Changed Approval - 132003.221132.8

Officer:	Denis Wallace
Direct Telephone:	(07) 5449 5179
Fax:	(07) 5475 7277
Our Reference:	DW008:ae:132003.221132
Your Reference:	PR10013103-14 1007 JS.js
19 August 2013

Stockland Lake Doonella Pty Ltd
RPS Australia East Pty Ltd
PO Box 149
WURTULLA  QLD  4575

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval.  On 14 August 2013, Council decided your requested changes.

Details of the decision are as follows:

APPLICATION DETAILS

Application No:	132003.221132.8 (23616 DA)
Street Address:	Sea Eagle Dr NOOSAVILLE  QLD  4566
Real Property Description:	Lot 900 SP 190381, Lot 7 RP 80412, Lot 500 SP 231379 & Lot 800 SP 231386
Planning Scheme:	The Noosa Plan (8 August 2011)

DECISION DETAILS

The following types of approval have been issued:
Development Permit for Material Change of Use of Premises (181 Dwelling houses, Group Housing Development of 43 Dwelling units and Estate Sales Office)
Development Permit to Reconfigure a Lot (185 Residential Lots and 43 Group Title Lots)

In relation to a request to change the development approval (132003.221132.2), Council on 19 February 2007 decided to:
Approve a change to Conditions 35 and 66.

In relation to a request to change the development approval (132003.221132.3), Council on 7 May 2008 decided to:
A.	Approve a change to Condition 66.

In relation to a request to change the development approval (132003.221132.6), Council on 21 June 2010 decided to:
A.	Approve a change to Conditions 81 & 95 and Advisory Note 1.
B.	Include additional Advisory Note 4

In relation to a request to change the development approval (132003.221132.7), Council on 16 August 2010 decided to:
A.	Approve a change to Condition 66.

In relation to the request to make a change to the existing approval, Council on 14 August 2013 decided to:
A.	Approve a change to Conditions 1, 25, 46, 49, 55, 65, 66, 81 and 95
B.	Change Advisory Notes 1 and 4
C.	Include additional Conditions 146 & 147
D.	Amend the list of Further Development Permits Required to include the following: “Development Permit for Operational Works – Revegetation & Rehabilitation”

RELEVANT PERIOD OF APPROVAL

The relevant period for this Development Approval is identified in the Assessment Manager conditions.

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plan is numbered 6812-58K prepared by RPS Australia East Pty Ltd and dated 20 June 2013 and as may be amended by these conditions.
An amended Plan of Development shall be provided to Council within one month of Council’s approval revising:
the ‘Key Development Requirements’ consistent with the approved Plan of Development issued with the Development Approval 22402 DA and conditions of same:
the ‘Key Development Requirements’ to incorporate the specific acoustic measures for allotments 159-171, 174 – 181 as required by condition 4.
The Estate Sales Office shall comply with the following:
Not more than 2 employees are to be engaged in the operation at any one time;
The estate sales office shall not be used between 6:00pm and 8:00am.
The estate sales office shall cease operations within 2 years of the commencement of its use.
Any advertising devices shall be erected upon the allotment which the estate sales office is located, shall not exceed a total display area of 3m2 and not include the use of bunting.
The applicant shall submit a layout of the car parking (four spaces) for the real estate office for Operational works approval.  The car park design shall ensure the retention of vegetation.
Acoustic Measures
Dwelling houses on allotments 159-171, 174 – 181 shall be constructed in accordance with Australian Standard AS2107-2000 and AS3671, to a minimum of Category 2, with the formal external open space area of allotments designed and/or located to reduce road traffic noise.  This may include the use of barriers outside of the Private Open Space Precinct or by location of recreation areas on the ‘quiet’ side of dwellings (ie. the façade that is shielded from road traffic noise from Beckmans Road).
A property note shall be included on the titles of lots 159 -171, 174 -181 noting the architectural acoustic requirements are required for these dwelling houses.
Residential Design Guidelines
All Dwelling houses and Dwelling units shall be designed and constructed to accord with the Residential Design Guidelines prepared by PMM Group and stamped approved.  An amended Residential Design Guidelines shall be provided to Council prior to approval of Operational Works and include the following amendments:-
No dwelling house (including garage/carport) shall be located within 6 metres of the front boundary, unless approval is given otherwise by Council.
All buildings (which does not include swimming pools or other structures that do not present a fire hazard) located on allotments adjoining either private open space or public open space shall be located in accordance with the setback requirements contained in the Fire Management Plan.
The Energy Efficiency criteria shall include the requirement for all dwelling houses to have a solar hot water system.
A provision shall be included requiring all pools constructed to be fitted with a rope to allow for a Koala to exit the pool.
Rainwater harvesting provisions shall be included for Forest Cluster Precinct, including a rainwater tank of 15kL.
Water saving devices shall be included for all dwelling houses with a maximum 9L per minute restrictor on all showers.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
This Development Permit for a material change of use of premises lapses if:-
the use or erection of a building or other structure associated with the use, has not been commenced by 26 February 2009, unless application is made and approved by Council for an extension; or
the use of any premises pursuant to the Development Permit ceases.
The developer must obtain all of the required Development Permits for each Stage referred to in the Decision Notice, prior to obtaining a Development Permit for building works.

