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Existing Council MCU RAL and OPW Approval
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Noosa Council documents
Officer: Patrick Murphy
Direct Telephone: 61753296436
Our Reference: MCU18/0120, OPW18/0197, RAL18/0013 : JELDER
Your Reference: 17686
28 November 2018
Hass Holdings Pty Ltd TTE
C/- Project Urban
PO Box 6380
MAROOCHYDORE QLD 4558
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 21 November 2018, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU18/0120, RAL18/0013 & OPW18/0197
Street address: 5, 12 & 18 Taylor Ct Cooroy
Real property description: Lot 5 SP 197517, Lot 1 SP 235189 & Lot 2 SP 197517
Planning Scheme: The Noosa Plan (8 June 2018)
2. DECISION DETAILS
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Industrial Type 2 Production, Alteration,
Repackaging & Repairing (39 Industrial Tenancies)
Development Permit for Reconfiguration of a Lot (Access Easements)
Operational Works (Roadworks, Drainage Works, Landscaping, Stormwater, Earthworks,
Car Parking & Access).
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is 6 years starting the day that this development
approval takes effect.
4. ASSESSMENT MANAGER CONDITIONS
MATERIAL CHANGE OF USE – MCU18/0120
PLANNING
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au
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Full text of sections 2 to 21 (of 87)
Section 2
Noosa Council documents
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.
Approved Plans
2. 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
2 of 16 D.A –RFI -A Site Plan, drawn by Rhad Leonardi 9/11/2018
3 of 16 D.A –RFI -A Parking Layout, drawn by Rhad Leonardi 9/11/2018
4 of 16 D.A –RFI -A Ground Floor Plan (Building A), drawn by 9/11/2018
Rhad Leonardi
5 of 16 D.A –RFI -A Mezzanine Plan (Building A), drawn by 9/11/2018
Rhad Leonardi
6 of 16 D.A –RFI -A Elevations (Building A), drawn by Rhad 9/11/2018
Leonardi
7 of 16 D.A –RFI -A Ground Floor Plan (Building B), drawn by 9/11/2018
Rhad Leonardi
8 of 16 D.A –RFI -A Ground Floor Plan (Building B), drawn by 9/11/2018
Rhad Leonardi
9 of 16 D.A –RFI -A Mezzanine Plan (Building B), drawn by 9/11/2018
Rhad Leonardi
10 of 16 D.A –RFI -A Mezzanine Plan (Building B), drawn by 9/11/2018
Rhad Leonardi
11 of 16 D.A –RFI -A Elevations (Building B), drawn by Rhad 9/11/2018
Leonardi
12 of 16 D.A –RFI -A Elevations (Building B), drawn by Rhad 9/11/2018
Leonardi
13 of 16 D.A –RFI -A Ground Floor Plan (Building C), drawn by 9/11/2018
Rhad Leonardi
14 of 16 D.A –RFI -A Mezzanine Plan (Building C), drawn by 9/11/2018
Rhad Leonardi
15 of 16 D.A –RFI -A Elevations (Building C), drawn by Rhad 9/11/2018
Leonardi
16 of 16 D.A –RFI -A Elevations (Building C), drawn by Rhad 9/11/2018
Leonardi
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed within this Decision Notice.
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Section 3
Noosa Council documents
Nature and Extent of Approved Use
4. This development approval is for 39 industrial tenancies with a total gross floor area (GFA)
of 5,104m².
5. The approved use must not operate outside the hours of 6am to 7pm Monday to Saturday
and not at all on Sundays or public holidays. The requirements of this condition must be
included in the Community Management Statement for any body corporate for the subject
site.
6. Any display and retail sale of goods must remain an ancillary component to the approved
use and must not exceed 20% of each individual tenancy.
Building Height
7. The maximum height of the development must not exceed 10 metres above the finished
ground level and the natural ground level.
8. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
buildings do not exceed the maximum height requirement of this Decision Notice.
Building Appearance
9. The development must be finished with subdued external building colours.
Landscaping Works
10. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval, Planning Scheme Policy 3 Landscaping Plants and
Guidelines and must include in particular the works shown on the Approved Plans
11. 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.
12. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
Performance Bond
13. Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to the
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.
Street Identification
14. 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
15. An underground connection to reticulated water and sewerage must be provided to the
development site in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
16. 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 development site.
