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Referral Agency Response - RAP23/0017 (As published)
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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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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