SUPERSEDED Decision Notice OPW17/0123

Officer:	:Mark Lewis
Direct Telephone:	 07 53296290
Our Reference:	:OPW17/0123
Your Reference:	:16003

4 August 2017

Altum Properties No 4 Pty Ltd TTE
C/- Morgan Consulting Engineers Pty Ltd
1 Great George St
PADDINGTON  QLD  4064

[email protected]

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 3 August 2017, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
1.	APPLICATION DETAILS

Application No:	OPW17/0123
Street Address:	Resort Dr NOOSA HEADS  QLD  4567
Real Property Description:	Lot 6 SP 178340 Lot 7 SP 178340
Planning Scheme:	The Noosa Plan (28 October 2016)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit for Operational Work – Earthworks and Clearing

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 2 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS

APPROVED PLANS
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
16003/C00	A3	Cover Sheet and Drawing Index	5 July 2017
16003/C01	A2	Site Clearing Plan	13 June 2017
16003/C02	A2	Precinct F Bulk Earthworks Plan – Sheet 1	5 July 2017
16003/C03	A2	Precinct F Bulk Earthworks Plan – Sheet 2	5 July 2017
16003/C04	A2	Precinct F Bulk Earthworks Sections	5 July 2017
VM01	A	Vegetation Management Plan, prepared by JFP Urban Consultants FOR PRECINCT F ONLY	13 February 2017
VM02	A	Vegetation Management Plan, prepared by JFP Urban Consultants FOR PRECINCT F ONLY	13 February 2017
VM03	A	Vegetation Management Plan, prepared by JFP Urban Consultants FOR PRECINCT F ONLY	13 February 2017
VM04	A	Vegetation Management Plan, prepared by JFP Urban Consultants FOR PRECINCT F ONLY	13 February 2017
VM05	A	Vegetation Management Plan, prepared by JFP Urban Consultants FOR PRECINCT F ONLY	13 February 2017
VM06	A	Vegetation Management Plan, prepared by JFP Urban Consultants FOR PRECINCT F ONLY	13 February 2017
VM07	A	Vegetation Management Plan, prepared by JFP Urban Consultants FOR PRECINCT F ONLY	13 February 2017
VM08	A	Vegetation Management Plan, prepared by JFP Urban Consultants FOR PRECINCT F ONLY	13 February 2017
VM09	A	Vegetation Management Plan, prepared by JFP Urban Consultants FOR PRECINCT F ONLY	13 February 2017
VM010	A	Vegetation Management Plan, prepared by JFP Urban Consultants FOR PRECINCT F ONLY	13 February 2017

SITE SPECIFIC CONDITIONS
Clearing must only occur within the areas designated on the approved plans for Lot 7 on Plan SP178340 to facilitate the commencement of civil works associated with the development.
All works must be wholly contained within the subject sites.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
Tree protection fencing must be installed under the supervision of the Project Arborist.  (Refer to Retention of Existing Trees Conditions)
All necessary approvals from external service providers (eg Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
Copies of the approved plans, duly signed by the consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer Construction at the “pre start” meeting
A condition report including photographs of the frontage of the site must be completed and submitted to council at the prestart meeting / prior to any works commencing.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council at the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a pre-start meeting is 5329 6245. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Clearing works;
Other relevant parties
All works must be carried out in accordance with the approved Construction Management Plan prepared by Altum Constructions dated 16/5/2017 and must specifically address the following:
No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
Landscape and Ecology
Fauna
A qualified person* must be engaged to manage fauna prior and during clearing to:
ensure works are carried out in accordance with the approved Vegetation Clearing and Fauna Management Plan and the Nature Conservation Act 1992.
undertake pre-clearing inspections and fauna load reductions including fauna relocation and removal or blocking of all vacant hollows.
Due to the presence of arboreal hollows, fauna load reduction must include the inspection and suitable treatment of the interior of hollows prior to felling.
Ensure a variety of hollows must be salvaged to be re-used for ground and arboreal habitat features.
Ensure suitable trunks and/or limbs must be salvaged to provide fauna structures fore- use in and may be used as escape features in bio-detention basins.
provide a written report to Council with the request for the pre-start meeting of:
all pre-clearing activities and initiatives.
qualifications of personnel supervising fauna management activites.
co-ordinate staging and sequence of clearing with fauna protection.
protect and recover fauna during clearing operations (fauna not previously removed).
manage the translocation of animals and recovery procedures in accordance with relevant legislation.
undertake protection works for mulching of any stockpiled vegetation.
provide a written report to Council upon clearing completion detailing:
the length of clearing time.
Species of Fauna and location
animal trapping prior to and during clearing.
animal relocations.
fauna injuries and euthanisations.
Any veterinary records
provide certification that fauna protection works have been undertaken in accordance with the conditions and approved documentation of all relevant approvals.
*(Refer to Advisory Note)
DURING CONSTRUCTION
Engineering
The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice
The relevant conditions of the higher order Material Change of Use approval viz. MCU15/0109  to which this approval relates
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site
Works within Road Reserve/Reinstatement
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
Electrical conduits or other services proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Earthworks and Retaining Walls
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and uniformity of fill shall be provided by a RPEQ and submitted to Council at the completion of the works.
Fall protection must be provided to retaining walls that are over 1m high.
Slope and batters are a maximum grade of:
1 in 6 where in proximity to waterbodies
1 in 4 for grassed areas.
1 in 3 for planted areas
1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (eg by blocking or interfering with natural overland flows).
Environment
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards (refer to advisory notes).
Prior to the completion of the works, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term (refer to advisory notes). For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
Limit soil exposure on the site to a distance of no more than 2m beyond the extent of earthworks shown on the approved plans except where the exposed soil is effectively stabilised without delay and prior to rainfall occurring.
Clearing Vegetation
A “no clearing zone” must be established over the area identified as:

