Referral Agency Response - Planning RAP22 0012

Officer: 	Jada Lyons
Direct Telephone: 	07 53296527
Our Reference:	RAP22/0012
Your Reference:	n/a
21 November 2022
RL Jackson
C/- Adamson Town Planning Pty Ltd
PO Box 894
COOROY QLD 4563

[email protected]
Dear Applicant,
Referral Agency Response
Planning Act 2016
I refer to your application and advise that Council, as a concurrence agency for the application, completed its assessment of the application on 18 November 2022. You are advised that Council requires conditions to be attached to any development approval. The conditions are listed below.
application details
Application No:	RAP22/0012
Street address:	320 David Low Way Peregian Beach Qld 4573
Real property description:	Lot 219 P 93111
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
type of development
The applicant seeks the following type of referral agency response:
Concurrence Agency Response for Dwelling House
concurrence agency conditions
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.

Plan No.	Rev.	Plan/Document Name	Date
050.00- 050.05	I	3D Views prepared by Shaun Lockyer Architects Pty Ltd	25 Aug 2022
100.00	I	Site Plan prepared by Shaun Lockyer Architects Pty Ltd	25 Aug 2022
200.00	K	Floor Plans prepared by Shaun Lockyer Architects Pty Ltd	25 Aug 2022
200.01	K	Floor Plans prepared by Shaun Lockyer Architects Pty Ltd	25 Aug 2022
200.02	K	Floor Plans prepared by Shaun Lockyer Architects Pty Ltd	25 Aug 2022
210.00	I	Floor Plans prepared by Shaun Lockyer Architects Pty Ltd	25 Aug 2022
300.00	G	Elevations prepared by Shaun Lockyer Architects Pty Ltd	25 Aug 2022
300.01	G	Elevations prepared by Shaun Lockyer Architects Pty Ltd	25 Aug 2022
300.02	G	Elevations prepared by Shaun Lockyer Architects Pty Ltd	25 Aug 2022
300.03	G	Elevations prepared by Shaun Lockyer Architects Pty Ltd	25 Aug 2022
310.00	D	Boundary elevations prepared by Shaun Lockyer Architects Pty Ltd	25 Aug 2022
310.02	D	Boundary elevations prepared by Shaun Lockyer Architects Pty Ltd	25 Aug 2022
400.00	D	Building section prepared by Shaun Lockyer Architects Pty Ltd	25 Aug 2022
400.01	G	Building section prepared by Shaun Lockyer Architects Pty Ltd	25 Aug 2022
400.02	G	Building section prepared by Shaun Lockyer Architects Pty Ltd	25 Aug 2022
400.03	G	Building section prepared by Shaun Lockyer Architects Pty Ltd	25 Aug 2022
400.04	G	Building section prepared by Shaun Lockyer Architects Pty Ltd	25 Aug 2022
Building Height
The maximum height of the development must not exceed 8m apart from a small section of roof in the north east corner which may be 8.2m above the finished ground level and the natural ground surface.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum heigh requirements of this Decision Notice.
Privacy Screens to Rooftop Terrace
Privacy screens a minimum of 1.8m high must be installed along the level 2 rooftop terrace northern and southern sides to the full extent to prevent opportunities for overlooking of neighbouring properties.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
The rooftop planters as depicted on Drawing No. 050.01 Revision I prepared by Shaun Lockyer Architects Pty Ltd and dated 25 August 2022 must be planted with vegetation that will overhang the façade to assist in visually breaking up the parapet.
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.
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.
Existing trees on the site must be retained, except where required to be removed to accommodate the approved dwelling.
Fauna or fauna habitat relating to minor approved tree removal works must be managed by a qualified person*.
*(Refer to Advisory Note)
All tree and vegetation removal works must be undertaken by a qualified person*.
*(Refer to Advisory Note)
Existing vegetation in the road reserve must be retained and is not permitted to be removed in association with the visitor space or for construction of the dwelling.
Site Access and Driveways
A sealed access driveway must be provided from David Low Way to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must be generally in accordance with Westera Partners’ Civil Works Plan (S21-110-C02, Revision D) and Typical Details (S21-110-C03, Revision B) dated 22 August 2022.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge without causing scour or damage to the subject site or any adjoining properties. The works must be undertaken in general accordance with Westera Partners’ Civil Works Plan (S21-110-C02, Revision D) dated 22 August 2022.
Geotechnical Stability
A site-specific geotechnical investigation must be prepared by a qualified person* and submitted to Council for records purposes prior to the issue of any Development Permit for Operational Works or Building Works.  The site-specific investigation report must identify the building foundation requirements and stability considerations necessary for the future dwelling (and it’s associated ancillary structures) to maintain the stability of the dwelling and associated structures for the long term.
The development works must not adversely impact on the stability of adjoining lands and/or buildings and/or services.
A dilapidation survey must be carried out of all adjacent properties and structures before the commencement of construction of the proposed development on the site
At the completion of the works certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the recommendations contained in the site-specific geotechnical investigation and that the development has a minimum factor of safety against landslip of 1.5 in the long term.
* (Refer to advisory Note).
Earthworks and Retaining Walls
All earthworks and associated retaining structures/batters, both above and below ground, both temporary and permanent, must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments and be generally in accordance with Westera Partners’ Civil Works Plan (S21-110-C02, Revision D) dated 22 August 2022 and the conditions of this Decision Notice.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
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
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Sunset Clause for Referral Agency Response
This Concurrence Agency response is no longer valid if the use has not commenced within 4 years of the date of this notice, unless otherwise extended in writing by Council.
reasons for referral agency’s decision
The proposal is subject to specific built form parameters outlined in The Noosa Plan.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the referral agency conditions:
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years’ experience in the field of geotechnical engineering or engineering geology.
Qualified Person, for the purpose of:
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.
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 Specifying Trees – a guide to assessment of tree quality (NATSPEC) assessment and either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
rEPRESENTATIONS ABOUT REFERRAL AGENCY RESPONSE
The applicant may make representations to Council about this referral agency response at any time before the application is decided pursuant to section 30 of the Development Assessment Rules.

Yours faithfully,

Jada Lyons
Assistant Development Planner

Enc:	Approved Plans/Documents

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PO Box 141		P. (07) 5329 6500	[email protected]	
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