Council archive · source document
Decision Notice OPW23 0179 · OPW23/0179
Officer: Morgan Gaffney
Direct Telephone: 07 5329 3670
Our Reference: OPW23/0179
Your Reference: 220508
5 April 2024
CE Cullen & M Cullen
C/- DME Projects
POBox 7481
SIPPY DOWNS QLD 4556
[email protected]
Dear Sir,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 4 April 2024, Council decided to approve the
application subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: OPW23/0179
Street address: 128 Gympie Tce Noosaville Qld 4566
Real property description: Lot 1 MCH 3881
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Operational Works - Carparking, Drainage Works, Earthworks,
Landscaping, Stormwater
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
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.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Plan No. Rev. Plan/Document Name Date
220508-03 E Proposed Layout Driveway and Basement 25/02/24
220508-04 E Proposed Layout Ground Floor 25/02/24
220508-05A E Stormwater and Surface Details Ground Surfaces 25/02/24
220508-05B E Stormwater and Surface Details Basement 25/02/24
220508-06 E Driveway and Basement Access Details 25/02/24
220508-07 E Earthworks Sections 1 of 2 25/02/24
220508-09 E Earthworks Sections 2 of 2 25/02/24
LP000 B Cover Page 19/02/24
LP001 B Schedule of Drawings and Context Plan 19/02/24
LP002 B Schedule of Finishes 19/02/24
LP003 B Schedule of Finishes 19/02/24
LP004 B Schedule of Finishes 19/02/24
LP005 B Planting Schedule & General Notes 19/02/24
LP101 B Set Out Plan – Ground Front 19/02/24
LP102 B Set Out Plan – Ground Rear 19/02/24
LP103 B Set Out Plan – First Floor 19/02/24
LP201 B Surfaces Plan – Ground Front 19/02/24
LP202 B Surfaces Plan – Ground Back 19/02/24
LP203 B Surfaces Plan – First Floor 19/02/24
LP301 B Planting Plan – Trees, Palms, & Large Shrubs – 19/02/24
Ground Front
LP302 B Planting Plan – Trees, Palms, & Large Shrubs – 19/02/24
Ground Back
LP303 B Planting Plan – Trees, Palms, & Large Shrubs – First 19/02/24
Floor
LP304 B Planting Plan – Climbers & Orchids – Ground Front 19/02/24
LP305 B Planting Plan – Climbers & Orchids – Ground Back 19/02/24
LP306 B Planting Plan – Climbers & Orchids – First Floor 19/02/24
LP307 B Planting Plan – Shrubs – Ground Front 19/02/24
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LP308 B Planting Plan – Shrubs – Ground Back 19/02/24
LP309 B Planting Plan – Shrubs – First Floor 19/02/24
LP310 B Planting Plan – Ground Covers – Ground Front 19/02/24
LP311 B Planting Plan – Ground Covers – Ground Back 19/02/24
LP312 B Planting Plan – Ground Covers – First Floor 19/02/24
LP401 B Landscape Details 19/02/24
LP402 B Landscape Details 19/02/24
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 4 April 2026, unless an application to extend the currency period is
approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
3. Prior to the Prestart Meeting, submit and have approved by Council an amended Dewatering
and Acid Sulfate Management Plan. The document is to be prepared and certified by a
suitably qualified Registered Professional Engineer Queensland (RPEQ) and demonstrate
how Acid Sulfate affected water encountered during excavation will be treated and disposed
of. The following specific amendments are to be included:
a. The DMP states that the shoring design is provided in Appendix C – however only the
civil engineering plans are provided. Include plans which show the location and type of
temporary shoring, groundwater spears, treatment and monitoring equipment location
and space requirements. Why do the structural engineering plans (provided
separately) only show shoring on 3 sides of the excavation? The type of CFA piling
(contiguous or secant) should also be stated on plan.
b. Remove references to ‘steel sheet piling’ on page 10 and refer to CFA secant piling.
Please note that the references should reflect the proposed method or the alternate
method chosen by the civil engineer.
c. Update section 6.5.2 and 6.5.3 (Water Quality Monitoring) to include continuous
monitoring of pH and dissolved oxygen at the release point from the treatment system.
Total iron and aluminium are to be sampled where identified in the document as ‘if
required’.
d. Update the figure in Appendix A to also show the stormwater network and specifically
the stormwater pit which the dewatering system will discharge into and the outlet
headwall.
e. Update section 6.4.3 to identify that discharge is to the stormwater network prior to
entering the canal system.
f. There seems to be plenty of room in the frontage of the site for establishing a
groundwater monitoring bore outside of the excavation and shoring system in which to
monitoring groundwater drawdown and quality. Update the monitoring section of the
DMP to incorporate such a monitoring location.
g. Section 7 (Noise) is to be updated to refer to the default noise standard for pumps in
Section 440T of the EPA Act. The EEP (Noise) objectives currently referenced are
long-term objectives rather than a specific enforceable standard.
