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SUPERSEDED - Minor Change Existing Approval 132007 2399 02 · 132007.2399.02
Officer: Jada Lyons
Direct Telephone: 07 53296527
Our Reference: 132007.2399.02
Your Reference: n/a
19 October 2023
Mr GE Maddock
PO Box 1982
NOOSA HEADS QLD 4567
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 1 September 2023, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132007.2399.02
Street address: The Oasis-Noosa Springs 35 Oasis Dr Noosa Heads QLD 4567
The Oasis-Noosa Springs 25 Links Dr NOOSA HEADS QLD 4567
Real property description: Lot 17 SP 221525, Lot 0 SP 221525
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 23 October 2008,
• Development Permit for Material Change of Use - 27 Dwelling Houses.
• Development Permit for Reconfiguring a Lot – Lot Reconfiguration.
In relation to the request to make a minor change to the existing approval, Council on
10 October 2023, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Include additional condition 83
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
Land Use
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered:
Plan / Document Rev. Plan / Document Name Date
No.
M1806-10 Proposal Plan – Stage 1 – Jones Flint & Pike 30 October 2007
Pty Ltd
M1806-11A A Proposal Plan – Stage 2 – Jones Flint & Pike 7 November 2007
Pty Ltd
447 - SK03 Proposed Building Setbacks From January 2009
Boundaries – Allan Starkey & Associates
and as may be amended by these conditions.
General
2. 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.
3. The Detached Houses shall comply with the Detached House Code contained in The Noosa
Plan, with the exception of the requirement for eaves overhangs (roof form) and building
setbacks (refer to approved plan 447 - SK03 Proposed Building Setbacks From Boundaries
– Allan Starkey & Associates dated January 2009).
4. The proposed development shall have all kitchen, laundry and bathroom fittings that comply
with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water
Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and
Drainage Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating
System, or current equivalent standards as may apply. All tap ware and shower roses shall
not exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are
excluded from this requirement.
Landscaping & Existing Vegetation
5. The open space and setback areas are to be landscaped in accordance with Council’s Policy
on Landscaping Guidelines, the approved Noosa Springs Landscape Design Report and a
properly prepared landscape plan prepared by a suitably qualified Landscape Architect or
Horticulturalist. The landscaping shall include:
• Street trees and landscaping treatment within the common property and easement
areas of the development.
• Screening vegetation along the line of play of the golf course designed to protect the
allotments and detached houses from stray golf balls. The vegetation shall consist of
native endemic trees and shrubs at densities sufficient to provide a physical screen
when mature; and
• Koala and glossy back cockatoo feed trees shall be incorporated into the plantings;
The landscaping is to be completed in accordance with the approved landscaping plan
prior to endorsement of the Plan of Survey for Stage 2.
6. Existing trees on the site and within road reserves are to be retained, except where required
to be removed due to building operations or the conduct of the approved use. These
landscape plans required to be submitted are to denote areas of existing vegetation or
existing trees proposed or required to be retained.
7. All other vegetation shall be protected from interference resulting from clearing or
construction activities by:
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• Clearly marking vegetation to be retained with flagging tape;
• Installing protective fencing around the drip line of the vegetation;
• Stockpiling, storage and vehicle parking occurs in already cleared areas that does not
cause interference with vegetation; and
• Low impact construction techniques are used around vegetation to minimise
interference with the vegetation.
8. A fauna spotter shall be employed to oversee the removal of any native trees within the site.
9. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:-
• Processing through a woodchipper or shredder. The resulting mulch is to be
stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres high
with a minimum of 10 metres between edges of heaps.
• Disposal for firewood.
• Disposal for landscaping purposes.
• Transport to alternative site for breaking down materials provided that all necessary
permits have been obtained to allow the alternate site to be used for this purpose.
• The disposal method for clearing vegetation is to be submitted in conjunction with an
application for a Development Permit for Operational Work. The Applicant is advised
that other methods may be considered provided full details of the method are
submitted.
• The Applicant is advised that burning off is an unacceptable method of disposal.
Compliance Bond
10. Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 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
returned on performance of the conditions of approval less any costs incurred by Council in
respect of enforcing performance of this permit.
11. 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.
Currency Period
12. The Development Permit for a Material Change of Use and Reconfiguring a Lot lapses if the
use has not commenced by 3 March 2013, unless an application to extend the currency is
approved by Council.
