Council archive · source document
Delegated Report - Code - Planning MCU22 0197 [As Published] · MCU22/0197
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Graduate Development Planner, Jada Lyons
Development Assessment
APPLICATION DETAILS
Application No. MCU22/0197 OPW22/0296, RAL22/0031
Applicant Iolanda Santina Trovatello
Simon Anthony Rawson
Proposal Material Change of Use – Dual occupancy
Operational Works – Landscaping, Roadwork, Stormwater &
Clearing Vegetation
Reconfiguring a Lot (subdivision by Community Title Scheme –
1 into 3 lots)
Properly Made Date 16 November 2022
Information Request Date 14 December 2022
Information Response Date 25 April 2023
Decision Due Date 16 June 2023
Report Reviewed & Nadine Gorton 15.06.2023
Finalised By
PROPERTY DETAILS
Property Address 73 Southern Cross Pde Sunrise Beach Qld 4567
RP Description Lot 672 RP 225123
Land Area 811m²
Existing Use of Land Dwelling house
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential Zone
Precinct Not Applicable
Local Plan Area Coastal Communities
Overlays Landslide Hazard Overlay
• Moderate Hazard Area
Document Set ID: 22435587
Version: 8, Version Date: 15/06/2023
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Assessment Type Code
1. PROPOSAL
The application seeks approval for a Material Change of Use for a Dual occupancy, Operational
Works for landscaping, roadwork, stormwater & clearing vegetation and Reconfiguring of a Lot
(subdivision by Community Title Scheme – 1 into 3 lots).
The proposed units are both 3-bedroom units with private terrace and pool areas at the rear of the
site. The proposal incorporates varying finishes and materials along the front façade and presents
an asymmetrical design to the street.
The proposed duplex will be accessible via a single vehicle crossover from Southern Cross Parade
to provide access to the garages of both units.
The proposed subdivision by Community Title will result in 3 lots:
• Proposed Lot 1 – 315m2 – Unit 1
• Proposed Lot 2 – 345m2 – Unit 2
• Additional lot to be used for common property – 150m2.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan
Figure 3 – Lower Level Floor Plan
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Figure 4 – Upper Level Floor Plan
Figure 5 – North and East Elevations
Figure 6 – South and West Elevations
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Figure 7 – Sections (Unit 1)
Figure 8 – Sections (Unit 2)
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Figure 9 – Sections
Figure 10 – Sections
2. SITE DETAILS
2.1. Site Description
The subject site currently accommodates a highset dwelling and is substantially vegetated along
the rear and side boundaries. The site exhibits a steep slope from the south-western corner
towards the north-eastern corner.
2.2. Surrounding Land Uses
The subject site is located in an area predominately used for residential units. The adjoining site to
the north is a dual occupancy that is currently under construction and the adjoining site to the south
is an existing dual occupancy. Multiple dwellings are located to the west in Beacon Court and to
the east across Southern Cross Parade. A parkland reserve is located approximately 50 metres
north of the site at the corner of Heathland Drive and Southern Cross Parade.
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3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017; and
• Noosa Plan 2020.
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Medium Density Residential Zone Code;
• Coastal Communities Local Plan Code;
• Dual Occupancy and Multiple Dwelling Code;
• Works Codes;
• Landslide Hazard Overlay Code.
