Decision Notice - Approved by Delegation of Authority OPW20 0108

Officer: 	Monkeith Kadhum
Direct Telephone: 	07 53296293
Our Reference:	OPW20/0108 : JElder
Your Reference:	BR190571
13 October 2020
Wessel Petroleum
C/- Acor Consultants
PO Box 3635
SOUTH BRISBANE  QLD  4101

[email protected]
Dear Sir,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 13 October 2020, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW20/0108
Street address:	52 and 54 Mary St Noosaville Qld 4566
Real property description:	Lot 21 RP 72829, Lot 1 RP 131598
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Approval for Operational Works - Stormwater Drainage Works, Earthworks, Landscaping, Roadworks
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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
C0.01 Project No: BR190571	C	Cover Sheet And Locality Plan, prepared by ACOR Consultants	23/09/2020
C0.02 Project No: BR190571	B	General Notes, prepared by ACOR Consultants	30/06/2020
C2.01 Project No: BR190571	D	Bulk Earthworks Layout Plan, prepared by ACOR Consultants	01/09/2020
C3.01 Project No: BR190571	D	Siteworks Plan, prepared by ACOR Consultants	01/09/2020
C3.02 Project No: BR190571	B	External Siteworks Plan, prepared by ACOR Consultants	01/09/2020
C3.03 Project No: BR190571	A	Driveway Long Sections, prepared by ACOR Consultants	26/08/2020
C4.01 Project No: BR190571	D	Stormwater Drainage Plan, prepared by ACOR Consultants	01/09/2020
C4.06 Project No: BR190571	C	Stormwater Drainage Long Section, prepared by ACOR Consultants	01/09/2020
C5.01 Project No: BR190571	E	Pavement Plan, prepared by ACOR Consultants	23/09/2020
C5.02 Project No: BR190571	A	Sign and Linemarking Plan, prepared by ACOR Consultants	26/08/2020
C6.01 Project No: BR190571	A	Civil Details Sheet 1 of 2, prepared by ACOR Consultants	30/06/2020
C6.02 Project No: BR190571	B	Civil Details Sheet 2 of 2, prepared by ACOR Consultants	23/09/2020
9327 L 01	D	LANDSCAPE COVER SHEET prepared by saunders havill group	22/09/2020
9327 L 02	C	LANDSCAPE Layout Plan prepared by saunders havill group	27/08/2020
9327 L 03	D	LANDSCAPE Planting Plan prepared by saunders havill group	22/09/2020
9327 L 04	C	LANDSCAPE Construction details –sheet 1 prepared by saunders havill group	27/08/2020
9327 L 05	D	LANDSCAPE Construction details –sheet 2 prepared by saunders havill group	22/09/2020
J2192	1	Noise Impact Assessment – BP Noosaville, prepared by Alpha Acoustics	05/06/2020
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 13 October 2022 unless an application to extend the currency period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Any conflict between the development and an existing or proposed services (eg water main, telecommunication cables) must be referred to the relevant service authority for determination prior to commencement of works. Any required amendments to the design of the approved operational works must be approved by Council prior to proceeding with the related works.
All necessary approvals from external service providers (eg Unitywater, Telstra etc) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
A condition report of the drainage system must be completed for agreement at the prestart meeting. The condition report is to include a CCTV inspection of the existing pipe and must include at least 50m downstream of the development site.
A condition report including photographs of the frontage of the site must be completed and submitted to council at the prestart meeting and prior to any works commencing.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a prestart meeting is 5329 6245. The prestart meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Landscape works;
Traffic management;
Erosion and sediment control works;
Other relevant parties
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
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
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Proposed fencing to the site during the construction phase of the development
Adequate parking arrangements for construction workers and appliances.
No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures
Works programme identifying key components of the works and their respective durations
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
For haulage operations involving fill material or excavated material (eg Acid Sulfate Soils) being transported onto or off the site: details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised and frequency of usage.  NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
DURING CONSTRUCTION
General
The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
All 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 works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans, the approved amended plans and the conditions detailed in this Decision Notice.
