Council archive · source document
23616DA - Change to Existing Approval [As Published] · 132003.221132.6
Officer: Denis Wallace
Direct Telephone: (07) 5449 5179
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]]
Our Reference: 23616DA
Your Reference: PR100103-1012BKW.za
22 June 2010
Stockland Lake Doonella Pty Ltd
CARE RPS (Sunshine Coast) Pty Ltd
PO Box 149
WURTULLA QLD 4575
Dear Sir / Madam
Change to an Existing Approval
Sustainable Planning Act 2009v
I refer to your request to make a change to an existing approval. On 21 June 2010 Council decided
your requested changes.
Details of the decision with the consolidated conditions are as follows:
1 APPLICATION DETAILS
Application No: 23616 DA
Street address: Beckmans Road, Noosaville
Real property description: Formerly Lot 800 SP 153455
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 24 February 2005 decided to issue the following type of approval:-
Material Change of Use - 181 Dwelling Houses, Group Housing Development of 43 Dwelling Units
and Estate Sales Office.
Lot Reconfiguration - 185 Residential Lots & 43 Group Title Lots
In relation to a request to change the development approval, Council on 19 February 2007 decided to:
A. Approve a change to Conditions 35 and 66
B. Issue a Compiled Decision Notice
In relation to a request to change the development approval, Council on 7 May 2008 decided to:
A. Approve a change to Condition 66
B. Issue a Change to an Existing Approval
In relation to a request to change the development approval, Council on 21 June 2010 decided to:
A. Approve a change to Conditions 81 & 95 and Advisory Note 1.
B. Include additional Advisory Note 4
C. Issue a Change to an Existing Approval
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23616DA
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager conditions.
4 ASSESSMENT MANAGER CONDITIONS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered 6812-58F prepared by
PMM Group and dated 22 October 2004 and as may be amended by these conditions.
2. An amended Plan of Development shall be provided to Council within one month of Council’s
approval revising:
2.1. the ‘Key Development Requirements’ consistent with the approved Plan of Development
issued with the Development Approval 22402 DA and conditions of same:
2.2. the ‘Key Development Requirements’ to incorporate the specific acoustic measures for
allotments 159-171, 174 – 181 as required by condition 4.
3. The Estate Sales Office shall comply with the following:
3.1. Not more than 2 employees are to be engaged in the operation at any one time;
3.2. The estate sales office shall not be used between 6:00pm and 8:00am.
3.3. The estate sales office shall cease operations within 2 years of the commencement of its
use.
3.4. Any advertising devices shall be erected upon the allotment which the estate sales office
2
is located, shall not exceed a total display area of 3m and not include the use of bunting.
3.5. The applicant shall submit a layout of the car parking (four spaces) for the real estate
office for Operational works approval. The car park design shall ensure the retention of
vegetation.
Acoustic Measures
4. Dwelling houses on allotments 159-171, 174 – 181 shall be constructed in accordance with
Australian Standard AS2107-2000 and AS3671, to a minimum of Category 2, with the formal
external open space area of allotments designed and/or located to reduce road traffic noise.
This may include the use of barriers outside of the Private Open Space Precinct or by location
of recreation areas on the ‘quiet’ side of dwellings (ie. the façade that is shielded from road
traffic noise from Beckmans Road).
A property note shall be included on the titles of lots 159 -171, 174 -181 noting the architectural
acoustic requirements are required for these dwelling houses.
Residential Design Guidelines
5. All Dwelling houses and Dwelling units shall be designed and constructed to accord with the
Residential Design Guidelines prepared by PMM Group and stamped approved. An amended
Residential Design Guidelines shall be provided to Council prior to approval of Operational
Works and include the following amendments:-
5.1. No dwelling house (including garage/carport) shall be located within 6 metres of the front
boundary, unless approval is given otherwise by Council.
5.2. All buildings (which does not include swimming pools or other structures that do not
present a fire hazard) located on allotments adjoining either private open space or public
open space shall be located in accordance with the setback requirements contained in
the Fire Management Plan.
5.3. The Energy Efficiency criteria shall include the requirement for all dwelling houses to
have a solar hot water system.
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5.4. A provision shall be included requiring all pools constructed to be fitted with a rope to
allow for a Koala to exit the pool.
5.5. Rainwater harvesting provisions shall be included for Forest Cluster Precinct, including a
rainwater tank of 15kL.
5.6. Water saving devices shall be included for all dwelling houses with a maximum 9L per
minute restrictor on all showers.
6. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.
7. Any advertising sign or device is to comply with the provisions of Council's policies on
advertising.
8. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this
approval to effect compliance with conditions.
9. This Development Permit for a material change of use of premises lapses if:-
9.1. the use or erection of a building or other structure associated with the use, has not been
commenced by 26 February 2009, unless application is made and approved by Council
for an extension; or
9.2. the use of any premises pursuant to the Development Permit ceases.
10. The developer must obtain all of the required Development Permits for each Stage referred to in
the Decision Notice, prior to obtaining a Development Permit for building works.
Community Management Statement
11. Group housing development shall be subject to a Community Management Statement (CMS)
which shall include provisions making specific reference to this approval and in particular the
measures contained in the approval that ensure the protection of the environmental values of
the private and public open space areas including stormwater management, native flora, fauna
and fauna habitat, and significant trees to the satisfaction of Council. To this end the CMS will
make specific reference to all relevant Management Plans.
Environmental Covenant
12. An environmental covenant as defined by Part 6, Division 4A of the Land Title Act 1994, shall
be registered, in favour of Council, on the title of any property of a Group Housing development
over the private open space precinct area. The environmental covenant shall be for the
protection of the site’s environmental values. Environmental values of the site mean the
following environmental values:
12.1. the native flora and plant communities on the site and their habitat;
12.2. the corridor habitat connections; and
12.3. water quality.
Fees Payable
13. The developer shall pay Council all reasonable costs for the assessment of the management
plans and also the costs associated with ensuring the development complies with the
requirements of this approval. These costs shall be limited to a maximum of $25,000 including
the cost of external consultants should they be required.
The further approvals required to allow development to occur shall be subject to the fees
contained in Council’s Fees and Charges Schedule.
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Public Open Space Management Plan
14. The development shall be undertaken in accordance with the Public Open Space Management
Plan prepared by Rob Friend & Associates Pty Ltd and dated December 2004 and as may be
amended by these conditions. An amended Public Open Space Management Plan
incorporating the required amendments shall be lodged for approval prior to issue of a
Development Permit for Operational Works.
15. The Public Open Space Precinct shall be named Lake Doonella Conservation Reserve.
16. A ‘Compliance Checklist’ shall be included in its entirety in the Public Open Space Management
Plan, as follows:-
Boundary Fence And Access Points
16.1. Construction of the fence along the common boundary of the Public Open Space and the
residential development as shown on Map 8. The fence is to be designed to deter the
public and adjacent residents from entering the Public Open Space, other than through
the approved access points. The fence is to be fauna-friendly. Approximately 3,000 m
long.
16.2. Construction of 4 vehicle-access gates with locks, and the construction of 6 pedestrian-
only access points/gates at the locations shown on Map 8.
Maintenance Track/Fire Trail And Access Points
16.3. Construction of the maintenance access track/firebreak adjacent to Lots 1 – 17 and 24 as
shown on Map 7.
16.4. Construction of 2 vehicle-access gates with locks at the locations shown on Map 7.
These gates are to be designed and located to deter all public access.
Pedestrian Pathways And Sewer Mains
16.5. Construction of the sewer mains and all connections located within the Public Open
Space area. To comply with Eraland Drawing No. 01691-130B.
16.6. Construction of the pedestrian pathway shown on Map 6. To be a 2.0 m wide concrete
path, with 0.5 m wide gravel shoulders, and approximate length of 2,300 m.