Sunset Clause for Completion of Approved Development
17. Pursuant to s342 of the Planning Act 2016, the uncompleted aspects of this development
approval lapses if the whole of the approved use has not happened by 22 November 2024.
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Section 4
Noosa Council documents
Community Management Statement
18. 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.
19. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice.
Frontage Works
20. The length of the frontage of the subject site must be upgraded in accordance with the
Operational Works conditions and must include in particular:
a. Providing concrete pathway at minimum width of 1.2m along the frontage of the site
and be extended as may be necessary to achieve smooth connection and acceptable
transition with the existing pathway.
b. Providing pathway link 1.5 wide between the middle aisle and the proposed road’s
pathway, and be extended to a pram ramp or layback constructed at the kerb line.
c. Removal of any existing redundant property accesses and/or pram ramp and
reinstatement of the kerb & channel and verge area to match the balance of the site
frontage, including the provision of topsoil and turf where the existing verge is grassed.
Site Access and Driveways
21. Sealed access driveways must be provided generally in accordance with the approved plans
and in accordance with the Operational Works conditions of this permit. The works must
include in particular crossover in compliance with IPWEA Standard Drawings RS-051 for
commercial vehicle.
Car Parking
22. A minimum of 59 car parking spaces and 1 Heavy Rigid Vehicle loading bay must be provided
on the site in accordance with the approved plans and as required by the conditions of the
Operational Works conditions of this permit approval and must include in particular:
a. Sufficient turning area within the site to permit a vehicle to reverse from the parking
spaces and/or warehouses and exit the site in a forward gear in a total of 2 movements.
b. Crossfalls, gradients and dimensions in with Australian Standards AS2890:1 and
AS2890.2.
Stormwater Drainage
23. The site must be provided with a stormwater drainage system connecting to a lawful point/s
of discharge. The works must be carried out in accordance with the Operational Works
conditions of this permit approval.
Electricity and Telecommunication Services
24. Reticulated electricity, internal lighting and telecommunication services must be provided to
the site in accordance with the applicable standards and the requirements of the relevant
service providers. Certification/s must be submitted to Council from all relevant service
providers which certifies that the development has met the requirements of this Decision
Notice and all applicable legislation at the time of construction.
25. 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.
Easements
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Section 5
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26. Easements must be created over all existing and proposed public infrastructures within the
site if not already created unless approved otherwise in writing by the respective service
authority.
27. Any easements for services must be designed in accordance with the planning scheme or
the requirement of relevant service authority 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.
28. All building works and structures must be kept clear of any existing or proposed easements
on the subject land, unless agreed otherwise in writing by the Grantee.
RECONFIGURATION OF A LOT – RAL18/0013
When Conditions Must Be Complied With
29. Unless otherwise stated, all works required by the conditions of this Decision Notice must be
completed prior to submission of the subdivision plan to Council for compliance assessment.
Approved Plans
30. 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
Drawing 1 - Access easement plan, Project Urban 25/07/2018
31. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
32. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.
Boundary Encroachments
33. Certification must be submitted to Council from a Licensed Surveyor which certifies that:
a. all constructed access and roadworks (including associated fill batters and retaining
walls) are fully contained within a dedicated reserve or registered easement
b. all utility services and connections (eg. electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included within
an easement
c. all existing effluent disposal areas are wholly located within the lot they serve and
comply with the boundary setback requirements of the Plumbing and Drainage Act
2002 and associated codes and requirements
d. all retaining walls and structures are fully contained within the lot they retain
e. any fill, including fill batters, are wholly contained within the subject site and not on
adjacent properties
f. for the community title scheme, the road pavement changes required by this Decision
Notice accurately demarcate the boundaries of the public and private land.
Community Management Statement
34. 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 subdivision plan to Council for
compliance assessment.
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Section 6
Noosa Council documents
35. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice.