The relevant conditions of the higher order Material Change of Use approval Reference file No: MCU19/0089 to which this approval relates.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site
Driveways
Driveway crossovers must be constructed in accordance with the approved plans and be in compliance with IPWEA Standard Drawing RS-051, and must comply with the following:
Must have a profile that ensures vehicles entering or exiting the site will not bottom down or scrape the pavements (including the Council’s road pavement).
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete.
Must have a slip resistant surface.
Where there is an existing or proposed pedestrian pathway, a matching crossfall must be provided for the driveway for the full width of the pathway, without impacting on the proposed width of the pathway.
Must be located a minimum of 1m clear of any existing power poles, streetlights or other street signage.
Have a minimum clearance of 500mm from any Unitywater/Telstra asset, unless a written approval is obtained from Unitywater/ Telstra and submitted to Council.
External Roadworks
Where required, any pavement widening or construction of new pavement must comply with IPWEA Standard Drawing RS-170 and join neatly to the existing pavement so that there are no irregularities in line or level resulting at or adjacent to the join for the length of the construction. Where necessary the existing pavement must be brought to a satisfactory standard to allow for the above.
Any required street surfacing must consist of a minimum depth of 50mm of an approved hot mixed asphaltic concrete.
Any new kerb and channel must be in compliance with Council’s standards and match exiting kerb and channel.
Any damaged kerb and channel along the frontage of the site must be replaced in accordance with the relevant engineering standard drawings and shall be consistent with the type of the existing kerb and to the reasonable satisfaction of Council.
Where required any subsoil drains must be provided in accordance with IPWEA Standard Drawings RS-140 and RS-142.
Public Pathways
pathways must be provided in accordance with the approved plans and must:
Be in compliance with IPWEA Standard Drawing RS-065.
Has cross fall grade of 2.5% for the full width of the pathway
Terminate in a manner that ensures smooth transition to existing surfaces for public safety, without causing trip or fall hazards.
Include any modifications to ensure the footpath finishes flush with all existing service covers and the like by altering the levels of these services, so as not to create a pedestrian safety hazard.
Have a slip resistant surface.
Where necessary, be extended beyond the frontage of the site to smoothly match width and levels of adjoining public pathways.
Be designed and constructed to comply with Austroad’s Guide to Road Design Part 6A: Pedestrian and Cyclist Paths and the Disability Discrimination Act (DDA), Access to Premises Standard and the relevant sections of AS1428.1.
Construction hold point(s) with Council’s delegate must be established once a pathway section is ready for concreting.
Carparking Area
Linemarking and signage must be provided for the parking areas generally in accordance with the approved plans and in compliances with the requirements of AS/NZS 2890.1 and the relevant conditions of the higher order approval Ref: MCU19/0089.
Pavement Design and Construction
Pavement design for privately owned works must be undertaken in accordance with the approved plans and the relevant standards.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath or road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
Any existing unnecessary or redundant property accesses must be removed, and the kerb, footpath and verge area reinstated to match the existing footpath and/or verge treatments. 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 private redundant services (eg stormwater pipeline, public services connections) within road verge must be removed.
All frontage works must match neatly with existing road and verge/footpath features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road, verge and footpath profiles.
The grassed verge should generally have a maximum crossfall of 5%, except in the location of a pathway where the maximum crossfall is to be 2.5%.
Earthworks and Retaining Walls
All earthworks and earth retention works including excavation for fuel tanks shall be undertaken generally in accordance with the approved plans and must be carried out in compliance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2’ as defined in Appendix B.  Test results as required by AS 3798, and a certificate of quality and uniformity of fill shall be provided by a RPEQ.
All earthworks, batters and earth retention works must be contained within the property boundaries unless a written consent from the owners of the affected properties (including existing Council’s drainage reserve along the site northern boundary) is submitted to and accepted by Council prior to the works.
Stormwater Drainage
Stormwater drainage works must be provided in accordance with approved plans and must be certified by RPEQ confirming compliance with the conditions of this permit, applicable engineering standards and specifications, and best engineering practices.
