Council archive · source document
Referral Agency Response - Planning RAP23 0011 · RAP23/0011
Officer: Georgina Schramm
Direct Telephone: 07 5329 6569
Our Reference: RAP23/0011
Your Reference: 230435
22 March 2024
BCA Certifiers Australia Pty Ltd
38/71 Eagle Street
BRISBANE QLD 4000
[email protected]
Dear Sir/Madam,
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 21 December 2023. You are advised that
Council requires conditions to be attached to any development approval. The conditions are
listed below.
1. APPLICATION DETAILS
Application No: RAP23/0011
Street address: 21 Seaview Terrace, Sunshine Beach
Real property description: Lot 806 RP 48111
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 (height, cut/fill, setbacks)
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
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. REFERRAL AGENCY CONDITIONS
PLANNING
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/s below. The plans must be amended to
incorporate the amendments listed within the table below and resubmitted to Council
prior to the issue of any Development Permit for Building Works*
Plan No. Rev. Plan/Document Name Date
- - - -
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
200-01 I Site Plan provided by Applicant 15.11.2023
210-01 I Basement Floor provided by Applicant 15.11.2023
210-02 I Ground Floor provided by Applicant 15.11.2023
210-03 I Level 1 provided by Applicant 15.11.2023
210-04 I Level 2 provided by Applicant 15.11.2023
210-05 I Roof provided by Applicant 15.11.2023
300-01 I Building Elevation – Sheet 1 provided by 15.11.2023
Applicant
300-02 I Building Elevation – Sheet 2 provided by 15.11.2023
Applicant
300-03 I Building Elevation – Sheet 3 provided by 15.11.2023
Applicant
300-04 I Building Elevation – Sheet 4 provided by 15.11.2023
Applicant
400-01 I Building Sections – Sheet 1 provided by 15.11.2023
Applicant
400-02 I Building Sections – Sheet 2 provided by 15.11.2023
Applicant
400-03 I Building Sections – Sheet 3 provided by 15.11.2023
Applicant
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400-04 I Building Sections – Sheet 4 provided by 15.11.2023
Applicant
Amendments The ground level is to be reinstated around the basement, to
ensure no part of the building is more than 1 metre above natural
ground level, apart from the entry door (single), driveway
entrance (double door) and manoeuvring area (curved from the
central front pillar , where shown in Plan 210-01, Rev I, dated
15.11.2023.
Amendments The development’s site cover is to be reduced by 14m2 to not
exceed 40%.
*(Refer to Advisory Note)
Building Height
3. The maximum height of the development must not exceed 8 metres above ground level,
including where excavation is undertaken, the exposed portion of the external façade of
the building is not to exceed 8 metres. A landscape setback is to be provided along the
front forecourt area.
4. The ground level is to be reinstated around the basement, to ensure no part is more
than 1 metre above ground level, apart from the entry, driveway and manoeuvring area,
where shown in Plan 210-01, Rev I, dated 15.11.2023.
5. 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.
Performance Bond
6. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000
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. 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.
Protection of Privacy
7. The upper level balcony located on the upper level must include either balcony planter
boxes, balustrading or fixed external screens, positioned in such a way to obscure direct
views into the habitable room windows or private open space areas of the adjoining
property. Any fixed external screen(s) must not extend more than 50% of the length of
the balcony and is not to exceed 8 metres from natural ground level.
Car Parking
8. A minimum of 2 car parking spaces must be provided on site and made available and
accessible at all times for residents.
Landscaping Works
9. A minimum of 20% of the site must be retained as soft landscaping.
10. 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 the building footprint.
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11. Existing vegetation in the road reserve must be retained, unless written authorisation
from Council is granted for the clearing.
12. 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.
13. All planting areas on the eaves must be planted and maintained at all times, with
replacement planting undertaken promptly where plants fail or do not have a healthy
and vigorous growth.
Stormwater Drainage
14. Stormwater runoff from the development must be disposed of without causing scour or
damage to the subject site or any adjoining property.