Land Development
Staging
13. The development may be undertaken in the following stages:
• Stage 1 - Lots 8 & 9 as indicated on Proposal Plan M1806-10 dated 30 October 2007;
and
• Stage 2 - Lots 1 to 27, Access Easement and Common Property as indicated on
Proposal Plan M1806-11A dated 7 November 2007.
Plan Endorsement
14. 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.
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15. Pursuant to Section 3.7.3(3)(b) 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.
16. Prior to Council endorsement of the Plan of Survey for each Stage, 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.
17. Prior to the endorsement of the Plan of Survey for each Stage, 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.
18. 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.
19. Prior to Council endorsing the Plan of Survey for Stage 2, 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 Development Permit for Operational Works covering landscaping must be obtained prior
to the commencement of any landscaping works.
20. 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.
Access Easement
21. An access easement shall be created over all of the proposed private roads/driveways within
the Precinct J. The proposed access easement in favour of Council for maintenance of the
sewer system shall be over the common property area shown on Proposal Plan M1806-11A
dated 7 November 2007.
The easement shall be in favour of Council and shall ensure that Council has access over
these roads to enable maintenance of the sewer network. In this regard, plans submitted for
Operational Works approval shall accurately show the location of the easement. In addition
to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in
writing that the Title Deed and the easement documents will be lodged at the Land Titles
Office and any additional Titles Office forms or requisitions requiring the consent of Council
will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the
use commencing. Any changes required by Council’s Solicitor must be corrected
immediately.
22. The easement shall be in favour of Council and shall ensure that Council has access over
these roads to enable maintenance of the sewer network. In this regard, plans submitted for
Operational Works approval shall accurately show the location of the easement. In addition
to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in
writing that the Title Deed and the easement documents will be lodged at the Land Titles
Office and any additional Titles Office forms or requisitions requiring the consent of Council
will be attended to promptly.
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A duly executed copy of the easement shall be submitted to Council for perusal prior to the
use commencing. Any changes required by Council’s Solicitor must be corrected
immediately.
Internal (Private) Roads
23. Prior to endorsement of the Plan of Survey for Stage 2, a private road shall be constructed
within the proposed common property area generally as shown on Drawing C1732/07/J/P15
by TATE Professional Engineers dated February 2009 except as modified herein. The private
road shall be designed and constructed:
23.1. From Links Drive to the gated Access with a minimum width of 6.0m in accordance
with the access road requirements of Planning Scheme Policy 5; and
23.2. From the Gated Access to Lots 1 –27 as follows:
23.2.1. With a minimum width of 6.0 metres from the Gated Access to the southern
boundary of Lot 27; and
23.2.2. With a minimum width of 3.5 metres along the frontages of Lots 1-27 and
widened where necessary to permit access and suitable manoeuvring area for
Council’s Refuse/Recycling vehicles in accordance with Council’s Planning
Scheme Policy 9 – Waste Management; and
23.2.3. Include sightlines and passing bays as specified in Australian and New Zealand
Standard AS/NZS 2890.1 Off Street Parking facilities; and
23.2.4. Include the provision of drainage infrastructure designed in accordance with the
Noosa Plan and certified by a RPEQ and approved by Council. In this respect,
the indicative cross sections shown on Drawing C1732/07/J/P15 by TATE
Professional Engineers dated February 2009 do not form part of this approval;
and
23.2.5. Include a surface seal approved by Council.
24. To ensure pedestrian safety between vehicles utilising the private road and pedestrians on
the footpath, the private road and any associated fencing or vegetation near the private road
shall comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4
and/or Austroads whichever is the greater. The applicant shall demonstrate compliance by
illustrating these sight lines on the plans submitted for Operational Works approval.
25. The applicant will construct a pedestrian refuge for users of the Links Drive pathway on the
access road to the site within Council’s road reserve.
External Roadworks
26. The existing roundabout on Links Drive at the entrance to the site shall be modified by the
applicant to accommodate Council’s largest refuse collection vehicle should the current
design be insufficient to allow the right turn into the development. If required the applicant
shall dedicate the necessary road reserve to accommodate the redesigned roundabout. All
associated and ancillary work including pavement correction to the existing pavement,
drainage works, modification of the footpath, and adjustments to the existing infrastructure
shall be undertaken to complete the roadworks widening.
