Council archive · source document
Decision Notice - MCU22 0197 [As Published] · MCU22/0197
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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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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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.
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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
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Document Set ID: 22467236
Version: 3, Version Date: 20/06/2023
Page 16
Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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Document Set ID: 22467236
Version: 3, Version Date: 20/06/2023
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 Document Set ID: 22467236 Page 17 of 24 Version: 3, Version Date: 20/06/2023
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 Document Set ID: 22467236 Version: 3, Version Date: 20/06/2023 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 Document Set ID: 22467236 Page 19 of 24 Version: 3, Version Date: 20/06/2023
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 Document Set ID: 22467236 Page 20 of 24 Version: 3, Version Date: 20/06/2023
Page 21
2212-32310 SRA Attachment 4—Change representation provisions (page left intentionally blank) State Assessment and Referral Agency Page 6 of 6 Document Set ID: 22467236 Page 21 of 24 Version: 3, Version Date: 20/06/2023
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 Document Set ID: 22467236 Page 22 of 24 Version: 3, Version Date: 20/06/2023
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 Document Set ID: 22467236 Page 23 of 24 Version: 3, Version Date: 20/06/2023
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.
Page 24 of 24
Document Set ID: 22467236
Version: 3, Version Date: 20/06/2023
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