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Decision Notice - MCU22 0197 [As Published] · MCU22/0197

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                                                                                   Officer:            Lisa Pienaar
                                                                                   Direct Telephone:   07 5329 6514
                                                                                   Our Reference:      MCU22/0197
                                                                                                       OPW22/0296
                                                                                                       RAL22/0031
                                                                                   Your Reference:     0426

               20 June 2023


               IS Trovatello & SA Rawson
               C/- Pivotal Perspective Pty Ltd
               4/59 Mary Street
               NOOSAVILLE QLD 4566
               [email protected]



               Dear Sir/Madam,
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 15 June 2023, Council decided to approve the
               application, subject to conditions.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              MCU22/0197, OPW22/0296 & RAL22/0031

                   Street address:              73 Southern Cross Pde Sunrise Beach Qld 4567

                   Real property description:   Lot 672 RP 225123

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for Material Change of Use – Dual Occupancy
               •       Development Permit for Operational Works – Landscaping, Roadwork, Stormwater &
                       Clearing Vegetation
               •       Development Permit for Reconfiguring a Lot – Subdivision by Community Title Scheme (1
                       into 3 lots)
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.




               ABN 97.969.214.121                                                            PO Box 141
               noosa.qld.gov.au                                                       Tewantin QLD 4565
               [email protected]                                                       07 5329 6500
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               4.     ASSESSMENT MANAGER CONDITIONS

                                                    MATERIAL CHANGE OF USE
               PLANNING
                      When Conditions must be Complied With
               1.     Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
                      the use commencing, and then compliance maintained at all times while the use continues.
                      Currency Period
               2.     This development approval lapses if the use has not happened by 15 June 2029, unless an
                      application to extend the currency period is approved by Council.
                      Approved Plans
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the tables below. The plans must be amended to incorporate
                      the amendments listed within the table below and resubmitted to Council prior to the issue
                      of any Development Permit for Operational Works*.

                        Plan No.            Rev.    Plan/Document Name                             Date

                        A.002               B       Site Plan, prepared by Zest Design             31/01/2023

                        A.100               C       Master Floor Plan, prepared by Zest Design 31/01/2023

                        A.300               B       Sections, prepared by Zest Design              31/01/2023

                        A.301               A       Sections, prepared by Zest Design              31/01/2023

                      The following plans require amendment.

                        Plan No.             Rev.    Plan/Document Name                              Date

                        A.200                C       Elevations, prepared by Zest Design             31/01/2023

                        Amendments           The front balustrade is to include a mix of building materials or design
                                             to further articulate the front façade of the building.

                      *(Refer to Advisory Note)
                      Building Height
               4.     The maximum height of the development must not exceed 8 metres above the ground level
                      and the exposed portion of the external façade of the building, except for the apex of the roof
                      of unit 1 which must not exceed 8.17 metres.
               5.     Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
                      certifies that the building does not exceed the maximum height requirement of this Decision
                      Notice.
                      Performance Bond
               6.     Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must
                      be submitted to Council, to secure performance of all conditions of this approval, prior to pre-
                      start meeting. The cash bond or trading bank guarantee will be returned on performance of
                      the conditions of approval less any costs incurred by Council in respect of enforcing
                      performance of this permit. Council reserves the right to call upon the bond or guaranteed
                      sum to effect compliance with conditions.




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                      Street Identification
               7.     The street address of the development must be clearly visible and discernible from the
                      primary frontage of the site by the provision of a street number and, where appropriate, the
                      building name.
                      Water & Sewer Connections
               8.     An underground connection to reticulated water and sewerage must be provided to the
                      premises in accordance with the standards and requirements of Northern SEQ Distributor–
                      Retailer Authority (Unitywater).
               9.     A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater)
                      must be submitted to Council that certifies an underground connection to reticulated water
                      and sewerage has been provided to the premises.
                      Building Appearance
               10.    All deck and balcony areas above ground level must not be enclosed with shutters, louvres,
                      glass panelling or the like.
               11.    External colours and finishes must be of an understated colour scheme and low-reflective
                      roofing and cladding materials.
               12.    All air conditioning units or other mechanical equipment must be located at ground level, or
                      otherwise fully enclosed or screened such that they are not visible from the street frontages
                      nor adjoining properties.
               13.    Waste storage areas, clothes drying areas and external storage areas must be screened
                      from view of the street.
                      Clothes Drying Areas
               14.    Each dwelling unit must be provided with access to an outdoor clothesline which is screened
                      from public view.
                      Fencing and Walls
               15.    Fencing must:
                      a. Be located wholly within lot boundaries.
                      b. Front fences are no more than 1.2 metres high or 1.8 metres if at least 80% transparent.
                      c. Be setback an average of 1 metre with dense screening landscaping between boundary
                         and fence.
                      Waste Management
               16.    A waste storage area must be provided in accordance with Planning Scheme Policy 9, Waste
                      Management and the Noosa Plan’s Waste Management Code, including an external
                      imperviously paved area correctly sized for all refuse and recycling containers and suitably
                      screened from public places and neighbouring properties.
                      Community Management Statement
               17.    Any proposed Community Management Statement required for the development pursuant to
                      the Body Corporate and Community Management Act 1997 must be submitted to Council for
                      endorsement at the same time as submission of the Building Format Plan (or similar) to
                      Council for compliance assessment.
                      Landscaping Works
               18.    The development site must be landscaped. The works must be undertaken in accordance
                      with the Operational Works approval and the Noosa Plan for that specific area and must
                      include in particular:
                      a.      the works shown on the Approved Plans.