Frontage Works
27. If any necessary footpath improvements such as topsoiling, grassing, and tree planting are
required to the Links Drive frontage of the site as a result of roadworks and to achieve
required sightlines, those works shall be in accordance with Planning Scheme Policy PSP03
Landscaping Plants & Guidelines.
28. A new 1.5 m wide concrete path shall be constructed along one side all of the road from
Links Drive to Lot 27on the site in accordance with Council’s design standards and shall
connect to the existing pathway on Links Drive.
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29. Pram ramps shall be installed on the Links Drive pathway at the location of the pedestrian
refuge that is to be constructed on the leg of the roundabout servicing the proposed
development.
30. All paths, pram ramps, driveways and parking areas shall be designed and constructed to
ensure pedestrian safety using non-slip materials, to produce an evenly graded surface
finish, and to be in accordance with the Disability Discrimination Act 1992 and Australian
Standard 1428.1 Design for Access & Mobility.
31. All redundant vehicular crossings to the site shall be removed and replaced by kerb &
channel, footpath paving and landscaping such as trees and grasses in accordance with
Council’s Standard specifications prior to commencement of the use permitted by this permit.
Car Parking
32. Carparking shall be provided within the site as shown on Plan M1806-11A dated 7 November
2007 as submitted by Jones Flint & Pike except as modified herein for at least 14 spaces.
The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for
user class 1. The minimum head clearance (headroom) at any point shall be 2.3m.
33. The carparking area shall be drained and the pavement constructed to access road
standards. Plans and specifications for these works shall be submitted in conjunction with
an application for a Development Permit for Operational Works.
34. All carparking shall be kept maintained and line-marked in a condition fit for use, or delineated
in another approved manner, to the reasonable satisfaction of Council.
Power
35. An underground electricity service shall be provided to each lot.
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 designs 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.
36. 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.
Telecommunication
37. The requirements for TELECOMMUNICATION services shall be satisfied in relation to the
provision of new underground 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.
Roof Water
38. Roof runoff from any new dwelling/building shall be directed to a rainwater storage system
or tank that is installed to ensure water from the rainwater storage system or tank is used for
external uses (such as watering gardens, irrigation, ornamental ponds, water features,
topping-up swimming pools, outdoor cleaning, etc) and for internal (ground floor) use in
washing machine cold taps and toilet cisterns. All rainwater tanks are to be designed and
installed in accordance with the Queensland Development Code (QDC) current at the time
of building approval, and shall be part of the plumbing application for approval. The location
and capacity of the tanks shall be clearly shown on the plans submitted for Building Works
approval and any overflow shall be directed to the stormwater drainage system.
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Stormwater Management
39. A Stormwater Management Plan (SMP) for the construction and operational phase of the
development shall be submitted in conjunction with any application for a Development Permit
for Operational Works that demonstrates that the proposed stormwater treatment train can
meet the water quality objectives for the Noosa Springs development and that the lakes have
the capacity to treat the runoff from this additional development. Experts in the relevant field
shall prepare the SMP.
40. The Applicant shall be responsible to oversee that the Council approved SMP is
implemented. The Applicant shall engage a suitably qualified and experienced environmental
engineer with RPEQ accreditation to recommend corrective actions in the event of any
breach of the SMP that is likely to result in a public health risk, environmental harm and/ or
non- compliance with the objectives of the SMP. The Applicant shall implement all corrective
actions recommended by the environmental engineer/environmental scientist, unless
directed otherwise by Council.
41. All stormwater drainage shall be designed in accordance with the provisions of the Australian
Rainfall and Runoff (A.R.R.), and Noosa Council Standards. Pipe and channel drainage
systems shall be designed to cater for Five (5) year Average Recurrence Interval design
storm (ARI.). In all cases the major event surface flow paths shall be designed to cater for
the one hundred (100) year ARI.
42. As the site is proposed to be filled, appropriate stormwater drainage pipes shall be installed
within the site to collect and discharge stormwater runoff from all adjoining properties to
prevent additional ponding/flooding on these properties.
43. To ensure that polluted run-off does not enter Council’s stormwater drainage system,
stormwater run-off from the carparking areas and the private roads/driveways shall have the
first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor/gross
pollutant trap provided on site prior to being permitted to discharge into the lakes.
All other clean stormwater, such as roof water, can be collected on site and discharged
through a single underground drain line directly onto the golf course, bypassing the grease/oil
arrestor/gross pollutant trap.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil
arrestors/gross pollutant trap, which shall be submitted to the Council for approval prior to
obtaining a Development Permit for Operational Works.