Community Management Statement
Group housing development shall be subject to a Community Management Statement (CMS) which shall include provisions making specific reference to this approval and in particular the measures contained in the approval that ensure the protection of the environmental values of the private and public open space areas including stormwater management, native flora, fauna and fauna habitat, and significant trees to the satisfaction of Council.  To this end the CMS will make specific reference to all relevant Management Plans.
Environmental Covenant
An environmental covenant as defined by Part 6, Division 4A of the Land Title Act 1994, shall be registered, in favour of Council, on the title of any property of a Group Housing development over the private open space precinct area.  The environmental covenant shall be for the protection of the site’s environmental values.  Environmental values of the site mean the following environmental values:
the native flora and plant communities on the site and their habitat;
the corridor habitat connections; and
water quality.
Fees Payable
The developer shall pay Council all reasonable costs for the assessment of the management plans and also the costs associated with ensuring the development complies with the requirements of this approval. These costs shall be limited to a maximum of $25,000 including the cost of external consultants should they be required.
The further approvals required to allow development to occur shall be subject to the fees contained in Council’s Fees and Charges Schedule.
Public Open Space Management Plan
The development shall be undertaken in accordance with the Public Open Space Management Plan prepared by Rob Friend & Associates Pty Ltd and dated December 2004 and as may be amended by these conditions.  An amended Public Open Space Management Plan incorporating the required amendments shall be lodged for approval prior to issue of a Development Permit for Operational Works.
The Public Open Space Precinct shall be named Lake Doonella Conservation Reserve.
A ‘Compliance Checklist’ shall be included in its entirety in the Public Open Space Management Plan, as follows:-
Boundary Fence And Access Points
Construction of the fence along the common boundary of the Public Open Space and the residential development as shown on Map 8.  The fence is to be designed to deter the public and adjacent residents from entering the Public Open Space, other than through the approved access points.  The fence is to be fauna-friendly.  Approximately 3,000 m long.
Construction of 4 vehicle-access gates with locks, and the construction of 6 pedestrian-only access points/gates at the locations shown on Map 8.
Maintenance Track/Fire Trail And Access Points
Construction of the maintenance access track/firebreak adjacent to Lots 1 – 17 and 24 as shown on Map 7.
Construction of 2 vehicle-access gates with locks at the locations shown on Map 7.  These gates are to be designed and located to deter all public access.
Pedestrian Pathways And Sewer Mains
Construction of the sewer mains and all connections located within the Public Open Space area.  To comply with Eraland Drawing No. 01691-130B.
Construction of the pedestrian pathway shown on Map 6.  To be a 2.0 m wide concrete path, with 0.5 m wide gravel shoulders, and approximate length of 2,300 m.
Construction of the minor pathway to lake viewing area shown on Map 6.  To be a 1.0 m wide gravel track, approximately 80 m long.
Construction of the minor pathway shown as P1 on Map 6.  To be a 2.0 m wide concrete track with no gravel shoulders, approximately 50 m long.
Rehabilitation of all sections of the sewer main alignment, which are not included in the pedestrian pathway.
 Rehabilitation of all areas of bushland disturbed by the construction of the pedestrian pathways, the sewer main and connections to the sewer main.
No weeds in rehabilitated areas.
All planted stock in rehabilitated areas is healthy and robust.
Lake Viewing Area
Define the boundary of the lake viewing area by logs.
Neighbourhood Park
To be 600 m2 in area.
Provision of:-
1 set of multi-use play equipment,
3 seats,
small grassed areas,
fence along the common boundary of the neighbourhood park and the Public Open Space is child-proof,
bollards along roadside to prevent vehicle access.
Swanbourne Way Connection
The developer will construct a pedestrian/bikeway linkage in the vicinity of proposed Lots 109 - 110 to the northern constructed end of Swanbourne Way in the form of a concrete path and timber bridge 2 metres wide as part of Stage B.  This will necessitate the creation of a wide enough easement or a road reserve over the public open space on the Plan of Survey for Stage A.
Maintenance Track/Fire Trail And Access Points
Provision and erection of the following identification and regulatory signs:-
6 x identification and regulatory signs:  located at each access point onto the pedestrian pathway;
5 x identification and regulatory signs:  located at access points into the Public Open Space near Beckmans Road;
1 x identification and regulatory sign:  located in the neighbourhood park;
1 x identification and regulatory sign:  located at the northern end of the main spine road through the estate;
1 x identification and regulatory sign prohibiting swimming and access to the lake at the lake viewing area;
2 x identification and regulatory signs:  located at the Swanbourne Way access point;
2 x regulatory signs:  located on each gate on the maintenance access track adjacent to Lots 1 – 17 and 24;
2 x direction signs at pathway junctions;
2 x safety warning signs at farm dam.
All signs are vandal-proof and to Council’s specifications.
Bushfire Control
Fire fuel loads do not exceed 10 tonnes/ha in any location in the Public Open Space.
Fuel reduction activities undertaken as specified in the Fire Management Plan.
Erosion Control And Remediation
No active erosion, particularly in gullies.
Rehabilitation of all disused tracks, and along the existing sewer main.
No declared plants or environmental weeds in rehabilitated areas.
All planted stock in rehabilitated areas is healthy and robust.
Weed Control
No declared plants or environmental weeds.
Other
No rubbish or graffiti.
No evidence of vandalism.
All trees in close proximity to the pedestrian pathway and access points certified by an Arborist to be safe.
The following corrections and amendments shall be incorporated into the Public Open Space Management Plan.
Throughout the document:	Delete all references to the Developer being ‘Lensworth Lake Doonella Pty Ltd.  Replace with ‘the Developer’.
Page 7; dot point 6:	Delete and replace with ‘The boundary of viewing area is to be defined by logs’.
Page 16;  Item 5:	The concrete part of the pedestrian pathway is 2 m wide, not 3 m wide.
Page 19;  Item 9:	Delete last sentence and replace with ‘The residual area is to be revegetated with plants indigenous to the site.’
Page 23;  Section 5.4, Item 2 and Page 24;  Section 5.4, Item 6:	Delete ‘local indigenous plant species’ and replace with ‘plant species indigenous to the site’.
Page 24;  Item (iii)	Delete first sentence and replace with ‘Gates and signage are erected at all access points to the pedestrian pathway.’
Page 24;  Desired outcomes:	Add the additional item.
‘(iv)  Two locked gates on maintenance track.’
Page 25;  2(e)	Delete.
Pages 27 – 29:	Amend in accordance with the ‘Compliance Checklist’.
Pages 40, 41 and 42 and Appendix III:	Amend in accordance with the Conditions of Approval for the Fire Management Plan.
Page 56; 3.2.13	Delete the words “where necessary”
Page 58	Incorporate a requirement that Noosa Council to view documentation of consultation with QPWS re: approval/relocation to suitable site.

