OPW15/0044 - Approved Decision Notice

Officer:	Mark Lewis
Direct Telephone:	07 5329 6290
Our Reference:	MLEWIS:OPW15/0044
Your Reference:	14328

7 July 2015

WM Projects Pty Ltd
C/- KHA Development Managers
PO Box  6380
MAROOCHYDORE BC  QLD  4558

[email protected]

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009

I refer to your application and advise that on 6 July 2015, Council decided to approve the application in full subject to conditions.

Details of the decision are as follows:
APPLICATION DETAILS

Application No:	OPW15/0044
Street Address:	Sporting Field 35 Mary River Rd & Garnet St COOROY  QLD  4563
Real Property Description:	Lot 45 USL 31429, Lot 204 MCH 976 & Lot 157 MCH 4833
Planning Scheme:	The Noosa Plan (16 September 2013)

DECISION DETAILS

The following type of approval has been issued:
Development Permit for Operational Work (Roadworks, Stormwater, Drainage, Landscaping, Clearing Vegetation & Waterway Barrier Works)

RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 2 years starting the day that this development approval takes effect.

ASSESSMENT MANAGER CONDITIONS

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
3340006E-EW-100	G	Locality Plan & Drawing Index prepared by SMEC	12 May 2015
3340006E-EW-101	G	Roadworks & Drainage Layout Plan prepared by SMEC as amended by conditions herein	12 May 2015
3340006E-EW-102	G	Road Longitudinal Section prepared by SMEC as amended by conditions herein	12 May 2015
3340006E-EW-103	G	Road Typical Section prepared by SMEC	12 May 2015
3340006E-EW-104	G	Road Cross Sections prepared by SMEC as amended by conditions herein	12 May 2015
3340006E-EW-105	G	Stormwater Drainage Culvert Details prepared by SMEC as amended by conditions herein	12 May 2015
3340006E-EW-106	G	Stormwater Drainage Culvert Sections prepared by SMEC as amended by conditions herein	12 May 2015
3340006E-EW-107	G	Stormwater Drainage Longitudinal Sections & Culvert Setout prepared by SMEC as amended by conditions herein	12 May 2015
3340006E-EW-110	G	General Notes prepared by SMEC	12 May 2015
3340006E-EW-111	G	Gabion & Fish Passage Details prepared by SMEC	12 May 2015
3340006E-EW-112	G	Guardrail Details prepared by SMEC as amended by conditions herein	12 May 2015

SITE SPECIFIC CONDITIONS
Plan amendments
The western culvert must be relocated to the east of the location shown on plan No.3340006E-EW-101 Rev G. The outlet must be located generally in accordance with the plan submitted to Council on the 29/6/2015 titled “Garnet Street Culvert Upgrade – Proposed Repositioning of Western Culvert dated 29-06-2015”.
Prior to the pre-start meeting all relevant plans that indicate the western culvert must be amended to reflect the relocated position. The amended plans must be submitted to Council and approved a minimum of 5 days prior to the pre-start meeting.
Velocity Management
At least 5 days prior to requesting a Pre-Start Meeting, the applicant must provide to Noosa Council,  and receive a letter of approval from Council’s Environment Officer  prior to the pre-start meeting for one of the below:
Plans that demonstrate the post-construction peak 1-year ARI velocities within Cooroy Creek will not exceed the pre-development peak 1-year ARI event velocities in unarmoured parts of the creek. OR
A letter from  each of the following:
Where velocities will be increased in areas of the creek bed  or bank that are not proposed to be armoured, a letter from the Registered Professional Engineer of Queensland, or Certified Professional in Erosion and Sediment Control to:
outlining mitigation measures to avoid creek bed and bank erosion as a result of the design, and
confirm that the increased velocities as a result of the works will not to cause migration of the creek onto adjoining properties
Department of Forestry and Fisheries acknowledging that the increased velocity at the southern side of the fish passage culvert is acceptable; and
Where velocities will be increased in areas of the creek bed  or bank that are not proposed to be armoured, a letter from the Department of Environment and Heritage Protection -Director of Wildlife Management Depart confirming that the accelerated velocities will not impact on the long term objectives of the Approved Species Management Plan.