The approved maintenance plan shall be incorporated in the Community Management
Scheme for the development and a copy of this shall be provided for Council’s records prior
to commencement of the approved Use.
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.
44. All site stormwater drainage shall be by means of a gravity system.
45. All stormwater drainage lines including inter-allotment drainage shall be inspected by closed
circuit television (CCTV) prior to commencement of the approved Use.
CCTV inspection will be carried out by Council's CCTV contractor and arranged by Council
following satisfactory completion of construction works. The developer will be responsible
for the full cost of CCTV inspection, including any additional inspection necessary following
defect identification and rectification. This charge is payable prior to the issue of Operational
Works approval and will be determined on the unit rate basis current at the time of approval.
Sewer Mains
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46. Prior to endorsement of the Plan of Survey for Stage 1, the new parcel shall be connected
to Council’s existing sewerage reticulation systems and be constructed in accordance with
Council’s standards and requirements at no cost to Council. This work may be covered by
an uncompleted works bond at 150% of the value of the connection that can be in place for
a duration agreed to by the Manager Land Development.
47. Prior to endorsement of the Plan of Survey for Stage 2, the existing sewer main, rising main
and effluent main that traverse the site shall be relocated generally in accordance with Tate
Professional Engineers drawing No. C1732/07/J/P04 dated 19/11/07.
48. Prior to endorsement of the Plan of Survey for Stage 2, if required the applicant shall upgrade
any existing sewer services (including pumps or pump station) at no cost to Council.
49. To ensure Council’s sewer main is accessible for maintenance purposes and is protected
from risk of damage no structures requiring a building permit (eg. buildings, swimming pools,
retaining walls exceeding 1m in height, raised terraces, etc) shall be constructed within this
‘zone of influence’ or within 1.5m of the centreline of the sewer main, whichever is the greater.
As such the applicant shall amend Operational Works plans including Building plans to
ensure compliance.
50. 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.
51. All connections to sewer system shall be carried out either by Council or by a Council
approved Contractor and at no cost to Council.
Town Water Supply
52. The site shall be connected to Council’s existing town water supply and be constructed in
accordance with Council’s standards and requirements at no cost to Council.
53. Prior to endorsement of the Plan of Survey for Stage 1, the newly created parcel shall have
a single water connection to the water reticulation system, which shall extend to the property
boundary and be metered. This work may be covered by an uncompleted works bond at
150% of the value of the connection that can be in place for a duration agreed to by the
Manager Land Development.
54. Prior to endorsement of the Plan of Survey for Stage 2. the development shall be served by:
• A single Body Corporate water meter to measure the total water consumption
(including fire hose reels, but excluding fire hydrants and fire sprinkler systems), and
• Individual water meters to each tenement capable of being separately rated, and
• A fire service (fully testable single detector check with metered bypass), where
applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire hose
reels).
55. All fees for the supply of water meters shall be paid to the Council.
56. All water meters must be located outside the property boundary and in an easily assessable
location to facilitate unhindered reading by Council and/or Council’s contracted water meter
readers, and not behind fences or locked gates. In this regard approval of the water meter
configuration and location must be obtained from Council’s Water & Sewerage Capital Works
Manager prior to lodgement and approval of hydraulic drawings.
57. Fire hydrants are to be provided throughout the development in accordance with Council
Engineering Design Standards and in accordance with Queensland Fire Service Standards.
58. Any connection to a water main shall be undertaken by Council.
Service Easements (Sewer / Stormwater)
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59. A registered easement shall be created over the zone of influence of all sewers within the
subject site and over those parts of the subject site that are impacted upon by sewers on any
adjoining sites. 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 3.0m
wide overall. In this regard a licensed surveyor shall accurately locate all sewer mains and
determine the necessary width of the easement, which shall be shown on any plans
submitted for Operational Works / Building Works approval. To this extent the surveyor shall
certify that the sewer and the zone of influence is wholly contained within the easement to
be created.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate
undertaking in writing that the Title Deed and the easement documents will be lodged at the
Land Titles Office and any additional Titles Office forms or requisitions requiring the consent
of Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the
use commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
60. A registered easement shall be created over any stormwater drainage discharge points from
the proposed Stages 1 or 2 to enable that Stage to discharge stormwater onto the golf course
parcel. Easements shall also be created if required to allow Council’s road reserve and the
golf course to discharge onto Stage 1 or 2.