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                      b.      all landscape works must be established and maintained in accordance with the
                              approved design for the life of the development, and in a manner that ensures healthy,
                              sustained and vigorous plant growth. All plant material must be allowed to grow to full
                              form and be refurbished when its life expectancy is reached.
               19.    All landscape works must be maintained generally in accordance with the approved design
                      for the life of the development.
               20.    Certification must be submitted to Council from a qualified person* which certifies that the
                      development has been constructed in accordance with the landscaping works conditions of
                      this Decision Notice.
                      *(Refer to Advisory Note)
                      External Works
               21.    Southern Cross Parade must be upgraded for the length of its frontage to the subject site.
                      The works must be undertaken in accordance with the conditions held within this Decision
                      Notice, be generally in accordance with RECOR’s Stormwater Layout Plan (040, Rev. B)
                      dated 23 February 2023 and must include in particular:
                      a.      construction of kerb and channelling and underground stormwater drainage to the
                              development side only;
                      b.      removal of the existing property access and reinstatement of the kerb, footpath (1.5-
                              metre-wide) and verge area to match the balance of the site frontage, including the
                              provision of topsoil and turf where the existing verge is grassed; and
                      c.      construction of a 1.5-metre-wide pedestrian footpath across the full length of the
                              frontage and in accordance with the conditions of this Decision Notice.
                      Site Access and Driveways
               22.    A sealed access driveway must be provided from Southern Cross Parade to all parking and
                      manoeuvring areas of the development. The works must be undertaken in accordance with
                      the conditions held within this Decision Notice and be generally in accordance with RECOR’s
                      Driveway Layout Plan (010, Rev. B) dated 23 February 2023.
                      Car Parking
               23.    A minimum of 4 covered car parking spaces must be provided on the site. The works must
                      be undertaken in accordance with the conditions held within this Decision Notice and must
                      include in particular:
                      a.      dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
                              Parking Facilities.
                      Stormwater Drainage
               24.    The site must be provided with a stormwater drainage system connecting to a lawful point of
                      discharge. The works must be undertaken in accordance with the conditions held within this
                      Decision Notice and be generally in accordance with:
                      a.      RECOR’s Stormwater Layout Plan (040, Rev. B) dated 23 February 2023; and
                      b.      RECOR’s Stormwater Longitudinal Sections (046, Rev. B) dated 23 February 2023.
                      Easements
               25.    Unless otherwise agreed in writing by the relevant service provider, any public or third party
                      infrastructure located on the subject site must be placed within an easement registered
                      against the title of the property.
               26.    All easements must be designed in accordance with the planning scheme and granted at no
                      cost to the Grantee. Where the Grantee is Council or a service authority, the easement
                      documentation must be in accordance with the Grantee’s standard easement terms. Draft
                      easement documentation must be submitted to Council for endorsement.



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               27.    All works must be kept clear of any existing or proposed easements on the subject land,
                      unless agreed otherwise in writing by the Grantee.
                      Geotechnical Stability
               28.    All works must be carried out in accordance with the recommendations contained in the site-
                      specific Geotechnical report prepared by Tectonic (22393-001-Rev0) dated 26 October
                      2022.
                      Earthworks and Retaining Walls
               29.    All fill and associated batters must be undertaken in accordance with the conditions held
                      within this Decision Notice, be contained entirely within the subject site unless written
                      permission from the respective landowner(s) is provided to Council and be generally in
                      accordance with:
                      a. RECOR’s Bulk Earthworks Layout Plan (020, Rev. B) dated 23 February 2023; and
                      b. RECOR’s Earthworks Longitudinal Sections (021, Rev. B) dated 23 February 2023.
               30.    All retaining walls must be designed and constructed in accordance with the planning scheme
                      and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
                      are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
                      safety fence.


                                                    OPERATIONAL WORKS
                      APPROVED PLANS
               31.    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

                        010                B      Driveway Layout Plan                        23 February 2023
                                                  Prepared by RECOR Consulting

                        020                B      Bulk Earthworks Layout Plan                 23 February 2023
                                                  Prepared by RECOR Consulting

                        021                B      Earthworks Longitudinal Sections            23 February 2023
                                                  Prepared by RECOR Consulting

                        040                B      Stormwater Layout Plan                      23 February 2023
                                                  Prepared by RECOR Consulting

                        046                B      Stormwater Longitudinal Sections            23 February 2023
                                                  Prepared by RECOR Consulting

                      CURRENCY PERIOD
               32.    The Currency Period for this development approval lapses if the development has not
                      substantially started by 15 June 2025, unless an application to extend the currency period is
                      approved by Council.