Prior to the commencement of stormwater works, a written confirmation or approval is required from Unitywater to confirm no objection to the proposed clearances between the existing water main and the proposed stormwater drainage connection pipeline.
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (eg by concentrating, blocking or interfering with natural overland flows).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Stormwater Quality Treatment
All proprietary stormwater quality treatment devices installed in the development must be routinely checked, serviced and cleaned in accordance with a long-term maintenance agreement and schedule in compliance with the manufacturer’s recommendations. A signed agreement and schedule for the maintenance of the devices must be provided for Council’s endorsement prior to commencement of use. Records of all maintenance activities undertaken must be kept and made available to Council upon request. Where replacement cartridges or other necessary components for the system become unavailable, an alternative system is required to be retro-fit into the development to achieve an equivalent pollutant reduction outcome.
Prior to commencement of use the applicant must provide a copy of a signed supply agreement between the site operator and the stormwater filtration system supplier for the replacement of the filtration cartridges and servicing of the gully filter baskets. The supply agreement must be for the replacement of each cartridge at least fifteen time (15) times.
Acid Sulfate Soils
All works must be carried out in accordance with the Acid Sulfate Soil Investigation and Management Plan Project No. 1-22276, prepared by Soil Surveys, dated March 2020, except as varied through the conditions of this approval and works construction.
All waters, including stormwater runoff, groundwater seepage and leachate from acid sulfate soils must achieve the following quality prior to release from the site:
pH range of 6.5-8.5 pH units
50mg/L maximum  total suspended solids concentration
0.3mg/L maximum total iron concentration
0.2mg/L maximum total aluminium concentration
no visible plume at either the point of release from the site or within a waterway
All treated material must undergo verification testing at the rate of one sample per 250m3 throughout the duration of the excavation phase of the development.  The verification testing must be undertaken by a qualified person using the SPOCAS or Chromium Reducible Sulphur testing suite, and the results must be submitted to Council for appraisal.
Erosion and Sediment Control
Prescribed Water Contaminants (as defined in Schedule 9 of Environmental Protection Regulation 2008) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination. These measures must be designed, implemented and maintained in accordance with “Best Practice Erosion and Sediment Control” published by the International Erosion Control Association (Australasian Chapter) (IECA, 2008), to the extent that such measures and practices are also consistent with the following:
Minimise Erosion
For areas of the site which drain to a sediment basin, implement drainage and erosion control measures prior to rainfall which prevent or minimise rill erosion and gully erosion
For areas of the site which do not drain to a sediment basin, implement drainage and erosion control measures prior to rainfall (including contingency measures) which prevent or minimise erosion, including rain drop erosion, chemical erosion, rill erosion and gully erosion
Prior to the operational works final inspection, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. 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.
Manage concentrated stormwater flows
Prior to each rainfall event ensure concentrated stormwater flow paths are provided with capacity in accordance with IECA (2008) Table 4.3.1 and are structurally stable in all rainfall events for the following sources:
(a)		From stormwater catchments upslope of the area of disturbance which are either stable or external to the site, ensure stormwater is diverted or managed either:
around the site or through the site without causing erosion and without contaminating the flow; or
if it is impractical to convey the flows around or through the site, convey the flows into appropriately sized sediment basins without causing erosion
(b)	From all disturbed areas of the site to sediment basin(s) without causing erosion
Minimise sediment released from the site
Install and maintain sediment basins for each disturbed catchment area of the site  and including undisturbed catchments which cannot be diverted, such that:
(a)	Each basin is sized and operated in accordance with either a Type-A or Type-B sediment basin as documented in IECA (2008) Appendix B (June 2018).
(b)	Each basin is to be provided with an automated system of flocculent dosing and a suitable supply of flocculent/coagulant, with the type of flocculent/coagulant determined based on Chemical Coagulants and Flocculants Fact Sheet (IECA, 2018).
(c)	Markers are provided within each basin indicating the maximum sediment storage level and any additional water storage capacity for water reuse.
(d)	During discharge from the primary outlet system, the concentration of total suspended solids (“TSS”) discharged does not exceed 50mg/L and that pH is within the range of 6.5-8.5 unless entering a naturally acidic environment.