Appendix IV:	Amend in accordance with Conditions of Approval for the Flora and Fauna Management Plan.
Definition of Ecologist	Include a definition of ecologist requiring a tertiary education person in the field of ecology with at least 3 years field experience.
Prior to the dedication of the Public Open Space area to Council, all works in the Public Open Space Precinct shall have been undertaken by the Developer, to Council’s satisfaction, apart from the requirements of conditions 15.14 & 15.15 - Neighbourhood Park and condition 15.16 - Swanbourne Way Connection, which shall be completed with Stage B.
The Environmental Management Plan
The development shall be undertaken in accordance with the Environmental Management Plan Revision B prepared by PMM Group and dated 22 October 2004 and as may be amended by these conditions.  An amended Environmental Management Plan incorporating the required amendments shall be lodged for approval prior to issue of a Development Permit for Operational Works
The following corrections and amendments shall be incorporated into the Environmental Management Plan:-
The Developer’s corporate Environmental Policy shall be included in the Environmental Management Plan (refer to Condition 58.3 of the Preliminary Approval 22402 DA);
Condition 55 shall be addressed in the Environmental Management Plan;
The Environmental Management Plan shall be amended so that it is consistent with the Fire Management Plan as amended may be amended by these conditions.
The following errors shall be corrected:-
Page 17:	the neighbourhood park is to be constructed in Stage B, not Stage D.
Page 22; 	in the Replace ‘3.5 m’ with ‘3.0 m’Rehabilitation box:
Page 38:	Delete reference to ‘acoustic fencing’.
Throughout the document, delete all references to the Developer being ‘Lensworth Lake Doonella Pty Ltd and replace with ‘the Developer’.
The Fire Management Plan
The development shall be undertaken in accordance with the Fire Management Plan prepared by Rob Friend & Associates Pty Ltd and dated December 2004 and as may be amended by these conditions.  An amended Fire Management Plan incorporating the required amendments shall be lodged for approval prior to issue of a Development Permit for Operational Works
The Fire Management Plan shall be amended and corrected to:
incorporate the following Conditions,
remove all substantial and significant inconsistencies,
fix all significant errors and omissions,  and
ensure consistency with the other management plans and the Decision Notice, dated 5 September 2003.
Fire Protection Zones
The Fire Protection Zones shown in the attached Figure 1 shall be provided and incorporated into the Fire Management Plan and other relevant management plans.
Within all Fire Protection Zones:
individual large trees (200 mm DBH or greater) may be retained but their crowns should not touch the dwelling or vegetation in the adjacent bushland;
all existing understorey shrubs and all vegetation greater than 300 mm in height shall be removed;
mowable ground cover plants not exceeding 300 mm in height such as the grasses, sedges and small herbaceous plants are permitted;
understorey shrubs and trees shall not be planted;
flammable structures and landscaping materials, such as timber fences, timber pergolas, timber decks and timber sleeper walls, are prohibited;
non-flammable structures such as paved areas and swimming pools are permitted.
Maintenance Track in the Public Open Space Area
A 3 m wide maintenance track/fire trail, for the use of Council’s maintenance vehicles and emergency vehicles, is to be provided within the Public Open Space area adjacent to the northern boundary of Lots 1 – 17 and 24.  It will be on the alignment indicated on the plan number 6812-66E by RPS Australia East Pty Ltd dated 5 October 2005, and will be included as an easement or included in the Public Open space.  If included in the open space, the 10 metre fire buffer will be measured from the original Plan of Development Boundaries of the Lots.
Significant trees and groups of trees are to be retained.  The trees and groups of trees to be retained will be determined by Council’s Manager – Environmental Services.  All shrubs and woody understorey plants shall be removed.  Existing grasses, sedges and small herbaceous plants (less than 300 mm in height) will be retained.
Locked gates will be provided at either end of this maintenance track.  This track is not part of the public pedestrian pathway and public access will be prohibited.  Signs prohibiting public access shall be provided at both ends of the maintenance track.
The maintenance track and locked gates shall not be located within 10 m of the scar tree.
Prior to the dedication of the Public Open Space to Council, the developer shall maintain the maintenance track.
Fire Fuel Reduction
Public Open Space post-dedication to Council
After dedication of the Public Open Space to Council, fire fuel loads in each of the four Fire Management Blocks will be assessed annually.  In the Fire Management Blocks where fuel loads exceed 10 tonnes/ha in more than 4 assessment plots, fuel reduction will be undertaken manually using hand tools.  A prescribed burn within a Fire Management Block will only be undertaken if Council’s Manager – Environmental Services deems it necessary to maintain the ecological values of the vegetation.  The applicant will undertake this procedure for a period of three (3) years after the registration of the final stage of the development.
Private Open Space in Conservation Residential Precincts
The fire fuel loads in the Private Open Space areas of the three Conservation Residential Precincts will be assessed annually.  If the fire fuel load in a Private Open Space area exceeds 10 tonnes/ha in more than 3 assessment plots, fuel reduction will be undertaken manually using hand tools.
Prescribed burns will not be permitted, unless the Council’s Manager – Environmental Services agrees, in writing, that a prescribed burn is necessary to maintain the ecological values of the vegetation.  Written applications requesting permission to undertake a prescribed burn must include an ecological justification supported by ecological data.
Undeveloped Stages
Following completion of Stage A, fuel loads in the undeveloped Stages are to be assessed annually.  When fuel loads exceed 10 tonnes per hectare in more than 4 assessment plots, the fuel load is to be reduced by either a low intensity prescribed burn (provided that adequate firebreaks are constructed adjacent to all Public and Private Open Space areas, the school and the Stage A residential areas) or by the physical removal of the fuel load by hand or machine).
Fire Hydrants and Water Points
Fire hydrants shall be provided throughout the development in accordance with the Building Code (BCA) and the requirements of the Q.F.R.S.
Each residential allotment that includes Private Open Space, or abuts Public or Private Open Space shall be provided with a 20 – 25 mm water connection and garden tap, located within 2 m of the Open Space area.  Each tap shall have a permanently attached 20 m long garden hose and hose reel.  The installation and maintenance of these requirements shall be the responsibility of future residents, with the requirements included within the Residential Design Guidelines.
For the Forest Cluster Precinct, 20 – 25 mm water connections and garden taps shall be provided at a maximum spacing of 40 m along its common boundaries with Open Space areas.  Each tap shall have a permanently attached 20 m long garden hose and hose reel.
Other Bushfire Protection Measures
Lots 91 to 94 and 106 to 111 shall be totally cleared of all existing trees, shrubs and woody understorey plants prior to building commencing on these Lots.  Grasses, sedges and small herbaceous plants shall be retained.
The Fire Management Plan for the Development Area shall include the requirement that a Bushfire Information Kit will be provided to all purchasers of allotments on the site.  The Bushfire Information Kit will be submitted to Council with the Survey Plan for Stage A of the development.
Burning of rubbish, cleared vegetation, surplus materials, etc., on the site is prohibited.
Other
Access easements through the Conservation Residential Precincts ‘building envelopes’ to the Private Open Space boundaries are not required.
Flora And Fauna Management Plan
The development shall be undertaken in accordance with the Flora and Fauna Management Plan prepared by James Warren & Associates Pty Ltd and dated December 2004 and as may be amended by these conditions.  An amended flora and Fauna Management Plan incorporating the required amendments shall be lodged for approval prior to issue of a Development Permit for Operational Works
The following corrections and amendments shall be incorporated into the Flora and Fauna Management Plan:
Page 3;  Last paragraph:	Add the following to the end of the paragraph:
‘A suitably qualified and experienced Ecologist or Environmental Scientist will be engaged by the Developer to implement the requirements or the Flora and Fauna Management Plan and monitor the Contractor’s compliance with the Flora and Fauna Management Plan and the Environmental Management Plan.  The Site Ecologist will provide information for the monthly Environmental Compliance Reports for Council.’
Page 6;  Section 3.2.3:	Add the following to the end of the sentence:
…… ‘ , except for the construction of the approved sewer main and pedestrian pathway.’
Page 6;  Section 3.2.4:	Add the following to the end of the sentence:
…… ‘ , except for the construction of the approved sewer main and pedestrian pathway.’
Page 8;  Section 3.3.1:	Delete the first sentence and replace with:
‘Erosion and sediment control works shall be undertaken in accordance with the approved Environmental Management Plan and all other approved Erosion and Sediment control Plans.’
Page 11;  Section 4.2.12:	Add the following to the end of the second sentence:
‘The number, type, sizes and location of the nest boxes shall be determined in consultation with the Council’s Manager – Environmental Services.’
Page 12;  Section 4.2.17:  first paragraph, last sentence:	Replace the last sentence with the following:
‘Bicycles and other wheeled-recreation equipment (eg. scooters, trail bikes, skateboards, etc.) are prohibited on the pedestrian pathway and in the Public and Private Open Space areas.’
Page 15;  Section 4.3.3.5:	Add the following to the end of the second sentence:
‘The number, type, sizes and location of the nest boxes shall be determined in consultation with the Council’s Manager – Environmental Services.’
Page 18;  Section 6.4:	Add the following to the end of the paragraph:
‘The number, size and location of the hollow limbs placed in Public and Private Open Space areas will be determined by the Site Ecologist in consultation with the Council’s Manager – Environmental Services.  These logs should not create a fire hazard.’