16.7. Construction of the minor pathway to lake viewing area shown on Map 6. To be a 1.0 m
wide gravel track, approximately 80 m long.
16.8. Construction of the minor pathway shown as P1 on Map 6. To be a 2.0 m wide concrete
track with no gravel shoulders, approximately 50 m long.
16.9. Rehabilitation of all sections of the sewer main alignment, which are not included in the
pedestrian pathway.
16.10. Rehabilitation of all areas of bushland disturbed by the construction of the pedestrian
pathways, the sewer main and connections to the sewer main.
16.11.No weeds in rehabilitated areas.
16.12.All planted stock in rehabilitated areas is healthy and robust.
Lake Viewing Area
16.13.Define the boundary of the lake viewing area by logs.
Neighbourhood Park
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16.14.To be 600 m in area.
16.15.Provision of:-
16.15.1. 1 set of multi-use play equipment,
16.15.2. 3 seats,
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16.15.3. small grassed areas,
16.15.4. fence along the common boundary of the neighbourhood park and the Public
Open Space is child-proof,
16.15.5. bollards along roadside to prevent vehicle access.
Swanbourne Way Connection
16.16.The developer will construct a pedestrian/bikeway linkage in the vicinity of proposed Lots
109 - 110 to the northern constructed end of Swanbourne Way in the form of a concrete
path and timber bridge 2 metres wide as part of Stage B. This will necessitate the
creation of a wide enough easement or a road reserve over the public open space on the
Plan of Survey for Stage A.
Maintenance Track/Fire Trail And Access Points
16.17.Provision and erection of the following identification and regulatory signs:-
16.17.1. 6 x identification and regulatory signs: located at each access point onto the
pedestrian pathway;
16.17.2. 5 x identification and regulatory signs: located at access points into the Public
Open Space near Beckmans Road;
16.17.3. 1 x identification and regulatory sign: located in the neighbourhood park;
16.17.4. 1 x identification and regulatory sign: located at the northern end of the main
spine road through the estate;
16.17.5. 1 x identification and regulatory sign prohibiting swimming and access to the
lake at the lake viewing area;
16.17.6. 2 x identification and regulatory signs: located at the Swanbourne Way access
point;
16.17.7. 2 x regulatory signs: located on each gate on the maintenance access track
adjacent to Lots 1 – 17 and 24;
16.17.8. 2 x direction signs at pathway junctions;
16.17.9. 2 x safety warning signs at farm dam.
16.18.All signs are vandal-proof and to Council’s specifications.
Bushfire Control
16.19.Fire fuel loads do not exceed 10 tonnes/ha in any location in the Public Open Space.
16.20.Fuel reduction activities undertaken as specified in the Fire Management Plan.
Erosion Control And Remediation
16.21.No active erosion, particularly in gullies.
16.22.Rehabilitation of all disused tracks, and along the existing sewer main.
16.23.No declared plants or environmental weeds in rehabilitated areas.
16.24.All planted stock in rehabilitated areas is healthy and robust.
Weed Control
16.25.No declared plants or environmental weeds.
Other
16.26.No rubbish or graffiti.
16.27.No evidence of vandalism.
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16.28.All trees in close proximity to the pedestrian pathway and access points certified by an
Arborist to be safe.
17. The following corrections and amendments shall be incorporated into the Public Open Space
Management Plan.
Throughout the Delete all references to the Developer being ‘Lensworth Lake
document: Doonella Pty Ltd. Replace with ‘the Developer’.
Page 7; dot point 6: Delete and replace with ‘The boundary of viewing area is to be
defined by logs’.
Page 16; Item 5: The concrete part of the pedestrian pathway is 2 m wide, not 3 m
wide.
Page 19; Item 9: Delete last sentence and replace with ‘The residual area is to be
revegetated with plants indigenous to the site.’
Page 23; Section 5.4, Delete ‘local indigenous plant species’ and replace with ‘plant
Item 2 and Page 24; species indigenous to the site’.
Section 5.4, Item 6:
Page 24; Item (iii) Delete first sentence and replace with ‘Gates and signage are
erected at all access points to the pedestrian pathway.’
Page 24; Desired Add the additional item.
outcomes: ‘(iv) Two locked gates on maintenance track.’
Page 25; 2(e) Delete.
Pages 27 – 29: Amend in accordance with the ‘Compliance Checklist’.
Pages 40, 41 and 42 Amend in accordance with the Conditions of Approval for the Fire
and Appendix III: Management Plan.
Page 56; 3.2.13 Delete the words “where necessary”
Page 58 Incorporate a requirement that Noosa Council to view
documentation of consultation with QPWS re: approval/relocation to
suitable site.
Appendix IV: Amend in accordance with Conditions of Approval for the Flora and
Fauna Management Plan.
Definition of Ecologist Include a definition of ecologist requiring a tertiary education person
in the field of ecology with at least 3 years field experience.
18. Prior to the dedication of the Public Open Space area to Council, all works in the Public Open
Space Precinct shall have been undertaken by the Developer, to Council’s satisfaction, apart
from the requirements of conditions 15.14 & 15.15 - Neighbourhood Park and condition 15.16 -
Swanbourne Way Connection, which shall be completed with Stage B.
The Environmental Management Plan
19. The development shall be undertaken in accordance with the Environmental Management Plan
Revision B prepared by PMM Group and dated 22 October 2004 and as may be amended by
these conditions. An amended Environmental Management Plan incorporating the required
amendments shall be lodged for approval prior to issue of a Development Permit for
Operational Works
20. The following corrections and amendments shall be incorporated into the Environmental
Management Plan:-
20.1. The Developer’s corporate Environmental Policy shall be included in the Environmental
Management Plan (refer to Condition 58.3 of the Preliminary Approval 22402 DA);
20.2. Condition 55 shall be addressed in the Environmental Management Plan;
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20.3. The Environmental Management Plan shall be amended so that it is consistent with the
Fire Management Plan as amended may be amended by these conditions.
20.4. The following errors shall be corrected:-
Page 17: the neighbourhood park is to be constructed in Stage B, not Stage D.
Page 22; in the Replace ‘3.5 m’ with ‘3.0 m’Rehabilitation box:
Page 38: Delete reference to ‘acoustic fencing’.
Throughout the document, delete all references to the Developer being ‘Lensworth Lake
Doonella Pty Ltd and replace with ‘the Developer’.
The Fire Management Plan
21. The development shall be undertaken in accordance with the Fire Management Plan prepared
by Rob Friend & Associates Pty Ltd and dated December 2004 and as may be amended by
these conditions. An amended Fire Management Plan incorporating the required amendments
shall be lodged for approval prior to issue of a Development Permit for Operational Works
22. The Fire Management Plan shall be amended and corrected to:
22.1. incorporate the following Conditions,
22.2. remove all substantial and significant inconsistencies,
22.3. fix all significant errors and omissions, and
22.4. ensure consistency with the other management plans and the Decision Notice, dated 5
September 2003.
Fire Protection Zones
23. The Fire Protection Zones shown in the attached Figure 1 shall be provided and incorporated
into the Fire Management Plan and other relevant management plans.
24. Within all Fire Protection Zones:
24.1. individual large trees (200 mm DBH or greater) may be retained but their crowns should
not touch the dwelling or vegetation in the adjacent bushland;
24.2. all existing understorey shrubs and all vegetation greater than 300 mm in height shall be
removed;
24.3. mowable ground cover plants not exceeding 300 mm in height such as the grasses,
sedges and small herbaceous plants are permitted;
24.4. understorey shrubs and trees shall not be planted;
24.5. flammable structures and landscaping materials, such as timber fences, timber pergolas,
timber decks and timber sleeper walls, are prohibited;
24.6. non-flammable structures such as paved areas and swimming pools are permitted.