OPERATIONAL WORKS - OPW18/0197
Development Permit for Operational Work (Driveways, Parking, Stormwater Drainage
Works, Earthworks, Frontage Works and Landscaping)
ENGINEERING
36. Development works 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/Drw No. Rev. Plan Title Date
250660-CI-001 01 Title Sheet and Drawing Schedule, prepared 06/06/2018
by HR Design Consulting Engineers
250660-CI-002 01 Site Plan, prepared by HR Design Consulting 06/06/2018
Engineers
250660-CI-003 01 Layout Plan, prepared by HR Design 06/06/2018
Consulting Engineers
250660-CI-004 01 Detail Plan Sheet 1, prepared by HR Design 06/06/2018
Consulting Engineers
250660-CI-005 01 Detail Plan Sheet 2, prepared by HR Design 06/06/2018
Consulting Engineers
250660-CI-006 01 Pavement Jointing Plan, prepared by HR 06/06/2018
Design Consulting Engineers
250660-CI-007 01 Pavement Jointing Details, prepared by HR 06/06/2018
Design Consulting Engineers
Dwg No: C01 D General Notes & Details, prepared by HR 0711/2018
Job No: 18-0165 Design Consulting Engineers
Dwg No: C02 D Driveway Details, prepared by HR Design 07/11/2018
Job No: 18-0165 Consulting Engineers
Dwg No: C03 D Stormwater Drainage, prepared by HR 07/11/2018
Job No: 18-0165 Design Consulting Engineers
Dwg No: C04 D Stormwater Drainage Details, prepared by HR 07/11/2018
Job No: 18-0165 Design Consulting Engineers
Dwg No: C05 D Block Stormwater Tank 1 Details, prepared by 0711/2018
Job No: 18-0165 HR Design Consulting Engineers
Dwg No: C06 D Block Stormwater Tank 2 Details, prepared by 07/11/2018
Job No: 18-0165 HR Design Consulting Engineers
Dwg No: C07 D Block Stormwater Tank 3 Details, prepared by 07/11/2018
Job No: 18-0165 HR Design Consulting Engineers
Site Specific Conditions - Stormwater
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Section 7
Noosa Council documents
37. To alleviate the potential of stormwater ponding in the parking areas during major stormwater
events and to allow for the possibility of blockage of the proposed grated pits, the retaining
walls along the edges of the parking areas, particularly along the western boundary of the
site, must be provided with sufficient gaps, opening or constructed at a specified height above
the finish levels in accordance with the directions and recommendations of
design/supervising engineer/s.
Prior to Commencement of Works
38. Any conflict between the development and an existing or proposed service must be referred
to the relevant service authority for determination prior to the prestart meeting.
39. Any filling and structural wall over an existing sewer main must comply with Unitywater
requirements. Where applicable, a written approval in this regard must be obtained from
Unitywater and submitted to Council prior to requesting the prestart meeting.
40. 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 6245*. The
pre-start meeting must include the relevant parties for the following aspects of the works:
a. Civil engineering works.
b. Stormwater drainage works.
c. Erosion and sediment control works.
d. Landscaping works.
* Refer to Advisory Notes
41. At least 5 working days prior to any works commencing, written advice must be provided to
Council detailing:
a. The name, contact details and ACN for the supervising Registered Professional
Engineer of Queensland (RPEQ) and Principal Contractor.
b. Proposed dates for commencement and completion of construction.
42. The principal contractor must have all the appropriate insurance and public liability
documentation to carry out the works. The principal contractor is also responsible to ensure
that any subcontractors also have the appropriate insurance and public liability
documentation. Certificates demonstrating currency of public liability insurance and works
insurance covering the works must be submitted to Council prior to the prestart meeting.
43. Any changes to the details associated with the supervising RPEQ or Principal Contractor
during construction, must be notified to Council in writing within 5 business days of the
change occurring.
44. Condition report/s including photographs must be completed and submitted to Council prior
to the prestart meeting and prior to any works commencing:
a. The leading road to the site (Taylor Court)
b. The frontage of the site including kerb line.
c. All fences and retaining walls bordering the site.
d. Any existing works, buildings and structures on the adjoining properties that could
potentially be destabilised or impacted on by the proposed operational works.
45. A Construction Management Plan must be submitted to Council for approval prior to the
prestart 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 commencing.
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(ii) Where applicable, details on the location of imported fill sources, the haulage
route, type of vehicle to be utilised during filling operations and frequency of
usage.
NOTE: any damage to the existing road system as a result of haulage operations
and construction works must be fully repaired at the developer’s expense
(iii) Maintenance of safe pedestrians and cyclists access across the frontage of the
site both during daily construction and after daily construction has ceased for all
stages of development.
(iv) Fencing to the site during the construction phase of the development.