The subject site is located in Sunrise Beach and is zoned Medium Density Residential. The
proposed use is identified as a consistent use within the zone and is required to follow a code
assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
Criteria Planning Scheme Proposal Complies
Building height
• storeys 2 storeys max 2 storeys
• metres 8 metres 8.17 metres (roof) X
Site cover 40% max 40%
Gross floor area 324.1m² max 324m²
Plot ratio 0.4:1 max. 0.4:1
Boundary setbacks
• Frontage 6 metres min 8.5 metres
• Side (north) 1.5/2.0/2.5 metres min 2.19 metres
• Side (south) 1.5/2.0/2.5 metres min 3.36 metres
• Rear 6 metres min 4.03 metres X
Landscaped open space min 40% 40.09% (376m²)
Soft landscaping min 60% of total landscaping 78.6% (255m²)
Landscaping Setbacks Front 6 metres 6 metres
Garages Min 2m separation 1m separation X
Min 1m staggered setback No stagger X
Width – 6m or 50% of lot 5.14m (45% of width)
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Private Open Space 25m² min 173m²
Cut & Fill 1.5 metres in depth > 1.5 metres X
Carparking 2 covered min 4 covered
1 additional
Sustainable water design 3,000L water tank 1 x 3,000L tank
Building Height
Acceptable Outcome AO8.2 of the Medium Density Residential Zone Code details that where
excavation is required the maximum portion of the exposed façade cannot exceed 8m in building
height. The proposal has a maximum height of 8.17 metres from the excavated finished ground
level and as such does not comply with Acceptable Outcome AO8.2. The building is below 8 metres
from the existing ground level with only a small portion of the roof of unit 1 exceeding the 8-metre
height limit (see Figure 11 below). The exceedance is limited to the centre of the roofline.
PO8
Buildings and structures:
a) are low rise and present a building height consistent with structures on adjoining and
surrounding premises;
b) are designed to provide an interesting streetscape and complement landform changes
and landscapes
c) do not visually dominate the street or surrounding area;
d) maintain a vegetated skyline;
e) do not unreasonably obscure views or lead to overshadowing of neighbouring properties;
f) do not exceed two storeys.
The proposal is considered to comply with PO8 as the building design will integrate and provide
an interesting streetscape and will not visually dominate the street. As such the proposed building
is considered to be low rise and consistent with structures on adjoining premises and will not cause
any issues of overshadowing or obscure views of neighbouring properties.
Figure 11 – Portion of Roof Over Height
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Setbacks
Rear Setback
Acceptable Outcome AO12.1 of the Medium Density Residential Zone Code requires a minimum
rear setback of 6 metres. The proposal includes a rear setback of 4.2 metres to the outermost
projection of unit 1 and 4.8 metres to the main wall line and as such does not comply with the AO.
PO12
Buildings and structures are designed and sited to:
a) provide a high level of amenity to users of the subject site and adjoining premises,
including provision of visual and acoustic privacy;
b) not unreasonably obstruct views or cause overlooking of private open space or habitable
areas of adjoining premises;
c) provide adequate distance from adjoining land uses;
d) preserve existing vegetation that will help buffer development;
e) allow for space and landscaping to be provided between buildings including adequate
area at ground level for landscaping with trees, shrubs, outdoor living and utilities;
f) be consistent with the predominant character of the surrounding area; and
g) protect the natural character and avoid adverse impacts on ecologically important
areas such as national parks, waterways and wetlands.
The proposed rear setback is considered to comply with PO12 as it will not unreasonably obstruct
views or cause overlooking of private open space or habitable rooms of adjoining properties and
will provide a high level of amenity to users of the subject site. The proposed setback is also
considered to be consistent with the predominant character of the surrounding area, with similar
rear setbacks in the area. The duplex currently being constructed on the adjoining property at 75
Southern Cross Parade was approved with a rear setback of 4.8 metres and Council’s aerial
mapping shows the duplex at 71 Southern Cross Parade has a rear setback of approximately 4.1
metres.
Garage Doors
Acceptable Outcome AO15.2 of the Medium Density Residential Zone Code requires that ‘where
multiple garages face the street, they are separated by a minimum of 2 metres or are staggered in
setback by a minimum of 1 metre’.
The proposed garage doors do not comply with AO15.2 as the garage doors are not staggered in
setback and are only separated 1 metre.
PO15
Garages, garage doors and carports do not dominate the street or the building design.
The proposal is considered to comply with PO15 as the garages are well setback from the front of
the property (8.5 metres) and the design of the units are well articulated to provide visual interest
to the street. The proposal also includes landscaping within the front setback to help buffer the
development from the street.
To further articulate and break up the design of the units and garage doors, it is considered
appropriate to include plan amendments to require the incorporation of a mix of building materials
to the front balustrade to further articulate and break up the front façade design.
