Referral Agency Response - Minor Change - Planning RAP18 0011.01 · RAP18/0011.01

Officer: 	Billy Glover
Direct Telephone: 	07 53296109
Our Reference:	RAP18/0011.01
Your Reference:	20180375
11 April 2019
LSF Marsh Pty Ltd TTE
C/- Pacific BCQ
PO Box 1901
NOOSAVILLE BC  QLD  4566
[email protected]
Dear Sir/Madam
Referral Agency Response – Minor Change
Planning Act 2016
I refer to your application received on 14 November 2018, requesting a minor change to an existing development approval. Council, as a concurrence agency, decided your requested changes. Details are as follows:
application details
Application No.	RAP18/0011.01
Street Address:	37 Witta Cir Noosa Heads Qld 4567
Real Property Description:	Lot 107 SP 145420
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 23 July 2018
Development Permit for Building Works (Detached House)
In relation to the request to make a minor change to the existing approval, Council on 9 April 2019, decided to approve the requested changes. The changes are detailed below:
Approve the change
Amend conditions 2, 3, 9 and 10
Include additional condition 21
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
100.01	1	Site Plan, drawn by Shaun Lockyer Architects Pty Ltd As annotated by Council	28.01.19
200.01	2	Ground Floor, drawn by Shaun Lockyer Architects Pty Ltd	28.01.19
200.02	1	First Floor, drawn by Shaun Lockyer Architects Pty Ltd	28.01.19
200.03	1	Lower Ground, drawn by Shaun Lockyer Architects Pty Ltd	28.01.19
210.01	1	Roof Plan, drawn by Shaun Lockyer Architects Pty Ltd	28.01.19
300.01	1	Northern (Front) Elevation, drawn by Shaun Lockyer Architects Pty Ltd	28.01.19
300.02	1	Eastern (Side) Elevations, drawn by Shaun Lockyer Architects Pty Ltd	28.01.19
300.03	1	Southern (Rear) Elevation, drawn by Shaun Lockyer Architects Pty Ltd	28.01.19
300.04	1	Western (Side) Elevation, drawn by Shaun Lockyer Architects Pty Ltd	28.01.19
310.01	1	Northern (Front) Elevation, drawn by Shaun Lockyer Architects Pty Ltd	28.01.19
310.02	2	Western (Side) Elevation, drawn by Shaun Lockyer Architects Pty Ltd	04.02.19
310.03	1	Southern (Front) Elevation, drawn by Shaun Lockyer Architects Pty Ltd	28.01.19
310.04	2	Eastern (Side) Elevation, drawn by Shaun Lockyer Architects Pty Ltd	28.01.19
400.01	1	Section a - a, drawn by Shaun Lockyer Architects Pty Ltd	28.01.19
400.02	1	Section b - b, drawn by Shaun Lockyer Architects Pty Ltd	28.01.19
400.03	1	Section c - c, drawn by Shaun Lockyer Architects Pty Ltd	28.01.19
400.04	1	Section d - d, drawn by Shaun Lockyer Architects Pty Ltd	28.01.19
Approved Works
This approval relates to the subject lot only. No works are approved on the road reserve, adjoining lots or Noosa Inlet. In this regard, a Jetty/Pontoon is not approved or endorsed by this Referral Agency Response.
Building Height
The maximum height of the development must not exceed 8 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.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $2,000 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.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
The development must establish and maintain a tree adjacent to the south-western side boundary between the bin storage and the garage. The tree must be: a minimum pot size of 100L of a local native species suitable for the area, planted and maintained in accordance with Planning Scheme Policy 3 Landscaping Plants and Guidelines.
Fencing
Boundary fencing must not exceed the height detailed in the approved plans.
The front entry internal wall/fence dividing the entrance pathway and driveway must not exceed the height detailed in the approved plans.
Site Access and Driveways
A sealed access driveway must be provided from Witta Circle to all parking and manoeuvring areas of the development. The works must include in particular a driveway crossover in accordance with Council’s Standard Drawings RS-049 and RS-050.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken generally in accordance with the site specific Stormwater Management Report dated 1 May 2018 prepared by Westera Partners.
Earthworks and Retaining Walls
All earthworks and associated walls and anchors, both above and below ground, 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 earthworks must be carried out in accordance with the recommendations of the Geotechnical Investigation – Project No. 1-20313 prepared by Soils Surveys dated May 2018
Excavation of the site and the construction of the proposed works must not have any adverse impacts on the stability of adjoining buildings and/or structures and/or services and/or lands. In this regard a Registered Professional Engineer Queensland shall supervise the excavation of the site and the construction of the new works to determine whether any additional measures are required to protect the stability of adjoining buildings and/or structures and/or services and/or lands.
The use of vibratory equipment of any kind is not permitted to be used (including vibrating rollers and the use of vibrating installation techniques for sheet piling and other construction vibrations caused by excavating, earthmoving or demolition machinery or other similar construction techniques) unless approved and supervised by a Certified Geotechnical Engineer.  Under such circumstances the operator of such equipment shall at all times comply with the directions of the Geotechnical Engineer and the reasonable and lawful directions of Council officers.
Certification of the completed works must be provided to Council by the supervising engineer. The certification shall state that the completed works conform with all aspects of the design and that the completed works will not have any adverse impacts on the stability of adjoining buildings and/or structures and/or services and/or lands.
Acid Sulfate Soils
All works must be carried out in accordance with the recommendations of the Geotechnical Investigation – Project No. 1-20313 prepared by Soils Surveys dated May 2018
Construction Management Plan
A Construction Management Plan must be submitted to Council for approval prior to the issue of a building permit. The plan must include but not be limited to:
traffic management during all aspects of the construction phase including:
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
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
provision for worker car parking
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, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill/dump sites/sources, the haulage route, type of vehicle to be utilised during operations 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.
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.
Front Entry Internal Wall/Fence Landscaping Strip (Additional condition 9 April 2018)
Landscaping must be provided between the driveway and the entry pathway. Landscaping must comprise of local native species with a minimum mature height of 1 metre.
ADVISORY NOTES:
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 on 07 3247 6212 to discuss any obligations under the ACH Act.
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Detached House Driveways Code. A self-assessable application is required to be submitted to Council for the vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.
*http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
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.
reasons for inclusion of conditions
The proposal is subject to specific built form parameters outlined in The Noosa Plan.
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,

Billy Glover
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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