Delegated Report - Code - Planning MCU20 0127

Author	Coordinator Planning, Patrick Murphy
Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0127 and OPW20/0211
Applicant	Devcon Capital 9 P/L
Proposal	Material Change of Use - Low Impact Industry and Warehouse Operational Works - Roadworks, Stormwater, Drainage Work, Earthworks and Landscaping.
Properly Made Date	27 November 2020
Information Request Date	16 December 2020
Information Response Date	24 February 2021
Decision Due Date	7 April 2021
Report Completed Date	6 April 2021
Report Reviewed By	Kerri Coyle

PROPERTY DETAILS
Property Address	11 Leo Alley Rd Noosaville Qld 4566
RP Description	Lot 252 SP 104257
Land Area	4997m²
Existing Use of Land	Industrial shed and office

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Impact Industry
Precinct	Not Applicable
Local Plan Area	Noosaville
Overlays	Land Subject to Acid Sulfate Soils: above 5 metres AHD to 20 AHD
Assessment Type	Code

PROPOSAL
The application seeks approval for a Material Change of Use - Low impact industry and Warehouse.
The proposal is for 21 industrial units to be used as either Low impact industry or Warehouse, the total gross floor area is 2,800m2. The units range in size from 85m2 to 267m2 with 12 of the units incorporate mezzanines which range in size from 15m2 to 60m2. The proposal includes 33 onsite carparks, including one disabled park, and eight motorbike parks. The units in Blocks C and E include rear fencing between individual units.
A combined Operational Works application has been made for Roadworks, Stormwater, Drainage Work, Earthworks and Landscaping.
The following images detail the proposal plans:

Figure 1 – Ground floor plan

Figure 2 – Mezzanine floor plan

Figure 3 – Elevations

Figure 4 – Renders
site details
Background
The subject site was created in 1998. The existing shed onsite received a building approval in May 2003 for a 270m2 Industrial Building and Office.
An approval for Material Change of Use for an Industrial Business - Type 1 Warehouse and Type 2 Production, alteration, repackaging and repairing was issued on 30 October 2019.
The approval was for 26 industrial tenancies with the approved use areas being:
Industrial Business Type 1 = 900m2
Industrial Business Type 2 – 1025m2

Site Description
The subject site is a 4997m2 rear L shaped lot, with access off Leo Alley Road. The site is relatively flat, with mature vegetation along the eastern, northern and western boundaries. The site contains an existing industrial shed and office, which will be demolished to allow for the new development. The site contains two easements, including along the full length of the eastern boundary, and a second running the width of the site, along the boundary with 13 Leo Alley Road.

Figure 5 – Locality Plan

Figure 6: Subject Site

Surrounding Land Uses
The subject site is located within an industrial area, with surrounding development to the west being characterised predominantly by industrial uses. Land immediately to the east is currently vacant, however is zoned Shire Business Centre and is within proximity to Noosa Civic, located approximately 150m east of the subject site.

assessment
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.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Medium Impact Industry Zone Code;
Noosaville Local Plan Code;
Industry Activities Code;
Works Codes;
Acid Sulfate Soils Overlay Code
The subject site is located in Noosaville and is zoned Medium Impact Industry. 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 metres	N/A 10 metres	2 storeys 9.29 metres	
Boundary setbacks Frontage Side (east) Side (west) Rear	6 metres min 3 metres min 0 metres min 0 metres min	6.24 metres 6.27 metres 0.25 metres 0 metres	
Landscaped open space Soft landscaping	15% =  749.55m² min < min 60% of total	757m²	
Carparking	33 min 8 scooter spaces	33 8	
Bicycle Spaces End of Trip Facilities* *(required only where 5 + spaces are required)	9 bicycle spaces 1 locker per 2 bicycle spaces and; 1 shower cubicle with ancillary change room per 10 bicycle spaces	9 bicycle spaces 12 lockers A shower cubicle is located within 15 of the 21 units	

The proposal has demonstrated compliance with the relevant provisions within the Noosa Plan and provides for a built form consistent with the outcomes sought within the Medium Impact Industry Zone Code noting that the proposed design:
Provides interest to the street with a well-articulated facade, a mix of external building materials and a varied roof form.
Buildings are articulated and use a mix of materials and appropriate design techniques to soften the bulk and scale of the building.