61. Registered easements are to be provided on the Plan of Survey over all sewerage mains
within private property. Easements are to be equivalent in width to twice the depth to invert
level of the sewer at the deepest point within the allotment. Easements are to be provided
parallel to and centred over the sewer line, with a minimum width of 3.0 metres.
62. No building or other structure shall be constructed or encroach over an easement.
63. Any building or structure within proximity of an easement or any other public utility’s
underground services must have its foundations designed so that no surcharge loads are
imposed upon such underground infrastructure. Foundations must be taken down a
minimum of 1.0m below a line of influence measured 1.0m in the direction of the foundation
from the centreline of the closest underground service and along the natural angle of repose
of the foundation soil type(s).
Plans, and supportive documents, detailing these proposed foundations shall be designed
by a registered practicing Geotechnical Engineer and submitted with the application for a
Development Permit for Operational Works.
Earthworks
64. A registered practicing Geotechnical Engineer shall test the existing ground conditions for
suitability of placing additional fill, prior to such fill being placed.
Filling works shall be restricted to the subject site itself, and the finished fill levels are to taper
to the level of the adjoining property prior to the rear boundary of the property. Batters shall
be at a maximum grade of 1:4 unless retained by a wall.
Any existing fill or natural materials on the site or with the extent of approved works external
to the site which do not satisfy the Manager - Land Development's or a Geotechnical
Engineer's requirements shall be removed and replaced with suitable material.
65. Following completion of the filling works and prior to endorsement of the Plan of Survey for
Stage 2, 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.
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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.
Acid Sulfate Soils
66. As the site is located below the 5m AHD, any excavation works consisting of 100m3 or greater
and/or any filling works consisting of 500m3 or greater and with an average depth of 0.5m or
greater will need to be carried out in accordance with State Planning Policy 2/02 Planning
and Managing Development Involving Acid Sulfate Soils. In this regard appropriate testing
and supporting documentation prepared by a suitably qualified specialist shall be submitted
to Council for approval prior to obtaining a Development Permit for Operational Works.
67. As the subject site is likely to contain Acid Sulfate Soils, Council wishes to make the applicant
aware of their obligations in terms of good environmental practice, which requires that Acid
Sulfate Soils:-
• should not be removed from the site,
• should not be disturbed, if possible, and
• should be treated and neutralized on site where required.
In the event that Acid Sulfate Soils are removed from site and forwarded for disposal at one
of Council’s landfill sites, Council may:-
• refuse to accept such soil, or
• treat and neutralize the soil and charge such costs for soil testing and remediation to
the applicant and or developer of the site.
Site Stability
68. A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site,
determine the soil classification, establish whether any measures are required to protect the
stability of adjoining buildings and/or structures and/or land, and make recommendations on
the type of foundation system(s) best suited for the proposed development. The
recommendations of this report shall be incorporated into the design and construction of the
proposed development.
Erosion and Sediment Control
69. Any person acting on this permit shall prevent erosion and sediment export from leaving the
site. Site control measures such as silt fencing, controlled gravel access to the site and
controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required
to be submitted to the Council for approval prior to obtaining a Development Permit for
Operational Works.
Vegetation Protection & Preservation
70. 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.
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71. Vehicular pavements within the drip zone of any of the existing trees on site to be retained
shall be designed as a pervious pavement (such as grass paving cells or similar), as this will
allow water that falls on this surface to penetrate to the trees root system. The pavement
shall be constructed so as not to damage the tree or their root system and in this regard
temporary fencing shall be provided around the trees during construction to help protect
them.
Plans shall be submitted to the Council for approval that clearly show the type and extent of
the pervious pavement and the temporary fencing prior to obtaining a Development Permit
for Operational Works.
72. Where retained tress are located in areas proposed to filled on site (or are located on
neighbouring allotments to the actual site to be filled), there will be a need to prevent fill
material from being placed on the trees root system. To this end the design of the filling
works will need to incorporate terracing around the tree or a similar means of ensuring that
the natural ground level around the trees remains generally the same as existing. These
measures shall clearly be shown on the plans submitted for Operational Works approval and
any drainage required to drain these areas shall also be shown on the plans.