Maintenance Track in the Public Open Space Area
25. A 3 m wide maintenance track/fire trail, for the use of Council’s maintenance vehicles and
emergency vehicles, is to be provided within the Public Open Space area adjacent to the
northern boundary of Lots 1 – 17 and 24. It will be on the alignment indicated on the Survey
Plan dated 612-66 by PMM, and will be included as an easement or included in the Public Open
space. If included in the open space, the 10 metre fire buffer will measured from the original
Plan of Development Boundaries of the Lots.
26. Significant trees and groups of trees are to be retained. The trees and groups of trees to be
retained will be determined by Council’s Manager – Environmental Services. All shrubs and
woody understorey plants shall be removed. Existing grasses, sedges and small herbaceous
plants (less than 300 mm in height) will be retained.
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27. Locked gates will be provided at either end of this maintenance track. This track is not part of
the public pedestrian pathway and public access will be prohibited. Signs prohibiting public
access shall be provided at both ends of the maintenance track.
28. The maintenance track and locked gates shall not be located within 10 m of the scar tree.
29. Prior to the dedication of the Public Open Space to Council, the developer shall maintain the
maintenance track.
Fire Fuel Reduction
Public Open Space post-dedication to Council
30. After dedication of the Public Open Space to Council, fire fuel loads in each of the four Fire
Management Blocks will be assessed annually. In the Fire Management Blocks where fuel
loads exceed 10 tonnes/ha in more than 4 assessment plots, fuel reduction will be undertaken
manually using hand tools. A prescribed burn within a Fire Management Block will only be
undertaken if Council’s Manager – Environmental Services deems it necessary to maintain the
ecological values of the vegetation. The applicant will undertake this procedure for a period of
three (3) years after the registration of the final stage of the development.
Private Open Space in Conservation Residential Precincts
31. The fire fuel loads in the Private Open Space areas of the three Conservation Residential
Precincts will be assessed annually. If the fire fuel load in a Private Open Space area exceeds
10 tonnes/ha in more than 3 assessment plots, fuel reduction will be undertaken manually using
hand tools.
32. Prescribed burns will not be permitted, unless the Council’s Manager – Environmental Services
agrees, in writing, that a prescribed burn is necessary to maintain the ecological values of the
vegetation. Written applications requesting permission to undertake a prescribed burn must
include an ecological justification supported by ecological data.
Undeveloped Stages
33. Following completion of Stage A, fuel loads in the undeveloped Stages are to be assessed
annually. When fuel loads exceed 10 tonnes per hectare in more than 4 assessment plots, the
fuel load is to be reduced by either a low intensity prescribed burn (provided that adequate
firebreaks are constructed adjacent to all Public and Private Open Space areas, the school and
the Stage A residential areas) or by the physical removal of the fuel load by hand or machine).
Fire Hydrants and Water Points
34. Fire hydrants shall be provided throughout the development in accordance with the Building
Code (BCA) and the requirements of the Q.F.R.S.
35. Each residential allotment that includes Private Open Space, or abuts Public or Private Open
Space shall be provided with a 20 – 25 mm water connection and garden tap, located within 2
m of the Open Space area. Each tap shall have a permanently attached 20 m long garden
hose and hose reel. The installation and maintenance of these requirements shall be the
responsibility of future residents, with the requirements included within the Residential Design
Guidelines.
36. For the Forest Cluster Precinct, 20 – 25 mm water connections and garden taps shall be
provided at a maximum spacing of 40 m along its common boundaries with Open Space areas.
Each tap shall have a permanently attached 20 m long garden hose and hose reel.
Other Bushfire Protection Measures
37. Lots 91 to 94 and 106 to 111 shall be totally cleared of all existing trees, shrubs and woody
understorey plants prior to building commencing on these Lots. Grasses, sedges and small
herbaceous plants shall be retained.
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23616DA
38. The Fire Management Plan for the Development Area shall include the requirement that a
Bushfire Information Kit will be provided to all purchasers of allotments on the site. The
Bushfire Information Kit will be submitted to Council with the Survey Plan for Stage A of the
development.
39. Burning of rubbish, cleared vegetation, surplus materials, etc., on the site is prohibited.
Other
40. Access easements through the Conservation Residential Precincts ‘building envelopes’ to the
Private Open Space boundaries are not required.
Flora And Fauna Management Plan
41. The development shall be undertaken in accordance with the Flora and Fauna Management
Plan prepared by James Warren & Associates Pty Ltd and dated December 2004 and as may
be amended by these conditions. An amended flora and Fauna Management Plan
incorporating the required amendments shall be lodged for approval prior to issue of a
Development Permit for Operational Works
42. The following corrections and amendments shall be incorporated into the Flora and Fauna
Management Plan:
Page 3; Last Add the following to the end of the paragraph:
paragraph: ‘A suitably qualified and experienced Ecologist or Environmental
Scientist will be engaged by the Developer to implement the
requirements or the Flora and Fauna Management Plan and monitor
the Contractor’s compliance with the Flora and Fauna Management
Plan and the Environmental Management Plan. The Site Ecologist
will provide information for the monthly Environmental Compliance
Reports for Council.’
Page 6; Section Add the following to the end of the sentence:
3.2.3: …… ‘ , except for the construction of the approved sewer main and
pedestrian pathway.’
Page 6; Section Add the following to the end of the sentence:
3.2.4: …… ‘ , except for the construction of the approved sewer main and
pedestrian pathway.’
Page 8; Section Delete the first sentence and replace with:
3.3.1: ‘Erosion and sediment control works shall be undertaken in
accordance with the approved Environmental Management Plan and
all other approved Erosion and Sediment control Plans.’
Page 11; Section Add the following to the end of the second sentence:
4.2.12: ‘The number, type, sizes and location of the nest boxes shall be
determined in consultation with the Council’s Manager –
Environmental Services.’
Page 12; Section Replace the last sentence with the following:
4.2.17: first ‘Bicycles and other wheeled-recreation equipment (eg. scooters, trail
paragraph, last bikes, skateboards, etc.) are prohibited on the pedestrian pathway
sentence: and in the Public and Private Open Space areas.’
Page 15; Section Add the following to the end of the second sentence:
4.3.3.5: ‘The number, type, sizes and location of the nest boxes shall be
determined in consultation with the Council’s Manager –
Environmental Services.’
Page 18; Section Add the following to the end of the paragraph:
6.4: ‘The number, size and location of the hollow limbs placed in Public
and Private Open Space areas will be determined by the Site
Ecologist in consultation with the Council’s Manager –
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23616DA
Environmental Services. These logs should not create a fire
hazard.’
Page 20; Section At the end of the third sentence add the following:
8.1: ‘This monitoring of the gully vegetation will be co-ordinated with, and
take into account the results of, the water cycle analysis (via a mass
water balance approach) required by Condition 55.’
Landscape Management Plan
43. The development shall be undertaken in accordance with the Landscape Management Plan
prepared by EDAW Gillespies and dated October 2004 and as may be amended by these
conditions. An amended Landscape Management Plan incorporating the required amendments
shall be lodged for approval prior to issue of a Development Permit for Operational Works.
44. The following corrections and amendments shall be incorporated into the Landscape
Management Plan:
Page 4: Delete reference to Viewing Platform from the Key to the Site Access
Map.
Page 7: Delete ‘50’ in the seventh box in the key and replace with ‘30’.
Page 17; fourth dot Delete the current words and replace with the following:
point in the ‘On- ‘. Access to the Private Open space within the Conservation Residential
going maintenance’ Precinct is restricted to the owners of properties within the
column: Conservation Residential Precinct. There is no public access.
Access to the Private Open space areas is restricted to pedestrians. All
vehicles, horses, bicycles, trail bikes and motorbikes are prohibited.’