Easements
15. Unless otherwise agreed in writing by the relevant service provider, any public or third
party infrastructure located on the subject site must be placed within an easement
registered against the title of the property.
16. All easements must be designed in accordance with the planning scheme and granted
at no cost to the Grantee. Where the Grantee is Council or a service authority, the
easement documentation must be in accordance with the Grantee’s standard easement
terms. Draft easement documentation must be submitted to Council for endorsement.
17. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
18. All works must be carried out in accordance with the recommendations contained in
section 6 of the Report on Geotechnical Investigation prepared by Douglas Partners
dated October 2021.
Earthworks and Retaining Walls
19. All earthworks and associated retaining structures/batters, both above and below
ground, both temporary and permanent, must be contained entirely within the subject
site unless written permission form 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.
20. Where the development involves excavation or filling over, or adjacent to, drainage,
water supply or sewerage infrastructure, all access chamber surface levels must be
adjusted to provide a freeboard of 100mm above the finished ground surface level.
21. 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.
22. Prior to the issue of a Building Permit, the supervising RPEQ must certify that the
earthworks have:
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a. been undertaken in accordance with the conditions of Council’s Referral Agency
Response; and
b. have not caused actionable nuisance to neighbouring properties and structures.
Damage to Services and Assets
23. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. 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.
Construction Management Plan
24. A revised Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. traffic management during all aspects of the construction phase including:
i. a Traffic Management Control Plan in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction
ii. maintenance of safe pedestrian access for the areas affected by the works
during and after daily construction has ceased
iii. proposed fencing to the site during the construction phase of the development
iv. approval of the Traffic Management Control Plan by the Department of
Transport and Main Roads (DTMR) for any works on State controlled roads
v. provision for worker car parking
b. maintenance and protection of water quality and existing drainage lines through
the construction site, through the implementation of appropriate erosion and
sediment control measures
c. works programme identifying key components of the works and their respective
durations
d. 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, services and other relevant issues.
e. Include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details.
f. Include signage in prominent locations on the boundaries of the site advising of
the proposed development, the expected time frames and the site contact details.
g. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
It is acknowledged that the Construction Management Plan will be a draft document
requiring finalisation upon appointment of the Principal Contractor employed to construct
the works and a final document will be required to be submitted at the Pre-Start Meeting
for the project.
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Damage to Services and Assets
25. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. 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.
5. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form
part of the referral agency conditions:
Equitable Access and Facilities
1. 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
2. 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. For further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
Submission of Amended Plans Required
3. The conditions of this Decision Notice require resubmission of plan/s to Council with
amendments. Please address the amended plan/s to Council’s Development
Assessment Branch with the Reference No. RAP23/0011, separate to any application.
Building and Construction Industry (Portable Long Service Leave) Levy
4. 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.
Road Reserve
5. This approval does not include works within Council’s road reserve (including
deliveries, laneway closures, pedestrian detours, etc.). Any activities in Council’s road
reserve associated with the construction/demolition of the dwelling must be undertaken
in accordance with a Road Reserve Permit. Please contact Council to apply for a Road
Reserve Permit.
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6. REFERENCE DOCUMENTS
Plan Rev. Plan/Document Name Date
No.
100 PA Concept Earthworks Layout Plan 9 December 2023
Prepared by JIVY
101 PA Concept Earthworks Sections, Notes and 9 December 2023
Details
Prepared by JIVY
2000 PA Pre Vs. Post Development Catchment 9 December 2023
Assessment Layout
Prepared by JIVY
2001 PA Stormwater Drainage Layout, Notes and 9 December 2023
Details
Prepared by JIVY
- 0 Site-based Stormwater Management Plan 11 December 2023
Prepared by JIVY
7. REASONS FOR REFERRAL AGENCY’S DECISION
The proposal is subject to specific built form parameters outlined in The Noosa Plan.
8. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Subject of the required Development
Development Permit for Building Works All Building Works
Development Permit for Operational Works Earthworks
9. 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,
Georgina Schramm
Development Planner
Enc: Approved Plans/Documents
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