PRIOR TO COMMENCEMENT OF WORKS
Engineering
Submit amended plans to Council as described in the conditions. Plans must be submitted and approved prior to the pre-start meeting.
Tree protection fencing must be installed under the supervision of the Project Arborist.  (Refer to Retention of Existing Trees Conditions)
Copies of the approved plans, duly signed by the consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer Construction at the “pre start” meeting
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council at the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart.  The contact number to arrange a pre-start meeting is 5329 6244. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Landscape works;
Erosion and sediment control works;
Other relevant parties
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Any expected road closures including alternate routes and expected extent of closures
Proposed fencing to the site during the construction phase of the development
Adequate parking arrangements for construction workers
No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off
Works programme identifying key components of the works and their respective durations
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues
Identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
Details on the location of external fill sites/sources, the haulage route, etc
Details of the time frame and construction methods to be used for those works within the playing fields.
In regard to the timing of the works impacting on the field the works are to be:
after 22 August  to allow the soccer club to complete fixtures.
completed before the summer soccer season starts in mid-October.
kept to a minimum duration.
Boundary clearance requirements around the field are 3m from the line marking. The applicant will need to ensure that any works commenced prior to the end of season complies with the buffer requirements.
Impacts on the field integrity to be kept to a minimum and full reinstatement of the field to pre-works conditions are completed by the developer.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.

DURING CONSTRUCTION
Engineering
The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice
The relevant conditions of the higher order Material Change of Use & Reconfiguration of Lot approval viz. 132004.240018.A (23689DA)  to which this approval relates
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site
Roadworks
All pavement widening or construction of new pavement must join neatly to the existing pavement so that there are no irregularities in line or level resulting at or adjacent to the join for the length of the construction.  Where necessary the existing pavement must be brought to a satisfactory standard to allow for the above.
All street surfacing must consist of a minimum depth of 40mm of an approved hot mixed asphaltic concrete, unless other pavement types are approved as feature areas in intersection thresholds, speed control devices, turning areas, indented parking etc.
The installation and/or modification of any traffic signs, street signs, line marking and Raised Reflective Pavement Markings (RRPMs) must be in accordance with the Manual of Uniform Traffic Control Devices (MUTCD).  New or relocated signage must be installed using the VLok installation system.  All new signage must be Class 1 retroreflective material in accordance with AS 1906.1, Retroreflective materials and devices for road traffic control purposes – Part 1: Retroreflective sheeting.
The developer must notify Council’s Traffic Engineer for any works involving the removal or modification of existing council traffic signs and/or parking bays prior to such works commencing.
Root barriers are required to be installed behind the back of kerb for all new kerbs within 5m of a trunk of a tree.
Pavement Design and Construction
The pavement designs shown on the engineering drawings are not approved.  To attain approval for the pavement design, the following details must be submitted and certified by an RPEQ with the proposed pavement design:
The design CBR must be based on the four day soaked CBR value for the subgrade material.
The design subgrade CBR must be representative of each homogenous insitu section of finished subgrade.  With respect to each section:
For four or less test results, the design CBR must be taken as the least estimated insitu CBR result.
For five or more test results, the design CBR must be taken as the 10th percentile of all estimated insitu CBR results.
The samples must be taken generally in the position of the outer wheel path on both sides of the proposed road.  A sketch plan showing the location of all tests must be submitted with the test results for pavement design approval
Where imported material has been (or is proposed to be) used for subgrade replacement, and the depth of the imported material is less than 300mm, the pavement design CBR must be based on the testing results of the insitu material and not the imported material.
At the time of subgrade inspection, the subgrade must exhibit no visible signs of deformation under proof rolling by a fully loaded water truck.  The pavement subgrade will not be passed until this requirement has been achieved.
Works Within Road Reserve/Reinstatement
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
All works must match neatly with existing road and verge/footpath features. Additional works may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Electrical conduits or other services proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring.  Trenching is not permitted, unless specifically approved by Council.
Pathways
All pathways must be constructed in accordance with the following requirements:
All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065.
Provision must be made for disabled access at all kerb crossings associated with pathways, in accordance with Council's current standards.
All paths must have a slip resistant surface
Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth ride for cyclists
The required work includes any modifications to ensure the footpath finishes flush with all existing service covers and the like, or alternatively these services are raised or altered, so as not to create a pedestrian safety hazard
Pathways must:
terminate in a manner that ensures smooth transition to existing surfaces for public safety
be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS1428 Design for access and mobility
Earthworks and Retaining Walls
Fall protection must be provided to retaining walls that are over 1m high.
Slope and batters are a maximum grade of:
1 in 6 where in proximity to waterbodies
1 in 4 for grassed areas.
1 in 3 for planted areas
1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (eg by blocking or interfering with natural overland flows).
Erosion and Sediment Control
The contractors design for managing sediment and erosion control and in stream works must be in accordance with Appendix I In stream Works of the Best Practice Erosion and Sediment Control Book 2008 by the International Erosion Control Association and certified by a Certified Professional in Erosion and Sediment Control (CPESC).
The CPESC certification demonstrating that the design is consistent with the Instream Works Code Of Practice must be provided to Council’s Environment Officer at least business 5 days prior to the prestart meeting for review.
Two construction hold points must be held with Council’s delegated erosion and sediment control officer. The first hold point must be established prior to commencement of earthworks and then a second hold point prior to commencement of excavation works within creek banks.
At the construction hold point inspection, all drains, bunds, isolation barriers required to divert waters away from soils about to be disturbed in the upcoming works as well as sediment control measures must be installed. All areas that will not require excavation or filling must be stabilised to prevent entrainment of sediments into receiving waters. Excavations within creek banks must not commence until after the Council’s delegated erosion and sediment control officer has provided written confirmation that this condition has been completed.
Any temporary drainage works to manage stormwater flows during the construction phase of development must be designed by the supervising CPESC to convey a 1 in 2-year ARI event without resulting in visible scour within flow paths.
Prior to the completion of the development, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium- to long-term (refer to E&SC Advisory Notes).  For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
Public roads and kerb and channels must be kept free of prescribed water contaminants including dirt, mud, sand, silt soil and clay.