Install and maintain additional sediment control measures within the site, as necessary to maximise sediment capture.
Minimise the tracking of dirt from the site onto roadways. Ensure that all dirt on roadways caused by vehicles leaving the site is removed without causing water contamination, prior to rainfall and at least at the end of each work day.
Sediment and erosion control measures must be in place prior to works commencing. If such measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such fines can be issued if sediments from the site are found to enter or have the potential to enter Council’s stormwater system, natural waterways, any downstream stormwater filtration system or adversely impacting on other properties.  The sediment and erosion control design and measures have NOT been approved, it is the site's Supervising Engineer who is responsible for ensuring that the sediment and erosion control measures have:
Been duly designed by an RPEQ or CPESC and constructed in accordance with "best practise" methods,
Been revised by an RPEQ or CPESC to address the issues raised by changes in the projected construction schedule and/or methods,
Been revised to address predicted rainfall events, and
Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be found inefficient.
Earthworks and the implementation of erosion and sediment controls are undertaken in ways which ensure flooding characteristics (including stormwater quantity characteristics) external to the development site are not worsened during construction for all events up to and including the 1% AEP (1 in 100 year ARI) event.
Drainage paths must be regularly inspected to ensure the sediment fences/measures are not being bypassed as a result of sediment build up. Sediment laden runoff must be prevented from leaving the subject site and entering neighbouring properties and/or stormwater systems.
Soil exposure must be limited on the site to a distance of no more than 2m beyond the extent of earthworks shown on the approved plans except where the exposed soil is effectively stabilised without delay and prior to rainfall occurring.
A log book for the Erosion and Sediment Control measures and inspections must be maintained by the site manager and made readily available to Council when requested. The supervising engineer must verify and endorsed the E&SC measures upon their installation, and periodically check these measures and the log book during construction and the stabilisation stages. Any defects in erosion and sediment control devices, such as sediment fences, are to be inspected and documented. Upon Inspection, the contractor is to determine whether the device should be replaced or repaired. Documentation is to include how the damage was caused and what measures can be implemented to reduce the possibility of repeat occurrences. Any damage to either permanent or temporary water quality control structures or devices is to be immediately rectified at the contractor’s expense.
The effectiveness of the erosion and sediment control devices must be monitored. All ESC measures are to be inspected:
at least daily (when work is occurring on site) or weekly (when work is not occurring on site); or
within 24 hours of expected rain; or
within 18 hours of a rainfall event (i.e. an event of sufficient intensity and duration to mobilise sediment on site).
Hydrocarbon Separator Tank
Hydrocarbon Separator Tank by Envirotank Pty Ltd, or equivalent, must be provided on site with all required maintenance, test reporting, certification and mitigation of risks from 1% AEP flood event be implemented in compliance with the applicable government guidelines and requirements to achieve optimum environmental protection from any potential contamination associated with the operation of the petrol station on the subject site.
Landscaping Works
Landscape works must be supervised, undertaken and certified by qualified persons* prior to the commencement of use.  All works must be completed in accordance with this Decision Notice.
Landscape works must:
Delineate all planting to grassed area interfaces with a hard edge.
Ensure amenity or sales signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
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.
Turfed areas must be must be free of pest, diseases and weeds and level with adjoining surfaces.
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.
(* Refer to Advisory Note)
Fencing, Walls and Screening
Acoustic Barrier Fencing must:
Be installed in accordance with the approved acoustic report.
Certified by a qualified person* as meeting the requirements of the approved acoustic report upon installation and prior to the conduct of the approved use.
Be located wholly within lot boundaries.
Have a design life commensurate with the new buildings.
Be finished in neutral colour tones that blend with the surrounding landscape.
Certification of the acoustic barrier fencing, outlined in these conditions, must be provided to Council, prior to the commencement of use.
The development must achieve compliance with approved acoustic report at all times during the approved use.
(* Refer to Advisory Note)
Supervision/Certification
Prior to commencement of use the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification confirming all works have been constructed in accordance with conditions of approval.
All 100L Trees met Australia Standard AS2303:2015 - Tree Stock for landscape use.