The applicant has advised that the buildings are not to be used for the purpose of self-storage. Aaccordingly a condition will be included prohibiting the self-storage use.

The application material has been reviewed by Council’s Development Engineer and deemed to be satisfactory with regards to vehicle/truck manoeuvring and water quantity/quality outcomes.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Development Engineering Officer
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 MCU20/0127 and OPW20/0211 for a Material Change of Use - Low Impact Industry and Warehouse situated at 11 Leo Alley Rd Noosaville Qld 4566 and described as Lot 252 SP 104257, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU20/0127 and OPW20/0211
Street address:	11 Leo Alley Rd Noosaville Qld 4566
Real property description:	Lot 252 SP 104257
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Low impact industry and Warehouse
Development Permit for Operational Works - Roadworks, Stormwater, Drainage Work, Earthworks and Landscaping.
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
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
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
3137-DA02	10	Site Plan – Ground Level prepared by Blackburne Jackson	23.02.2021
3137-DA03	08	Site Plan – Mezzanine Level prepared by Blackburne Jackson	23.02.2021
3137-DA04	04	Roof Plan prepared by Blackburne Jackson	22.10.2020
3137-DA05	07	Elevations prepared by Blackburne Jackson	23.02.2021
3137-DA06	07	Elevations prepared by Blackburne Jackson	23.02.2021
3137-DA14	01	Amenities Facilities prepared by Blackburne Jackson	13.01.2021
Nature and Extent of Approved Use
This development approval is for 21 industrial tenancies, to be used as either Low Impact Industry or Warehouse, and amenities building with a total gross floor area of 2800m2.
The approved buildings must not be used for the purpose of self-storage facilities.
Any display and retail sale of goods must remain an ancillary component to the approved use, have a direct relationship with the industry use (i.e. result from the industrial business activity) and must not exceed.
Any food and drink outlet must remain an ancillary component to the approved use, have a direct relationship with the industrial use (i.e. result from the industrial business activity) and must not exceed 30% of the total gross floor area of the tenancy or 60m2 whichever is the lesser.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 1 April 2027, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 10 metres above the finished ground level and the natural ground level.
Building Appearance
The development must be finished with subdued external building colours and a mix of materials and textures as shown depicted on Drawing No. 3137-DA08 & 3137-DA09 prepared by Blackburn Jackson and dated 23 February 2021.
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $15,000.00 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational 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 Works
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.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Street Identification
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
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
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 development site.
Community Management Statement
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.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
Site Access and Driveways
A sealed access driveway must be provided from Leo Alley Rd to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with the conditions of this approval and must include in particular, a driveway crossover generally in accordance with Council’s standard drawing RS-051 and in accordance with the approved plans.
Car Parking
A minimum of 33 car parking and 8 motorcycle spaces must be provided and marked on the site, and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with the conditions of this Decision Notice and must include in particular:
pedestrian routes in accordance with the conditions of this Decision Notice;
provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code;
1 disabled parking space/s within the total;
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Service Vehicles
Service vehicle parking, manoeuvring and standing spaces must be provided on the site. The works must be undertaken in accordance with the conditions of this Decision Notice and must include in particular:
1 MRV space.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with the conditions of this Decision Notice and must include in particular:
pedestrian pathways between the proposed car parking area and the buildings;
adequate separation of all specific pedestrian routes from vehicle access and manoeuvring areas, and clear demarcation by pavement marking, signposts or changes in surface materials or levels;
signage and lighting at strategic locations to direct people to building entries and public toilet facilities;
a total of 9 bicycle parking spaces;
end of trip facilities involving 12 lockers,  male and female showers and change rooms.
Stormwater Drainage
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 of this Decision Notice; and
generally in accordance with report titled “Stormwater Management Plan”, No AG/AG/26719Rpt, Issue E, dated February 2021 and prepared by Covey Associates Pty Ltd.
Stormwater Management
Permanent educational signage must be erected to educate the public about the function of the bioretention devices.
All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). Records of all maintenance activities undertaken must be kept and made available to Council upon request.
Any proposed Community Management Statement required for the development must include Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) and must include the full cost of maintaining the system in accordance with Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The cost of maintaining the system must be included in the proposed levies for each shed owner.
Services
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.
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.
Easements
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.
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.
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
All fill and associated 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; and
Tectonic’s technical note, named “Proposed Industrial Complex, 11 Leo Alley Road, Noosaville”, dated 4/02/2021 and signed by Ashley Davey.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
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.
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.
Noise
Mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc. must be situated within the building or suitably provided with noise reduction measures and located as to prevent a noise nuisance beyond the boundary of the site and not exceed the levels specified in Table 1.

