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Referral Agency Response - RAP23/0017 (As published)

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                                                                                 Officer:            Cameron Smith
                                                                                 Direct Telephone:   07 53296178
                                                                                 Our Reference:      RAP23/0017
                                                                                 Your Reference:     n/a

                 29 January 2025


                 JC Cusack & NAJ Cusack
                 C/- Brennan Planning Pty Ltd
                 44 Maple St
                 COOROY QLD 4563
                 [email protected]



                 Dear Sir,
                                                  Referral Agency Response
                                                        Planning Act 2016

                 I refer to your application and advise that Council, as a referral agency for the application,
                 completed its assessment of the application on 23rd January 2025. You are advised that
                 Council requires conditions to be attached to any development approval. The conditions are
                 listed below.
                 1.      APPLICATION DETAILS

                     Application No:              RAP23/0017

                     Street address:              20 Woongar St Boreen Point

                     Real property description:   Lot 1 RP 112348

                     Planning Scheme:             Noosa Plan 2020 (25 September 2020)

                 2.      TYPE OF DEVELOPMENT

                 The applicant seeks the following type of referral agency response:
                 •       Referral Agency Response for Dwelling House (Building Height, Setbacks, Landslide
                         Hazard)
                 3.      TIME LIMIT FOR MAKING FURTHER APPLICATION

                 Pursuant to section 54(4) of the Planning Act 2016, you will not be required to refer your
                 building works application to council for a further Referral Agency Response if:
                 (a)     you submit this Referral Agency Response in its entirety, including all referenced plans
                         and documents, when making the application to the Assessment Manager; and
                 (b)     there are no changes to the proposal that was presented to council with this referral;
                         and
                 (c)     The development application to the assessment manager is made within 12 months of
                         the date of this referral agency response.



                 ABN 97.969.214.121                                                                 PO Box 141
                 noosa.qld.gov.au                                                            Tewantin QLD 4565
                 [email protected]                                                            07 5329 6500
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Document Set ID: 23511702
Version: 5, Version Date: 29/01/2025
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                 4.     REFERAL AGENCY CONDITIONS

                        When Conditions must be Complied With
                 1.     Unless otherwise stated, all conditions of this Decision Notice must be complied with
                        prior to the use of the building commencing, and then compliance maintained at all times
                        while the use continues.
                        Approved Plans
                 2.     Development authorised by this approval must be undertaken generally in accordance
                        with the Approved Plans listed in the table below.

                           Plan No.       Rev.   Plan/Document Name                              Date

                           CD 01 01       10     Site Plan, prepared by Morrison Architecture    20.08.24
                                                 Annotated by Council

                           CD 01 02       9      Plans, prepared by Morrison Architecture        20.08.24
                                                 Annotated by Council

                           CD 01 03       4      Plans, prepared by Morrison Architecture        20.08.24
                                                 Annotated by Council

                           CD 02 01       9      Elevations, prepared by Morrison Architecture   20.08.24
                                                 Annotated by Council

                           CD 02 02       8      Elevations, prepared by Morrison Architecture   20.08.24
                                                 Annotated by Council

                           CD 02 04       3      8m Height      3D,   prepared   by   Morrison 20.08.24
                                                 Architecture

                           CD 02 03       13     Sections, prepared by Morrison Architecture     20.09.24
                                                 Annotated by Council

                           CD 02 05       1      Sections, prepared by Morrison Architecture     20.09.24
                                                 Annotated by Council

                        Building Height
                 3.     The maximum height of the development must not exceed 8.35 metres above the
                        ground level as shown on the Approved Plans, including where excavation is undertaken
                        the exposed portion of the external façade of the building.
                 4.     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.
                        Built Form
                 5.     The carport must not be enclosed along any elevation unless otherwise noted on the
                        approved plans and is to remain open and lightweight in design.




