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001 ECM_21837427_v2_Referral Agency Response - Planning RAP21 0028 · MCU24/0032

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                                                                      Officer:            Wilhelm Koschade
                                                                      Direct Telephone:   07 53296540
                                                                      Our Reference:      RAP21/0028
                                                                      Your Reference:     2926

                 1 March 2022


                 Metricon Homes (Qld) Pty Ltd
                 C/- Martoo Consulting Pty Ltd
                 PO Box 1684
                 NOOSA HEADS QLD 4567

                 [email protected]



                 Dear Sir/Madam,
                                                  Referral Agency Response
                                                         Planning Act 2016

                 I refer to your application and advise that Council, as a concurrence agency for the application,
                 completed its assessment of the application on 28 February 2022. You are advised that
                 Council requires conditions to be attached to any development approval. The conditions are
                 listed below.
                 1.      APPLICATION DETAILS

                     Application No:              RAP21/0028

                     Street address:              38 Mossman Ct Noosa Heads Qld 4567

                     Real property description:   Lot 145 N 21859

                     Planning Scheme:             Noosa Plan 2020 (25 September 2020)

                 2.      TYPE OF DEVELOPMENT

                 The applicant seeks the following type of referral agency response:
                        Concurrence Agency Response for Dwelling House
                 3.      CONCURRENCE AGENCY CONDITIONS

                 PLANNING
                         When Conditions must be Complied With
                 1.      Unless otherwise stated, all conditions of this Decision Notice must be complied with
                         prior to the use commencing, and then compliance maintained at all times while the use
                         continues.
                         Approved Plans
                 2.      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.




                                                  PO Box 141                   P. (07) 5329 6500       [email protected]
                                                  TEWANTIN QLD 4565            F. (07) 5329 6501       www.noosa.qld.gov.au
                                                                                                                  Page 1 of 5
Document Set ID: 21837427
Version: 2, Version Date: 01/03/2022
Full text of the other 4 pages

Page 2

                           Plan No.          Rev.   Plan/Document Name                          Date

                           DWG 1/14          A      Site plan, prepared by Gary Rodd            10.02.22

                           DWG 4/14          A      Basement Floor Plan, prepared by Gary 10.02.22
                                                    Rodd

                           DWG 5/14          A      Ground Floor Plan, prepared by Gary 10.02.22
                                                    Rodd

                           DWG 6/14          A      First Floor Plan, prepared by Gary Rodd     10.02.22

                           DWG 10/14         A      Elevation Plan, prepared by Gary Rodd       10.02.22

                           DWG 9/14          A      Elevation Plan, prepared by Gary Rodd       10.02.22

                        Building Height
                 3.     Except for the central upper level roof which is permitted to have a maximum height of
                        8.3 meters, the maximum height of the development must not exceed 8.0 meters above
                        the finished ground level and the natural ground surface.
                 4.     Certification must be submitted to Council from a Licensed Surveyor which certifies that
                        the building does not exceed the maximum height requirement of this Decision Notice.
                        Currency Period
                 5.     This development approval lapses if the use has not happened by 24/02/2024, unless
                        an application to extend the currency period is approved by Council.
                        Performance Bond
                 6.     Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must
                        be submitted to Council, to secure performance of all conditions of this approval, prior
                        to the issue of a Development Permit for Building 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. Council reserves
                        the right to call upon the bond or guaranteed sum to effect compliance with conditions.
                        Landscaping
                 7.     A minimum of 20% of the site must be retained as soft landscaping.
                 8.     Existing vegetation in the road reserve must be retained, unless written authorisation
                        from Council is granted for the clearing.
                        Fencing
                 9.     Perimeter fencing is not permitted to exceed a maximum vertical height of 2.0m relative
                        to the natural ground.
                        Boundary Clearance
                 10.    The proposed outdoor recreational areas (western side) and pedestrian walkaround
                        (eastern side) must have a minimum setback of 1.5m (where raised above the natural
                        ground level).