Page 20;  Section 8.1:	At the end of the third sentence add the following:
‘This monitoring of the gully vegetation will be co-ordinated with, and take into account the results of, the water cycle analysis (via a mass water balance approach) required by Condition 55.’
Landscape Management Plan
The development shall be undertaken in accordance with the Landscape Management Plan prepared by EDAW Gillespies and dated October 2004 and as may be amended by these conditions.  An amended Landscape Management Plan incorporating the required amendments shall be lodged for approval prior to issue of a Development Permit for Operational Works.
The following corrections and amendments shall be incorporated into the Landscape Management Plan:
Page 4: 	Delete reference to Viewing Platform from the Key to the Site Access Map.
Page 7:	Delete ‘50’ in the seventh box in the key and replace with ‘30’.
Page 17; fourth dot point in the ‘On-going maintenance’ column: 	Delete the current words and replace with the following:
‘. Access to the Private Open space within the Conservation Residential Precinct is restricted to the owners of properties within the Conservation Residential Precinct.  There is no public access.
Access to the Private Open space areas is restricted to pedestrians.  All vehicles, horses, bicycles, trail bikes and motorbikes are prohibited.’
Page 27; last sentence: 	Delete the last sentence and replace with the following:
‘Design and construction details for the fauna friendly fence are to be provided as part of the Operational Works Application for the first stage of the development.  All of the fauna-friendly fence and all of the gates and signage are to be provided during the first stage of development.’
Page 31; Figure showing network of swales and detention basins:  	Correct this figure so that it is consistent with Figure 2-9 in the Stormwater and Water Quality Management Plan by WBM Oceanics.
Page 33; Master Plan: 	Add the pedestrian/bikeway connection to Swanbourne Way.
Pages referring to the Fire Management Plan:  	Correct pages 4, 8, 11, 19, 23, 24, 25, 26, 30 and 33 in accordance with the conditions of approval for the Fire Management Plan.
Sediment and Erosion Control
Detailed staged Sediment and Erosion Control Plans are to be prepared for the site and shall be prepared to the reasonable satisfaction of Council and in accordance with the Institution of Engineers Australia ‘Engineering Guidelines for Queensland Soil and Sediment Control’ (June 1996) and in particular using Checklist No. 3 from that document.  The sediment and erosion control plans shall cover all development on site (during the construction, establishment and operational phases) including rehabilitation and remediation.
The Sediment and Erosion Control Plans will deal with the staging of the development generally in accordance with:
For Stages A, B and D, BMT WBM’s Doonella Noosa Stormwater and WaterQuality Management Plan (Final Report) dated 28/09/05; and
For Stage C, BMT WBM’s Doonella Noosa Stormwater and Water Quality Management Plan (Final Report) dated 28/09/05 and Doonella Noosa Stormwater and Water Quality Management Plan Final Report Addendum dated July 2012.
The Sediment and Erosion Control Plans shall also include the Public Open Space area and shall:
Identify existing erosion problems, and
Specify appropriate remedial treatments.
The residential precincts shall be designed to incorporate, within their boundaries all the necessary sediment and erosion control devices.