Table 1
NOISE LIMITS AT A SENSITIVE RECEPTOR (Excludes On-Site Ancillary Dwelling Unit – Caretakers Unit)
PERIOD	Noise level at noise sensitive place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 5 dB(A)
6pm – 10pm	Background noise level plus 5 dB(A)
10pm – 7am	Inaudible
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 10 dB(A)
6pm – 10pm	Background noise level plus10 dB(A)
10pm – 7am	Background noise level plus 8 dB(A)
When requested by Noosa Council, a Noise Impact Assessment Report (NIAR) showing monitoring and recording of noise levels must be undertaken to investigate any non-vexatious complaint caused by noise emissions from operations at the premises. Such monitoring must be undertaken and completed within a reasonable and practicable timeframe as nominated by council and be performed by a suitably qualified and experienced person.
The NIAR must be submitted to Council detailing the results of such monitoring and recommendations for any measures to achieve compliance with limits outlined in Table 1 of this Decision Notice.
Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with Australian Standard AS1055.1 “Acoustics – Description and measurement of environmental noise – General procedures”.
For the purpose of measuring and certifying relevant noise conditions and reporting (eg. mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc ), a suitably qualified person is either:
Registered Professional Engineer of Queensland, or
an environmental consultant with a minimum of 3 years current experience in the field of acoustics.
Air
Offensive odours, dust, smoke, fumes, particulates, or other contaminants likely to cause a nuisance must not be emitted beyond the boundaries of the premises.
Incineration or open burning is not permitted on the premises.
Outdoor Lighting Devices
Lighting associated with the use must be designed, sited, installed and tested to comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting” using a control level of 1.

Waste Disposal
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”. The facilities must include an impervious area, within the site, correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.