Environment
Vegetation Protection
Vegetation areas for protection must:
Be protected in accordance with the approved plan.
Be protected with a 1.8m high temporary safety fence or temporary barrier mesh / three-strand wire with pickets at 3m centres).
Have the fence installed prior to the prestart meeting and maintained for the entire period of construction.
Have ‘Exclusion Zone’ (‘No Go’) signage fixed to the fence at regular and relevant intervals.
Have no construction material, equipment or personnel entering the exclusion zone except to undertake approved rehabilitation activities.
Be protected from any damage except council approved vegetation removal for the protection of persons or property.
Include assessment and works by a qualified person* prior to On and Off Maintenance, to identify and mitigate tree hazards to persons or property.
*(Refer to Advisory Note)
A qualified person * must be engaged for the duration of the works to:
Ensure works are carried out in accordance with the approved plans.
Oversee installation of all tree protection fencing prior to commencement of any works onsite (including any clearing).
Supervise tree protection within the development site and frontages, prior to, during and following construction in accordance with AS 4970, Protection of trees on development sites.
Oversee approved tree removal in proximity to retained trees.
Undertake a risk assessment of all trees within striking distance of the development works, neighbouring properties, public areas and carry out hazard removal and amenity pruning in accordance with AS 4373, Pruning of amenity trees.
*(Refer to Advisory Note)