(v) Providing safe and adequate parking arrangements for all machinery and cars
during construction phase without adversely impacting on the traffic flows and
traffic safety on the leading/local roads or shared access roads.
b. Effective procedures and measures to minimise adverse environmental impact on
other properties and roads users including noise and dust emission.
c. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures (also refer to Erosion & Sediment Control conditions).
d. Works programme identifying key components of the works and their respective
durations.
e. Establishment of a communication and contact protocol with the neighboring owners,
to advise of construction times, impacts on traffic and services and other relevant
issues.
During Construction
General
46. All frontage works must match neatly with existing road and verge/footpath features. Where
required, additional works beyond the frontage may be required to provide an acceptable
transition to existing road and verge/footpath profiles.
47. Any damage caused to Council or public assets and/or common property assets as a result
of the development works must be repaired by the developer/applicant 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.
48. All operational 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 completed engineering works conform to the conditions of this
Operational Works permit and the intent of the engineering design.
49. 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. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.
c. Provision of the Work Health and Safety Act and such other legislation as is applicable
to workplace health and safety.
Pathways
50. A 1.2m wide new pathway shall be provided along the frontage of the site generally in
accordance with the approved plans and conditions of the MCU, and must comply with but
not limited to following requirements:
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a. Must comply with Standard Drawing SEQ R-065.
b. Must have cross fall grade of 2.5% maximum and be provided with any necessary
drainage provisions to eliminate stormwater ponding and/or silt accumulation on the
surface.
c. All paths must have a slip resistant surface.
d. Must be provided with pram ramp/s in compliance with the applicable standard
drawing.
e. To have Clarence of 500mm from any existing or proposed pole, post or the like.
f. Expansion and contraction joints must provide a flush finish. Installation of joints by
saw cutting is preferred to ensure a smooth ride for cyclists.
g. Where required, to include any relocation, modifications or alterations to all existing
surfaces, service covers and the like to ensure they finishes flush with the footpath so
as not to create changes to grades or a pedestrian trip hazard.
h. To match and terminate in a manner that ensures smooth transition the existing and
proposed surfaces without posing fall or trip hazards, and be extended beyond the
frontage of the site where necessary to join adjacent existing sections of pathway.
i. 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.
51. A 1.5 wide pathway connection shall be provided between the new pathway and the
proposed middle aisle within the site and be extended to the kerb line and provided with a
standard pram ramp or a layback.
Driveways and Carparking
52. Driveways must be provided to the site in accordance with the approved plans and must
comply in particular with the following:
a. Be in accordance with IPWEAQ Standard Drawings SEQ R-051
b. To have a maximum width of 7.0 metre.
c. To smoothly match the levels and grade (at 2.5%) of the proposed concrete footpath
without posing trip hazards.
d. Have a minimum clearance of 500mm from any Unitywater/Energex/Telstra asset,
unless a written approval is obtained from Unitywater/Energex/Telstra and submitted
to Council.
e. Any existing service pits (eg Water Metre, Telstra pit) within the driveway crossover
must be relocated or adjusted in accordance with the requirement the relevant service
provider.
53. Any existing redundant property or pram ramp must be removed and the kerb, footpath and
verge area must be reinstated to match the existing kerb and verge treatments. The 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. Any sections if kerb line requiring
removal due to the new works must be saw-cut and removed to allow for a smooth and neat
finish with the new works
54. Carparking areas must be constructed and line-marked generally in accordance with the
approved plans and in compliance with the relevant sections of Australian Standards, AS
2890.1 and AS 2890.2.
55. Pavement design for privately owned works must be undertaken in accordance with the
relevant standards. The structural integrity and the ongoing maintenance of the crossover,
driveway and parking areas will remain the responsibility of the property owner and must be
certified by RPEQ.
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Earthworks
56. All earthworks and associated batters/retaining walls must be contained entirely within the
subject site unless written permission from the respective landowner(s) is provided to
Council. All earthworks must be undertaken in accordance with the approved plans and the
provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and
Residential Developments with geotechnical testing undertaken in accordance with the
Standard, and to a minimum of ‘Level 2’ supervision. Test results as required by AS 3798,
and a certificate of quality and uniformity of fill shall be provided by a RPEQ.
Stormwater Works
57. Stormwater drainage works must be provided generally in accordance with the approved
engineering plans and must comply in particular with following requirements:
a. The use of gravity stormwater drainage.
b. The finished surface levels of the site must be graded and shaped to ensure that all
surface runoff is collected and directed to the proposed drainage system and not
directed on to any adjoining property or adversely impacting on the development site.
c. Adequate overland flowpath to convey stormwater runoff to ensure no adverse impact
on the proposed development or other adjoining site during major storm events (eg up
and including 1% AEP rainfall storm event).