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h. Provide dilapidation reports for neighbouring properties and any other structures or
infrastructure identified as being within the estimated cone of depression associated
with the groundwater drawdown.
Note: Refer to the Acid Sulfate Soils Overlay Code and PSP8 – Natural Hazards for guidance
on Acid Sulfate Soils requirements.
4. All necessary approvals from external service providers (e.g. Unitywater, Energex) and
external parties on which the development works are proposed have been obtained and a
copy supplied to Council.
5. 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.
6. A condition report of the drainage system must be completed for agreement at the prestart
meeting. The condition report is to include a CCTV inspection of the existing pipe and must
include at least 50m upstream and downstream of all works.
7. 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.
8. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
9. 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. Electrical reticulation works;
d. Erosion and sediment control works;
e. Other relevant parties
10. 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
iv. Adequate parking arrangements for construction workers, deliveries, and other
vehicles (i.e., drilling rigs, concrete trucks).
v. No queuing of trucks is permitted on residential streets, especially prior to
7.00am. Further parked trucks must have engines turned off
b. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures
c. 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
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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
ii. dispute resolution procedures
11. Any changes to the details associated with the supervising RPEQ or Principal Contractor
during construction, must be notified to council in writing within five business days of the
change occurring.
12. Any conflict between the development and an existing or proposed service must be referred
to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
Engineering
13. The developer must meet any costs to repair damage to any Council asset during
construction, where damage is a result of the development works. Damage to assets must
be repaired immediately where it creates a hazard to the community. In circumstances where
the damage does not create a hazard to the community, it must be repaired immediately on
completion of the works associated with the development.
14. All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ)
who is independent of the Developer and Principal Contractor, and they must certify that all
works conform to the Operational Works permit. Where municipal works are involved, such
confirmation must be submitted for the respective hold points prior to any site inspection by
Council Officers.
15. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice
b. The relevant conditions of the higher order Material Change of Use approval viz.
MCU22/0171 to which this approval relates.
c. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines
d. 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
Works within Road Reserve/Reinstatement
16. Gympie Terrace must be upgraded for the length of its frontage to the subject site. The works
must be undertaken in accordance with DME Project’s Proposed Layout Ground Flood Plan
(Revision E) dated February 2024 and must include the construction of a 2m wide pedestrian
footpath.
17. Safe vehicle and pedestrian access on all streets in the vicinity of the development must be
maintained at all times. Should footpath/road closures be necessary to carry out construction
works, Council’s Engineering Officer must be notified prior to the proposed closure and all
requirements complied with.
18. All frontage works must match neatly with existing road and verge/footpath features.
Additional works beyond the frontage may be required to provide an acceptable transition to
existing road and verge/footpath profiles.
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19. Electrical conduits or other services proposed to be installed within existing and proposed
road reserves under existing sealed carriageways, concrete pathways, concrete/sealed
driveways or significant vegetation must be installed by boring. Trenching is not permitted,
unless specifically approved by Council.
Pathways
20. All pathways must be constructed in accordance with the following requirements:
a. All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065.
b. Provision must be made for disabled access at all kerb crossings associated with
pathways, in accordance with Council's current standards.
c. All paths must have a slip resistant surface.
d. Expansion and contraction joints must provide a flush finish. Installation of joints by
saw cutting is preferred to ensure a smooth ride for cyclists.
e. The required work includes any modifications to ensure the footpath finishes flush with
all existing service covers and the like, or alternatively these services are raised or
altered, so as not to create a pedestrian safety hazard.
21. Pathways must:
a. terminate in a manner that ensures smooth transition to existing surfaces for public
safety.
b. be designed and constructed to comply with the Disability Discrimination Act (DDA),
Access to Premises Standard, Austroads and relevant sections of AS1428 Design for
access and mobility.
Site Access and Driveways
22. Driveway crossovers must be constructed in accordance with council’s Standard Drawings
RS-049, RS-050 and any associated addendum.
23. Any existing unnecessary or redundant property accesses must be removed, and the kerb,
footpath and verge area reinstated to match the existing footpath and/or verge treatments.
Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed
or turf, and must be maintained by the developer until established.
24. The following must be complied with during the construction of the required
crossover/driveway:
a. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete.
b. The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties.
c. 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.
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Earthworks and Retaining Walls
25. 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.
26. Fall protection must be provided to retaining walls that are over 1m high.
27. 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.
d. 1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
28. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
29. 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).
30. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
31. Prior to the completion of the development, all site surfaces must be effectively stabilised
using methods which have achieved effective short-term stabilisation and which will continue
to achieve effective stabilisation in the medium- to long-term (refer to E&SC Advisory Notes).
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.
Erosion and Sediment Control
32. Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
Regulation 2019) must not be released from the site or to waters within the site, or be likely
to be released should rainfall occur, unless all reasonable and practicable measures are
taken to prevent or minimise the release and concentration of contamination.
33. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system, natural waterways, any downstream stormwater filtration
system or adversely impacting on other properties. The sediment and erosion control design
and measures have NOT been approved, it is the site's Supervising Engineer who is
responsible for ensuring that the sediment and erosion control measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods,
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods,
c. Been revised to address predicted rainfall events, and
d. Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be
found inefficient.
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34. The erosion and sediment control measures must be designed, installed and maintained in
accordance with the supervising engineer instructions and the current best practice
standards * (Refer to Advisory Note).
35. The developer must ensure non-essential exposure of soil is prevented by restricting the
extent of disturbance and minimising the duration of soil exposure to adverse weather
conditions and effectively turf, cover or stabilise any disturbed area without delay and prior
to rainfall occurring.
36. The developer must ensure sediment does not leave the site or enter onto adjoining
properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or
machinery. It is essential to implement appropriate approved erosion and sediment control
measures throughout the site during all phases of construction including vehicle shakedown
pad/grid (or similar) at the access to the construction site. Where sediments or other
contaminants are deposited on a road, they must be removed so as not to enter Council’s
drainage system or waterways.
37. Prior to the completion of the development and commencement of use, all site surfaces must
be effectively stabilised using methods which have achieved effective short-term stabilisation
and which will continue to achieve effective stabilisation in the medium to long-term. For the
purpose of this condition, an effectively stabilised surface is defined as one that does not, or
is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or
lead to sedimentation, or lead to water contamination.
LANDSCAPE
During Construction
38. 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.
MCU22/0171 to which this approval relates.
c. All relevant Council Planning Scheme Policies, standard drawings, standard
specifications, and guidelines.
Landscaping Works
39. 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)
40. Landscape works must:
a. Ensure amenity or sales signage and ancillary infrastructure is not installed within the
road reserve.
b. Ensure permanent irrigation is not installed within the road reserve.
41. 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.
42. Street trees must:
a. Meet AS2303 Tree stock for landscape use.
b. Be located in accordance with engineering requirements for safe vehicle and
pedestrian sight lines.
Plans and Documents
43. 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.
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44. All landscape works must be wholly contained within the boundary of the Lot. The use of
pavers / steppers is not permitted within Council land.
Damage to Services and Assets
45. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
FOLLOWING CONSTRUCTION / PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY
Certification
46. 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.
As Constructed Plans and ADAC XML Files (Council)
47. 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.
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
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48. 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
49. Prior to requesting an Off Maintenance inspection the developer must provide a written
request for the Off Maintenance inspection.
50. A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged
where:
a. a Council inspection reveals works do not comply with approval requirements
b. submitted certification falsely states works comply with approval requirements.
5. REFERENCE DOCUMENTS
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
ADG1535.23 0 Dewatering Management Plan 31.05.2023
Amendments Prior to the Prestart Meeting, submit and have approved by Council
an amended Dewatering and Acid Sulfate Management Plan. The
document is to be prepared and certified by a suitably qualified
Registered Professional Engineer Queensland (RPEQ) and
demonstrate how Acid Sulfate affected water encountered during
excavation will be treated and disposed of. The following specific
amendments are to be included:
1. The DMP states that the shoring design is provided in Appendix
C – however only the civil engineering plans are provided.
Include plans which show the location and type of temporary
shoring, groundwater spears, treatment and monitoring
equipment location and space requirements. Why do the
structural engineering plans (provided separately) only show
shoring on 3 sides of the excavation? The type of CFA piling
(contiguous or secant) should also be stated on plan.
2. Remove references to ‘steel sheet piling’ on page 10 and refer to
CFA secant piling. Please note that the references should reflect
the proposed method or the alternate method chosen by the civil
engineer.
3. Update section 6.5.2 and 6.5.3 (Water Quality Monitoring) to
include continuous monitoring of pH and dissolved oxygen at the
release point from the treatment system. Total iron and
aluminium are to be sampled where identified in the document
as ‘if required’.
4. Update the figure in Appendix A to also show the stormwater
network and specifically the stormwater pit which the dewatering
system will discharge into and the outlet headwall.
5. Update section 6.4.3 to identify that discharge is to the
stormwater network prior to entering the canal system.