Fauna
A qualified person* must be engaged to manage fauna prior and during operational works including clearing, de-watering and excavations to:
Ensure works are carried out in accordance with the Nature Conservation Act 1992.
Undertake pre-clearing and de-watering inspections including fauna relocation, removal or blocking of all vacant hollows/burrows and other methods necessary to reduce fauna load prior to the development occurring.
Co-ordinate staging and sequence of clearing/de-watering and earthworks with fauna protection.
Protect and recover fauna during clearing/ de-watering/ excavations operations (not previously removed).
Manage the translocation of animals and recovery procedures in accordance with relevant legislation.
*(Refer to Advisory Note)
Vegetation Clearing
Vegetation removal, felling and lopping must:
Retain old growth tree hollows and suitably relocate and distribute for nesting fauna.
Where suitable for civil works, retain root ball for bed and bank stability.
Mulch all other wood and leaf material (without root balls, soil or debris and minimising weed seeds) for re-usable mulch.
Have mulch for re-use in landscape or rehabilitation stockpiled and aged for a minimum of three months.
Have mulch stockpiles no larger than 1000m3, 2.5m in height and with 10m separation between piles.
Allow for existing endemic ground flora to be translocated to suitable landscaping and rehabilitation areas.
Conclude with the area being stabilised against erosion, landscaped, rehabilitated and revegetated.
*(Refer to Advisory Note)
Rehabilitation Works
All works must be in accordance with the approved rehabilitation plan and include:
Any mulch/soils to batters/gabions and other surfaces likely to enter the waterway under normal flow conditions must be secured in place with an open weave jute matting.
Plantings to gabions must include suitable growing media to sustain continued growth and include the use of local native vine/ground covers species to mask the structure. Species to be used can include Lomandra hystrix, Dianella sp., Cissus antarctica, Cissus hypoglauca, Elaeagnus triflora, Viola hederacea, Adiantum sp., Pteridium sp., Stephania japonica, Eustrephus latifolius and Hardenbergia violacea.
Ensure suitable plants species are selected for appropriate areas and purpose.
Any scouring, erosion, or other soil entrainment processes that occur during the rehabilitation maintenance period as a result of the approved works must be promptly addressed and fixed.
Maintenance
Rehabilitation works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice.
*(Refer to Advisory Notes)
The Rehabilitation supervisor must annually:
Organise formal inspection with council’s delegate.
Submit to council (with each inspection request) a Rehabilitation Status Report (written and photographic), mapping:
The condition of the regeneration area.
Detailing works undertaken in the previous year.
Photographic reference points and photographs.
Measuring the works against the conditioned Performance Criteria.
*(Refer to Advisory Notes)
Rehabilitation maintenance must be for a minimum of a 3 year period.
A Bond of $12000 must be submitted to Council at the commencement of the Rehabilitation maintenance period. The bond can be reduced at the relevant stages of the maintenance period upon request to and approval by Council.
Rehabilitation works must meet the following Performance Criteria for:
Year One – 12 months after acceptance of works On Maintenance:
Planted trees have achieved an average height of 1m.
Planted shrubs have achieved an average height of 0.4m.
Year Two - 24 months after acceptance of works On Maintenance:
Planted trees have achieved an average height of 2m.
Planted shrubs have achieved an average height of 1m.
Year Three - Final acceptance after acceptance of works On Maintenance:
Planted trees have achieved an average height of 3m.
Planted shrubs have achieved an average height of 1.2m.
Canopy and / or vegetative strata must not be devoid for any area greater than 1.0m2 within any 10m2 sample.
Plant density shading out and/or self-mulching.
The duration of the establishment period:
Adherence to maintenance regime for rehabilitation and revegetation areas.
No evidence of woody weeds reshooting from stumps, poisoned trees or the regrowth of cut stumps.
No evidence of over-weeding or impact on non-target species.
Signs of indigenous recruitment in rehabilitation areas.
Weed infestations less than 5% of the rehabilitation areas.
Any failed plants within the previous 12 month period have been replaced.
Healthy and vigorous growth allowed to grow to full form.
Mulch layer sufficient to suppress weeds.
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.

FOLLOWING CONSTRUCTION / PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY
Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
Certification of the completed works must be provided by the supervising engineer, together with certification from the Hydraulic Engineer that the completed works conform with all aspects of the flood modelling for the development
As Constructed Plans (Council)
Prior to acceptance of civil works to become Council assets “On Maintenance”, the lodgement of satisfactory “As Constructed” records must be submitted to Council. The “As Constructed” information must include:
Drawings and data certified by a qualified experienced Civil Engineer (RPEQ) for design intent, and certified by a Licensed Surveyor in regard to the cadastre and the location, level and type of all services and structures
The data must be in accordance with Council’s – Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks, and fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels
The data must be submitted in hardcopy form and digital format (Asset Design and As Constructed (ADAC)) in GDA94 Zone 56 coordinate values. Guidelines on the use of ADAC are available at www.adac.com.au
On Maintenance
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to Council accepting the works as complete. To achieve ‘On Maintenance’, the supervising RPEQ must submit to council:
Certification that all works have been undertaken and completed in accordance with the requirements of this Permit
As Constructed details in accordance with Council’s Planning Scheme Policy
Maintenance and operational manuals for all proprietary or site specific devices
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection.
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
a Council inspection reveals works do not comply with approval requirements
submitted certification falsely states works comply with approval requirements.