Page 27; last Delete the last sentence and replace with the following:
sentence: ‘Design and construction details for the fauna friendly fence are to be
provided as part of the Operational Works Application for the first stage
of the development. All of the fauna-friendly fence and all of the gates
and signage are to be provided during the first stage of development.’
Page 31; Figure Correct this figure so that it is consistent with Figure 2-9 in the
showing network of Stormwater and Water Quality Management Plan by WBM Oceanics.
swales and detention
basins:
Page 33; Master Add the pedestrian/bikeway connection to Swanbourne Way.
Plan:
Pages referring to Correct pages 4, 8, 11, 19, 23, 24, 25, 26, 30 and 33 in accordance
the Fire with the conditions of approval for the Fire Management Plan.
Management Plan:
Sediment and Erosion Control
45. Detailed staged Sediment and Erosion Control Plans are to be prepared for the site and shall be
prepared to the reasonable satisfaction of Council and in accordance with the Institution of
Engineers Australia ‘Engineering Guidelines for Queensland Soil and Sediment Control’ (June
1996) and in particular using Checklist No. 3 from that document. The sediment and erosion
control plans shall cover all development on site (during the construction, establishment and
operational phases) including rehabilitation and remediation.
46. The Sediment and Erosion Control Plans will deal with the staging of the development generally
in accordance with WBM’s Report ‘Lensworth Lake Doonella – Stormwater and Water Quality
Management Plan – Version 2, Revision 3’ of 30/3/03.
47. The Sediment and Erosion Control Plans shall also include the Public Open Space area and
shall:
47.1. Identify existing erosion problems, and
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47.2. Specify appropriate remedial treatments.
48. The residential precincts shall be designed to incorporate, within their boundaries all the
necessary sediment and erosion control devices.
Stormwater Management Plan
49. A Stormwater Management Plan for the site including revegetation and remediation of all water
treatment areas including swales and bioretention systems shall be prepared to the reasonable
satisfaction of Council. The Stormwater Management Plan shall be generally in accordance
with WBM’s Report of 30/3/03.
50. The developer shall comply with the Stormwater Management Plan and the operational stage
components of the Stormwater Management Plan shall be referenced in the community
management statements for all group housing developments over the site.
51. Key water quality objectives to be reflected in the Stormwater Management Plan are the
protection of aquatic ecosystems in the site gullies, Cranks Creek and the eastern creek and
within the receiving waters of Lake Doonella and the Noosa River, as well as primary contact
recreational standards within the receiving waters. Appropriate water quality standards to be
adopted are those as specified by Brisbane City Council (in conjunction with the South East
Queensland Regional Water Quality Management Strategy).
52. Stormwater Management - MUSIC modelling; Prior to the completion of the final stormwater
management plan and the civil design drawings for operational works, any stormwater
management assessments utilising the CRC for catchment hydrology's MUSIC modelling
system must be corrected for a possible error in the assessment of bio-retention system
efficiencies and performance in removal of nutrients, as recently notified by the CRC. Empirical
calculations such as the Brisbane City Council spreadsheet method shall be use to adjust the
MUSIC model and to demonstrate that realistic removal efficiencies are being used.
Alternatively, once a 'patch' is available from the CRC, this corrected version of the software can
be used, but, again, cross checking with empirical calculations is required. The error in the
bioretention routine will result in the need for additional water quality treatment measures. Initial
assessments indicate that MUSIC is over predicting removal by as much as twice what should
be occurring.’
If these checks indicate that the bioretention devices require enlarging, the applicant shall
remove lots, if necessary, from the development in order to accommodate the devices without
affecting the public and private open space areas. If the system requires amending, an
amended report is to be submitted to Council for checking.
53. Monthly reports on monitoring, incidents, corrective action and plan updates are required to be
submitted to Council. These reports are to be submitted in a form acceptable to Council and
are to highlight any non-standard results.
54. Any stormwater outlet to the gullies on the site are to be stabilised with appropriate energy
dissipation and local armouring. Regular monitoring of creek erosion is required with
appropriate corrective action specified to ensure a stable creek system. All work to be
undertaken to minimise impacts on the Environmental Values of the creek system.
55. The residential precincts shall be designed to incorporate, within their boundaries, all the
necessary stormwater and water quality control devices associated with the development.
56. The applicant will ensure that all necessary overland flowpaths for Q100 events are provided on
site and covered by an easement where they traverse private property.
Water Quality
57. The Developer is to install water quality control devices generally in accordance with the
Stormwater Management Plan. Detailed staging plans and specifications, based on and
generally in accordance with the Plan are to be prepared and submitted (after consultation with
officers of the Council) with the relevant applications for operational works.
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23616DA
Drainage
58. The Developer is to complete the drainage works progressively in conjunction with development
of the site and generally in accordance with the approved Stormwater Management Plan.
Detailed drainage plans and specifications, based on and generally in accordance with the
approved Drainage Plan, the EMP and these Conditions, are to be prepared and submitted
(after consultation with officers of the Council) with the relevant applications for operational
works.
59. All drainage works as required by the Drainage Plan are to be provided by the developer at its
own cost.
Water Cycle Management
60. Following development of the site, the vegetation in the gullies shall be monitored annually by a
suitably qualified person (terrestrial ecologist) for three (3) years so as to detect any adverse
effect due to rainwater tanks harvesting water that would normally flow into the gullies and
sustain the vegetation. Monitoring of the vegetative conditions of the gullies shall include
maintaining summer and winter photographic records at several key locations (at least 3 per
gully) in each gully, which will be maintained for the duration of the monitoring period. The sites
chosen for monitoring, shall be representative of the major vegetation species present in the
gully, and also of those species which may be prone to changes in the hydrological regime of
the gully. Details of site inspections, including photographic records shall be included in a half
yearly report to be maintained by the site’s Body Corporate. These reports will be forwarded to
Council. If adverse effects are evident, the water harvesting rates by the rainwater tanks shall
be modified to overcome or other appropriate contingency measures undertaken to rectify the
problems.
Certification
61. Certification is required from a qualified stormwater engineer/scientist that the submitted civil
engineering drawings accurately reflect the stormwater management treatment train in the
approved stormwater management plan. This certification is to be submitted in conjunction with
any Operations Works (Civil Works) application.
62. Certification is required from a qualified stormwater engineer/scientist that the stormwater
management treatment train in the approved stormwater management plan and associated
design drawings has been installed on site in accordance with the approved stormwater
management plan and is functioning as designed. This certification is to be provided to the
Council prior to the endorsement of survey plans, or prior to Council accepting the devices ‘on
maintenance’.
63. All stormwater drainage lines including private drainage lines (also known as inter-allotment
drainage lines) or as otherwise approved by Council’s Manager of Land Development shall be
inspected by closed circuit television (CCTV) at the completion of all works and immediately
prior to acceptance ‘On Maintenance’.
A report of the CCTV inspection, including photographic records (which includes photos & video
recordings burnt onto a CD) of the inspection shall be submitted to the Council for approval.
Any defects or substandard works shall be recorded and accurately illustrated on the drainage
plan showing the location of the defect(s).
Substandard work will not be accepted ‘On Maintenance’ and must be rectified at the applicants
expense with a further CCTV inspection arranged once the rectification works have been
completed.
To this extent all CCTV inspections, including any additional inspections necessary following
defect identification and rectification, shall be entirely at the applicant’s expense. Any costs
incurred by Council in reviewing the CCTV inspection results shall also be borne by the
applicant.
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Acid Sulphate Soils Management Plan
64. An Acid Sulfate Soils (ASS) Management Plan must be provided for any excavation works
undertaken in areas of the site below 5m AHD. The Management Plan must outline all
proposed ASS investigation and management procedures, which are to be undertaken in
accordance with State Planning Policy 2/02 "Planning and Managing Development Involving
Acid Sulfate Soils".