Service Conduits under Existing Road
58. Where applicable, any electrical conduits and other services (including town water
connection) proposed to be installed under existing sealed/concrete roads (including shared
private roads), concrete pathways or concrete/sealed driveways must be installed by boring.
Trenching is not permitted, unless specifically approved by Council.
Certification and Final Inspection
59. Upon completion of the work and prior to the final inspection by Council, a certificate must
be issued by an RPEQ certifying that the works have been constructed in accordance with
the Operational Works permit, the relevant engineering standards and best engineering
practices.
60. A final inspection of all the completed operational works by Council’s Inspector is required.
Please contact Council on 5329 6245 to arrange for the inspection.
Erosion & Sediment Control
61. A construction hold point with a council delegate and supervising RPEQ must be established
prior to commencement of cut to fill earthworks for the development. The hold point must be
held as soon as reasonably practical and prior to the first rain event forecast following initial
tree clearing or removal of soil stabilising material for each stage. At the hold point inspection,
all required sediment basins, drains and bunds to divert waters away from disturbed soil or
soils about to become exposed through cut to fill activities must be installed. All areas that
will not require earthworks in the imminent cut to fill operation must be stabilised to prevent
entrainment of sediments into receiving waters.
62. Cut to fill earthworks must not commence until after the Supervising RPEQ has certified that
all installed erosion and sediment controls required by this approval are sized in accordance
with conditions of the approval and the written acceptance of the certification is provided to
the supervising RPEQ by Council officers.
63. Offsite run-off must be diverted around exposed soils on the site without entraining additional
sediments. Discharge from measures to divert the offsite water must not cause run-off
impacts to other properties. Measures installed to divert the upstream water must be
designed and certified by the supervising RPEQ and installed prior to commencement of bulk
earthworks.
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64. Any temporary drainage works to manage stormwater flows during the construction phase
of development must be designed by the supervising RPEQ to provide a 150mm freeboard
and convey the following flow capacities without resulting in visible scour within flow paths:
a. 1 in 2 year event where disturbed area open for less than 12 months
b. 1 in 5 year event where disturbed area open for 12-24 months
c. 1 in 10-year ARI event where disturbed area open for 24 months
d. Minimum 1 in 1 year ARI Hydraulic capacity for temporary culvert crossings
65. E&SC measures must be installed and maintained to ensure any waters discharged from the
site contain less than 50mg Total Suspended Solids per litre. All relevant measures detailed
in the International Erosion and Sediment Control Book must be installed to minimise the
amount of sediment leaving the site.
66. All exposed areas greater than 2500 metres2 must be provided with sediment controls which
are designed, implemented and maintained to a standard which would achieve at least 80%
of the average annual runoff volume of the contributing catchment treated (i.e. 80%
hydrological effectiveness) to 50mg/L Total Suspended Solids (TSS) or less, and pH in the
range (6.5–8.5) .Sediment controls to achieve this condition must be installed and certified
by an RPEQ prior to exposure of any soils that require this form of sediment control
treatment.
67. Peak 1-year ARI event discharge from the construction phase of development must be
equivalent to the pre-development peak 1-year ARI event discharge. Measures included in
calculations to achieve management of peak flows must be incorporated into the
development in a manner that is consistent with the Noosa Plan, all conditions of the approval
and does not interfere with adjoining properties.
68. Prior to the completion of the development, all site surfaces must be effectively stabilised.
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.
Stormwater Drainage
69. The site must be provided with a stormwater drainage system that connects to a lawful point
of discharge and the Queensland Urban Drainage Manual, and must include in particular:
a. A stormwater detention system to ensure no increase in peak flow runoff in 1, 5, 50 or 100
ARI events, as per The Stormwater Management Report for Lot 5 Taylor Court, Cooroy
Qld, 4563 report No 18-0165D Dated 7 November 2018 by HR Design
b. No adverse impact on other properties and the road’s footpath and grassed verge (e.g. by
diverting flows and/or blocking flows and causing additional ponding)
c. The use of gravity stormwater drainage only and not surcharge pits or pumps.
d. A stormwater quality treatment system in accordance with the with The Stormwater
Management Report for Lot 5 Taylor Court, Cooroy Qld, 4563 report No 18-0165D Dated
7 November 2018 by HR Design to achieve the following objectives as predicted in MUSIC
modelling in accordance with the Water by Design MUSIC modelling guidelines.