Stormwater Management Plan
A Stormwater Management Plan for the site including revegetation and remediation of all water treatment areas including swales and bioretention systems shall be prepared to the reasonable satisfaction of Council.  The Stormwater Management Plan shall be generally in accordance with:
For Stages A, B and D, BMT WBM’s Doonella Noosa Stormwater and Water Quality Management Plan (Final Report) dated 28/09/05; and
For Stage C, BMT WBM’s Doonella Noosa Stormwater and Water Quality Management Plan (Final Report) dated 28/09/05 and Doonella Noosa Stormwater and Water Quality Management Plan Final Report Addendum dated July 2012.
The developer shall comply with the Stormwater Management Plan and the operational stage components of the Stormwater Management Plan shall be referenced in the community management statements for all group housing developments over the site.
Key water quality objectives to be reflected in the Stormwater Management Plan are the protection of aquatic ecosystems in the site gullies, Cranks Creek and the eastern creek and within the receiving waters of Lake Doonella and the Noosa River, as well as primary contact recreational standards within the receiving waters.  Appropriate water quality standards to be adopted are those as specified by Brisbane City Council (in conjunction with the South East Queensland Regional Water Quality Management Strategy).
Stormwater Management - MUSIC modelling; Prior to the completion of the final stormwater management plan and the civil design drawings for operational works, any stormwater management assessments utilising the CRC for catchment hydrology's MUSIC modelling system must be corrected for a possible error in the assessment of bio-retention system efficiencies and performance in removal of nutrients, as recently notified by the CRC.  Empirical calculations such as the Brisbane City Council spreadsheet method shall be use to adjust the MUSIC model and to demonstrate that realistic removal efficiencies are being used.  Alternatively, once a 'patch' is available from the CRC, this corrected version of the software can be used, but, again, cross checking with empirical calculations is required.  The error in the bioretention routine will result in the need for additional water quality treatment measures.  Initial assessments indicate that MUSIC is over predicting removal by as much as twice what should be occurring.’
If these checks indicate that the bioretention devices require enlarging, the applicant shall remove lots, if necessary, from the development in order to accommodate the devices without affecting the public and private open space areas.  If the system requires amending, an amended report is to be submitted to Council for checking.
Monthly reports on monitoring, incidents, corrective action and plan updates are required to be submitted to Council.  These reports are to be submitted in a form acceptable to Council and are to highlight any non-standard results.
Any stormwater outlet to the gullies on the site are to be stabilised with appropriate energy dissipation and local armouring.  Regular monitoring of creek erosion is required with appropriate corrective action specified to ensure a stable creek system.  All work to be undertaken to minimise impacts on the Environmental Values of the creek system.
With the exception of the Dodonaea Basin shown on Stormwater Catchment Plan B09182.W-SK01 Issue B dated 15/04/13 by Brown Consulting (Qld) Pty Ltd, the residential precincts shall be designed to incorporate, within their boundaries, all the necessary stormwater and water quality control devices associated with the development.
The applicant will ensure that all necessary overland flowpaths for Q100 events are provided on site and covered by an easement where they traverse private property.
Water Quality
The Developer is to install water quality control devices generally in accordance with the Stormwater Management Plan.  Detailed staging plans and specifications, based on and generally in accordance with the Plan are to be prepared and submitted (after consultation with officers of the Council) with the relevant applications for operational works.
Drainage
The Developer is to complete the drainage works progressively in conjunction with development of the site and generally in accordance with the approved Stormwater Management Plan.  Detailed drainage plans and specifications, based on and generally in accordance with the approved Drainage Plan, the EMP and these Conditions, are to be prepared and submitted (after consultation with officers of the Council) with the relevant applications for operational works.
All drainage works as required by the Drainage Plan are to be provided by the developer at its own cost.
Water Cycle Management
Following development of the site, the vegetation in the gullies shall be monitored annually by a suitably qualified person (terrestrial ecologist) for three (3) years so as to detect any adverse effect due to rainwater tanks harvesting water that would normally flow into the gullies and sustain the vegetation.  Monitoring of the vegetative conditions of the gullies shall include maintaining summer and winter photographic records at several key locations (at least 3 per gully) in each gully, which will be maintained for the duration of the monitoring period.  The sites chosen for monitoring, shall be representative of the major vegetation species present in the gully, and also of those species which may be prone to changes in the hydrological regime of the gully.  Details of site inspections, including photographic records shall be included in a half yearly report to be maintained by the site’s Body Corporate.  These reports will be forwarded to Council.  If adverse effects are evident, the water harvesting rates by the rainwater tanks shall be modified to overcome or other appropriate contingency measures undertaken to rectify the problems.
Certification
Certification is required from a qualified stormwater engineer/scientist that the submitted civil engineering drawings accurately reflect the stormwater management treatment train in the approved stormwater management plan.  This certification is to be submitted in conjunction with any Operations Works (Civil Works) application.
Certification is required from a qualified stormwater engineer/scientist that the stormwater management treatment train in the approved stormwater management plan and associated design drawings has been installed on site in accordance with the approved stormwater management plan and is functioning as designed.  This certification is to be provided to the Council prior to the endorsement of survey plans, or prior to Council accepting the devices ‘on maintenance’.
All stormwater drainage lines including private drainage lines (also known as inter-allotment drainage lines) or as otherwise approved by Council’s Manager of Land Development shall be inspected by closed circuit television (CCTV) at the completion of all works and immediately prior to acceptance ‘On Maintenance’.
A report of the CCTV inspection, including photographic records (which includes photos & video recordings burnt onto a CD) of the inspection shall be submitted to the Council for approval.  Any defects or substandard works shall be recorded and accurately illustrated on the drainage plan showing the location of the defect(s).
Substandard work will not be accepted ‘On Maintenance’ and must be rectified at the applicants expense with a further CCTV inspection arranged once the rectification works have been completed.
To this extent all CCTV inspections, including any additional inspections necessary following defect identification and rectification, shall be entirely at the applicant’s expense. Any costs incurred by Council in reviewing the CCTV inspection results shall also be borne by the applicant.
Acid Sulphate Soils Management Plan
An Acid Sulfate Soils (ASS) Management Plan must be provided for any excavation works undertaken in areas of the site below 5m AHD.  The Management Plan must outline all proposed ASS investigation and management procedures, which are to be undertaken in accordance with State Planning Policy 2/02 "Planning and Managing Development Involving Acid Sulfate Soils".
Reconfiguration Plans
The Lot Reconfiguration for the residential areas will be in accordance with the following Plans by RPS Australia East Pty Ltd and as may be amended by these conditions:
Proposed Reconfiguration Lake Doonella Ref: 6812-60G dated 20 June 2013 Sheets 1 to 4;
Proposed Reconfiguration Lake Doonella Community Titles Lots Ref: 6812-62 I dated 20 June 2013
Staging
The staging of the Lot Reconfiguration for the residential areas will be in accordance with the Plan titled “Staging Plan” (Sheets 1 & 2) by RPS Australia East Pty Ltd - Reference 6812-61S and dated 20 June 2013.
General
Security in the form of a cash bond or trading bank guarantee to the sum of $400,000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be reduced to $100,000 upon completion of all construction works (except building construction) and the balance returned after the completion of the water quality monitoring and management plan requirements.
Plan Sealing and Easements
For the purpose of these conditions, the following definitions apply: -
A Plan of Survey means the plan for the reconfiguration of a lot required to be endorsed by Council pursuant to S3.7.1 of the Integrated Planning Act 1997.
A registered Professional Civil Engineer means a civil engineer who is registered in Queensland pursuant to the Professional Engineers Act 1988.
Carparking area means a parking area as defined in the Schedule to the Shire of Noosa Planning Scheme inclusive of manoeuvring areas and access from the roadway.
The person acting on this permit means any person or company who undertakes development pursuant to this permit.
AS 2890.1 – 1993 means Australian Standard for Off Street Carparking - AS 2890.1-1993.
Principal Contractor means the person nominated by the Applicant and approved by the Manager - Land Development at a pre-start meeting as being responsible for the major component of works associated with a Development Permit for Operational Works of any works on the site.
Conditions of any Development Permit for a Material Change of Use of premises relevant to each stage of this lot reconfiguration shall be complied with prior to Council endorsement of the Plan of Survey.
The proposed contemporary residential lots shall have a minimum size of 600 m2.
In conjunction with the lodgement of the Plan of Survey for Council endorsement, legal documentation shall be presented to Council and shall be submitted in the correct form with the fees prescribed in Council's adopted fee schedule.
Pursuant to Section 3.7.3(c) of the Integrated Planning Act, all outstanding rates and charges due and payable to Noosa Council in respect of the lots being reconfigured shall be paid prior to endorsement of the Plan of Survey for each stage.
Easements will be required over any publicly owned services that traverse private land in conjunction with the sealing of Survey Plans for each Stage.
Prior to Council endorsement of the Plan of Survey, a duly executed copy of any required Grant of Easement shall be submitted to Council for perusal. Any changes required by Council’s Solicitor shall be attended to prior to endorsing the Plan of Survey. Any necessary Titles Office forms requiring the consent of Council is to be submitted prior to the endorsing of the Plan of Survey.
Prior to the endorsement of the Plan of Survey, the Applicant's Solicitor shall give Council's Solicitor an appropriate undertaking in writing that in conjunction with lodgement of the Plan of Survey at the Land Titles Office, the Title Deed and the easement documents will also be lodged and any additional Titles Office forms or requisitions requiring the consent of Council being attended to forthwith.
All easements required on downstream properties draining the site either by way of underground drainage or overland flowpaths shall be obtained and proof of registration of the easements shall be submitted with the Survey Plan.
A registered easement shall be created over the zone of influence of the existing and proposed sewer mains in the site.  The easements shall generally be parallel to and centred over the sewer main and be equivalent in width to twice the depth to invert level of the sewer at the deepest point within the allotment (measured from the finished surface) and be no less than 3.0 metres wide.
In determining the zone of influence the existing sewer must be located on site by a licensed surveyor and designated, together with the finished surface levels, on any plans accompanying any application for this property.
No building, swimming pool, retaining wall over 1 metre high or any other structure requiring a Building Permit shall be constructed within or encroach over an easement.