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                      Site Specific Conditions
                      Bonds
               33.    A site control and/or compliance bond of $5,000 is to be submitted to Council prior to the pre-
                      start meeting. The pre-start meeting will only be held once Council's Construction
                      Engineering Officer has confirmation that the bond monies have been received by Council.
                      The bond will be refunded less any costs incurred by Council in ensuring compliance with
                      these conditions or any additional inspections incurred for substandard work or work
                      undertaken not in accordance with this permit.
               34.    Bonds must:
                      a.      meet the requirements of council’s relevant Planning Scheme Policy for performance
                              and uncompleted works;
                      b.      be lodged with Council and accompanied by the Bond Administration Fee/s; and
                      c.      be requested for release by writing to Council, when relevant approval requirements
                              have been met.
               PRIOR TO COMMENCEMENT OF WORKS
                      Engineering
               35.    All necessary approvals from external service providers (e.g., Unitywater) and external
                      parties on which the development works are proposed have been obtained and a copy
                      supplied to Council.
               36.    A condition report including photographs of the frontage of the site must be completed and
                      submitted to council at the prestart meeting / prior to any works commencing.
               37.    Certificates demonstrating currency of public liability insurance and works insurance covering
                      the works must be submitted to Council prior to the prestart meeting.
               38.    Council must be contacted at least 5 working days prior to any works commencing to
                      organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The
                      pre-start meeting must include the relevant parties for the following aspects of the works:
                      a.      Civil engineering works;
                      b.      Landscape works; and
                      c.      Other relevant parties.
               39.    A Construction Management Plan must be submitted to Council prior to the pre-start meeting
                      and must specifically address the following:
                      a.      Traffic Management during all aspects of the construct phase including:
                              i.       A Traffic Management Control Plan in accordance with Manual of Uniform Traffic
                                       Control Devices (MUTCD) detailing all temporary signage and traffic control
                                       measures prior to construction;
                              ii.      Maintenance of safe vehicle and pedestrian access across the frontage of the
                                       site both during daily construction and after daily construction has ceased;
                              iii.     Proposed fencing to the site during the construction phase of the development;
                              iv.      Adequate parking arrangements for construction workers; and
                      b.      Maintenance and protection of water quality and existing drainage lines through the
                              construction site through the implementation of appropriate erosion and sediment
                              control measures
               40.    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.



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               41.    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
               42.    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.
               43.    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.
               44.    All works must be constructed and work procedure undertaken in accordance with:
                      a.      The approved plans/documents and conditions detailed in this Decision Notice;
                      b.      The relevant conditions of the higher order Material Change of Use/Reconfiguration of
                              Lot approval MCU22/0197 to which this approval relates;
                      c.      All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
                              specifications and guidelines; and
                      d.      The latest version of the Healthy Waterways document “Water Sensitive Urban Design
                              Technical Design Guidelines for South East Queensland” for all water quality devices
                              to be constructed on site.
                      Works within Road Reserve/Reinstatement
               45.    Safe vehicle and pedestrian access on all streets in the vicinity of the development must be
                      maintained at all times. Should footpath/road closures be necessary to carry out construction
                      works, Council’s Engineering Officer must be notified prior to the proposed closure and all
                      requirements complied with.
               46.    All frontage works must match neatly with existing road and verge/footpath features.
                      Additional works beyond the frontage may be required to provide an acceptable transition to
                      existing road and verge/footpath profiles.
               47.    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
               48.    All pathways must be constructed in accordance with the following requirements:
                      a.      All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065;
                      b.      Provision must be made for disabled access at all kerb crossings associated with
                              pathways, in accordance with Council's current standards;
                      c.      All paths must have a slip resistant surface;
                      d.      Expansion and contraction joints must provide a flush finish. Installation of joints by
                              saw cutting is preferred to ensure a smooth ride for cyclists; and
                      e.      The required work includes any modifications to ensure the footpath finishes flush with
                              all existing service covers and the like, or alternatively these services are raised or
                              altered, so as not to create a pedestrian safety hazard.




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               49.    Pathways must:
                      a.      terminate in a manner that ensures smooth transition to existing surfaces for public
                              safety; and
                      b.      be designed and constructed to comply with the Disability Discrimination Act (DDA),
                              Access to Premises Standard, Austroads and relevant sections of AS1428 Design for
                              access and mobility.
                      Site Access and Driveways
               50.    Driveway crossovers must be constructed in accordance with Council’s Standard Drawings
                      RS-049, RS-050 and any associated addendum.
               51.    Any existing unnecessary or redundant property accesses must be removed, and the kerb,
                      footpath and verge area reinstated to match the existing footpath and/or verge treatments.
                      Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed
                      or turf, and must be maintained by the developer until established.
               52.    The following must be complied with during the construction of the required
                      crossover/driveway:
                      a.      The driveway surfacing must consist of either an approved hot mixed asphaltic
                              concrete or patterned/plain concrete;
                      b.      The driveway must be constructed so as not to concentrate stormwater runoff onto
                              neighbouring properties;
                      c.      Underground service conduits for water supply, electricity and any other services must
                              be provided as part of the access driveway;
                      d.      Where there is an existing pedestrian path, a matching crossfall must be provided for
                              the driveway on the alignment of the path, for the full width of the path; and
                      e.      The property access must be located a minimum of 1m clear of existing power poles,
                              streetlights or other signage. The developer is responsible for any necessary relocation
                              of existing services to provide this clearance and must contact the relevant service
                              authorities and comply with their requirements in relation to these works.
                      Earthworks and Retaining Walls
               53.    All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
                      on Earthworks for Commercial and Residential Development, with geotechnical testing
                      undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as
                      defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and
                      uniformity of fill shall be provided by a RPEQ and submitted to Council prior to Council signing
                      the Plan of Survey.
               54.    Fall protection must be provided to retaining walls that are over 1m high.
               55.    Slope and batters are a maximum grade of:
                      a.      1 in 6 where in proximity to waterbodies;
                      b.      1 in 4 for grassed areas;
                      c.      1 in 3 for planted areas; and
                      d.      1 in 2 for combined structural engineering and planting solutions.
                      Stormwater Drainage
               56.    Appropriate scour protection must be provided at the outlet of all stormwater pipes including
                      temporary outlets.
               57.    Works associated with this permit must not adversely impact on the existing drainage
                      conditions on other properties (e.g., by blocking or interfering with natural overland flows).