                                                                                                        Page 2 of 5
Document Set ID: 21837427
Version: 2, Version Date: 01/03/2022

Page 3

                 ENGINEERING
                             Site Access and Driveways
                 11.    A sealed access driveway must be provided from Mossman Court to all parking and
                        manoeuvring areas of the development. These proposed works must be undertaken
                        with written approval in accordance with Noosa Council driveway crossover approval
                        conditions and adopted standard drawings for the crossover type as required by the
                        planning scheme.
                 12.    The driveway must be constructed to grades that ensure that vehicles will not bottom
                        out or scrap on the driveway or the road formation when entering and exiting the site.
                        Stormwater Drainage
                 13.    The site must be provided with a stormwater drainage system connecting to a lawful
                        point of discharge. The works must be undertaken generally in accordance with SCG’s
                        drawing 31192-SW1.1 “Stormwater Management Plan”, dated July 2021.
                 14.    The site specific SWMP must be approved as part of the subsequent Building Permit.
                 15.    The site specific SWMP must be consistent with the site-specific geotechnical report’s
                        recommendations.
                 16.    The development works must not cause additional ponding of water on any adjoining
                        property (including the road reserve), or concentrate or direct overland flow to any
                        adjoining property.
                 17.    Private drainage structures must be wholly contained within the subject site.
                        Easements
                 18.    Unless otherwise agreed in writing by the relevant service provider, any public or third
                        party infrastructure located on the subject site must be placed within an easement
                        registered against the title of the property.
                 19.    All easements must be designed in accordance with the planning scheme and granted
                        at no cost to the Grantee. Where the Grantee is Council or a service authority, the
                        easement documentation must be in accordance with the Grantee’s standard easement
                        terms. Draft easement documentation must be submitted to Council for endorsement.
                 20.    All works must be kept clear of any existing or proposed easements on the subject land,
                        unless agreed otherwise in writing by the Grantee.
                        Earthworks and Retaining Walls
                 21.    All earthworks must be undertaken generally in accordance with:
                        a.      SCG’s drawing 31192-OW3.1 “Earthworks Plan”, dated July 2021;
                        b.      the findings and recommendations of Douglas Partners’ report 206126.00
                                “Preliminary Geotechnical Investigation”, dated 1 August 2021; and
                        c.      the findings and recommendations of ADG Consulting’s report ADG1304.21
                                “Dewatering Management Plan”, Rev 0, dated October 2021
                 22.    All earthworks must be endorsed through the building permit.
                 23.    The site specific geotechnical report must be consistent with the site specific SWMP’s
                        recommendations.
                 24.    All earthworks must be supervised by a Registered Professional Engineer of
                        Queensland (RPEQ).




                                                                                                        Page 3 of 5
Document Set ID: 21837427
Version: 2, Version Date: 01/03/2022

Page 4

                 25.    All earthworks and associated retaining structures/batters, both above and below ground
                        level and both temporary and permanent, 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.
                 26.    Earthworks carried out on site must not affect the structural integrity of any of the
                        adjoining lands and/or buildings and/or structures and/or services.
                 27.    All works must not adversely impact on the existing revetment wall located along the
                        waterway boundary.
                 28.    All retaining walls must be designed and constructed in accordance with the planning
                        scheme and must be certified by an RPEQ where exceeding 1.0m in height.
                        Damage to Services and Assets
                 29.    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:
                        a.      where the damage would cause a hazard to pedestrian or vehicle safety,
                                immediately; or
                        b.      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.
                 4.     REASONS FOR INCLUSION OF CONDITIONS

                 The proposal is subject to specific built form parameters outlined in The Noosa Plan.
                 5.     ADVISORY NOTES

                 The following notes are included for guidance and information purposes only and do not form
                 part of the referral agency conditions:
                 PLANNING
                        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.
                        Development Compliance Inspection
                 2.     Prior to the commencement of the use, please contact Council's Development
                        Assessment Branch to arrange a Development Compliance Inspection.




                                                                                                            Page 4 of 5
Document Set ID: 21837427
Version: 2, Version Date: 01/03/2022

Page 5

                 6.     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.


                 Yours faithfully,




                 Wilhelm Koschade
                 Development Planner


                 Enc:   Approved Plans/Documents




                                                                                                  Page 5 of 5
Document Set ID: 21837427
Version: 2, Version Date: 01/03/2022

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