Reconfiguration Plans
65. The Lot Reconfiguration for the residential areas will be in accordance with the following Plans
by PMM Group and as may be amended by these conditions:
65.1. Proposed Reconfiguration Lake Doonella Ref: 6812-60B dated 1 March 2004 Sheets 1 to
4; and
65.2. Proposed Reconfiguration Lake Doonella Community Title Lots Ref: 6812-62 dated 2
March 2004.
Staging
66. The staging of the Lot Reconfiguration for the residential areas will be in accordance with the
Plan titled “Construction Staging Plan” by PMM Group - Reference 6812-61H and dated 8
September 2003.
General
67. Security in the form of a cash bond or trading bank guarantee to the sum of $400,000 must be
submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for Operational Works. The cash bond or trading bank guarantee will be
reduced to $100,000 upon completion of all construction works (except building construction)
and the balance returned after the completion of the water quality monitoring and management
plan requirements.
Plan Sealing and Easements
68. For the purpose of these conditions, the following definitions apply: -
68.1. A Plan of Survey means the plan for the reconfiguration of a lot required to be endorsed
by Council pursuant to S3.7.1 of the Integrated Planning Act 1997.
68.2. A registered Professional Civil Engineer means a civil engineer who is registered in
Queensland pursuant to the Professional Engineers Act 1988.
68.3. Carparking area means a parking area as defined in the Schedule to the Shire of Noosa
Planning Scheme inclusive of manoeuvring areas and access from the roadway.
68.4. The person acting on this permit means any person or company who undertakes
development pursuant to this permit.
68.5. AS 2890.1 – 1993 means Australian Standard for Off Street Carparking - AS 2890.1-
1993.
68.6. 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 on the site.
69. Conditions of any Development Permit for a Material Change of Use of premises relevant to
each stage of this lot reconfiguration shall be complied with prior to Council endorsement of the
Plan of Survey.
2
70. The proposed contemporary residential lots shall have a minimum size of 600 m .
71. In conjunction with the lodgement 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.
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72. Pursuant to Section 3.7.3(c) 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 for each stage.
73. Easements will be required over any publicly owned services that traverse private land in
conjunction with the sealing of Survey Plans for each Stage.
74. Prior to Council endorsement of 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 is to be submitted prior to the endorsing of the Plan of
Survey.
75. 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 lodgement of the Plan of
Survey at the Land Titles Office, the Title Deed and the easement documents will also be
lodged and any additional Titles Office forms or requisitions requiring the consent of Council
being attended to forthwith.
76. All easements required on downstream properties draining the site either by way of
underground drainage or overland flowpaths shall be obtained and proof of registration of the
easements shall be submitted with the Survey Plan.
77. A registered easement shall be created over the zone of influence of the existing and proposed
sewer mains in the site. The easements shall generally be parallel to and centred over the
sewer main and be equivalent in width to twice the depth to invert level of the sewer at the
deepest point within the allotment (measured from the finished surface) and be no less than 3.0
metres wide.
In determining the zone of influence the existing sewer must be located on site by a licensed
surveyor and designated, together with the finished surface levels, on any plans accompanying
any application for this property.
No building, swimming pool, retaining wall over 1 metre high or any other structure requiring a
Building Permit shall be constructed within or encroach over an easement.
No foundations or eaves shall encroach into an easement. Plans detailing any proposed
foundations in close proximity to an easement shall be designed by a registered practicing
Structural or Geotechnical Engineer and be submitted with the application for a Development
Permit for Operational Works.
No fill shall be placed over an easement without written Council approval. Council approval will
not be considered for any fill over an easement, which causes the sewer to be more than 3.0m
depth.
Any increase in depth to sewer as a result of fill activity shall increase the minimum building
setback and width of the required easement accordingly.
78. Prior to endorsement of the Plan of Survey for each Stage, a State Survey Mark shall be
provided within the Stage. It shall be levelled and located to the requirements of the Manager -
Land Development. 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 least one
real property corner by a registered Surveyor.
Contributions
79. The applicant shall pay to Council a contribution toward the cost of upgrading the intersection of
the new road and Beckmans Road (this contribution is $64,075, at December 2002, which will
be adjusted by CPI current at the date of payment). If the intersection at Beckmans Road
requires upgrading prior to Council’s planned construction date of these works, the developer
shall undertake the necessary works at its own cost instead of making the contribution.
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Dedications
80. The public open space areas, apart from the area adjacent Beckmans Road and wildlife corridor
shall be dedicated to the Crown prior to the sealing of the first completed Stage in the Staging
Plan of the development. The public open space area adjacent Beckmans Road and wildlife
corridor shall be dedicated to the Crown prior to the sealing of Stage C in the Staging Plan of
Development. The public open space will be in the condition required by the Open Space
Management Plan.
Headworks
81. For the residential component, contributions shall be paid to Council in accordance with
Planning Scheme Policies PSP 28 and PSP 30 on Water Supply Headworks Contributions and
Sewerage Headworks Contributions respectively at the rates applicable at the time of payment,
subject to CPI changes.
An estimate only of the contributions payable for each Stage is as follows:-
Per Staging Plan PMM Group - Ref 6812-61H dated 8 September 2003
Stage
A B1 B2 B3 C D
Current at December March March March March December
CPI 2004 2010 2010 2010 2010 2004
Sewerage $ 258,488 $ 63,598 $ 77,731 $ 120,130 $ 204,928 $ 17,093
Water
$ 285,909 $ 73,174 $ 89,434 $ 138,217 $ 235,782 $ 14,856
Supply
TOTAL = $ 544,397 $ 136,772 $ 167,165 $ 258,347 $ 440,710 $ 31,949
Contributions shall be paid prior to Council endorsement of the Plan of Survey for each Stage of
the reconfiguration.
With regard to Stage D, the future development of the Forest Cluster Precinct will attract further
contributions that will be assessed at the time of the future applications.
Roads
82. All roads shall be constructed generally in accordance with the layout indicated on Plan of
Development prepared by PMM, Drawing Number 4740-56b dated 21 June 2004 and the
conditions contained in this approval.
83. The road to the east that will connect to Swanbourne Way ultimately shall have a 20 metre wide
road reserve between the entry road and Lot 6 on RP 80412 and can reduce to 16 metre wide
road reserve along the eastern frontage of proposed lots 124 and 125. This road shall have an
11 metre wide pavement (kerb to kerb) for its full length.
84. All new roads will be required to comply with Council requirements for carriage widths. The road
design may not be strictly in accordance with Council’s Engineering Standards but this is
because of the required incorporation of swales, vegetation retention and pedestrian/bikeway
paths and will be to the satisfaction of Council.
85. The access to the new school shall be in accordance with the approved drawings in
Development Permit 23468 DA. This roundabout will also service the contemporary parcels on
the east of the development. Council may consider a separate egress point from the school site
if Australian Standards requirements for sight distance and a traffic loads analysis indicates that
roundabout 4 on Eraland Consulting Pty Ltd Drawing No. 01691-100 dated April 2003 have
enough capacity to cater for the increase in traffic generated by this modification.
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86. The developer will also be required to undertake the necessary modifications to the existing
school’s access and car parking in accordance with Eraland Consulting Pty Ltd Drawing Nos.
01691-1 Amdt D, 01691-2 Amdt E and 01691-3 Amdt D Dated July 2003. The developer will
have to construct the new road on an alignment that allows the school access to be constructed
in accordance with this plan and will also construct the modified car park and access at the
existing school. Discussion is to be held with Queensland Education about programming of
construction.