“Vegetation to be retained” shown as green vertical lines on the approved Vegetation Management Plan;
“Trees to be protected and retained” on the approved Vegetation Management Plan.
“Trees possible for retention” on the approved Vegetation Management Plan.
Lot 6 on Plan SP178340
The following activities must not be carried out within the no clearing zone:
clearing, cutting down, poisoning, lopping or pruning of native vegetation which is indigenous to, or planted within the zone
soil/spoil dumping and/or compacting
soil excavation, other than for planting indigenous native plants.
The following exceptions apply:
declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003, and any Council Listed Environmental Weeds, Exotic Grasses and other plants identified in writing by Council
reasonably necessary clearing to facilitate construction/earthworks in accordance with the approved plans and as agreed to in writing by Council’s delegate.
indigenous native trees which pose a well-founded threat to persons or property as approved by Council delegate.
Vegetation removal, felling and lopping must:
be undertaken in accordance with the approved Vegetation Management Plan and the Nature Conservation Act 1992.
be undertaken in a manner that directs fauna towards areas of retained bushland and avoids displacing fauna towards hazards such as roads or residential areas.
be undertaken only after the fauna load reduction activities, installation of the park area protective fencing following identification survey, allowing for reasonably necessary clearing for these works.
avoid damage to other vegetation designated for retention.
retain old growth tree hollows and suitably relocate and distribute for nesting fauna.
chip or shred all other wood and leaf material (without root balls, soil or debris and minimising weed seeds) to a reusable mulch.
not include burning or burying disposal.
have mulch for reuse in landscape works where suitable.
have mulch stockpiles no larger than 1,000 m3, 2.5 m in height and with 10m separation between piles to limit combustion risk.
allow for existing endemic ground flora to be translocated to suitable landscaping and rehabilitation areas.
conclude with the area being stabilised and landscaped in accordance with approved plans.
All construction activities and associated works must be managed in a manner that minimises impacts to the park areas and retained vegetation.
Any damage to the park or road reserve vegetation as a consequence of construction activities associated with this approval must be rectified prior to the works being accepted on-maintenance.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
FOLLOWING CONSTRUCTION
Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.

5.	REFERRAL AGENCIES

Not Applicable.

6.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

General Advisory Notes
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6245 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
If Council officers are required to undertake additional inspections of the same works, a reinspection fee will be applicable in accordance with Council’s Fees and Charges register applicable at the time.
A minimum maintenance period of 12 months will apply to all municipal works and thereafter until such time as the works are performing in accordance with the approved design unless noted otherwise
Environmental Advisory Notes
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
Accepted best practice standards include:
the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2 or other superseding document subsequently adopted by Council;
Best Practice Erosion and Sediment Control, International Erosion Control Association (2008)
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the completion of the works:
Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual; and
Stormwater runoff from the site is not currently, and is not likely to result in visible evidence of sedimentation or erosion, or lead to water contamination.
If at the time of completion of the works, the method of short-term stabilisation has not achieved a level of stability that Council's Officers believe will have a high probability of achieving long term stability (i.e. until house construction has occurred on all lots), Council Officers may take the following matters into consideration in determining whether the site is capable of achieving medium to long-term stability:
evidence that the site has been effectively stabilised in the short term;
evidence that soil has been adequately ameliorated;
evidence that seed of annual and perennial grass species has been applied at an adequate rate; and
that grass seed has germinated at a density that is likely to achieve an effective grass cover.
Landscape and Ecology
Qualified Person, for the purpose of:
being an Arborist, supervising Project Arborist and preparing arboreal certification, is considered to be a person with Level 5 AQS qualification in Arboriculture and a minimum 5 years current experience in tree protection, hazard identification / mitigation and NATSPEC (Guidelines: Specifying Trees) assessment.
managing Fauna protection, preparing Fauna reporting and certification and calculating compensatory habitat, is considered to be an Ecologist or Environmental Scientist with a minimum of 3 years current experience in the field of fauna assessment and management with current certification under the Queensland Parks and Wildlife Service.

The land is mapped as being located in a High Risk Area in the Department of Environment and Heritage Protection’s Protected Plants Flora Survey Trigger Map. A clearing permit may be required from the department prior to any clearing works occurring. Please contact DEHP for more information: refer https://www.ehp.qld.gov.au/licences-permits/plants-animals/protected-plants/
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.
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 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 3247 6212 to discuss any obligations under the ACH Act.

7.	PROPERTY NOTES

Not Applicable.

8.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

9.	FURTHER DEVELOPMENT PERMITS REQUIRED

Not Applicable

10.	SELF ASSESSABLE CODES

Not Applicable.

11.	SUBMISSIONS

Not Applicable.

12.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

13.	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.

During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval.  If Council agrees or agrees in part with the representations, a “negotiated decision notice” will be issued.  Only one “negotiated decision notice” may be given.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

14.	OTHER DETAILS

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

Yours faithfully

Mark Lewis
Coordinator-Engineering

Enc:	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).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 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.

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.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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PO Box 141		P. (07) 5329 6500	[email protected]	
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