No foundations or eaves shall encroach into an easement. Plans detailing any proposed foundations in close proximity to an easement shall be designed by a registered practicing Structural or Geotechnical Engineer and be submitted with the application for a Development Permit for Operational Works.
No fill shall be placed over an easement without written Council approval. Council approval will not be considered for any fill over an easement, which causes the sewer to be more than 3.0m depth.
Any increase in depth to sewer as a result of fill activity shall increase the minimum building setback and width of the required easement accordingly.
Prior to endorsement of the Plan of Survey for each Stage, a State Survey Mark shall be provided within the Stage. It shall be levelled and located to the requirements of the Manager - Land Development.  A ‘Form 6’ shall be submitted for Council's records.
Each State or other permanent survey mark shall be installed clear of overhead vegetation, making it suitable for Global Positioning Equipment, and accurately connected to at least one real property corner by a registered Surveyor.
Contributions
The applicant shall pay to Council a contribution toward the cost of upgrading the intersection of the new road and Beckmans Road (this contribution is $64,075, at December 2002, which will be adjusted by CPI current at the date of payment).  If the intersection at Beckmans Road requires upgrading prior to Council’s planned construction date of these works, the developer shall undertake the necessary works at its own cost instead of making the contribution.
Dedications
The public open space areas, apart from the area adjacent Beckmans Road and wildlife corridor shall be dedicated to the Crown prior to the sealing of the first completed Stage in the Staging Plan of the development.   The public open space area adjacent Beckmans Road and wildlife corridor shall be dedicated to the Crown prior to the sealing of Stage C in the Staging Plan of Development.  The public open space will be in the condition required by the Open Space Management Plan.
Headworks
For the residential component, contributions shall be paid to Council in accordance with Planning Scheme Policies PSP 28 and PSP 30 on Water Supply Headworks Contributions and Sewerage Headworks Contributions respectively at the rates applicable at the time of payment, subject to CPI changes.
An estimate only of the contributions payable for each Stage is as follows:-
Per Staging Plan RPS - Ref 6812-61S AMEND R: 20-06-2013
Stage	Current at CPI	Water	Sewerage	Total
A	December 2004	$  285,909.00	$  258,488.00	$  544,397.00
B1	March 2010	$    73,174.00	$    63,598.00	$  136,772.00
B2 (A + B)	March 2010	$    89,434.00	$    77,731.00	$  167,165.00
B3	June 2013	$    56,901.00	$    49,452.00	$  106,353.00
B4	June 2013	$    56,901.00	$    49,452.00	$  106,353.00
C1	June 2013	$    39,393.00	$    34,236.00	$    73,629.00
C2	June 2013	$    48,147.00	$    41,844.00	$    89,991.00
C3	June 2013	$    48,147.00	$    41,844.00	$    89,991.00
C4	June 2013	$    74,409.00	$    64,668.00	$  139,077.00
C5	June 2013	$    35,016.00	$    30,432.00	$    65,448.00
C6	June 2013	$    43,770.00	$    38,040.00	$    81,810.00
D	December 2004	$    14,856.00	$    17,093.00	$    31,949.00
Contributions shall be paid prior to Council endorsement of the Plan of Survey for each Stage of the reconfiguration.
With regard to Stage D, the future development of the Forest Cluster Precinct will attract further contributions that will be assessed at the time of the future applications.
Roads
All roads shall be constructed generally in accordance with the layout indicated on Plan of Development prepared by PMM, Drawing Number 4740-56b dated 21 June 2004 and the conditions contained in this approval.
The road to the east that will connect to Swanbourne Way ultimately shall have a 20 metre wide road reserve between the entry road and Lot 6 on RP 80412 and can reduce to 16 metre wide road reserve along the eastern frontage of proposed lots 124 and 125.  This road shall have an 11 metre wide pavement (kerb to kerb) for its full length.
All new roads will be required to comply with Council requirements for carriage widths. The road design may not be strictly in accordance with Council’s Engineering Standards but this is because of the required incorporation of swales, vegetation retention and pedestrian/bikeway paths and will be to the satisfaction of Council.
The access to the new school shall be in accordance with the approved drawings in Development Permit 23468 DA.  This roundabout will also service the contemporary parcels on the east of the development.  Council may consider a separate egress point from the school site if Australian Standards requirements for sight distance and a traffic loads analysis indicates that roundabout 4 on Eraland Consulting Pty Ltd Drawing No. 01691-100 dated April 2003 have enough capacity to cater for the increase in traffic generated by this modification.
The developer will also be required to undertake the necessary modifications to the existing school’s access and car parking in accordance with Eraland Consulting Pty Ltd Drawing Nos. 01691-1 Amdt D, 01691-2 Amdt E and 01691-3 Amdt D Dated July 2003.  The developer will have to construct the new road on an alignment that allows the school access to be constructed in accordance with this plan and will also construct the modified car park and access at the existing school.  Discussion is to be held with Queensland Education about programming of construction.
Access to each lot shall be constructed to the standards and requirements of the Council.
The following frontage works shall be constructed across all road frontages within the site:-
Construction of new kerb;
Vehicular access to each lot;
Associated stormwater drainage, generally in accordance with WBM’s Report of 2/10/02 and as subsequently modified in their letter to Council of 14/11/02.;
New stormwater management to correct the current problem of stormwater discharge from the road reserve to the Noosa Primary School;
Hot mix correction to existing pavement as required;
Concrete bikeways/footpaths. The Developer is advised to contact Council to obtain the footpath alignment.
The remaining footpath area shall be formed, topsoiled and turfed, and planted with trees.
A Development Permit for Operational Works shall be obtained prior to undertaking these works.
Alterations to lot sizes, number of lots and layout may be required following the issue of a Development Permit for Operational Works in respect of the internal roadworks design.
The developer will construct industrial strength crossovers to two parcels at the end of the proposed cul-de-sacs to enable the largest service vehicle to do a three point turn and leave the street in a forward direction.  This will be included in an operational works application.
Bikeways/Pedestrian Paths
The developer will construct a path along the Beckmans Road frontage of existing Lot 7. The Beckmans Road and new road bikeways should be constructed generally as indicated on Eppell Olsen & Partners Drawing No 3866-003 Issue A dated October 2002. The bikeway on the Beckmans Road frontage may need to be aligned within the open space area but any alignment would require vegetation retention.
The developer will construct a pedestrian/bikeway linkage in the vicinity of proposed Lots 109 -110 to the northern constructed end of Swanbourne Way in the form of a path and timber bridge 2 metres wide.
Internally (that is the area of the development north of Plan 3866-003) the bikeway network should be as indicated on Plan 6812-39 by PMM Group dated 13/02/03 with the exception of bikes being allowed in the open space area except the Swanbourne Way crossing. The pedestrian paths indicated in the open space on the plan will need to have their alignment and need agreed to in the Open Space Management Plan.
The developer will also construct a bikeway within the site along the road that allows connection to the new road linkage, through the parcel to the east, to Swanbourne Way required by this permit.
The developer will also be required to pay contributions towards the construction of the bikeway link to the Lake Entrance Boulevard Network. The amount of the contribution shall be calculated at the rate current at the date of payment, subject to CPI changes.
	An estimate only of the contributions payable for each Stage is as follows:-
Per Staging Plan RPS - Ref 6812-61S AMEND R: 20-06-2013
Stage	Current at CPI	Bikeway
A	December 2004	$ 21,944.00
B1	March 2010	$   5,338.00
B2 (A + B)	March 2010	$   6,524.00
B3	June 2013	$   4,147.00
B4	June 2013	$   4,147.00
C1	June 2013	$   2,871.00
C2	June 2013	$   3,509.00
C3	June 2013	$   3,509.00
C4	June 2013	$   5,423.00
C5	June 2013	$   2,552.00
C6	June 2013	$   3,190.00
D	December 2004	$   1,247.00
Contributions shall be paid prior to Council endorsement of the Plan of Survey for each Stage of the reconfiguration.
With regard to Stage D, the future development of the Forest Cluster Precinct will attract further contributions that will be assessed at the time of the future applications.
Sewer
The sewer network shall be generally in accordance with the approved ‘Sewerage Reticulation Master Plan’ - Drawing 01691-130B by Eraland Consulting.
Design for a sewerage system to connect all new lots within the site to Council's existing sewerage reticulation system shall be to the standards and requirements set out in Council’s Engineering Design Standards. If the design requires the construction of a pump station and a rising main, the connection point to Council's existing system will be nominated by the Manager - Land Development.
Detailed design drawings and calculations shall be submitted with an application for a Development Permit for Operational Works in respect of water or sewer works. To avoid conflict with other underground pipes or services, all existing and proposed services required by the development shall be shown on the plans.
All connections to sewer system shall be carried out either by Council or by a Council approved Contractor and at no cost to Council. Any connection to a water main shall be undertaken by Council.
Water
The water supply network shall be generally in accordance with the approved ‘Water Supply Master Plan’ - Drawing 01691-140C by Eraland Consulting.
An application for a Development Permit for Operational Works for services shall be obtained prior to commencement of works.
A reticulated water supply system shall be provided to connect to Council’s existing systems, including a metered water connection to the property boundary of each proposed new lot within the site. All fees for the supply of water meters shall be paid to the Council.
Fire hydrants are to be provided throughout the development in accordance with Council and Queensland Fire Service standards.
Provision shall to be made in all parks locations for a water connection and should conform to the recommendations of the Bushfire Management Plans. Under-road service conduits shall be provided to ensure a connection is available.
Power, Telecommunications and Street Lighting
Any alteration of a public utility or other facility necessitated by the development of the land or associated construction works either internal or external to the site shall be at no cost to Council.
All lots are to be connected to underground power and telecommunications.
An underground electricity service shall be provided to each lot if not already provided.
In this regard, an approved ENERGEX Electrical Design Consultant shall work in conjunction with Council’s Manager - Works Support to prepare detailed designs of the electrical proposal.
The detailed deigns shall then be submitted to ENERGEX for approval and a copy of their approval submitted to Council in conjunction with a “Certificate of Electricity Supply for Proposed Subdivisions” (prepared by an approved ENERGEX Electrical Design Consultant) prior to Council endorsing the Plan of Survey.
Any agreement with ENERGEX or an approved ENERGEX Electrical Design Consultant shall be wholly at the applicant’s expense and shall not entail a financial encumbrance on future purchasers of the proposed lots.
Street lighting and pathway lighting throughout the subdivision shall have a high energy efficient rating to the reasonable satisfaction of Council and shall generally be provided in accordance with the principles of Council’s Engineering Design Standards, section 11.3.3.
The requirements for TELECOMMUNICATION services shall be satisfied in relation to the provision of new telephone services to the proposed lots.  In this regard written confirmation from an approved telecommunication agency shall be submitted to the Council prior to Council endorsing the Plan of Survey.
Engineering Works Designs
A suitably qualified Registered Professional Engineer, specialising in hydraulics shall prepare engineering drawings and specifications for stormwater designs and shall be submitted in conjunction with an application for a Development Permit for Operational Works.