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                        Car Parking
                 6.     A minimum of two covered car parking spaces must be provided on site and made
                        available and accessible at all times for residents.
                        Landscaping Works
                 7.     A minimum of 20% of the site must be retained as soft landscaping.
                 8.     Existing trees on the site must be retained, except where required to be removed to
                        accommodate the approved dwelling. In this regard, the removal of vegetation must not
                        extend beyond 3 metres of the building footprint.
                 9.     Existing vegetation in the road reserve must be retained, unless written authorisation
                        from Council is granted for the clearing.
                 10.    Trees to be retained must be protected from clearing or construction activities by:
                        a.      clearly marking vegetation to be retained with flagging tape.
                        b.      installing protective fencing around the drip line of the vegetation
                        c.      restricting stockpiling, storage and vehicle parking to those areas which are
                                already cleared.
                        d.      using low impact construction techniques around vegetation.
                 11.    All landscape works must be established and maintained 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.
                        Geotechnical Stability
                 12.    All works must be carried out in accordance with Section 6 of the Geotechnical
                        Assessment Report listed within this Decision Notice
                        Waste Water Treatment and Disposal
                 13.    The dwelling must be provided with an on-site wastewater treatment and effluent
                        disposal system having a capacity sufficient for the use*.
                        *(Refer to Advisory Note)
                 5.     REASONS FOR REFERRAL AGENCY’S DECISION

                 The proposal is subject to specific built form parameters outlined in The Noosa Plan.
                 6.     REFERENCE DOCUMENT

                  Doc No.              Rev.   Document Name                                            Date

                  35891URrpt 1                Geotechnical Assessment                                  16 May 2023
                                              Prepared by JK Geotechnics Pty Ltd

                  210450 (S)           -      Soil Test Report                                         15 December 2021
                                              Prepared by Australian Soil Investigations Pty Ltd

                 7.     ADVISORY NOTES

                        Aboriginal Cultural Heritage Act 2003
                 1.     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).




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                        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 to discuss any obligations under the ACH
                        Act.
                        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.
                        Infrastructure Charges
                 3.     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.
                        Property Driveway and Vehicle Crossover
                 4.     The planning scheme declares for the construction of a driveway and vehicle crossover
                        to the property to be Accepted Development subject to meeting the requirements of the
                        Low Density Housing Code. If the proposed driveway and vehicle crossover does not
                        comply with each Acceptable Outcomes contained in the Code, a Development Permit
                        for Operational Work is required to be obtained from Council.
                        *http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
                        Sustainability
                 5.     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.
                        Fires in Urban Areas
                 6.     In urban areas fires are prohibited except where in an appliance is used for domestic
                        heating or cooking purposes, which must comply with particular standards. Any area
                        identified as a fire pit area on approved plans is to be in accordance with Local Law &
                        Subordinate Local Law No. 3, Schedule 3. Refer to the following link for details:
                        https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview




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                        Waste Water Treatment and Disposal System
                 7.     The establishment of a wastewater treatment and disposal system for the site requires
                        a Compliance Permit to be obtained from Council under the Plumbing and Drainage Act
                        2002. The system must be designed in accordance with the Queensland Plumbing and
                        Wastewater Code (Department of State Development and Infrastructure & Planning,
                        2007) and Australian Standard AS/NZS1547: 2000 “On-site Domestic Wastewater
                        Management” or an alternative solution approved through Council’s Building and
                        Plumbing branch. Where a development exceeds the accommodation or use of 21 or
                        more equivalent persons a copy of an Operator’s Licence from the relevant State will
                        also be required.
                 1. REPRESENTATIONS ABOUT REFERRAL AGENCY RESPONSE

                 The applicant may make representations to Council about this referral agency response at
                 any time before the application is decided pursuant to section 30 of the Development
                 Assessment Rules.
                 Yours faithfully,




                 Cameron Smith
                 Development Planner

                 Enc:   Approved Plans/Documents




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Document Set ID: 23511702
Version: 5, Version Date: 29/01/2025

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