87. Access to each lot shall be constructed to the standards and requirements of the Council.
88. The following frontage works shall be constructed across all road frontages within the site:-
88.1. Construction of new kerb;
88.2. Vehicular access to each lot;
88.3. Associated stormwater drainage, generally in accordance with WBM’s Report of 2/10/02
and as subsequently modified in their letter to Council of 14/11/02.;
88.4. New stormwater management to correct the current problem of stormwater discharge
from the road reserve to the Noosa Primary School;
88.5. Hot mix correction to existing pavement as required;
88.6. Concrete bikeways/footpaths. The Developer is advised to contact Council to obtain the
footpath alignment.
88.7. The remaining footpath area shall be formed, topsoiled and turfed, and planted with trees.
A Development Permit for Operational Works shall be obtained prior to undertaking these
works.
89. Alterations to lot sizes, number of lots and layout may be required following the issue of a
Development Permit for Operational Works in respect of the internal roadworks design.
90. The developer will construct industrial strength crossovers to two parcels at the end of the
proposed cul-de-sacs to enable the largest service vehicle to do a three point turn and leave the
street in a forward direction. This will be included in an operational works application.
Bikeways/Pedestrian Paths
91. The developer will construct a path along the Beckmans Road frontage of existing Lot 7. The
Beckmans Road and new road bikeways should be constructed generally as indicated on
Eppell Olsen & Partners Drawing No 3866-003 Issue A dated October 2002. The bikeway on
the Beckmans Road frontage may need to be aligned within the open space area but any
alignment would require vegetation retention.
92. The developer will construct a pedestrian/bikeway linkage in the vicinity of proposed Lots 109 -
110 to the northern constructed end of Swanbourne Way in the form of a path and timber bridge
2 metres wide.
93. Internally (that is the area of the development north of Plan 3866-003) the bikeway network
should be as indicated on Plan 6812-39 by PMM Group dated 13/02/03 with the exception of
bikes being allowed in the open space area except the Swanbourne Way crossing. The
pedestrian paths indicated in the open space on the plan will need to have their alignment and
need agreed to in the Open Space Management Plan.
94. The developer will also construct a bikeway within the site along the road that allows connection
to the new road linkage, through the parcel to the east, to Swanbourne Way required by this
permit.
95. The developer will also be required to pay contributions towards the construction of the bikeway
link to the Lake Entrance Boulevard Network. The amount of the contribution shall be calculated
at the rate current at the date of payment, subject to CPI changes.
An estimate only of the contributions payable for each Stage is as follows:-
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Per Staging Plan PMM Group - Ref 6812-61H dated 8 September 2003
Stage
A B1 B2 B3 C D
Current at December March March March March December
CPI 2004 2010 2010 2010 2010 2004
Bikeway $ 21,944 $ 5,338 $ 6,524 $ 10,083 $ 17,200 $ 1,247
Contributions shall be paid prior to Council endorsement of the Plan of Survey for each Stage of
the reconfiguration.
With regard to Stage D, the future development of the Forest Cluster Precinct will attract further
contributions that will be assessed at the time of the future applications.
Sewer
96. The sewer network shall be generally in accordance with the approved ‘Sewerage Reticulation
Master Plan’ - Drawing 01691-130B by Eraland Consulting.
97. Design for a sewerage system to connect all new lots within the site to Council's existing
sewerage reticulation system shall be to the standards and requirements set out in Council’s
Engineering Design Standards. If the design requires the construction of a pump station and a
rising main, the connection point to Council's existing system will be nominated by the Manager
- Land Development.
98. Detailed design drawings and calculations shall be submitted with an application for a
Development Permit for Operational Works in respect of water or sewer works. To avoid conflict
with other underground pipes or services, all existing and proposed services required by the
development shall be shown on the plans.
99. All connections to sewer system shall be carried out either by Council or by a Council approved
Contractor and at no cost to Council. Any connection to a water main shall be undertaken by
Council.
Water
100. The water supply network shall be generally in accordance with the approved ‘Water Supply
Master Plan’ - Drawing 01691-140C by Eraland Consulting.
101. An application for a Development Permit for Operational Works for services shall be obtained
prior to commencement of works.
102. A reticulated water supply system shall be provided to connect to Council’s existing systems,
including a metered water connection to the property boundary of each proposed new lot within
the site. All fees for the supply of water meters shall be paid to the Council.
103. Fire hydrants are to be provided throughout the development in accordance with Council and
Queensland Fire Service standards.
104. Provision shall to be made in all parks locations for a water connection and should conform to
the recommendations of the Bushfire Management Plans. Under-road service conduits shall be
provided to ensure a connection is available.
Power, Telecommunications and Street Lighting
105. Any alteration of a public utility or other facility necessitated by the development of the land or
associated construction works either internal or external to the site shall be at no cost to
Council.
106. All lots are to be connected to underground power and telecommunications.
107. An underground electricity service shall be provided to each lot if not already provided.
In this regard, an approved ENERGEX Electrical Design Consultant shall work in conjunction
with Council’s Manager - Works Support to prepare detailed designs of the electrical proposal.
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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.
108. Street lighting and pathway lighting throughout the subdivision shall have a high energy efficient
rating to the reasonable satisfaction of Council and shall generally be provided in accordance
with the principles of Council’s Engineering Design Standards, section 11.3.3.
109. 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.
Engineering Works Designs
110. A suitably qualified Registered Professional Engineer, specialising in hydraulics shall prepare
engineering drawings and specifications for stormwater designs and shall be submitted in
conjunction with an application for a Development Permit for Operational Works.
111. All designs for engineering works involving the construction of pavements, kerb and channel,
vehicular access, footpaths, turnouts, stormwater drainage, water supply or sewerage
reticulation shall be prepared generally in accordance with the requirements of Council's
Engineering Design Standards (except where affected by the Water Sensitive Urban Design
Principles), shall reference where applicable to Council’s Standard Drawings and shall
incorporate best engineering practice.
112. Prior to Council endorsing a 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.
113. 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. 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. (Guidelines on the use of ADAC are available at www.adac.com.au ).
114. 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, level and
type of all services and structures. All of which shall be submitted to Council for checking and
for Council’s records.
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.com.au).
Approval of works shall not be granted until all As Constructed information has been supplied
and accepted by Council.
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General
115. All Class 1, Class 2 and Class 3 pest plants declared under the Land Protection (Pest and
Stock Route Management) Act 2002 are to be controlled on the site prior to Council
endorsement of the plan of survey. In this context “controlled” shall mean, for class 1 and 2
pests, completely eradicated. For class 3 pests it shall mean removal of the plants where they
threaten environmentally significant areas of the site such as riparian zones and areas of
natural vegetation.
Where class 3 plants are removed as a result of this condition and there is not sufficient natural
regeneration of native species, the areas shall be replanted with endemic native species so that
a sustainable natural ecosystem is restored.
Council’s Conservation Management Supervisor will not inspect the site until 30 days after the
weed treatment and replanting is complete.
116. The following steps shall be undertaken prior to commencement of any construction:-
116.1.The Principal Contractor shall give Council's Inspector seven (7) days' notice of intention
to commence works.
116.2.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.
116.3.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.
116.4.The site representative shall arrange to meet on-site with Council's Inspector to obtain
Council's requirements for construction of access.
116.5.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.
117. Prior to excavating any material to be used for fill on this site, a Development Permit for
Operational Works shall have been obtained for the site from which the excavated material is
taken. A soil report shall be submitted with the application certifying that the material is free of
acid sulphate soils and other deleterious materials.
118. The transportation of all materials to and from the site shall be undertaken in a manner such
that no particulate 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.
119. A program of works is to be submitted at the Prestart meeting 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.
120. 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:
120.1.Site Civil Works;
120.2.Roadworks;
120.3.Stormwater Drainage;
120.4.Frontage works;
120.5.Sewer reticulation including new mains, relocations, diversions, pump stations and rising
mains;
120.6.Water reticulation;
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120.7.Site Filling;
120.8.Excavation of materials to fill another site; and
120.9.Landscaping.