6. There seems to be plenty of room in the frontage of the site for
establishing a groundwater monitoring bore outside of the
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excavation and shoring system in which to monitoring
groundwater drawdown and quality. Update the monitoring
section of the DMP to incorporate such a monitoring location.
7. Section 7 (Noise) is to be updated to refer to the default noise
standard for pumps in Section 440T of the EPA Act. The EEP
(Noise) objectives currently referenced are long-term objectives
rather than a specific enforceable standard.
8. Provide dilapidation reports for neighbouring properties and any
other structures or infrastructure identified as being within the
estimated cone of depression associated with the groundwater
drawdown.
Note: Refer to the Acid Sulfate Soils Overlay Code and PSP8 –
Natural Hazards for guidance on Acid Sulfate Soils requirements.
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
General Advisory Notes
1. Council has undertaken an audit check of the Operational Works drawings in relations to the
proposed works. A detailed check of the calculations and drawings has not been undertaken,
as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of
the engineering design. Council reserves the right to require further amendments and/or
additions at a later date should design errors become apparent.
2. Council reserves the right to call up any performance bond held or levy charges against the
property, should emergency works be required to be undertaken by Council to make the site
safe due to inactivity on the development site for extended periods of time.
3. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a “Request to change an existing approval” under the Planning Act
2016 must be made. Amended plans clearly indicating the changes must be lodged with this
application along with the appropriate fees.
Prestart, On and Off Maintenance Inspections Request
4. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days notice of preferred inspection time.
5. If Council officers are required to undertake additional inspections of the same works, a
reinspection fee will be applicable in accordance with Council’s Fees and Charges register
applicable at the time.
6. A minimum maintenance period of 12 months will apply to all municipal works and thereafter
until such time as the works are performing in accordance with the approved design unless
noted otherwise.
Environmental Advisory Notes
7. The Environmental Protection Act 1994 states that a person must not carry out any activity
that causes, or is likely to cause, environmental harm unless the person takes all reasonable
and practicable measures to prevent or minimise the harm. Environmental harm includes
environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
construction and landscaping phases of this development are to adhere to their ‘general
environmental duty’ to minimise the risk of causing environmental harm.
Landscaping - Qualified Person
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8. Qualified Person, for the purpose of:
a. Supervising landscape works and preparing a landscape certification, is considered to
be a landscape architect, landscape designer or horticulturist with a minimum of three
years current experience in the field of landscape design.
b. Undertaking landscape construction and establishment works is considered to be a
person with five years current experience in commercial landscape construction
c. Undertaking, supervising tree works and preparing arboriculture certification, is
considered to be a person with a minimum three years current experience in tree
protection, hazard identification/mitigation and AS2303 Tree stock for landscape use
assessment and either:
i. International Society of Arboriculture (ISA) certification; or A Diploma of
Arboriculture
Erosion and Sediment Control
9. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
10. Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
Engineer of Queensland (RPEQ).
11. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
a. Methods of stabilisation are:
• appropriate for slopes and slope lengths; and
• are consistent with best practice environmental management practices such as in
the Manual for Erosion and Sediment Control or the IECA Manual; and
b. Stormwater runoff from the site is not currently, and is not likely to result in visible
evidence of sedimentation or erosion, or lead to water contamination.
If at the time of request for plan sealing, the method of short-term stabilisation has not
achieved a level of stability that Council's Officers believe will have a high probability
of achieving long term stability (i.e. until house construction has occurred on all lots),
Council Officers may take the following matters into consideration in determining
whether the site is capable of achieving medium to long-term stability:
• evidence that the site has been effectively stabilised in the short term;
• evidence that soil has been adequately ameliorated;
• evidence that seed of annual and perennial grass species has been applied at an
adequate rate; and
• that grass seed has germinated at a density that is likely to achieve an effective
grass cover.
For example, while hydromulch can provide an immediate and effective stabilising
cover to soils, the protective cover can be relatively short-lived if vegetation fails to
establish before the thin layer of mulch decomposes. So if hydromulch is selected as
the method of temporary short term stabilisation, Council Officers will seek to confirm
that perennial as well as annual grasses are well established at the time of plan sealing
to reduce the risk of instability of the site in the medium to long term. As a general rule,
hydromulch will only be accepted as a “patch” fix and should comprise no more than
20% of the exposed site area due to the high risk of failure. Due to the requirement to
progressively stabilise exposed areas, it is not envisioned that this will present any
difficulties for an appropriately managed and compliant site.
8. PROPERTY NOTES
Not applicable.
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9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Morgan Gaffney
Senior Development Engineer
Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
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Page 14
Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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Document Set ID: 22929254
Version: 3, Version Date: 05/04/2024
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