State Planning Policy SEQ Water Development
Guidelines: Development
Guidelines for Water
Quality Management in
Drinking Water
Catchments (SEQ Water
2012)
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Document Set ID: 20742186
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Section 12
Noosa Council documents
Total Suspended 80% reduction
Solids compared to an
unmitigated
development
Total Phosphorous 60% reduction
No increase in pollutant
compared to an
loads compared to a Vacant
unmitigated
Industrial Allotment
development
Total Nitrogen 45% reduction
compared to an
unmitigated
development
e. The finished surface levels of the swale alongside the western property boundary must be
such that all flows within the swale drain to the bioretention basin as per the MUSIC model
provided to Council on 7 November 2018.
f. The development must include bins with educational signage material to encourage patrons
who purchase items that generate gross pollutants to dispose of such items appropriately,
and not where they may enter stormwater systems.
g. Stormwater quality treatment devices must be routinely checked, serviced and cleaned in
accordance with Water by Design maintaining vegetated stormwater assets guidelines.
Records of all maintenance activities undertaken must be kept for 5 years and made
available to Council upon request.
h. The ongoing maintenance plan for the development must include the operations and
maintenance manual for the water quality device/s and must include the full cost of
maintaining the system. This maintenance plan must be provided at the Pre-Start meet
i. The development must not cause an increase in peak flow runoff in 1, 5, 50 or 100 ARI
events. The subsequent application for operational works must include calculations and
designs to demonstrate how this condition is achieved.
Water Sensitive Design
70. Prior to release commencement of use, the supervising RPEQ must certify must certify that
all hardstand areas of the development drain to a bioretention device designed and
constructed in accordance with all relevant conditions of this approval, the Water by Design
Bioretention Technical Design Guidelines, relevant aspects of the IPWEAQ Standard
Drawing WSUD-drawing series and Construction and Establishment Guidelines: Swales,
Bioretention Systems and Wetlands (Water by Design, 2009).
71. During construction and establishment of the bioretention devices, the supervising RPEQ
must certify forms contained in section 3.15 of the Construction and Establishment
Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009). These
forms and certification must be submitted to council prior to the sealing of the survey plan.
72. The active filter media of the bioretention device must be as detailed inThe Stormwater
Management Report for Lot 5 Taylor Court, Cooroy Qld, 4563 report No 18-0165D Dated 7
November 2018 by HR Design . Active filter media area is the area of the bioretention basin
surface that is not covered by any impermeable structure such as a sediment forebay, riser,
etc.
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Document Set ID: 20742186
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Section 13
Noosa Council documents
73. A construction hold point with a council delegate must be established once the bioretention
device underdrainage pipe work is installed. At the time of inspection, a sample of the
drainage layer, transition layer, and filtration media materials must be stockpiled onsite
accompanied by laboratory results that demonstrate that the media complies with the
specifications contained in the latest version of the Guidelines for Soil Filter Media in
Bioretention Systems (Facility for Advancing Water Biofiltration) and that the minimum
hydraulic conductivity of 180mm/hr or as specified on the approved engineering plans will be
achieved. The drainage layer, transition layer, and filtration media materials shall not be
installed until the catchment draining to the bioretention device has 80% groundcover as
determined by council’s delegate.
74. 80% of the catchment flowing to the bioretention basin must be effectively stabilised prior to
the construction holdpoint for the Bioretention device.
Certification and Final Inspection
75. Upon completion of the work and prior to the final inspection by Council, a certificate must
be issued by an RPEQ certifying that the works have been constructed in accordance with
the Operational Works permit, the relevant engineering standards and best engineering
practices.
76. A final inspection of all the completed operational works by Council’s Inspector is required.
Please contact Council on 5329 6245 to arrange for the inspection.
Bio Retention Basins
77. Prior to Council accepting water quality treatment device assets “Off Maintenance”, the
applicant must provide Council with a Schedule of Maintenance Costs for all activities
undertaken to maintain the bio retention basins in accordance with the most current version
of Healthy Waterways Bio retention Basin Maintaining Vegetated Stormwater Assets
Guidelines. The schedule shall include records of actual costs of maintenance work
undertaken.