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               58.    Construction of all internal stormwater drainage works must comply with the relevant
                      section/s of Australian Standard AS/NZS 3500.3.
               59.    The maximum discharge flow rate to a Legal Point of Discharge must not exceed 25 l/s in a
                      1% AEP event.
                      Erosion and Sediment Control
               60.    Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
                      Regulation 2019) must not be released from the site or to waters within the site, or be likely
                      to be released should rainfall occur, unless all reasonable and practicable measures are
                      taken to prevent or minimise the release and concentration of contamination.
               61.    Sediment and erosion control measures must be in place prior to works commencing. If such
                      measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
                      fines can be issued if sediments from the site are found to enter or have the potential to enter
                      Council’s stormwater system, natural waterways, any downstream stormwater filtration
                      system or adversely impacting on other properties. The sediment and erosion control design
                      and measures have NOT been approved, it is the site's Supervising Engineer who is
                      responsible for ensuring that the sediment and erosion control measures have:
                      a.      Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
                              practise" methods;
                      b.      Been revised by an RPEQ or CPESC to address the issues raised by changes in the
                              projected construction schedule and/or methods;
                      c.      Been revised to address predicted rainfall events; and
                      d.      Achieve the desired environmental outcomes.
                      Council may request further controls to be installed should the implemented measures be
                      found inefficient.
               62.    The erosion and sediment control measures must be designed, installed and maintained in
                      accordance with the supervising engineer instructions and the current best practice
                      standards * (Refer to Advisory Note).
               63.    The developer must ensure sediment does not leave the site or enter onto adjoining
                      properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or
                      machinery. It is essential to implement appropriate approved erosion and sediment control
                      measures throughout the site during all phases of construction including vehicle shakedown
                      pad/grid (or similar) at the access to the construction site. Where sediments or other
                      contaminants are deposited on a road, they must be removed so as not to enter Council’s
                      drainage system or waterways.
               64.    Prior to the completion of the development and commencement of use, all site surfaces must
                      be effectively stabilised using methods which have achieved effective short-term stabilisation
                      and which will continue to achieve effective stabilisation in the medium to long-term. For the
                      purpose of this condition, an effectively stabilised surface is defined as one that does not, or
                      is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or
                      lead to sedimentation, or lead to water contamination.
                      Damage to Services and Assets
               65.    Any damage caused to existing services and assets as a result of the development works
                      must be repaired at no cost to the asset owner at the following times:
                      a.      where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
                              or
                      b.      where otherwise, upon completion of the works associated with the development.
                      Any repair work which proposes to alter the alignment or level of existing services and assets
                      must first be referred to the relevant service authority for approval.




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               PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY
                      Certification
               66.    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.
               67.    A final inspection and approval of the new driveway and completed reinstatement works by
                      Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the
                      inspection.
               LANDSCAPE CONDITIONS
                      DURING CONSTRUCTION
               68.    All works must be constructed and work procedure undertaken in accordance with:
                      a.      The approved plans/documents and conditions detailed in this Decision Notice.
                      b.      The relevant conditions of the higher order Material Change of Use approval viz.
                              MCU22/0197 to which this approval relates.
                      c.      All relevant Council Planning Scheme Policies, standard drawings, standard
                              specifications and guidelines.

                      Fauna Management
               69.    Prior to felling or pruning, all trees are to be checked for wildlife (i.e. koalas, possums, birds
                      etc.) If wildlife is present, the tree vegetation must not be felled or pruned until the wildlife
                      has left vegetation or has been relocated by a qualified fauna spotter catcher.
                      *(Refer to Advisory Note)
                      Removal of Existing Trees and Vegetation
               70.    Removal of existing trees and vegetation must be undertaken by a qualified person* and
                      must include:
                      a.      Legal disposal of all removed vegetation and debris.
                      *(Refer to Advisory Note)
                      Landscaping Works
               71.    Landscape works must be supervised, undertaken and certified by qualified persons*. All
                      works must be completed in accordance with this Decision Notice.
                      (* Refer to Advisory Note)
               72.    Where damage occurs to any Council asset as a result of the development works, it must be
                      repaired immediately where it creates a hazard that presents risk to person or property. Other
                      damage must be repaired prior to completion of works.
               73.    Street trees must:
                      b.      Meet AS2303 Tree stock for landscape use.
                      c.      Be located in accordance with engineering requirements for safe vehicle and
                              pedestrian sight lines.




