Council archive · source document
Referral Agency Response - Planning RAP24 0038 (As Published) · DBW24/0122
Officer: Tiani Bird
Direct Telephone: 07 5329 6389
Our Reference: RAP24/0038 & DBW24/0122
Your Reference: 2024-72
16 April 2025
CE Carey & MBR Carey
C/- Danya Cook Town Planning
PO Box 9410
PACIFIC PARADISE QLD 4564
[email protected]
Dear Sir/Madam,
Referral Agency Response
Planning Act 2016
I refer to your application and advise that Council, as a referral agency for the application,
completed its assessment of the application on 10 April 2025. You are advised that Council
requires conditions to be attached to any development approval. The conditions are listed
below.
1. APPLICATION DETAILS
Application No: RAP24/0038
Street address: 7 Masthead Quay, Noosaville Qld 4566
Real property description: Lot 593 RP 883861
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. TYPE OF DEVELOPMENT
The applicant seeks the following type of referral agency response:
• Referral Agency Response for a Dwelling House (Setbacks & Structures within 4.5m of
Revetment Wall
3. REFERRAL AGENCY CONDITIONS
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use of the extensions commencing, and then compliance maintained at all
times while the use continues.
Approved Plans
2. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed in the tables below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Plan No. Rev. Plan/Document Name Date
WD.2.01 I Site Plan, prepared by Garland Design 27/02/2025
Annotated by Council
WD.2.03A I Ground Floor Plan, prepared by Garland 27/02/2025
Design
WD.2.04 I Level 1 Floor Plan, prepared by Garland 27/02/2025
Design
WD.2.07 I Roof Plan, prepared by Garland Design 27/02/2025
WD.3.01 I Elevations, prepared by Garland Design 27/02/2025
WD.3.02 I Elevations, prepared by Garland Design 27/02/2025
Building Height
3. The maximum height of the development must not exceed 8 metres above the ground
level.
4. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld)
which certifies that the building does not exceed the maximum height requirement of this
Decision Notice.
Noosa Waters Setback
5. The area within 4.5 metres of the centre line of the top of the concrete revetment wall
must be developed in accordance with the following:
(a) A minimum of 25% of the area must be planted with shrubs and small trees with a
mature height of 3m or less.
(b) A maximum of 25% of the area may be impervious, with the balance area soft
landscaping (i.e. grass, ground covers, shrubs and small trees).
(c) The ground surface within 1 metre of the revetment wall must be grass or ground
cover and must not include shrubs or hard pavement.
(d) Any side boundary fencing must taper down to a maximum height of 1.2 metres at
the revetment wall and have a height not exceeding 1.5 metres at a distance of
2.25 metres from the revetment wall.
(e) Any retaining structures, planter boxes or the like must be finished with natural
materials such as timber or rock rather than manufactured materials.
6. No shore side anchor points are permitted within 4.5m of the revetment wall.
Bonds
7. A site compliance bond of $5,000 is to be submitted to Council prior to the
commencement of works. The commencement of works can only commence once
Council's Construction Engineering Officer has confirmation that the bond monies have
been received by Council.
The bond will be refunded less any costs incurred by Council in ensuring compliance
with these conditions or any additional inspections incurred for substandard work or work
undertaken not in accordance with this permit.
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8. Bonds must:
(a) Meet the requirements of council’s relevant Planning Scheme Policy for
performance and uncompleted works;
(b) Be lodged with Council and accompanied by the Bond Administration Fee/s; and
(c) Be requested for release by writing to Council, when relevant approval
requirements have been met.
Earthworks
9. All earthworks and associated retaining structures/batters must be contained entirely
within the subject site unless written permission from the respective landowner(s) is
provided to Council. All earthworks must be undertaken in accordance with the
provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial
and Residential Developments.
10. Earthworks carried out on site must not affect the structural integrity of the revetment
wall, existing fences or other structures that border the subject site. Fences that are
affected must be replaced in a timely manner and in consultation and agreement of the
owners of the related properties.
Revetment Wall / Flood Storage
11. All works within the 4.5m setback from the revetment wall must be carried out generally
in accordance with Linday Consulting’s Flood Storage Model Site Plan (24-1071-F1,
Rev. A) and Flood Storage Model Perspective Model (24-1071-F2, Rev. A) dated 29
December 2024.
12. All works for the purpose of increasing available flood storage must be located within
the 4.5m setback from the revetment wall.
13. Certification of the completed works within the 4.5m setback from the revetment wall
must be submitted to Council within 3 months of the completion of the works. The
certification must be prepared by a RPEQ (Registered Professional Engineer of
Queensland) and state that the works:
(a) Have not reduced the amount of available flood storage within the 4.5m setback
from the revetment wall;
(b) Have not negatively impacted the stability of the revetment wall or negatively
impacted the associated membrane;
(c) Have not reduced the available flood storage within the lot from the profile as
described in The Noosa Plan 2020 – Low Density Residential Zone Code; and
(d) Meet the relevant conditions of this approval.
4. REASONS FOR REFERRAL AGENCY’S DECISION
The proposal is subject to specific built form parameters outlined in Noosa Plan 2020.
5. TIME LIMIT FOR MAKING FURTHER APPLICATION
Pursuant to section 54(4) of the Planning Act 2016, you will not be required to refer your
building works application to council for a further Referral Agency Response if:
(a) you submit this Referral Agency Response in its entirety, including all referenced plans
and documents, when making the application to the Assessment Manager; and
(b) there are no changes to the proposal that was presented to council with this referral;
and
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(c) The development application to the assessment manager is made within 12 months of
the date of this referral agency response.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form
part of the referral agency conditions:
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or
obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person
who carries out an activity must take all reasonable and practicable measures to ensure
the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply
with the duty of care. Substantial monetary penalties may apply to individuals or
corporations breaching this duty of care. Injunctions may also be issued by the Land
and Resources Tribunal, and the Minister administering the ACH Act can also issue stop
orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH
Act.
Equitable Access and Facilities
2. 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
1) 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 more of the following may impact on the proposed
building work:
(a) the Disability Discrimination Act 1992 (Commonwealth);
(b) the Anti-Discrimination Act 1991 (Queensland); and
(c) the Disability (Access to Premises – Buildings) Standards.
Fires in Urban Areas
3. In urban areas fires are prohibited except where in an appliance is used for domestic
heating or cooking purposes, which must comply with particular standards. Any area
identified as a fire pit area on approved plans is to be in accordance with Local Law &
Subordinate Local Law No. 3, Schedule 3. Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
Infrastructure Charges
4. 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
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7. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
241071 - Flood Storage Calculations no date
Prepared by Lindsay Consulting
24-1071- A Flood Storage Model Site Plan 29 December 2024
F1
Prepared by Lindsay Consulting
24-1071- A Flood Storage Model Perspective View 29 ecember
F2 2024
Prepared by Lindsay Consulting
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Driveway crossover.
Works
Development Permit for Building Works All building work.
11. SUBMISSIONS
Not applicable.
12. REPRESENTATIONS ABOUT REFERRAL AGENCY RESPONSE
The applicant may make representations to Council about this referral agency response at
any time before the application is decided pursuant to section 30 of the Development
Assessment Rules.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online
at www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Tiani Bird
Development Planner
Enc: Approved Plans/Documents
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