All designs for engineering works involving the construction of pavements, kerb and channel, vehicular access, footpaths, turnouts, stormwater drainage, water supply or sewerage reticulation shall be prepared generally in accordance with the requirements of Council's Engineering Design Standards (except where affected by the Water Sensitive Urban Design Principles), shall reference where applicable to Council’s Standard Drawings and shall incorporate best engineering practice.
Prior to Council endorsing a Plan of Survey, a certificate from a registered Professional Civil Engineer shall be submitted to Council for each Development Permit for Operational Works issued pursuant to this permit. The engineer shall certify that he has supervised those works and that they have been completed in a workman like manner in accordance with good engineering practice and in accordance with that permit.
A suitably qualified Registered Professional Engineer shall prepare engineering drawings and specifications for all engineering works, which shall be submitted in conjunction with an application for a Development Permit for Operational Works.  In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with any application for Operational Works.  To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are available at www.adac.com.au ).
As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer for design intent, and a Licensed Surveyor shall certify the cadastre and the location, level and type of all services and structures.  All of which shall be submitted to Council for checking and for Council’s records.
The data must fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels.  The data shall be submitted in the Asset Design and As Constructed (ADAC) digital format.  (Guidelines on the use of ADAC are available at www.adac.com.au).
Approval of works shall not be granted until all As Constructed information has been supplied and accepted by Council.
General
All Class 1, Class 2 and Class 3 pest plants declared under the Land Protection (Pest and Stock Route Management) Act 2002 are to be controlled on the site prior to Council endorsement of the plan of survey. In this context “controlled” shall mean, for class 1 and 2 pests, completely eradicated. For class 3 pests it shall mean removal of the plants where they threaten environmentally significant areas of the site such as riparian zones and areas of natural vegetation.
Where class 3 plants are removed as a result of this condition and there is not sufficient natural regeneration of native species, the areas shall be replanted with endemic native species so that a sustainable natural ecosystem is restored.
Council’s Conservation Management Supervisor will not inspect the site until 30 days after the weed treatment and replanting is complete.
The following steps shall be undertaken prior to commencement of any construction:-
The Principal Contractor shall give Council's Inspector seven (7) days' notice of intention to commence works.
The Principal Contractor or any of his subcontractors shall not undertake any works unless each contractor has public liability insurance in the sum of $10,000,000 and copies of current public liability insurance policies are submitted to Council’s inspector.
The Principal Contractor shall nominate a site representative and give a telephone number that can reach the site representative at any time during a 24-hour day.
The site representative shall arrange to meet on-site with Council's Inspector to obtain Council's requirements for construction of access.
All signage, including that for safety during construction, shall be in accordance with the Manual of Uniform Traffic Control Devices and Department of Transport (Main Roads Division) Roadworks Signing Guide.
Prior to excavating any material to be used for fill on this site, a Development Permit for Operational Works shall have been obtained for the site from which the excavated material is taken. A soil report shall be submitted with the application certifying that the material is free of acid sulphate soils and other deleterious materials.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particulate matter escapes onto a public road. All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
A program of works is to be submitted at the Prestart meeting detailing the construction schedule and proposed environmental protection measures.
Where the program is changed for any reason whatsoever, a copy of the revised program shall be submitted to Council’s Works Inspector within seven (7) days.
For the following classes of work associated with development, a Development Permit for Operational Works must be obtained prior to commencement of works relating to that class of work.  The application may combine any or all of these classes of work:
Site Civil Works;
Roadworks;
Stormwater Drainage;
Frontage works;
Sewer reticulation including new mains, relocations, diversions, pump stations and rising mains;
Water reticulation;
Site Filling;
Excavation of materials to fill another site; and
Landscaping.
Operational works shall be carried out in a manner that prevents:
Pollution of a waterway;
Dust/sand nuisance to residents in the vicinity;
Transfer of dirt and debris onto a public road;
Excessive noise (less than 1.5 Dba above ambient measured at the lot boundaries);
Excessive traffic delays (less than 5 minute delays); and
Diminution of neighbourhood amenity (long term parking of employees vehicles, parking of construction equipment etc.).
A traffic management plan shall be submitted in conjunction with a Development Permit for Operational Works involving road or drainage works. The plan shall address all phases of construction to be undertaken on site.
Where operational works are likely to affect nearby residents and the Noosa Primary School, at least 3 days notice of commencement of work, the name of the site supervisor, and a 24 hour contact telephone number shall be distributed to affected residents.
Earthworks shall be generally contained within existing and proposed road reserves. Where earthworks are required for the provision of services, existing contours shall be restored.
Fill imported to the site may only be from a site licensed with The Environmental Protection Agency or from a site for which a Development Permit for Operational Works has been issued approving the export of fill.
A registered practicing Geotechnical Engineer shall test the existing ground conditions for suitability of placing additional fill, prior to such fill being placed.
Any existing fill or natural materials on the site or with the extent of approved works external to the site which do not satisfy a Geotechnical Engineer's requirements shall be removed and replaced with suitable material.
Fill shall be compacted to 95% relative dry density as per Main Roads Department Test No. Q8A. A registered practicing Geotechnical Engineer shall supervise all the placement of fill and shall certify that all lots have been compacted to the required standard.
Following completion of the filling works and prior to endorsement of the Plan of Survey, the registered practicing Geotechnical Engineer supervising the works shall submit compaction tests across the entire filled areas and a site classification report for each lot subject to filling. The extent of fill and each lot site classification shall be shown on a metes and bounds survey plan.
An appropriate property notation shall be placed on Council's rates records to advise prospective purchasers of lots that have been filled that special foundations requirements will apply.
Stormwater is to be disposed of on site so as to cause no scour or damage to adjoining properties to the reasonable satisfaction of the Manager - Land Development. A Development Permit for Building Works shall not be granted until a Development Permit for Operational Works has been issued in regard to the drainage scheme.
The stormwater discharge from the site shall be designed such that there is no net increase in the rate of discharge as a result of the development for storm events up to 100 year ARI.
Tabulated hydrologic and hydraulic calculations that demonstrate the adequacy or otherwise of the existing site stormwater drainage system shall be submitted in conjunction with a Development Permit for Operational Works. Such calculations shall include any remedial measures necessary to rectify defects in the existing system. Where proposed site drainage is to be connected to the existing system, the calculations shall clearly demonstrate the adequacy of the existing drainage network to accept the additional stormwater flows.
Stormwater drainage shall include measures to protect proposed allotments from run-off from or to surrounding land. The design shall also address controls for gross pollutants, nutrient runoff, oil and grease, and silt and sediment (in accordance with the approved Environmental Management Plan).
Underground stormwater systems shall be designed in accordance with Noosa Council’s Engineering Design Standards, and shall be connected, where possible to Council's existing drainage systems.
An easement of minimum width 4.0 metres shall be granted in favour of Council over any stormwater pipes that traverse private property.
The design plans detailing surface levels, which shall be controlled across the site of the development to create a major storm event overland flow path system to cater for the 1:100 year design storm, shall be submitted in conjunction with a Development Permit for Operational Works. Any overland flow from external catchments shall be accepted and incorporated in the major event surface flow drainage system through the site. Overland flows shall be discharged in a safe manner and the product of velocity time depth shall not exceed 0.4 m²/sec.
The design plans are to show how stormwater runoff within and from the site is to be controlled both during construction and permanently. The plans are to indicate measures to be taken to prevent erosion and the export of sediment from the site in accordance with the approved Environmental Management Plan.
An easement for drainage in favour of Council shall be created over the full length and width of major storm event surface flow paths within the site at no cost to Council.
A minimum floor level freeboard of 0.5m shall be provided for habitable and storage areas above the top water level of the stormwater overland flows.
Details of any proposed estate entrance signage shall be submitted in conjunction with an application for a Development Permit for Operational Works for either roadworks or landscaping. A $1500 fee shall accompany the application.
The design shall conform to Council's "Signage Policy - Development Estate Entrance".
The proposed names of new roads (public and private) and parks shall be lodged with the application for a Development Permit for Operational Works.
Names are to be selected from any of the following categories:-
Easily pronounced words of Murri languages.
Names or words of local significance or historical interest.
Flora, fauna, industry, topographical, geological and similar features and terms relative to the district.
Surnames of persons of merit or historical significance.  (Personal names should be avoided.)
Approval will not be given to a name that is the same or similar to the name of another road in the Shire, or of a road in close proximity in a neighbouring Shire.  Names that are not easily pronounced, or may cause confusion to emergency services are to be avoided.
All street signs on new roads (public and private) and parks shall be erected prior to works being accepted on maintenance.
The person acting on this permit shall apply and obtain for all other necessary permits including crane permits, road opening permits, hoarding permits, footpath occupation permits and/or any other approvals required under any other Act.
Prior to commencement of work relating to a Development Permit for Operational Works, the Applicant shall sign a written undertaking to be responsible for the full cost of repairs to road pavement, footpath, kerb and gutter, or other Council property damaged as a result of construction of the proposed development.
If any person acting under this permit damages any Council property or facilities (such as underground drainage, water supply and sewerage) , through any cause whatsoever in the course of, directly or indirectly carrying out development, that person shall forthwith notify the Manager - Land Development and shall forthwith rectify that damage at its cost and to the satisfaction of the Manager - Land Development.  Alternatively, the Applicant may request the Council to carry out the rectification works.
Any damage to a water main shall be rectified by Council. Any damage to a sewer main shall be undertaken by either Council or a Council approved contractor.
In all cases, Council reserves the right to carry out rectification works in an emergency and where no reasonable attempt has been made to complete the rectification works as part of the development.
All costs incurred by Council in any rectification works shall be repaid to Council prior to the endorsement of the Plan of Survey.