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                      Plans and Documents
               74.    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

                        ED 23114 OPW - 01         A          Site Layout Plan by Element Design      5/04/2023

                        ED 23114 OPW - 02         A          Planting Plan by Element Design         5/04/2023

                        ED 23114 OPW - 03         A          Planting Plan by Element Design         5/04/2023

                        ED 23114 OPW - 04         A          Planting Plan by Element Design         5/04/2023

                        ED 23114 OPW - 05         A          Plant List & Specification Plan by 5/04/2023
                                                             Element Design


                                                  RECONFIGURATION OF LOT
                      When Conditions Must Be Complied With
               75.    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

                        -                  -          Community Title Subdivision Plan, prepared 14/11/2022
                                                      by applicant

                      Currency Period
               76.    This development approval lapses if the use has not happened by 15 June 2027, unless an
                      application to extend the currency period is approved by Council.
                      Plan Sealing
               77.    Prior to Council sealing the plan of survey, all works described within this Decision Notice
                      must be completed and accepted by a Council representative.
                      Services
               78.    Reticulated electricity and telecommunication services must be provided to each lot in
                      accordance with the approval for Operational Works and the standards and requirements of
                      the relevant service provider.
               79.    Unless otherwise stipulated by telecommunications legislation at the time of construction, the
                      development must be provided with all necessary conduits, pits and pipes to accommodate
                      the future connection of optic fibre technology telecommunications.
               80.    Certification must be submitted to Council from all relevant service providers (Energex, NBN
                      and Unitywater which certifies that the development has met the requirements of this
                      Decision Notice and all applicable legislation at the time of construction.
               81.    Certification must be submitted to Council from a qualified person* which certifies that the
                      development has been constructed in accordance with the landscape conditions of this
                      Decision Notice.
                      *(Refer to Advisory Note)




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               5.     REFERENCE DOCUMENTS

                Plan No.               Rev.    Plan/Document Name                                        Date

                22393-001              Rev0    Geotechnical Investigation and Slope Stability 26/10/2022
                                               Assessment, prepared by Tectonic Geotechnical &
                                               Environmental Engineers

               6.     REFERRAL AGENCIES

               The referral agencies applicable to this application are:

                Referral Status           Referral Agency and Referral Trigger                  Response
                                          Address
                Concurrence               SARA at DILGP SARA        Schedule 10, Part 4,        The agency provided its
                                          at DILGP Via MyDAS2       Division 3, Table 1         response on 10
                                          at https://prod2.dev-     (Planning Regulation        January 2023
                                          assess.qld.gov.au/suite   2017): Premises             (Reference No. 2212-
                                          / (for assistance,        contaminated because of     32310 SRA). A copy of
                                          contact DILGP at 5352     unexploded ordnance.        the response is
                                          9701 or                                               attached.
                                          email:[email protected]

               7.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      Infrastructure Charges
               1.     All developments and/or changes to existing developments may require payment of
                      “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
                      made pursuant to the planning legislation and regulations current at the time of issue. For
                      further       information,     please        refer to https://www.noosa.qld.gov.au/planning-
                      development/development-tools-guidelines/infrastructure-charges
                      Equitable Access and Facilities
               2.     The plans for the proposed building work have NOT been assessed for compliance with the
                      requirements of the National Construction Code - Building Code of Australia (Volume 1) as
                      they relate to people with disabilities. Your attention is also directed to the fact that in addition
                      to the requirements of the National Construction Code as they relate to people with
                      disabilities, one or more of the following may impact on the proposed building work:
                      a.      the Disability Discrimination Act 1992 (Commonwealth);
                      b.      the Anti-Discrimination Act 1991 (Queensland); and
                      c.      the Disability (Access to Premises – Buildings) Standards.
                      Sustainability
               3.     Council encourages sustainable and energy efficient building design for all development,
                      including the use of sustainable building materials, energy efficient fittings, solar hot water,
                      photovoltaic systems (including the use of inverter/charges), solar panels, water saving
                      devices and rainwater harvesting.




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Page 13

                      General Advisory Notes
               4.     As this driveway is a private structure, the owner bears full responsibly for the standard of its
                      construction, maintenance and any liabilities associated with its construction. It is
                      recommended that professional advice be sought for the construction of the driveway to
                      ensure that the driveway is constructed in accordance with standard drawings RS-049, RS-
                      050 and any associated addendum.
               5.     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.
               6.     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.
               7.     Should any changes or modifications to the approved plans be required as a result of
                      construction constraints, a “Request to change an existing approval” under the Planning Act
                      2016 must be made. Amended plans clearly indicating the changes must be lodged with this
                      application along with the appropriate fees.
                      Prestart, On and Off Maintenance Inspections Request
               8.     Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
                      business days’ notice of preferred inspection time.
               9.     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.
                      Environmental Advisory Notes
               10.    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
               11.    Accepted best practice standards include International Erosion Control Association
                      Australasia Best Practice Erosion and Sediment Control.
               12.    Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
                      in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
                      Engineer of Queensland (RPEQ).
               13.    As a general rule, a site is determined to have achieved effective short-term stabilisation if
                      at the time of the plan sealing inspection:
                      a.      Methods of stabilisation are:
                              •    appropriate for slopes and slope lengths; and
                              •    are consistent with best practice environmental management practices such as in
                                   the Manual for Erosion and Sediment Control or the IECA Manual; and
                      b.      Stormwater runoff from the site is not currently, and is not likely to result in visible
                              evidence of sedimentation or erosion, or lead to water contamination.