LANDSCAPING
78. 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
L001 D Drawing Schedule and Sheet Layout 12.11.2018
prepared by James Birrell Design Lab
L002 D General Notes prepared by James Birrell 12.11.2018
Design Lab
L003 D Finishes & Plant Schedules prepared by 12.11.2018
James Birrell Design Lab AS AMENDED
BY COUNCIL
L601 D Planting Plan prepared by James Birrell 12.11.2018
Design Lab
L602 D Planting Plan prepared by James Birrell 12.11.2018
Design Lab AS AMENDED BY COUNCIL
L603 D Planting Plan prepared by James Birrell 12.11.2018
Design Lab AS AMENDED BY COUNCIL
Page 13 of 19
Document Set ID: 20742186
Version: 6, Version Date: 28/11/2018 Print Date: 28 November 2018, 4:15 PM
Section 14
Noosa Council documents
L701 D Landscape Details prepared by James 12.11.2018
Birrell Design Lab
Landscaping Works
79. 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)
80. Landscape works must:
a. Delineate all planting to grassed area interfaces with timber or concrete edge.
b. Ensure amenity or sales signage and ancillary infrastructure is not installed within the
road reserve.
c. Ensure permanent irrigation is not installed within the road reserve.
d. Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of
foreign matter including anthropogenic waste, rock, soil/sediment contamination and is
applied to all planting areas to ensure a minimum 100mm depth once settled.
81. Public amenity trees* must:
a. Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC).
b. Be located in accordance with engineering requirements for safe vehicle and
pedestrian sight lines.
*(Refer to Advisory Note)
82. Turfed areas must be must be free of pest, diseases and weeds and level with adjoining
surfaces.
Site Stability and Soil Quality
83. Soil for landscaping must provide for healthy and sustained site specific vegetation
performance.
84. Prior to the commencement of use the Landscape Certification must be provided to Council.
Bioretention Devices - Landscaping
85. Landscape plans must include a mixture of at least five of the following species for planting
in the bioretention basin extended detention surface at a minimum density of 8 plants/m2:
a. Carex appressa
b. Carex fascicularis
c. Ficinia nodosa
d. Juncus usitatis
e. Lomandra longifolia
f. Ghania sieberiana
86. Landscape plans for the areas surrounding the bioretention basin filter media footprint must
be arranged to minimise shading to the filter media footprint are. Suitable plants include the
following:
a. Carex appressa
b. Carex fascicularis
c. Ficinia nodosa
d. Juncus usitatis
e. Lomandra longifolia
f. Ghania sieberiana
g. Banksia robur
h. Dianella brevipendunculata
i. Themada triandra
Page 14 of 19
Document Set ID: 20742186
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Section 15
Noosa Council documents
j. Cymbopogan refractus
k. Melaleuca thymifolia
87. Where landscaping/garden beds are proposed adjacent to the bioretention basin, or where
the basin is located adjacent to naturally forested areas, a 900mm deep root barrier must be
installed to the interface between the landscape/garden/forest area and the bioretention
basin to prevent root intrusion to the biobasin infrastructure.
88. Landscaping to the surface of the bioretention basin filter media area must not commence
until 80% of building work within each contributing catchment is complete or after 3 years,
whichever occurs first. An uncompleted works bond of 150% of the value of the planting to
the surface of the bioretention basin filter media area must be provided to Council prior to
the release of the Plan of Survey.
89. Where required, mulch within the batters of bioretention basins must be installed in a manner
that it will not escape into receiving stormwater drainage infrastructure or water courses.
Bioretention Devices - Education
90. The development shall be provided with approved permanent signage to educate the public
on the function of the bioretention basin. The wording for the signage for each bioretention
basin is to include: “BIORETENTION BASIN - This bioretention basin reduces the pollution
of our waterways by reducing the amount of heavy metals, litter, suspended solids, and
nutrients discharged to Lake MacDonald”.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Engineering Notes
1. All private infrastructures for the development must be designed to meet the requirements of
the planning scheme and the relevant service provider unless otherwise agreed by the
relevant authority.
2. 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.
3. The Setout Tables in the approved plans, their contents and details are not part of Council’s
assessment and approval.
4. 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 work
site safe due to inactivity on the development site for extended periods of time.
5. Prestart Meeting: Contact Council on 5329 6245 to arrange a prestart or an inspection giving
a minimum of 5 business days notice of preferred inspection time.
It should be noted prior to arranging a prestart meeting the Right of Appeal Period of 20
business days should have been passed or the applicant has have confirmed by a letter or
an email that he/she has accepted the conditions of Decision Notice and waived his/her
appeal right.
