Judgment - PECA 24.25 - 19.06.2026

      Earthworks and Retaining Walls
58.   The site is contained on the Environmental Management Register. Prior to the issue of any
      Operational Works approval, the applicant must provide a ‘Site Suitability Statement’
      confirming the site is suitable for the proposed use.
59.   All earthworks and associated retaining structures/batters, both above and below ground,
      both temporary and permanent, must be undertaken in accordance with an Operational
      Works approval, be generally in accordance with RECOR’s Bulk Earthworks Layout Plan
      (020, Rev. D) dated 7 February 2025 and Bulk Earthworks Sections Prepared by RECOR
      (021, Rev. D) dated 7 February 2025 and contained entirely within the subject site unless
      written permission from the respective landowner(s) is provided to Council. All earthworks
      must ensure that adjacent properties and associated infrastructure is not disadvantaged by
      additional flows or adverse impacts on the functionality of access driveways and carparks.
60.   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.
      Waste Disposal
61.   Prior to Council issuing a Development Permit for Operational Works, an amended Waste
      Management Plan must be submitted to council for approval that allows for all waste
      collection and servicing to occur on site. The amended Waste Management Plan must be
      prepared by a suitably qualified person who is experienced in waste management and
      includes in particular:
      a.    Onsite collection of refuse/recycling should be done using 1100ltr low noise waste
            containers. Services to be done several times weekly to reduce the actual bin
            numbers on site;
      b.    provision for on-site servicing by a Refuse Collection Vehicle (Dennis Eagle Elite 2
            6x4 with rear lift configuration) - the Refuse Collection Vehicle must be able to enter
            the site from Thomas Street, service the site, and exit on Albert Street;
      c.    compliance with The Noosa Plan 2020 – Waste Management Code and PSP9 Waste
            Management; and
      d.    the Refuse Collection Vehicle (Dennis Eagle Elite 2 6x4 with rear lift configuration)
            must enter via Thomas Street and exit via Albert Street.
62.   The facilities must include an impervious area, within the site, correctly sized for all refuse
      and recycling containers and suitably screened from public places and neighbouring
      properties. A bin wash area is required with a cold-water tap, hose and drain outlet
      connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm
      water entry to the sewerage system. Waste storage and collection areas are to be provided
      generally in accordance with the Approved Plans (as amended). The works must be
      undertaken in accordance with an Operational Works approval.
63.   Refuse containers must be provided in accordance with the requirements of Noosa Shire
      Council Local Law No. 7 (Waste Management) 2015 for the storage and collection of
      refuse.
64.   Storage, disposal and management of solid, liquid and vegetative waste is conducted in a
      safe and ecologically sustainable manner without environmental nuisance. In this regard,
      vegetated waste must be disposed of via a green waste bin or at a local transfer station.
      Services
65.   Unless otherwise stipulated by telecommunications legislation at the time of construction,
      the development must be provided with all necessary conduits, pits and pipes to
      accommodate the future connection of optic fibre technology telecommunications.




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