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Page 14

                      Building and Construction Industry (Portable Long Service Leave) Levy
               14.    The QLeave levy must be paid prior to the issue of a development permit where it is required.
                      Council will not be able to issue a Decision Notice without receipt of details that the Levy has
                      been paid.
                      Removal of Existing Trees and Vegetation
               15.    Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
                      well as optimum weed seed sterilisation.
                      Qualified Person
               16.    Qualified Person, for the purpose of:
                      a.      Supervising landscape works and preparing a landscape certification, is considered to
                              be a landscape architect, landscape designer or horticulturist with a minimum of three
                              years current experience in the field of landscape design.
                      b.      Undertaking landscape construction and establishment works is considered to be a
                              person with five years current experience in commercial landscape construction
                              projects.
                      c.      Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
                      d.      Undertaking, supervising tree works and preparing arboriculture certification, is
                              considered to be a person with a minimum three years current experience in tree
                              protection, hazard identification/mitigation and AS2303 Tree stock for landscape use
                              assessment and either:
                              i.       International Society of Arboriculture (ISA) certification; or
                              ii.      A Diploma of Arboriculture.
               8.     PROPERTY NOTES

               Not applicable.
               9.     VARIATION APPROVAL DETAILS

               Not applicable.
               10.    FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required                    Subject of the required Development Permit

                Development Permit for Building Works                  Demolition, all building work.

               11.    SUBMISSIONS

               Not applicable.
               12.    RIGHTS OF APPEAL

               You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
               Planning Act 2016 is attached.
               During the appeal period, you as the applicant may suspend your appeal period and make written
               representations to Council about the conditions contained within the development approval. If
               Council agrees or agrees in part with the representations, a negotiated decision notice will be
               issued. Only one negotiated decision notice may be given.
               13.    OTHER DETAILS

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




                                                                                                        Page 14 of 24
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Page 15

               Yours faithfully,




               Jada Lyons
               Graduate Development Planner


               Enc:   Appeal Rights
                      Referral Agency Response
                      Infrastructure Charge Notice
                      Approved Plans/Documents


               cc.    SARA
                      Unitywater




                                                     Page 15 of 24
Document Set ID: 22467236
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Page 16

                                       Referral Agency Response
                                       PLANNING ACT 2016 & PLANNING REGULATION 2017




                                                                                      Page 16 of 24
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Page 17

2212-32310 SRA

SARA trigger: Schedule 10, Part 4, Division 3, Table 1, Item 1 (Planning Regulation
(Planning Regulation 2017)

Development application for a material change of use, operational
works and reconfiguring a lot on premises with substantial unexploded

ordnance potential
SARA reference: 2212-32310 SRA
Assessment Manager: Noosa Shire Council
Street address: 73 Southern Cross Parade, Sunrise Beach
Real property description: Lot 672 on RP225123
Applicant name: lolanda Trovatello & Simon Rawson
C/ Pivotal Perspective Pty Ltd
Applicant contact details: 4/59 Mary St
Noosaville QLD 4566
[email protected]

Representations

An applicant may make representations to a concurrence agency, at any time before the application is
decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules)
Copies of the relevant provisions are in Attachment 4.

A copy of this response has been sent to the applicant for their information.

For further information please contact Rosanna Nobile, Graduate Planner, on 07 5352 9777 or via email
[email protected] who will be pleased to assist.

Jamaica Hewston
Manager

cc IOLANDA TROVATELLO & SIMON RAWSON, C/ Pivotal Perspective Pty Ltd,
[email protected] [email protected]

enc Attachment 1 - Referral agency conditions
Attachment 2 - Advice to the applicant
Attachment 3 - Reasons for referral agency response
Attachment 4 - Representations provisions

State Assessment and Referral Agency Page 2 of 6

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Page 18

Attachment 1—Referral agency conditions
(Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development

approval

relating to this application)

2212-32310 SRA

 

No.

 

Conditions

 

Condition
timing

 

Development permit- Material change of use, Operational works & Reconfiguring a lot

 

Schedule 10, part 4, division 3, table 1, item 1— Contaminated land (unexploded ordnance}—The chief
executive administering the Planning Act 2016 nominates the Director-General of the Department of

State Development, Infrastructure, Local Government and Planning to be the enforcement authority for
the development to which this development approval relates for the administration and enforcement of
any matter relating to the following condition(s):

 

 

 

 

 

 

1. Provide written confirmation to the Department of State Development, Prior to the
Infrastructure, Local Government and Planning by an approved contractor on | commencement
the Australian Goverment, Department of Defence, Unexploded Ordnance | of works.