121. Operational works shall be carried out in a manner that prevents:
121.1.Pollution of a waterway;
121.2.Dust/sand nuisance to residents in the vicinity;
121.3.Transfer of dirt and debris onto a public road;
121.4.Excessive noise (less than 1.5 Dba above ambient measured at the lot boundaries);
121.5.Excessive traffic delays (less than 5 minute delays); and
121.6.Diminution of neighbourhood amenity (long term parking of employees vehicles, parking
of construction equipment etc.).
122. A traffic management plan shall be submitted in conjunction with a Development Permit for
Operational Works involving road or drainage works. The plan shall address all phases of
construction to be undertaken on site.
123. Where operational works are likely to affect nearby residents and the Noosa Primary School, 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.
124. Earthworks shall be generally contained within existing and proposed road reserves. Where
earthworks are required for the provision of services, existing contours shall be restored.
125. 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.
126. A registered practicing Geotechnical Engineer shall test the existing ground conditions for
suitability of placing additional fill, prior to such fill being placed.
127. Any existing fill or natural materials on the site or with the extent of approved works external to
the site which do not satisfy a Geotechnical Engineer's requirements shall be removed and
replaced with suitable material.
128. Fill shall be compacted to 95% relative dry density as per Main Roads Department Test No.
Q8A. A registered practicing Geotechnical Engineer shall supervise all the placement of fill and
shall certify that all lots have been compacted to the required standard.
129. Following completion of the filling works and prior to endorsement of the Plan of Survey, the
registered practicing Geotechnical Engineer supervising the works shall submit compaction
tests across the entire filled areas and a site classification report for each lot subject to filling.
The extent of fill and each lot site classification shall be shown on a metes and bounds survey
plan.
130. An appropriate property notation shall be placed on Council's rates records to advise
prospective purchasers of lots that have been filled that special foundations requirements will
apply.
131. Stormwater is to be disposed of on site so as to cause no scour or damage to adjoining
properties 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.
132. The stormwater discharge from the site shall be designed such that there is no net increase in
the rate of discharge as a result of the development for storm events up to 100 year ARI.
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133. Tabulated hydrologic and hydraulic calculations that demonstrate the adequacy or otherwise of
the existing site stormwater drainage system shall be submitted in conjunction with a
Development Permit for Operational Works. Such calculations shall include any remedial
measures necessary to rectify defects in the existing system. Where proposed site drainage is
to be connected to the existing system, the calculations shall clearly demonstrate the adequacy
of the existing drainage network to accept the additional stormwater flows.
134. Stormwater drainage shall include measures to protect proposed allotments from run-off from or
to surrounding land. The design shall also address controls for gross pollutants, nutrient runoff,
oil and grease, and silt and sediment (in accordance with the approved Environmental
Management Plan).
135. Underground stormwater systems shall be designed in accordance with Noosa Council’s
Engineering Design Standards, and shall be connected, where possible to Council's existing
drainage systems.
136. An easement of minimum width 4.0 metres shall be granted in favour of Council over any
stormwater pipes that traverse private property.
137. The design plans detailing surface levels, which shall be controlled across the site of the
development to create a major storm event overland flow path system to cater for the 1:100
year design storm, shall be submitted in conjunction with a Development Permit for Operational
Works. Any overland flow from external catchments shall be accepted and incorporated in the
major event surface flow drainage system through the site. Overland flows shall be discharged
in a safe manner and the product of velocity time depth shall not exceed 0.4 m²/sec.
138. 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 and the export of sediment from the site in accordance with the approved
Environmental Management Plan.
139. An easement for drainage in favour of Council shall be created over the full length and width of
major storm event surface flow paths within the site at no cost to Council.
140. A minimum floor level freeboard of 0.5m shall be provided for habitable and storage areas
above the top water level of the stormwater overland flows.
141. Details of any proposed estate entrance signage shall be submitted in conjunction with an
application for a Development Permit for Operational Works for either roadworks or
landscaping. A $1500 fee shall accompany the application.
The design shall conform to Council's "Signage Policy - Development Estate Entrance".
142. The proposed names of new roads (public and private) and parks shall be lodged with the
application for a Development Permit for Operational Works.
Names are to be selected from any of the following categories:-
142.1.Easily pronounced words of Murri languages.
142.2.Names or words of local significance or historical interest.
142.3.Flora, fauna, industry, topographical, geological and similar features and terms relative to
the district.
142.4.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.
143. All street signs on new roads (public and private) and parks shall be erected prior to works
being accepted on maintenance.
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144. 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.
145. Prior to commencement of work relating to a Development Permit for Operational Works, the
Applicant shall sign a written undertaking to be responsible for the full cost of repairs to road
pavement, footpath, kerb and gutter, or other Council property damaged as a result of
construction of the proposed development.
If any person acting under this permit damages any Council property or facilities (such as
underground drainage, water supply and sewerage) , through any cause whatsoever in the
course of, directly or indirectly carrying out development, that person shall forthwith notify the
Manager - Land Development and shall forthwith rectify that damage at its cost and to the
satisfaction of the Manager - Land Development. Alternatively, the Applicant may request the
Council to carry out the rectification works.
Any damage to a water main shall be rectified by Council. Any damage to a sewer main shall be
undertaken by either Council or a Council approved contractor.
In all cases, Council reserves the right to carry out rectification works in an emergency and
where no reasonable attempt has been made to complete the rectification works as part of the
development.
All costs incurred by Council in any rectification works shall be repaid to Council prior to the
endorsement of the Plan of Survey.
5 REFERRAL AGENCY CONDITIONS
Not applicable.
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the development
approval conditions.
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. Approval of this development application will trigger an Infrastructure Charge in accordance with
the Coastal Major Road Network Infrastructure Charges Plan. An estimate only of the amounts
payable for each Stage is as follows:-
Per Staging Plan PMM Group - Ref 6812-61H dated 8 September 2003
Stage
A B1 B2 B3 C D
Current at December March March March March December
CPI 2004 2010 2010 2010 2010 2004
CMRNICP $ 195,132 $ 54,644 $ 66,787 $ 103,217 $ 176,076 $ 12,765
These amounts will subject to variations in the Consumer Price Index, All Groups Brisbane until
the date of payment. Infrastructure Charge Notices will be issued in accordance with Chapter 5
of the Integrated Planning Act 1997 and will require payment of the charges prior to the
endorsement of the Plan of Survey for each Stage.
With regard to Stage D, the future development of the Forest Cluster Precinct will attract further
Infrastructure charges that will be assessed at the time of the future applications.
2. Payment via credit card transaction will not be an acceptable method of payment for
development contributions conditioned in this permit or for infrastructure charge notices issued
separately.
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23616DA
3. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if
the cost of operational works exceeds $80,000, then a portable long service levy is required to
be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved
form issued by the Building and Construction Industry (Portable Long Service Leave) Authority
that confirms that the requirements of the Act have been satisfied. A statutory declaration
outlining the cost of the operational works must be submitted to Council with the lodgement of
any application for operational works over the site.
Additional Advisory Note
4. The applicant is advised that development contributions and infrastructure charges applicable to
this development approval have been based on the following Uses Class/ Uses and applicable
quantities:-
Approved Development
Existing Development
Per Staging Plan PMM Group - Ref 6812-61H dated 8 September 2003
Existing Use Existing Approved Use Class /
Approved Quantity
Class / Use Quantity Use
Stage A = 88 house lots
Stage B1 = 18 house lots
Stage B2 = 16 house lots +
Detached House 1 x vacant lot Detached House 6 group house lots
Stage B3 = 34 house lots
Stage C = 58 house lots
Stage D = 5 house lots
With regard to Stage D, the future development of the Forest Cluster Precinct will attract further
Infrastructure contributions & charges that will be assessed at the time of the future
applications.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not harm
Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act
can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage
or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not applicable.