ADDITIONAL CONDITIONS – 14 August 2013

146.	The design of Dodonaea Close shall allow for fauna passage via an appropriate underpass where the road crosses the environmental corridor.  The fauna passage design is to be included with the operational works application for Dodonaea Close modelled on potential fauna specie usage post construction.

147.	A Revegetation Management Plan shall be submitted with the application for operational works for Stage C6 detailing rehabilitation works to address the changed hydrological regimes associated with the Dodonaea Close Detention Basin and shall include the following:
detail of proposed extent of vegetation removal to accommodate Dodonaea Close within the Environmental corridor.
detail of proposed infrastructure, including all batters and scour protection extents associated with the Dodonaea Close Detention Basin, based on current civil drawings.
detail of rehabilitation of all disturbed areas within the environmental corridor
detail of plant species proposed for periodic wet areas within the environmental corridor
detail of entrance and exit treatment for the fauna underpass(es)
an arborist assessment of all trees within the environmental corridor with potential to cause damage to adjacent lots and recommendations for tree removal or mitigation measures

REFERRAL AGENCY CONDITIONS

Not Applicable

APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the development approval conditions.

ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of approval:
Approval of this development application will trigger an Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan. An estimate only of the amounts payable for each Stage is as follows:-
Per Staging Plan RPS - Ref 6812-61S AMEND R: 20-06-2013
Stage	Current at CPI	ICP Road
A	December 2004	$ 195,132.00
B1	March 2010	$    54,644.00
B2 (A + B)	March 2010	$    66,787.00
B3	June 2013	$    42,497.00
B4	June 2013	$    42,497.00
C1	June 2013	$    29,421.00
C2	June 2013	$    35,959.00
C3	June 2013	$    35,959.00
C4	June 2013	$    55,573.00
C5	June 2013	$    26,152.00
C6	June 2013	$     32,690.00
D	December 2004	$     12,765.00

These amounts will be subject to variations in the Consumer Price Index, All Groups Brisbane until the date of payment. Infrastructure Charge Notices will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997 and will require payment of the charges prior to the endorsement of the Plan of Survey for each Stage.

With regard to Stage D, the future development of the Forest Cluster Precinct will attract further Infrastructure charges that will be assessed at the time of the future applications.

Payment via credit card transaction will not be an acceptable method of payment for development contributions conditioned in this permit or for infrastructure charge notices issued separately.
Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of operational works exceeds $80,000, then a portable long service levy is required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational works must be submitted to Council with the lodgement of any application for operational works over the site.
Additional Advisory Note – 21 June 2010 amended 14 August 2013
The applicant is advised that development contributions and infrastructure charges applicable to this development approval have been based on the following Uses Class/ Uses and applicable quantities:-
Existing Development	Approved Development
Per Staging Plan RPS - Ref 6812-61S
AMEND R: 20-06-2013
Existing Use Class / Use	Existing Quantity	Approved Use Class / Use	Approved Quantity
Detached House	1 x vacant lot	Detached House	Stage A   =  88 house lots

Stage B1 = 18 house lots

Stage B2
(A) = 16 house lots +
(B) = 6 group house lots

Stage B3 = 13 house lots

Stage B4 = 13 house lots

Stage C1 =  9 house lots

Stage C2 = 11 house lots

Stage C3 = 11 house lots

Stage C4 = 17 house lots

Stage C5 =  8 house lots

Stage C6 = 10 house lots

Stage D   =  5 house lots
With regard to Stage D, the future development of the Forest Cluster Precinct will attract further Infrastructure contributions & charges that will be assessed at the time of the future applications.
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 Co-ordination Unit on 07 3238 3838 to discuss any obligations under the ACH Act.
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 One) Part D3 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 both of the following may impact on the proposed building work:
The Disability Discrimination Act 1992 (Commonwealth)
The Anti-Discrimination Act 1991 (Queensland)
The Disability (Access to Premises – Buildings) Standards

PROPERTY NOTES

Not Applicable

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable

FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Material Change of Use - Dwelling Houses and Dwelling Units
Development Permit for Building Works - Dwelling Houses, Dwelling Units and Estate Sales Office
Development Permit for Operational Works - Landscaping, car parking and access, frontage works, stormwater disposal, sediment and erosion controls, filling of the site
Development Permit for Operational Works - Revegetation & Rehabilitation

SELF ASSESSABLE CODES

Not Applicable

SUBMISSIONS

Not Applicable

REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable

RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.

OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.sunshinecoast.qld.gov.au, or at Council offices.

Decision Notice History
24 February 2005	Original Decision Notice.
19 February 2007 -	Change to Existing Approval with amendments to Conditions 35 & 66.
7 May 2008	Change to Existing Approval with amendments to Condition 66.
21 June 2010	Change to Existing Approval with amendments to Conditions 81, 95 & Advisory Note 1 and addition of Advisory Note 4.
16 August 2010	Change to Existing Approval with amendment to Condition 66
14 August 2013	Change to Existing Approval with amendment to Conditions 1, 25, 46, 49, 55, 65, 66, 81 & 95, Advisory Notes 1 & 4, addition of Conditions 146 & 147 and further requirement for Development Permit for Operational Works – Revegetation & Rehabilitation)

Yours faithfully

Denis Wallace
Senior Development Planner

Encl. 	Infrastructure Charge Notices (8)
Approved Plans/Documents
Appeal Rights

Cc	Unitywater

	 Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

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