Referral Agency Response - Planning RAP22 0017 · RAP22/0017

And therefore Officer: 	Nadine Gorton
Direct Telephone: 	07 53296215
Our Reference:	RAP22/0017
Your Reference:	2021-3736
19 October 2022
Project BA
PO Box 45
NOOSAVILLE  QLD  4567

[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 17 October 2022. You are advised that Council requires conditions to be attached to any development approval. The conditions are listed below.
application details
Application No:	RAP22/0017
Street address:	20 The Promontory Noosaville Qld 4566
Real property description:	Lot 840 SP 102579
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
A.001	A	Site Plan, prepared by Zest and as amended by Council	14/10/2022
A.200	A	Level 1 Proposed Plan, prepared by Zest and as amended by Council	14/10/2022
A.300	A	Elevations, prepared by Zest and as amended by Council	15/09/2022
A.301	A	Elevations, prepared by Zest and as amended by Council	15/09/2022
Building Height
The maximum height of the development must not exceed 8.0 meters above the finished ground level and the natural ground surface.
Building Setbacks
The dwelling must achieved a minimum front boundary setback of 5.4m to outer most projection.
The unroofed pergola located within the front boundary setback (northern elevation) is not supported.
Currency Period
This Concurrence Agency response is no longer valid if the use has not commenced within 4 years of the date of this notice, unless otherwise extended in writing by Council.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 $1,500 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. 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.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
Flood Immunity, Drainage and Earthworks
The minimum floor levels of all habitable rooms must be the greater of the following:
the minimum specified floor level if in an area where minimum floor levels are available
All cut and fill must not exceed 2 metres in depth relative to natural ground level.
Fill material placed over services must not impose any additional surcharge loading on the service.
Excavation must not be carried out within 600mm of any utility infrastructure (to top, sides and base of services). A retaining wall must be provided to support the soil surrounding utility infrastructure where proximate to excavation activities.
Compaction with a vibrating roller must not be carried out within 600mm of any utility infrastructure.
Other than for accessways, filling must not extend more than 1 metre beyond the footprint of the approved dwelling when measured from its outer walls.
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP6 - Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or concentrate or direct overland flow on to an adjoining property.
Noosa Waters Setback
The existing deck within 4.5 metres of the centreline of the top of the concrete revetment wall is to be removed.
The land area within 4.5 metres of the revetment wall must be developed in accordance with the following requirements:
a minimum of 25% of the area must be planted with shrubs
a maximum of 25% of the area must be under hard pavement and the balance must be turf or ground covers
Any tree species planted must not have a mature height that exceeds 3 metres
all land within 1 metre from the revetment wall must not be planted with shrubs, and instead must be provided with either turf, ground cover, or hard pavement
any side boundary fencing within 4.5 metres of the revetment wall must taper down to a maximum height of 1.2 metres at the revetment wall, and must have a height not exceeding 1.5 metres at a distance of 2.25 metres from the revetment wall.
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
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.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.

Infrastructure Charges
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
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,

Nadine Gorton
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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