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable.
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23616DA
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Material Change of Use Dwelling Houses and Dwelling Units
Development Permit for Building Works Dwelling Houses, Dwelling Units and Estate
Sales Office
Development Permit for Operational Works Landscaping, car parking and access, frontage
works, stormwater disposal, sediment and
erosion controls, filling of the site
11 SELF ASSESSABLE CODES
Not applicable.
12 SUBMISSIONS
Not applicable.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable.
14 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Sustainable Planning Act 2009 is attached.
15 OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies are available on
line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Decision Notice History
24 February 2005 Original Decision Notice.
19 February 2007 - Change to Existing Approval with amendments to Conditions 35 & 66.
7 May 2008 Change to Existing Approval with amendments to Condition 66
21 June 2010 Change to Existing Approval with amendments to Conditions 81, 95 &
Advisory Note 1 and addition of Advisory Note 4.
Yours faithfully,
Denis Wallace
Senior Development Planner
Encl: Appeal Rights
4 x Infrastructure Charge Notices (for changes to Stages B & C)
IC 206 Rev 1 = stage B1 (applicable to "current" registered lot: 800 SP 196520)
New IC Rev 0 = stage B2 (applicable to "current" registered lots: 800 SP 196520 & part 500 SP 190382)
New IC Rev 0 = stage B3 (applicable to "current" registered lot: 800 SP 196520)
IC 207 Rev 1 = revised stage C (applicable to "current" registered lot: 7 RP 80412)
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Appeal Rights
SUNSTAINABLE PLANNING ACT 2009 & SUSTAINABLE
PLANNING REGULATION 2009
(3) However, a submitter may not appeal if the
submitter—
The following is an extract from the Sustainable
Planning Act 2009 (Chapter 6). (a) withdraws the submission before the
application is decided; or
MATERIAL CHANGE OF USE, RECONFIGURING A (b) has given the assessment manager a
LOT & OPERATIONAL WORKS notice under section 339(1)(b)(ii).
Division 8 - Appeals to court relating to development (4) The appeal must be started within 20 business
applications days (the submitter’s appeal period) after the
461 Appeals by applicants decision notice or negotiated decision notice is
(1) An applicant for a development application may given to the submitter.
appeal to the court against any of the following- 463 Additional and extended appeal rights for
(a) the refusal, or the refusal in part, of a submitters for particular development
development application; applications
(b) any condition of a development approval, (1) This section applies to a development
another matter stated in a development application to which chapter 9, part 7
approval and the identification or inclusion applies.
of a code under section 242 (2) A submitter of a properly made submission for
(c) the decision to give a preliminary approval the application may appeal to the court about a
when a development permit was applied referral agency’s response made by a
for; prescribed concurrence agency for the
application.
(d) the length of a period mentioned in section
(3) However, the submitter may only appeal
341;;
against a referral agency’s response to the
(e) a deemed refusal of the development extent it relates to—
application.
(a) if the prescribed concurrence agency is the
(2) An appeal under subsection (1)(a), (b), (c) or chief executive (environment)—
(d) must be started within 20 business days development for an aquacultural ERA; or
(the applicant’s appeal period) after—
(b) if the prescribed concurrence agency is the
(a) if a decision notice or negotiated decision chief executive (fisheries)—development
notice is given—the day the decision notice that is—
or negotiated decision notice is given to the
applicant; or (i) a material change of use of premises
for aquaculture; or
(b) otherwise—the day a decision notice was (ii) operational work that is the removal,
required to be given to the applicant. damage or destruction of a marine
(3) An appeal under subsection (1)(e) may be plant
started at any time after the last day a decision (4) Despite section 462(1), the submitter may
on the matter should have been made. appeal against the following matters for the
462 Appeals by submitters - general application even if the matters relate to code
(1) A submitter for a development application may assessment—
appeal to the court only against- (a) a decision about a matter mentioned in
(a) the part of the approval relating to the section 462(2) if it is a decision of the chief
assessment manager’s decision about any executive (fisheries);
part of the application requiring impact (b) a referral agency’s response mentioned in
assessment under section 314; or subsection (2).
(b) the part of the approval relating to the 464 Appeals by advice agency submitters
assessment manager’s decision under (1) Subsection (2) applies if an advice agency, in
section 327.
its response for an application, told the
(2) To the extent an appeal may be made under assessment manager to treat the response as
subsection (1), the appeal may be against 1 or a properly made submission.
more of the following— (2) The advice agency may, within the limits of its
(a) the giving of a development approval; jurisdiction, appeal to the court about—
(b) any provision of the approval including— (a) any part of the approval relating to the
(i) a condition of, or lack of condition for, assessment manager’s decision about any
the approval; or part of the application requiring impact
assessment under section 314; or
(ii) the length of a period mentioned in
section 341 for the approval.
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23616DA
(b) any part of the approval relating to the (1) A person to whom a notice under section
assessment manager’s decision under 378(9)(b) giving a decision to change or cancel
section 327 a condition of a development approval has
(3) The appeal must be started within 20 business been given may appeal to the court against the
days after the day the decision notice or decision in the notice.
negotiated decision notice is given to the (2) The appeal must be started within 20 business
advice agency as a submitter. days after the day the notice of the decision is
(4) However, if the advice agency has given the given to the person.
assessment manager a notice under section For Building Works Only
339(1)(b)(ii), the advice agency may not appeal 532 Appeals by applicants
the decision.
(1) If—
465 Appeals about decisions relating to
extensions for approvals (a) a person has been given, or is entitled to be
given—
(1) For a development approval given for a
development application, a person to whom a a. an information notice under the
notice is given under section 389, other than a Building Act about a decision
notice for a decision under section 386(2), may other than a decision under that
appeal to the court against the decision in the Act made by the Queensland
notice. Building Services Authority; or
(2) The appeal must be started within 20 business b. an information notice under the
days after the day the notice of the decision is Plumbing and Drainage Act 2002
given to the person. about a decision under part 4 or
5 of that Act; or
(3) Also, a person who has made a request under
section 383 may appeal to the court against a (b) a person—
deemed refusal of the request a. was an applicant for a building
(4) An appeal under subsection (3) may be started development approval; and r
at any time after the last day the decision on b. is dissatisfied with a decision
the matter should have been made. under the Building Act by a
building certifier or referral
466 Appeals about decisions relating to
agency about inspection of
permissible changes)
building work the subject of the
(1) For a development approval given for a approval; the person may appeal
development application, the following persons against the decision to a building
may appeal to the court against a decision on a and development committee.
request to make a permissible change to the
(2) An appeal under subsection (1) must be started
approval—
within 20 business days after the day the
(a) if the responsible entity for making the person is given notice of the decision.
change is the assessment manager for the
(3) If—
application—
(a) under the Building Act, a person makes an
(i) the person who made the request; or
application other than a building
(ii) an entity that gave a notice under development application to a local
section 373 or a pre-request response government; and
notice about the request
(b) the period required under that Act for the
(b) if the responsible entity for making the local government to decide the application
change is a concurrence agency for the (the decision period) has passed; and
application—the person who made the (c) the local government has not decided the
request..
application; the person may appeal to a
(2) The appeal must be started within 20 business building and development committee
days after the day the person is given notice of against the lack of the decision and for the
the decision on the request under section 376. committee to decide the application as if it
(3) Also, a person who has made a request under were the local government.
section 369 may appeal to the court against a (4) An appeal under subsection (3) must be started
deemed refusal of the request. within 20 business days after the end of the
(4) An appeal under subsection (3) may be started decision period.
at any time after the last day the decision on
the matter should have been made.
467 Appeals about changing or cancelling
conditions imposed by assessment
manager or concurrence agency
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