Cut & Fill
Acceptable Outcome AO22.1 of the Medium Density Residential Zone Code requires a maximum
cut and fill of 1.5 metres in depth. The proposal includes cut and fill exceeding 1.5 metres in the
private open space areas of unit 1 and part of unit 2 to provide a more level building pad and
therefore does not comply with the AO.
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PO22
Development:
a) has minimal impact on the natural landform of the site;
b) does not lead to erosion or the transport of sediments off site; and
c) does not lead to the disturbance of natural features, buildings or structures of cultural
heritage significance.
The proposed cut and fill is limited to the rear of unit 1 and a small portion of unit 2. The cut and fill
will not be visible from the street and will not impact on the amenity of surrounding site as the
finished levels will be lower than the adjoining areas. The retaining wall will only be visible to the
subject site and excavation will not lead to the erosion or transport of sediments off the site.
Figure 12 – Proposed Cut and Fill
Landslide Hazard Overlay
A majority of the subject site is located in a mapped moderate landslide hazard area. The proposed
development complies with the requirements of the Landslide Hazard Overlay Code (AO1.3) as
the applicant has provided a site-specific geotechnical investigation that has assessed that there
would be a low risk of slope instability affecting the proposed development.
4. CONSULTATION
4.1. Referral Agencies
The applicant was referred to the following Referral Agencies:
• Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for Schedule 10, Division 3, Table 1 (Planning Regulation
2017): Premises contaminated because of unexploded ordnance.
The Department has responded conditioning that written confirmation is provided to the
Department of State Development, Infrastructure, Local Government and Planning by an approved
contractor that the subject site has been remediated and cleared of Unexploded Ordnances.
The Department has also advised that the applicant is to provide the owner, occupier and any
person employed to work on the subject site the following information:
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(a) Residual UXO may still exist following remediation and all work should proceed with due
caution.
(b) The procedure to be followed by any person finding an object suspected of being
explosive ordnance or component thereof:
• advise the Police immediately
• do not disturb the object
• take action, where appropriate, to prevent it being disturbed by another person
• note its approximate dimensions and general appearance
• note the route to its location.
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Environment officer – comments and conditions provided.
• Standard Landscape Conditions provided
• 2 new street trees to be provided
• Species utilised throughout the development are generally in accordance with the
PSP2.
• Street tree bonding to form part frontage work bond
Appropriately sized screening plants have been provided to the frontage landscape and
along each of the boundaries.
• Engineering officer – comments and conditions provided.
The applicant is proposing to demolish an existing single dwelling house and reconstruct a
duplex along Southern Cross Parade. Southern Cross Parade is subject to steep lateral
grades. The proposed development includes an approximate 2.2m cut along the southern
boundary and south-western corner. All civil works have been designed and endorsed by a
suitably qualified person (RPEQ). Engineering believe that the proposed development
achieves compliance with all relevant standards and recommends the following conditions.
Engineering recommends that a $5,000 bond be applied for the proposed municipal works.
The works are considered minor and includes the removal of the existing crossover,
construction of the proposed crossover and reinstatement of a section of footpath and kerb.
Engineering do not believe an As Constructed Package is necessary given the nature of the
works and, in this instance, are willing to accept a post-construction inspection as
certification. As such, the planner may decide to include this bond amount as part of any
higher order bond or include as a separate municipal works bond.
5. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU22/0197, OPW22/0296, RAL22/0031 for a Material Change of
Use – Dual Occupancy situated at 73 Southern Cross Pde Sunrise Beach Qld 4567 and described
as Lot 672 RP 225123, it is recommended the application be approved in accordance with the
following details for the Decision Notice:
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1. APPLICATION DETAILS
Application No: MCU22/0197
Street address: 73 Southern Cross Pde Sunrise Beach Qld 4567
Real property description: Lot 672 RP 225123
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Material Change of Use – Dual Occupancy
• Development Permit for Operational Works – Landscaping, Roadwork, Stormwater &
Clearing Vegetation
• Development Permit for Reconfiguring a Lot – Subdivision by Community Title Scheme (1
into 3 lots)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
MATERIAL CHANGE OF USE
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.