REFERRAL AGENCIES

The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response
Concurrence	SARA at DSDIP Mike Ahern Government Building 12 First Avenue MAROOCHYDORE  QLD  4558 Online: Mydas (at www.dsdip.qld.gov.au) Email:[email protected]	Schedule 7, Table 2, Item 5 - Clearing Vegetation Schedule 7, Table 2, Item 9 - Taking or Interfering with Water Schedule 7, Table 2, item 29 - Constructing or Raising Waterway Barrier Works	The agency provided its response on 5 June 2015  (Reference No. SDA-0415-019832).  A copy of the response is attached.

ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
General Advisory Notes
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6244 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
If Council officers are required to undertake additional inspections of the same works, a reinspection fee will be applicable in accordance with Council’s Fees and Charges register applicable at the time.
A minimum maintenance period of 12 months will apply to all municipal works and thereafter until such time as the works are performing in accordance with the approved design unless noted otherwise
Environmental Advisory notes
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
Accepted best practice standards include:
the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2 or other superseding document subsequently adopted by Council;
Best Practice Erosion and Sediment Control, International Erosion Control Association (2008)
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the completion of the works:
Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual; and
Stormwater runoff from the site is not currently, and is not likely to result in visible evidence of sedimentation or erosion, or lead to water contamination.
If at the time of completion of the works, the method of short-term stabilisation has not achieved a level of stability that Council's Officers believe will have a high probability of achieving long term stability, Council Officers may take the following matters into consideration in determining whether the site is capable of achieving medium to long-term stability:
Evidence that the site has been effectively stabilised in the short term;
Evidence that soil has been adequately ameliorated;
Evidence that seed of annual and perennial grass species has been applied at an adequate rate; and
That grass seed has germinated at a density that is likely to achieve an effective grass cover.
For example, while hydromulch can provide an immediate and effective stabilising cover to soils, the protective cover can be relatively short-lived if vegetation fails to establish before the thin layer of mulch decomposes. So if hydromulch is selected as the method of temporary short term stabilisation, Council Officers will seek to confirm that perennial as well as annual grasses are well established at the time of plan sealing to reduce the risk of instability of the site in the medium to long term. As a general rule, hydromulch will only be accepted as a “patch” fix and should comprise no more than 20% of the exposed site area due to the high risk of failure. Due to the requirement to progressively stabilise exposed areas, it is not envisioned that this will present any difficulties for an appropriately managed and compliant site
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.
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 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 3239 3647 to discuss any obligations under the ACH Act.

Qualified Person
Qualified Person, for the purpose of:
Undertaking rehabilitation construction and establishment works is considered to be a person with five years current experience in revegetation and regeneration.
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.
Undertaking Fauna site works, Fauna protection and preparing Fauna reporting is considered to be a person with current certification issued by the Department of Environment and Heritage Protection under Section 12(e) Nature Conservation (Administration) Regulation 2006.

PROPERTY NOTES

Not Applicable.

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

FURTHER DEVELOPMENT PERMITS REQUIRED

Not Applicable

SELF ASSESSABLE CODES

Not Applicable.

SUBMISSIONS

Not Applicable.

REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

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.

During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval.  If Council agrees or agrees in part with the representations, a “negotiated decision notice” will be issued.  Only one “negotiated decision notice” may be given.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

Yours faithfully

Monkeith Kadhum on behalf of

Mark Lewis
COORDINATOR - Engineering

Enc:	Referral Agency Response
Approved Plans/Documents
Appeal Rights

cc	Unitywater

SARA at DSDIP
[email protected]

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started 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
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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