Acoustic certification.
(* Refer to Advisory Note)
FOLLOWING CONSTRUCTION
Certification
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 and the approved plans.
As Constructed Plans
Prior to acceptance of civil works to become Council assets “On Maintenance”, the lodgement of satisfactory “As Constructed” records must be submitted to Council. The “As Constructed” information must include:
Drawings and data certified by a qualified experienced Civil Engineer (RPEQ) for design intent, and certified by a Licensed Surveyor in regard to the cadastre and the location, level and type of all services and structures.
The data must be in accordance with Council’s – Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks, and fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels.
The data must be submitted in hardcopy form and digital format (Asset Design and As Constructed (ADAC)) in GDA94 Zone 56 coordinate values. Guidelines on the use of ADAC are available at www.adac.com.au.
On Maintenance
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
Certification that all works have been undertaken and completed in accordance with the requirements of this Permit.
As Constructed details in accordance with Council’s Planning Scheme Policy.
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection.
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
A Council inspection reveals works do not comply with approval requirements.
Submitted certification wrongly states works comply with approval requirements.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
General Advisory Notes
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.
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 site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Planning Act must be made, unless the changes are requested within the applicable Appeal Period of this permit. Amended plans clearly indicating the changes must be lodged with this application along with the applicable fees.
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6245 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
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.
A minimum maintenance period of 12 months will apply to all municipal works and thereafter until such time as the works are performing in accordance with the approved design unless noted otherwise
Environmental Advisory Notes
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.
Proprietary Stormwater Quality Treatment Devices
A proprietary stormwater treatment system has been approved on this site on the basis that implementation of a vegetated treatment system is not feasible due to the site constraints. Device efficacy has been accepted based on manufacturer claims. This is an interim position which has been adopted as devices are processed through the Stormwater Australia SQIDEP process. Future developments involving proprietary devices will be expected to verify efficacy claims through the SQIDEP process as well as demonstrating that implementation of vegetated treatment systems is not feasible.
Erosion and Sediment Control
Accepted best practice standards include:
the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2 or other superseding document subsequently adopted by Council;
Best Practice Erosion and Sediment Control, International Erosion Control Association (2008)
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the plan sealing inspection:
Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual; and
Stormwater runoff from the site is not currently, and is not likely to result in visible evidence of sedimentation or erosion, or lead to water contamination.
If at the time of request for plan sealing, the method of short-term stabilisation has not achieved a level of stability that Council's Officers believe will have a high probability of achieving long term stability (i.e. until house construction has occurred on all lots), Council Officers may take the following matters into consideration in determining whether the site is capable of achieving medium to long-term stability:
evidence that the site has been effectively stabilised in the short term;
evidence that soil has been adequately ameliorated;
evidence that seed of annual and perennial grass species has been applied at an adequate rate; and
that grass seed has germinated at a density that is likely to achieve an effective grass cover.
For example, while hydromulch can provide an immediate and effective stabilising cover to soils, the protective cover can be relatively short-lived if vegetation fails to establish before the thin layer of mulch decomposes. So if hydromulch is selected as the method of temporary short term stabilisation, Council Officers will seek to confirm that perennial as well as annual grasses are well established at the time of plan sealing to reduce the risk of instability of the site in the medium to long term. As a general rule, hydromulch will only be accepted as a “patch” fix and should comprise no more than 20% of the exposed site area due to the high risk of failure. Due to the requirement to progressively stabilise exposed areas, it is not envisioned that this will present any difficulties for an appropriately managed and compliant site
Qualified Person Landscaping
Qualified Person, for the purpose of:
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 and establishment.
Certifying acoustic measures and construction is considered to be an acoustic engineer with a minimum of 3 years’ acoustic assessment experience and current RPEQ registration.
COVID-19
This development approval has been issued during the COVID-19 applicable event declared under 275F of the Planning Act 2016.
The period for undertaking the approved development may be subject to a further extension of 6 months under section 275R of the Planning Act.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
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.
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.

Yours faithfully,

Monkeith Kadhum
Development Engineer

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(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 –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(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 appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to 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

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