Contributions Towards Council Infrastructure
73. Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or
upgrading various infrastructure at the rates applicable at the time of payment. An estimate
only of the contribution amounts under the current Council policies and requirements is
outlined in the table below:
Amount:
Contribution Required For:
Stage 1 Stage 2 TOTAL
PSP12 – Public Open Space Contributions (Park) - - -
PSP16 – Sewerage Headworks Contributions $1,318 $34,270 $35,588
PSP17 – Water Supply Headworks Contributions $4,892 $127,204 $132,096
PSP20 – Pathway Trunk Network Contributions $703 $18,271 $18,974
TOTAL Contribution Amount = $ 6,913 $179,745 $ 186,658
Please note, that these amounts are all subject to variations in the Consumer Price Index, All
Groups Brisbane from JUNE 2008 until the date of payment.
All contributions must be paid prior to Council endorsement of the plan of survey.
General
74. A suitably qualified Registered Professional Engineer Queensland 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.
75. Digital detailed designs including drawings, calculations, specifications and a schedule of
works, shall be submitted with any application for a Development Permit for Operational
Works in respect of roadworks and stormwater drainage works. The design shall be in
accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards
– Roads, Drainage and Earthworks. To avoid conflict with underground pipes or services,
all existing and proposed services required by the development shall be shown on the plans.
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76. 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).
77. Any damage caused to any public utility during the course of construction shall be repaired
to Council’s standards and at no cost to Council.
78. Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site shall be at no cost to Council.
79. The transportation of all materials to and from the site shall be undertaken in a manner such
that no particle 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.
80. 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.
81. 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. For private roads and parks, Council will provide the
nameplate and signpost to the Applicant upon payment of $250 per sign.
Environmental Health
82. A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No.9
“Waste Management Multi-Dwellings and Commercial and Industrial Premises”, Must be
submitted for the day-to-day operation of the development and approved by Council’s
Environmental Health prior to the issue of a Development Permit for Operational Works.
The plan shall include the following information:-
• Refuse bin collection locations for general and recyclable waste;
• Road measurements; and
• Turning circles for refuse collection bins demonstrating suitable manoeuvring areas
within the internal road network;
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Additional Condition – Lot 17 (10 October 2023)
83. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
BA 003 P3 Site Plan BA, prepared by Gavin Maddock 09/06/2023
(as annotated by Council)
BA 100 P4 Ground Floor & Site Plan, prepared by 19/09/2023
Gavin Maddock (as annotated by Council)
5. REFERRAL AGENCIES CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Referral Agency Referral Address
Status
Site contains assessable Concurrence Department of PO Box 573
vegetation Natural Resources & NAMBOUR QLD 4560
Water
Acid Sulfate Soils at or Advice Department of PO Box 573
below 5m AHD and Natural Resources & NAMBOUR QLD 4560
involves filling of 1000m3 Water
or more
Site adjoins National Park Advice Environmental Ecoaccess Customer
Protection Agency Service Unit
PO Box 15155
CITY EAST QLD 4002
A copy of any referral agency conditions is attached.
6. APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan / Document Rev. Plan / Document Name Date
No.
M1806-10 Proposal Plan – Stage 1 – Jones Flint & Pike 30 October 2007
Pty Ltd
M1806-11A A Proposal Plan – Stage 2 – Jones Flint & Pike 7 November 2007
Pty Ltd
447 - SK03 Proposed Building Setbacks From Boundaries January 2009
– Allan Starkey & Associates
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
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1. The applicant is informed that the site is identified as a Koala Living Area under the Nature
Conservation (Koala) Conservation Plan 2006 and Management Program 2006-2016 and
may contain koalas. The use of a Koala Spotter is encouraged in areas where koalas are
likely to occur, prior to the removal of Angophora, Corymbia, Eucalyptus, Lophostemon and
Melaleuca species. Further information can be obtain from the Environmental Protection
Agency at <http://www.epa.qld.gov.au> or Ph. (07) 32278185.
2. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
Local Law No. 12, prevents a builder or building contractor carrying out building work on a
building site in a way that makes or causes audible noise to be made from the building work:-
• On a Sunday or public holiday, at any time; or
• On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
3. 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
STAGE
Approved
Existing Use
Class / Use
Existing Quantity Use Class / Approved Quantity
Use
Open Space
Recreation 1 x Lot
+ +
Open Space
1 1 x Lot Multiple
Recreation 1 x Detached house lot
Housing - within a group title
Type 4 – subdivision
Conventional
Multiple Multiple
1 x Detached house lot 27 x Detached house lot
Housing - Type Housing -
2
4–
within a group title within a group title
subdivision Type 4 –
Conventional subdivision
Conventional
4. The applicant is informed that approval of this development application will trigger an
Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
Charges Plan for the estimated amount of Stage 1 = $2,905 and Stage 2 = $75,522 (TOTAL
= $78,427) and is subject to variations in the Consumer Price Index, All Groups Brisbane
from JUNE 2008 until the date of payment. An Infrastructure Charge Notice will be issued
in accordance with Chapter 5 of the Integrated Planning Act 1997.
5. The applicant is informed that 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.
6. The following property note (or similar) will be placed on Council’s rates records for the new
allotments:
"This property is close to Noosa Coastal Wastewater Treatment Plant. Whilst computer odour
modelling has determined that the development complies with the Queensland Odour
Amenity Guideline, odour may be detected at some times."
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7. 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 leave 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.
8. The applicant is advised that a Compliance Permit for all plumbing and drainage works within
the boundaries of the development site shall be obtained from Council’s Plumbing Services
Section prior to obtaining a Development Permit for Building Works.
9. The applicant is advised that this development may require the provision of fire hydrants and
a booster pump in accordance with the Building Code of Australia, and consultation may also
be needed with Queensland Fire Services to ensure suitable fire fighting infrastructure is
provided. To this end any necessary fire hydrants shall be clearly shown on the plans
submitted for both Operational Works and Building Works approval and if a booster pump is
deemed necessary, the plans shall indicate where the fire truck is to be accommodated in
order to provide boosting to the water supply.
10. For the purpose of these conditions, the following definitions apply: -
a. 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.
b. A Registered Professional Civil Engineer (RPEQ) means a civil engineer who is
registered in Queensland pursuant to the Professional Engineers Act 1988.
c. 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.
d. The person acting on this permit means any person or company who undertakes
development pursuant to this permit.
e. AS 2890.1 – 2004 means Australian Standard for Off Street Carparking - AS 2890.1-
2004.
f. 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.
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.
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Infrastructure Charges
11. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
8. PROPERTY NOTES
The following property note (or similar) will be placed on Council’s rates records for the new
allotments:
This property is close to Noosa Coastal Wastewater Treatment Plant. Whilst computer odour
modelling has determined that the development complies with the Queensland Odour Amenity
Guideline, odour may be detected at some times.
9. PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Subject of the required Development Permit
required
Development Permit for Access and/or Carparking, Site Civil Works, Roadworks,
Operational Works Stormwater Drainage, Frontage Works, Sewer Reticulation
(including new mains, relocations, diversions, pump
stations and rising mains), Water Reticulation, Earthworks,
Landscaping & Erosion & Sediment Control
11. SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to
the development approved under this Decision Notice:
• Advertising Devices Code
• Detached House Driveways Code
12. SUBMISSIONS
There was one (1) properly made submission about the application. In accordance with Integrated
Planning Act 1997, the name and address of the principal submitter for each properly made
submission is provided and attached.
13. REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Find that the following grounds are sufficient to support the proposal despite the conflict with the
Superseded Planning Scheme:
1. The scale of the development will not exceed that anticipated by the approved Plan of
Development for the site;
2. The Plan of Development provides for residential development to extend beyond the
boundaries of the identified residential precincts;
3. The proposal will not unduly compromise the existing golf or recreational facilities within
Noosa Springs estate or the Noosa Heads locality; and
4. The proposed development is compatible with the general amenity and character of Noosa
Springs.
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14. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
15. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Nadine Gorton
Acting Coordinator Planning
Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 23 October 2008
• Negotiated Decision Notice – 3 March 2009, with an amendment to conditions 1, 34, 63 & 73 and amendments to conditions in part
only 3, 5, 12, 23, 28, 33, 40 & 64.
• Generally in Accordance – 132007.2399.01 -19 January 2015.
• Decision Notice - Minor – 132007.2399.02 – 10 October 2023 - with additional condition 83.
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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Document Set ID: 22620408
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Used in these records
SUPERSEDED - Minor Change Existing Approval 132007 2399 02.pdfRelated documentApplication case desk ↗
Minor Change Existing Approval 132007 2399 02.pdfRelated documentApplication case desk ↗
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