(UXO) Panel that the subject site has been remediated and cleared of
Unexploded Ordnances.
The Unexploded Ordnance (UXO) Panel is found online at:
http-/Awww_defence. gov au/estatemai mentisu dehy ToEngage.
38D
State Assessment and Referral Agency Page 3 0f6

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Page 18 of 24

Page 19

2212-32310 SRA

Attachment 2—Advice to the applicant

 

General advice

1. Terms and phrases used in this document are defined in the Planning Act 2016 its regulation or
the State Development Assessment Provisions (SDAP) 3.0. If a word remains undefined it has
its ordinary meaning.
2. Provide the owner, occupier and any person employed to work on the subject site the following
information:
(a) Residual UXO may still exist following remediation and all work should proceed with
due caution.
(b) The procedure to be followed by any person finding an object suspected of being
explosive ordnance or component thereof:
advise the Police immediately
do not disturb the object
take action, where appropriate, to prevent it being disturbed by another person
note its approximate dimensions and general appearance
* note the route to its location.
(C) Applicants wanting to find out more details of area management advice (AMA), current
UXO investigations and remedial search contractors may use the following websites:
* Department of Environment and Science http:/Awww.ehp.gid.gov.au OR
* Commonwealth Department of Defence http:/Awww.defence gov.au/uxo/

 

 

 

 

 

 

State Assessment and Referral Agency Page 4 of 6

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Page 20

2212-32310 SRA

Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

The reasons for SARAs decision are:

* The proposed development is for a development permit for material change of use and associated
operational works for a dual occupancy.
The subject site is located in an area with substantial unexploded ordnance potential.
SARA assessed the development application against State code 13: Unexploded ordnance of the
State Development Assessment Provisions (SDAP), version 3.0 and determined that with conditions,
the development achieves compliance with the performance outcomes of the State code.

Material used in the assessment of the application:

The development application material and submitted plans
Planning Act 2016

Planning Regulation 2017

SDAP as published by SARA

The Development Assessment Rules

SARA DA Mapping system

oe

eee

State Assessment and Referral Agency Page 5 of 6

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Page 21

2212-32310 SRA

Attachment 4—Change representation provisions

(page left intentionally blank)

 

State Assessment and Referral Agency Page 6 of 6

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Page 22

Development Assessment Rules—Representations about a
referral agency response

The following provisions are those set out in sections 28 and 30 of the Development Assessment Rules*
regarding representations about a referral agency response

Part 6: Changes to the application and referral agency
responses

 

28 Concurrence agency changes its response or gives a late response

28.1. Despite part 2, a concurrence agency may, after its referral agency assessment period and any
further period agreed ends, change its referral agency response or give a late referral agency
response before the application is decided, subject to section 28.2 and 28.3.

28.2. A concurrence agency may change its referral agency response at any time before the application
is decided if—

(a) the change is in response to a change which the assessment manager is satisfied is a change
under section 26.1; or

(b) the Minister has given the concurrence agency a direction under section 99 of the Act; or

(c) the applicant has given written agreement to the change to the referral agency response?

28.3. A concurrence agency may give a late referral agency response before the application is decided,
if the applicant has given written agreement to the late referral agency response.
28.4. Ifa concurrence agency proposes to change its referral agency response under section 28.2(a),
the concurrence agency must—
(a) give notice of its intention to change its referral agency response to the assessment manager
and a copy to the applicant within 5 days of receiving notice of the change under section 25.1;
and
(b) the concurrence agency has 10 days from the day of giving notice under paragraph (a), or a
further period agreed between the applicant and the concurrence agency, fo give an amended
referral agency response to the assessment manager and a copy to the applicant.

' Pursuant to Section 68 of the Planning Act 2016

2 In the instance an applicant has made representations to the concurrence agency under section 30,
and the concurrence agency agrees to make the change included in the representations, section
28.2(c) is taken to have been satisfied.

Page 1 of2

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Page 23

Part 7: Miscellaneous

30 Representations about a referral agency response

30.1. An applicant may make representations to a concurrence agency at any time before the application
is decided, about changing a matter in the referral agency response.*

3 An applicant may elect, under section 32, to stop the assessment manager's decision period in which
to take this action. If a concurrence agency wishes to amend their response in relation to
representations made under this section, they must do so in accordance with section 28.

Page 2 of2

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Page 24

                                                                              Appeal Rights
                                                                              PLANNING ACT 2016 & PLANNING REGULATION 2017