Currency Period
2. This development approval lapses if the use has not happened by 15 June 2029, unless an
application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Operational Works*.
Plan No. Rev. Plan/Document Name Date
A.002 B Site Plan, prepared by Zest Design 31/01/2023
A.100 C Master Floor Plan, prepared by Zest Design 31/01/2023
A.300 B Sections, prepared by Zest Design 31/01/2023
A.301 A Sections, prepared by Zest Design 31/01/2023
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
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A.200 C Elevations, prepared by Zest Design 31/01/2023
Amendments The front balustrade is to include a mix of building materials or design
to further articulate the front façade of the building.
*(Refer to Advisory Note)
Building Height
4. The maximum height of the development must not exceed 8 metres above the ground level
and the exposed portion of the external façade of the building, except for the apex of the roof
of unit 1 which must not exceed 8.17 metres.
5. 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.
Performance Bond
6. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to pre-
start meeting. 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.
Street Identification
7. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate, the
building name.
Water & Sewer Connections
8. An underground connection to reticulated water and sewerage must be provided to the
premises in accordance with the standards and requirements of Northern SEQ Distributor–
Retailer Authority (Unitywater).
9. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater)
must be submitted to Council that certifies an underground connection to reticulated water
and sewerage has been provided to the premises.
Building Appearance
10. All deck and balcony areas above ground level must not be enclosed with shutters, louvres,
glass panelling or the like.
11. External colours and finishes must be of an understated colour scheme and low-reflective
roofing and cladding materials.
12. All air conditioning units or other mechanical equipment must be located at ground level, or
otherwise fully enclosed or screened such that they are not visible from the street frontages
nor adjoining properties.
13. Waste storage areas, clothes drying areas and external storage areas must be screened
from view of the street.
Clothes Drying Areas
14. Each dwelling unit must be provided with access to an outdoor clothesline which is screened
from public view.
Fencing and Walls
15. Fencing must:
a. Be located wholly within lot boundaries.
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b. Front fences are no more than 1.2 metres high or 1.8 metres if at least 80% transparent.
c. Be setback an average of 1 metre with dense screening landscaping between boundary
and fence.
Waste Management
16. A waste storage area must be provided in accordance with Planning Scheme Policy 9, Waste
Management and the Noosa Plan’s Waste Management Code, including an external
imperviously paved area correctly sized for all refuse and recycling containers and suitably
screened from public places and neighbouring properties.
Community Management Statement
17. Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
Landscaping Works
18. The development site must be landscaped. The works must be undertaken in accordance
with the Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. the works shown on the Approved Plans.
b. 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.
19. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
20. Certification must be submitted to Council from a qualified person* which certifies that the
development has been constructed in accordance with the landscaping works conditions of
this Decision Notice.
*(Refer to Advisory Note)
External Works
21. Southern Cross Parade must be upgraded for the length of its frontage to the subject site.
The works must be undertaken in accordance with the conditions held within this Decision
Notice, be generally in accordance with RECOR’s Stormwater Layout Plan (040, Rev. B)
dated 23 February 2023 and must include in particular:
c. construction of kerb and channelling and underground stormwater drainage to the
development side only;
d. removal of the existing property access and reinstatement of the kerb, footpath (1.5-
metre-wide) and verge area to match the balance of the site frontage, including the
provision of topsoil and turf where the existing verge is grassed; and
e. construction of a 1.5-metre-wide pedestrian footpath across the full length of the
frontage and in accordance with the conditions of this Decision Notice.
Site Access and Driveways
22. A sealed access driveway must be provided from Southern Cross Parade to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
the conditions held within this Decision Notice and be generally in accordance with RECOR’s
Driveway Layout Plan (010, Rev. B) dated 23 February 2023.
