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Referral Agency Response - Planning RAP24 0009 · RAP24/0009

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                                                                  Officer:            Samuel Osakwe
                                                                  Direct Telephone:   07 53296316
                                                                  Our Reference:      RAP24/0009
                                                                  Your Reference:     220293

                 24 July 2024


                 EarthCert Building Consultancy Pty Ltd
                 PO Box 432
                 POMONA QLD 4568

                 [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 22 July 2024. You are advised that Council
                 requires conditions to be attached to any development approval. The conditions are listed
                 below.
                 1.      APPLICATION DETAILS

                     Application No:              RAP24/0009

                     Street address:              35 The Peninsula Noosaville Qld 4566

                     Real property description:   Lot 275 RP 856192

                     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 Alterations and Additions to Dwelling House (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 commencing, and then compliance maintained at all times while the use
                         continues.




                 ABN 97.969.214.121                                                                    PO Box 141
                 noosa.qld.gov.au                                                               Tewantin QLD 4565
                 [email protected]                                                               07 5329 6500
                                                                                                         Page 1 of 5
Document Set ID: 23123077
Version: 2, Version Date: 24/07/2024
Full text of the other 4 pages

Page 2

                        Approved Plans
                 2.     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

                             00.0             -      Site Plan prepared by Paul Clout Design    29/02/2024

                        Performance Bond
                 3.     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.
                 4.     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
                 5.     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.
                 6.     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.
                        Landscaping Works
                 7.     A minimum of 20% of the site must be retained as soft landscaping.
                 8.     The development site must be landscaped. The works must be undertaken in
                        accordance with the Noosa Plan for that specific area and must include the works shown
                        on the approved landscape plan.
                 9.     All landscape works must be established and maintained in accordance with the
                        approved design for the life of the development, and in a manner that ensures healthy,
                        sustained and vigorous plant growth. All plant material must be allowed to grow to full
                        form and be refurbished when its life expectancy is reached.
                 10.    Where excavations result in a cut face greater than 0.5m, suitable landscaping is to be
                        installed to soften the visual impacts of the excavations to the Noosa Waters’ Canal for
                        the full length of the cut face. Landscaping is to be of a suitable species and in
                        accordance with Noosa Plan 2020 Planning Scheme Policy PSP2 Landscaping.




                                                                                                         Page 2 of 5
Document Set ID: 23123077
Version: 2, Version Date: 24/07/2024

Page 3

                        Revetment Wall / Flood Storage
                 11.    All works within the 4.5m setback from the revetment wall must be carried out generally
                        in accordance with the plans Flood Storage Model Site Plan (22-1107-F1, Rev. B)
                        prepared by Lindsay Consulting and dated 8 July 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
                        Damage to Services and Assets
                 14.    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.
                        Environment
                 15.    Sediment or any other material including building materials or waste products must not
                        be deposited or released into the road reserve, stormwater drain or adjacent properties.
                 4.     REFERENCE DOCUMENTS

                  Plan No.             Rev.   Plan/Document Name                         Date

                  221107               -      Flood Storage Calculations Prepared by 8 July 2024
                                              Lindsay Consulting

                  22-1107- F1          B      Flood Storage Model Site Plan Prepared 8 July 2024
                                              by Lindsay Consulting

                  22-1107- F2          B      Flood Storage Model Perspective View 8 July 2024
                                              Prepared by Lindsay Consulting

                 5.     REASONS FOR REFERRAL AGENCY’S DECISION

                 The proposal is subject to specific built form parameters outlined in The Noosa Plan (25
                 September 2020).




                                                                                                        Page 3 of 5
Document Set ID: 23123077
Version: 2, Version Date: 24/07/2024

Page 4

                 6.     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
                 (c)    The development application to the assessment manager is made within 12 months of
                        the date of this referral agency response.
                 7.     ADVISORY NOTES

                 The following notes are included for guidance and information purposes only and do not form
                 part of the referral agency conditions:
                        Infrastructure Charges
                 1.     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.
                        Sustainability
                 2.     Council encourages sustainable and energy efficient building design for all development,
                        including the use of sustainable building materials, energy efficient fittings, solar hot
                        water, photovoltaic systems (including the use of inverter/charges), solar panels, water
                        saving devices and rainwater harvesting.
                        Equitable Access and Facilities
                 3.     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
                 4.     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




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Document Set ID: 23123077
Version: 2, Version Date: 24/07/2024

Page 5

                 8.     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,




                 Samuel Osakwe
                 Development Planner

                 Enc:   Approved Plans/Documents




                                                                                                  Page 5 of 5
Document Set ID: 23123077
Version: 2, Version Date: 24/07/2024

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