Referral Agency Response - Planning RAP21 0033 · RAP21/0033

Officer: 	Wilhelm Koschade
Direct Telephone: 	07 53296540
Our Reference:	RAP21/0033
Your Reference:	35417
16 March 2022
Coastal Building Certifications Pty Ltd
10 Akounah Cres
BUDDINA   QLD   4575

[email protected]
Dear Sir/Madam
Referral Agency Response
Planning Act 2016
I refer to your application and advise that Council, as a concurrence agency for the application, completed its assessment of the application on 14 March 2022. You are advised that Council requires conditions to be attached to any development approval. The conditions are listed below.
application details
Application No:	RAP21/0033
Street address:	31 Mcanally Dr Sunshine Beach Qld 4567
Real property description:	Lot 111 RP 81810
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
type of development
The applicant seeks the following type of referral agency response:
Concurrence Agency Response for Dwelling House
concurrence agency conditions
PLANNING
When Conditions must be complied with
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
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
C1.0	-	Site Plan, prepared by Chris Clout Design (annotated)	18/02/2022
C1.1	-	Lower Floor Plan, prepared by Chris Clout Design	18/02/2022
C1.2	-	Ground Floor Plan, prepared by Chris Clout Design (annotated)	18/02/2022
C1.3	-	Upper Floor Plan, prepared by Chris Clout Design (annotated)	18/02/2022
C1.4	-	Roof Terrace, prepared by Chris Clout Design (annotated)	18/02/2022
C2.0	-	Elevations, prepared by Chris Clout Design (annotated)	18/02/2022
C2.1	-	Elevations, prepared by Chris Clout Design (annotated)	18/02/2022
C3.1	-	Section Plan, prepared by Chris Clout Design	18/02/2022
Building Height and Storeys
The maximum height of the development must not exceed 8.0 metres above the finished ground level and the natural ground surface.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
No part of the basement is to be more than 1 metre above ground level in accordance with the administrative definition under the Noosa Plan 2020.
Sunset Clause for Referral Agency Response
This Concurrence Agency response is no longer valid if works have not commenced within 4 years of the date of this notice, unless otherwise extended in writing by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Front Boundary Setback
The development must achieve a minimum front boundary setback of 6.0 metres to the outer most projection (Refer to approved annotated plans).
Northern Side Boundary Setback
The development must achieve minimum boundary clearances to the northern side setback (Refer to approved annotated plans). Minimum boundary clearance must be provided in accordance with Acceptable Outcome AO9.3 of the Low-Density Residential Zone Code.
Rooftop Terrace
The proposed privacy screen on the northern perimeter of the roofed terrace must be extended to provide screening to the northern aspect as shown on the approved annotated plans. The privacy screen must have a minimum height of 1.8m and the overall height of the structure must not exceed 8.0m.
The rooftop terrace must be setback a minimum of 3.0m from the southern perimeter of the dwelling roof (Refer to approved annotated plans).
ENGINEERING
Site Access and Driveways
A sealed access driveway must be provided from Mcanally Drive to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway generally in accordance with drawings No: 31263-OW2.1 and 31263-OW2.2 prepared by SCG Consulting Engineers dated November 2021;
a driveway constructed such that vehicles will not scrap or bottom out on the driveway or road formation when entering and exiting the site
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  Stormwater must be discharged into the kerb and channel in Mcanally Drive and be generally in accordance with drawing number 31263-SW1.1 prepared by SCG Consulting Engineers dated November 2021.
Geotechnical Stability
All works must be carried out in accordance with a Geotechnical Report (or part thereof) prepared by a qualified person* and endorsed through a Building Approval.
*(Refer to Advisory Note)
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the Geotechnical Report for the development and that the development has a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
Earthworks and Retaining Walls
All fill and associated batters 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 provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
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.
All existing site levels must be maintained, and no further excavation is permitted along the full length of the northern, southern and western elevation.
The natural ground level must be reinstated along the southern and northern boundary in accordance with the approved annotated plans.
Damage to Services and Assets
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
reasons for inclusion of conditions
The proposal is subject to specific built form parameters outlined in The Noosa Plan.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the referral agency conditions:
PLANNING
Equitable Access and Facilities
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:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
Aboriginal Cultural Heritage Act 2003
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 to discuss any obligations under the ACH Act.
ENGINEERING
Building and Construction Industry (Portable Long Service Leave) Levy
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.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years’ experience in the field of geotechnical engineering or engineering geology
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,

Wilhelm Koschade
Development Planner

Enc:	Approved Plans/Documents

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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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