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Car Parking
23. A minimum of 4 covered car parking spaces must be provided on the site. The works must
be undertaken in accordance with the conditions held within this Decision Notice and must
include in particular:
a. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
Stormwater Drainage
24. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with the conditions held within this
Decision Notice and be generally in accordance with:
a. RECOR’s Stormwater Layout Plan (040, Rev. B) dated 23 February 2023; and
b. RECOR’s Stormwater Longitudinal Sections (046, Rev. B) dated 23 February 2023.
Easements
25. 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.
26. 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.
27. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
28. All works must be carried out in accordance with the recommendations contained in the site-
specific Geotechnical report prepared by Tectonic (22393-001-Rev0) dated 26 October
2022.
Earthworks and Retaining Walls
29. All fill and associated batters must be undertaken in accordance with the conditions held
within this Decision Notice, be contained entirely within the subject site unless written
permission from the respective landowner(s) is provided to Council and be generally in
accordance with:
a. RECOR’s Bulk Earthworks Layout Plan (020, Rev. B) dated 23 February 2023; and
b. RECOR’s Earthworks Longitudinal Sections (021, Rev. B) dated 23 February 2023.
30. 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. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
OPERATIONAL WORKS
APPROVED PLANS
31. 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
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010 B Driveway Layout Plan 23 February 2023
Prepared by RECOR Consulting
020 B Bulk Earthworks Layout Plan 23 February 2023
Prepared by RECOR Consulting
021 B Earthworks Longitudinal Sections 23 February 2023
Prepared by RECOR Consulting
040 B Stormwater Layout Plan 23 February 2023
Prepared by RECOR Consulting
046 B Stormwater Longitudinal Sections 23 February 2023
Prepared by RECOR Consulting
CURRENCY PERIOD
32. The Currency Period for this development approval lapses if the development has not
substantially started by 15 June 2025, unless an application to extend the currency period is
approved by Council.
Site Specific Conditions
Bonds
33. A site control and/or compliance bond of $5,000 is to be submitted to Council prior to the pre-
start meeting. The pre-start meeting will only be held 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.
34. 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.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
35. All necessary approvals from external service providers (e.g., Unitywater) and external
parties on which the development works are proposed have been obtained and a copy
supplied to Council.
36. 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.
37. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
38. 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 6500. The
pre-start meeting must include the relevant parties for the following aspects of the works:
d. Civil engineering works;
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e. Landscape works; and
f. Other relevant parties.
39. A Construction Management Plan must be submitted to Council prior to the pre-start meeting
and must specifically address the following:
g. Traffic Management during all aspects of the construct phase including:
i. A Traffic Management Control Plan in accordance with Manual of Uniform Traffic
Control Devices (MUTCD) detailing all temporary signage and traffic control
measures prior to construction;
ii. Maintenance of safe vehicle and pedestrian access across the frontage of the
site both during daily construction and after daily construction has ceased;
iii. Proposed fencing to the site during the construction phase of the development;
iv. Adequate parking arrangements for construction workers; and
h. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures
40. 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.
41. 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.
DURING CONSTRUCTION
Engineering
42. 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.
43. 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.
44. All works must be constructed and work procedure undertaken in accordance with:
i. The approved plans/documents and conditions detailed in this Decision Notice;
j. The relevant conditions of the higher order Material Change of Use/Reconfiguration of
Lot approval MCU22/0197 to which this approval relates;
k. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines; and
l. 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
45. Safe vehicle and 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.
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46. All frontage works must match neatly with existing road and verge/footpath features.
Additional works beyond the frontage may be required to provide an acceptable transition to
existing road and verge/footpath profiles.
47. 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.
Pathways
48. All pathways must be constructed in accordance with the following requirements:
a. All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065;
b. Provision must be made for disabled access at all kerb crossings associated with
pathways, in accordance with Council's current standards;
c. All paths must have a slip resistant surface;
d. Expansion and contraction joints must provide a flush finish. Installation of joints by
saw cutting is preferred to ensure a smooth ride for cyclists; and
e. The required work includes any modifications to ensure the footpath finishes flush with
all existing service covers and the like, or alternatively these services are raised or
altered, so as not to create a pedestrian safety hazard.
