www.adac.cam.au).

Approval of works shall not be granted until all “As Constructed” information has been supplied
and accepted by Council.

General Engineering

68. For the following classes of work associated with development, a Development Permit for
Operational Works must be obtained prior to commencement of works relating to that class of
work. The application may combine any or all of these classes of work: -

68.1. Site Civil Works

68.2. Roadworks

68.3. Stormwater Drainage

68.4. Frontage works

68.5. Site Filling

68.6, Excavation of materials to fill another site
68,7. Landscaping .

69. A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
specifications for all engineering works, which shall be submitted in conjunction with an
application for a Development Permit for Operational Works. In this regard a DXF/DWG file on
GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with any
application for Operational Works.

70. Digital detaited design drawings and calculations shall be submitted with any application for a
Development Permit for Operational Works in respect of roadworks and Stormwater drainage
works. To avoid conflict with underground pipes or services, all existing and proposed services
required by the development shall be shown on the plans.

71. To facilitate production of “As Constructed” drawings it is suggested that all design drawings
are submitted in the Asset Design and As Constructed (ADAC) digital format.

72. A programme of works shall be submitted with any application for any Development Permit for
Operational Works detailing the construction schedule and proposed environmental protection,
measures. . ‘

Where the program is changed for any reason whatsoever, a copy of the revised program shall
be submitted to Council's Works Inspector within seven (7) days.

73. Where Operational Works are likely to affect Nearby residents, at least 3 days notice of
commencement of work, the name of the site supervisor, and a 24 hour contact.telephone
number shall be distributed to affected residents.

74. The person acting on this permit shall apply and obtain for all other necessary permits including
crane permits, road opening permits, hoarding permits, footpath occupation permits and/or any
other approvals required under any other Act.

75. The transportation of all materials to and from the site shall be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying materials either to or
from the site shall be covered to prevent materials including dust being windblown from the
vehicle. :

76. The following steps shalt be undertaken prior to commencement of any construction:

76.1. The Principal Contractor shall give Council's Inspector seven (7) days' notice of intention .
to commence works.

76.2.. The Principal Contractor or any of his subcontractors shall not undertake any works
unless each contractor has public liability insurance in the sum of $10,000,000 and
copies of current public liability insurance policies are submitted to Council's inspector.

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76.3. The Principal Contractor shall nominate a site representative and give a telephone
number that can reach the site representative at any time during a 24-hour day.

76.4. The site representative shall arrange to meet on-site with Council's Inspector to obtain
Council's requirements for construction of access.

76.5. All signage, including that for safety during construction, shall be in accordance with the
Manual of Uniform Traffic Control Devices and Department of Transport (Main Roads
Division) Roadworks Signing Guide.

ADVICE FOR INFORMATION PURPOSES ONLY AND ARE NOT CONDITIONS OF APPROVAL

1. Payment via credit card transaction will not be an acceptable method of payment for
development contributions conditioned in this permit.

2. The following property notation (or similar) shall be placed on Council's rates records for all
proposed lots to advise prospective purchasers that:

3. “On site domestic waste must be disposed of on site to a secondary treatment standard or
greater as defined by the latest version of the Department of Natural Resources & Mines - On-
site Sewerage Facilities Guidelines far Effluent Quality. In addition disposal areas shall be
located on slopes less than 20%, with cut-off drains provided around the effluent disposal areas
to prevent Stormwater runoff entering the disposal area, and constructed so as not to cause
surface erosign or tand instability."

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