               Chapter 6 Dispute resolution                                                   (3) The appellant or, for an appeal to a tribunal, the registrar must,
                                                                                                  within the service period, give a copy of the notice of appeal to –
               Part 1 Appeal rights
                                                                                                  (a) the respondent for the appeal; and
               229 Appeals to tribunal or P&E Court
                                                                                                  (b) each co-respondent for the appeal; and
               (1) Schedule 1 of the Planning Act 2016 states –
                                                                                                  (c) for an appeal about a development application under schedule
                   (a) Matters that may be appealed to –
                                                                                                      1, table 1, item 1 – each principal submitter for the
                         (i)   either a tribunal or the P&E Court; or                                 development application; and
                         (ii) only a tribunal; or                                                 (d) for and appeal about a change application under schedule 1,
                                                                                                      table 1, item 2 – each principal submitter for the change
                         (iii) only the P&E Court; and
                                                                                                      application; and
                   (b) The person-
                                                                                                  (e) each person who may elect to become a co-respondent for the
                         (i)   who may appeal a matter (the appellant); and                           appeal, other than an eligible submitter who is not a principal
                                                                                                      submitter in an appeal under paragraph (c) or (d); and
                         (ii) who is a respondent in an appeal of the matter; and
                                                                                                  (f)   for an appeal to the P&E Court – the chief executive; and
                         (iii) who is a co-respondent in an appeal of the matter; and
                                                                                                  (g) for an appeal to a tribunal under another Act – any other
                         (iv) who may elect to be a co-respondent in an appeal of the
                                                                                                      person who the registrar considers appropriate.
                              matter.
                                                                                              (4) The service period is –
               (2) An appellant may start an appeal within the appeal period.
                                                                                                  (a) if a submitter or advice agency started the appeal in the P&E
               (3) The appeal period is –
                                                                                                      Court – 2 business days after the appeal has started; or
                   (a) for an appeal by a building advisory agency – 10 business
                                                                                                  (b) otherwise – 10 business days after the appeal is started.
                       days after a decision notice for the decision is given to the
                       agency; or                                                             (5) A notice of appeal given to a person who may elect to be a co-
                                                                                                  respondent must state the effect of subsection (6).
                   (b) for an appeal against a deemed refusal – at any time after the
                       deemed refusal happens; or                                             (6) A person elects to be a co-respondent by filing a notice of election,
                                                                                                  in the approved form, within 10 business days after the notice of
                   (c) for an appeal against a decision of the Minister, under chapter
                                                                                                  appeal is given to the person.
                       7, part 4, to register premises or to renew the registration of
                       premises – 20 business days after a notice us published under          231 Other appeals
                       section 269(3)(a) or (4); or
                                                                                              (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
                   (d) for an appeal against an infrastructure charges notice – 20                the Supreme Court decides a decision or other matter under this
                       business days after the infrastructure charges notice is given             Act is affected by jurisdictional error, the decision or matter is non-
                       to the person; or                                                          appealable.
                   (e) for an appeal about a deemed approval of a development                 (2) The Judicial Review Act 1991, part 5 applies to the decision or
                       application for which a decision notice has not been given –               matter to the extent it is affected by jurisdictional error.
                       30 business days after the applicant gives the deemed
                                                                                              (3) A person who, but for subsection (1) could have made an
                       approval notice to the assessment manager; or
                                                                                                  application under the Judicial Review Act 1991 in relation to the
                   (f)   for any other appeal – 20 business days after a notice of the            decision or matter, may apply under part 4 of that Act for a
                         decision for the matter, including an enforcement notice, is             statement of reasons in relation to the decision or matter.
                         given to the person.
                                                                                              (4) In this section –
               Note –                                                                             decision includes-
                   See the P&E Court Act for the court’s power to extend the appeal
                                                                                                  (a) conduct engaged in for the purpose of making a decision; and
                   period.
                                                                                                  (b) other conduct that relates to the making of a decision; and
               (4) Each respondent and co-respondent for an appeal may be heard
                   in the appeal.                                                                 (c) the making of a decision or failure to make a decision; and
               (5) If an appeal is only about a referral agency’s response, the                   (d) a purported decision; and
                   assessment manager may apply to the tribunal or P&E Court to
                                                                                                  (e) a deemed refusal.
                   withdraw from the appeal.
                                                                                                  non-appealable, for a decision or matter, means the decision or
               (6) To remove any doubt. It is declared that an appeal against an
                                                                                                  matter-
                   infrastructure charges notice must not be about-
                                                                                                  (a) is final and conclusive; and
                   (a) the adopted charge itself; or
                                                                                                  (b) may not be challenged, appealed against, reviewed, quashed,
                   (b) for a decision about an offset or refund-
                                                                                                      set aside or called into question in any other way under the
                         (i)   the establishment cost of trunk infrastructure identified in           Judicial Review Act 1991 or otherwise, whether by the
                               a LGIP; or                                                             Supreme Court, another court, a tribunal or another entity; and
                         (ii) the cost of infrastructure decided using the method                 (c) is not subject to any declaratory, injunctive or other order of
                              included in the local government’s charges resolution.                  the Supreme Court, another court, a tribunal or another entity
                                                                                                      on any ground.
               230 Notice of appeal
                                                                                              232 Rules of the P&E Court
               (1) An appellant starts an appeal by lodging, with the registrar of the
                   tribunal or P&E Court, a notice of appeal that-                            (1) A person who is appealing to the P&E Court must comply with the
                                                                                                  rules of the court that apply to the appeal.
                   (a) is in the approved form; and
                   (b) succinctly states the grounds of the appeal.                           (2) However, the P&E Court may hear and decide an appeal even if
                                                                                                  the person has not complied with the rules of the P&E Court
               (2) The notice of appeal must be accompanied by the required fee.




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