49. Pathways must:
a. terminate in a manner that ensures smooth transition to existing surfaces for public
safety; and
b. be designed and constructed to comply with the Disability Discrimination Act (DDA),
Access to Premises Standard, Austroads and relevant sections of AS1428 Design for
access and mobility.
Site Access and Driveways
50. Driveway crossovers must be constructed in accordance with Council’s Standard Drawings
RS-049, RS-050 and any associated addendum.
51. Any existing unnecessary or redundant property accesses must be removed, and the kerb,
footpath and verge area reinstated to match the existing footpath and/or verge treatments.
Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed
or turf, and must be maintained by the developer until established.
52. The following must be complied with during the construction of the required
crossover/driveway:
a. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete;
b. The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties;
c. Underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway;
d. Where there is an existing pedestrian path, a matching crossfall must be provided for
the driveway on the alignment of the path, for the full width of the path; and
e. The property access must be located a minimum of 1m clear of existing power poles,
streetlights or other signage. The developer is responsible for any necessary relocation
of existing services to provide this clearance and must contact the relevant service
authorities and comply with their requirements in relation to these works.
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Earthworks and Retaining Walls
53. 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 prior to Council signing
the Plan of Survey.
54. Fall protection must be provided to retaining walls that are over 1m high.
55. Slope and batters are a maximum grade of:
a. 1 in 6 where in proximity to waterbodies;
b. 1 in 4 for grassed areas;
c. 1 in 3 for planted areas; and
d. 1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
56. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
57. Works associated with this permit must not adversely impact on the existing drainage
conditions on other properties (e.g., by blocking or interfering with natural overland flows).
58. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
59. The maximum discharge flow rate to a Legal Point of Discharge must not exceed 25 l/s in a
1% AEP event.
Erosion and Sediment Control
60. Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
Regulation 2019) 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.
61. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system, natural waterways, any downstream stormwater filtration
system or adversely impacting on other properties. The sediment and erosion control design
and measures have NOT been approved, it is the site's Supervising Engineer who is
responsible for ensuring that the sediment and erosion control measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods;
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods;
c. Been revised to address predicted rainfall events; and
d. Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be
found inefficient.
62. The erosion and sediment control measures must be designed, installed and maintained in
accordance with the supervising engineer instructions and the current best practice
standards * (Refer to Advisory Note).
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63. The developer must ensure sediment does not leave the site or enter onto adjoining
properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or
machinery. It is essential to implement appropriate approved erosion and sediment control
measures throughout the site during all phases of construction including vehicle shakedown
pad/grid (or similar) at the access to the construction site. Where sediments or other
contaminants are deposited on a road, they must be removed so as not to enter Council’s
drainage system or waterways.
64. Prior to the completion of the development and commencement of use, 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. 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.
Damage to Services and Assets
65. 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.
PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY
Certification
66. 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.
67. A final inspection and approval of the new driveway and completed reinstatement works by
Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the
inspection.
LANDSCAPE CONDITIONS
DURING CONSTRUCTION
68. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice.
b. The relevant conditions of the higher order Material Change of Use approval viz.
MCU22/0197 to which this approval relates.
c. All relevant Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.
Fauna Management
69. Prior to felling or pruning, all trees are to be checked for wildlife (i.e. koalas, possums, birds
etc.) If wildlife is present, the tree vegetation must not be felled or pruned until the wildlife
has left vegetation or has been relocated by a qualified fauna spotter catcher.
*(Refer to Advisory Note)
Removal of Existing Trees and Vegetation
70. Removal of existing trees and vegetation must be undertaken by a qualified person* and
must include:
a. Legal disposal of all removed vegetation and debris.
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*(Refer to Advisory Note)
Landscaping Works
71. Landscape works must be supervised, undertaken and certified by qualified persons*. All
works must be completed in accordance with this Decision Notice.
(* Refer to Advisory Note)
72. Where damage occurs to any Council asset as a result of the development works, it must be
repaired immediately where it creates a hazard that presents risk to person or property. Other
damage must be repaired prior to completion of works.