6. 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.
Page 15 of 19
Document Set ID: 20742186
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Section 16
Noosa Council documents
7. Where applicable, a minimum maintenance period of 12 months will apply to all municipal
works (eg public concrete pathway) and thereafter until such time as the works are
performing in accordance with the approved design unless notifies otherwise.
General Environmental Advisory Note
8. 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.
Landscape Works – Qualified Person
9. 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.
Public Amenity
10. Public amenity trees are defined as any tree located within public streets, parks or areas that
will become publically owned as a result of this development.
Aboriginal Cultural Heritage Act 2003
11. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations
under the ACH Act.
Equitable Access and Facilities
12. 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.
Development Compliance Inspection
13. Prior to the commencement of the use, please contact Council's DA Planning Section to
arrange a Development Compliance Inspection.
Infrastructure Charges
14. This Development Permit dated 21 November 2018 will trigger an “Infrastructure Charge
Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to
the planning legislation and regulations current at the time of issue.
Page 16 of 19
Document Set ID: 20742186
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Section 17
Noosa Council documents
Sustainability
15. In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building
design for residential and commercial development. Council encourages the use of
sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems
(including the use of inverter/charges), water saving devices and rainwater harvesting. For
further information go to http://www.noosa.qld.gov.au/sustainable-homes
Performance Bond
16. Where the works include Council assets (construction of new or modifications to existing) a
portion of the performance bond will be retained as a “maintenance bond” as described in
Council’s Planning Scheme Policy 5 Engineering Design Standards – Roads, Drainage and
Earthworks. Alternatively the developer may submit a separate “maintenance bond” at the
completion of the works.
The bond amount will be:
a. 5% of the agreed value of the works or
b. $1500, whichever is the greater amount
7. PROPERTY NOTES
Stormwater Treatment
1. This site is provided with stormwater quality treatment devices which capture and store
pollutants from stormwater runoff generated on the site. These devices are required to be
routinely checked and serviced/cleaned out as per Maintaining Vegetated Stormwater
Assets, Version 1 (Water by Design, 2009). Records of maintenance activities undertaken
are to be kept and made available to council officers upon request.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works Industrial Buildings (Private Building
Certification)
10. SUBMISSIONS
Not applicable.
11. 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.
12. 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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Document Set ID: 20742186
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Section 18
Noosa Council documents
Yours faithfully,
Billy Glover
Development Planner
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc. Unitywater
Page 18 of 19
Document Set ID: 20742186
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Section 19
Noosa Council documents
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 19 of 19
Document Set ID: 20742186
Version: 6, Version Date: 28/11/2018 Print Date: 28 November 2018, 4:15 PM
Section 20
12
Noosa Council documents
1.4
12
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SP197517
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stack
LAND
G.F : 111.1 m2 G.F : 110.2 m2 G.F : 110.2 m2 G.F : 110.2 m2 G.F : 108.8 m2 G.F : 110.0 m2 G.F : 110.2 m2 G.F : 107.4 m2 G.F : 110.2 m2 G.F : 110.2 m2
16.737
TENANCY 39G.F
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G.F : 111.1 m2
wall
of layback kerb
LANDSCAPING
G.F : 110.2 m2 G.F : 110.2 m2 FFL 121,400
121
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12
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TENANCY 20G.F TENANCY 21G.F TENANCY 22G.F TENANCY 23G.F TENANCY 24G.F TENANCY 25G.F
30
12
G.F : 110.4 m2 G.F : 109.4 m2 G.F : 109.4 m2 G.F : 109.9 m2 G.F : 110.0 m2 G.F : 109.4 m2
12
12 74
TENANCY 26G.F
1.
1.
FFL 120,950 FFL 120,950 FFL 120,950 FFL 120,950 FFL 120,950 FFL 120,950
1.
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G.F : 111.0 m2
PROPOSED
67
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FOOTPRINT: 5342 m2
12
TENANCY 17G.F TENANCY 18G.F
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TENANCY 12G.F TENANCY 13G.F TENANCY 14G.F TENANCY 15G.F TENANCY 16G.F TENANCY 19G.F
3
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1.
SITE COVERAGE = 50.6%
.2 4
6.
G.F : 149.6 m2
45
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7
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8.
119
1.
31
f
LANDSCAPING DETAIL SURVEY INFORMATION
en The text continues on section 22.