73. Street trees must:
b. Meet AS2303 Tree stock for landscape use.
c. Be located in accordance with engineering requirements for safe vehicle and
pedestrian sight lines.
Plans and Documents
74. 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
ED 23114 OPW - 01 A Site Layout Plan by Element Design 5/04/2023
ED 23114 OPW - 02 A Planting Plan by Element Design 5/04/2023
ED 23114 OPW - 03 A Planting Plan by Element Design 5/04/2023
ED 23114 OPW - 04 A Planting Plan by Element Design 5/04/2023
ED 23114 OPW - 05 A Plant List & Specification Plan by 5/04/2023
Element Design
RECONFIGURATION OF LOT
When Conditions Must Be Complied With
75. 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
- - Community Title Subdivision Plan, prepared 14/11/2022
by applicant
Currency Period
76. This development approval lapses if the use has not happened by 15 June 2027, unless an
application to extend the currency period is approved by Council.
Plan Sealing
77. Prior to Council sealing the plan of survey, all works described within this Decision Notice
must be completed and accepted by a Council representative.
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Services
78. Reticulated electricity and telecommunication services must be provided to each lot in
accordance with the approval for Operational Works and the standards and requirements of
the relevant service provider.
79. Unless otherwise stipulated by telecommunications legislation at the time of construction, the
development must be provided with all necessary conduits, pits and pipes to accommodate
the future connection of optic fibre technology telecommunications.
80. Certification must be submitted to Council from all relevant service providers (Energex, NBN
and Unitywater which certifies that the development has met the requirements of this
Decision Notice and all applicable legislation at the time of construction.
81. Certification must be submitted to Council from a qualified person* which certifies that the
development has been constructed in accordance with the landscape conditions of this
Decision Notice.
*(Refer to Advisory Note)
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
22393-001 Rev0 Geotechnical Investigation and Slope Stability 26/10/2022
Assessment, prepared by Tectonic Geotechnical &
Environmental Engineers
6. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Concurrence SARA at DILGP SARA Schedule 10, Part 4, The agency provided its
at DILGP Via MyDAS2 Division 3, Table 1 response on 10
at https://prod2.dev- (Planning Regulation January 2023
assess.qld.gov.au/suite 2017): Premises (Reference No. 2212-
/ (for assistance, contaminated because of 32310 SRA). A copy of
contact DILGP at 5352 unexploded ordnance. the response is
9701 or attached.
email:[email protected]
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager 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. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
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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:
d. the Disability Discrimination Act 1992 (Commonwealth);
e. the Anti-Discrimination Act 1991 (Queensland); and
f. the Disability (Access to Premises – Buildings) Standards.
Sustainability
3. 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.
General Advisory Notes
4. As this driveway is a private structure, the owner bears full responsibly for the standard of its
construction, maintenance and any liabilities associated with its construction. It is
recommended that professional advice be sought for the construction of the driveway to
ensure that the driveway is constructed in accordance with standard drawings RS-049, RS-
050 and any associated addendum.
5. 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.
6. 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.
7. 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 Planning Act
2016 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
8. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
9. 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.
Environmental Advisory Notes
10. 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
11. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
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12. Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
Engineer of Queensland (RPEQ).
13. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
g. 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
h. 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.
Building and Construction Industry (Portable Long Service Leave) Levy
14. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Removal of Existing Trees and Vegetation
15. Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
well as optimum weed seed sterilisation.
Qualified Person
16. Qualified Person, for the purpose of:
i. Supervising landscape works and preparing a landscape certification, is considered to
be a landscape architect, landscape designer or horticulturist with a minimum of three
years current experience in the field of landscape design.
j. Undertaking landscape construction and establishment works is considered to be a
person with five years current experience in commercial landscape construction
projects.
k. Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
l. Undertaking, supervising tree works and preparing arboriculture certification, is
considered to be a person with a minimum three years current experience in tree
protection, hazard identification/mitigation and AS2303 Tree stock for landscape use
assessment and either:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture.
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 Building Works Demolition, all building work.
11. SUBMISSIONS
Not applicable.
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12. 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.
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.
13. 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.
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