OPW20/0211
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
C001	E	Stormwater Management Plan Prepared by Covey Associates Pty Ltd	16/02/2021
C100	E	Bulk Earthworks Plan Prepared by Covey Associates Pty Ltd	16/02/2021
C110	D	Retaining Wall Details Prepared by Covey Associates Pty Ltd	16/02/2021
C120	C	Site Sections Prepared by Covey Associates Pty Ltd	16/02/2021
C200	D	External Pavement Plan Prepared by Covey Associates Pty Ltd	16/02/2021
C300	C	Stormwater Details Prepared by Covey Associates Pty Ltd	16/02/2021
L0001	D	Extent of Works Prepared by Covey Associates Pty Ltd	16.02.2021
L100	D	Landscape Plan Prepared by Covey Associates Pty Ltd	16.02.2021
L101	D	Landscape Plan Prepared by Covey Associates Pty Ltd	16.02.2021
L102	D	Landscape Plan Prepared by Covey Associates Pty Ltd	16.02.2021
L200	D	Landscape Details and Specification Prepared by Covey Associates Pty Ltd	16.02.2021
L201	D	Landscape Details Prepared by Covey Associates Pty Ltd	16.02.2021
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 1 April 2023, unless an application to extend the currency period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
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.
A condition report of the drainage system must be completed for agreement prior to the prestart meeting. The condition report is to include a CCTV inspection of the existing pit on the corner of Leo Alley Road and Production Street to which catchment B (as shown in Covey’s drawing No C380, Rev D, dated 16/02/2021, titled “Stormwater Catchment Plan”) is proposed to discharge to and must include at least 50m upstream and downstream of all works.
A condition report including photographs of the frontage of the site must be completed and submitted to council prior to the prestart meeting.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to 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 6500. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Landscape works;
Erosion and sediment control works;
Other relevant parties
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD);
provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
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.
Erosion and Sediment Control
A ‘for construction’ Erosion and Sediment Control Plan (E&SCP) must be provided to Council’s Delegate at least 2 weeks prior to the on-site pre-start meeting and prior to works commencing. The E&SCP must:
be prepared by a suitably qualified and experienced professional;
relate to each phase of the works (including clearing, earthworks, civil construction, services installation and landscaping) and detail the type, location, sequence and timing of measures and actions to effectively minimise erosion, manage flows and capture sediment;
be consistent with current best practice standards to the extent that the standards are not inconsistent with the conditions of approval and taking into account all environmental constraints including erosion hazard, season, climate, soil, and proximity to waterways;
provide sufficient detail regarding the manner in which compliance with all conditions of this permit relating to E&SC is to be achieved;
include details of proposed flocculants and automatic dosing systems for sediment basins, including jar testing results; and
include the results of all soil investigations undertaken for the site and on which the E&SCP is based.
DURING CONSTRUCTION
Engineering
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;
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.
Pavement Design and Construction
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
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.
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.
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.
Site Access and Driveways
Driveway crossovers must be constructed in accordance with council’s Standard Drawing RS-051.
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.
The following must be complied with during the construction of the required crossover/driveway:
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete;
The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties;
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
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.
Earthworks and Retaining Walls
All earthworks must 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 2’ as defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and uniformity of fill must be provided by a RPEQ and submitted to Council prior to requesting the works be accepted On-Maintenance.
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
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 (e.g. by blocking or interfering with natural overland flows).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Bioretention Devices
During construction and establishment of the bioretention devices, the supervising RPEQ must ensure that the device was constructed in accordance with the document Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009) and that the forms contained in section 3.15 including the associated supporting information and data are completed. These forms and certification from the RPEQ that the device has been constructed in accordance with the Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009), all conditions of approval, and the approved engineering drawings must be submitted to Council prior to commencement of use.
A construction hold point with a council delegate must be established once the bioretention device underdrainage pipe work is installed. At the time of inspection, a sample of the drainage layer, transition layer, and filtration media materials must be stockpiled on-site.  Laboratory results must be provided for the filter media which demonstrate that the media complies with the specifications contained in the latest version of the “Guidelines for Soil Filter Media in Bioretention Systems” (produced by the Facility for Advancing Water Biofiltration) and that the minimum hydraulic conductivity specified on the approved engineering plans will be achieved. In addition laboratory results must be provided demonstrating that the transition layer and drainage layer meet the following bridging criteria:
D15 (drainage layer) ≤ 5 × D85 (transition layer)
D15 (transition layer) ≤ 5 × D85 (filter media)
The drainage layer, transition layer, and filtration media materials must not be installed until the catchment draining to the bioretention device has 70% groundcover as determined by Council’s delegate.
Erosion and Sediment Control
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. These measures must be designed, implemented and maintained in accordance with “Best Practice Erosion and Sediment Control” published by the International Erosion Control Association (Australasian Chapter) (IECA, 2008), to the extent that such measures and practices are also consistent with the following:
Minimise Erosion
For areas of the site which drain to a sediment basin, implement drainage and erosion control measures prior to rainfall which prevent or minimise rill erosion and gully erosion
For areas of the site which do not drain to a sediment basin, implement drainage and erosion control measures prior to rainfall (including contingency measures) which prevent or minimise erosion, including rain drop erosion, chemical erosion, rill erosion and gully erosion
Prior to the On-Maintenance inspection of the development, 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.
Manage concentrated stormwater flows
Prior to each rainfall event ensure concentrated stormwater flow paths are provided with capacity in accordance with IECA (2008) Table 4.3.1 and are structurally stable in all rainfall events for the following sources:
(a)		From stormwater catchments upslope of the area of disturbance which are either stable or external to the site, ensure stormwater is diverted or managed either:
around the site or through the site without causing erosion and without contaminating the flow; or
if it is impractical to convey the flows around or through the site, convey the flows into appropriately sized sediment basins without causing erosion
(b)	From all disturbed areas of the site to sediment basin(s) without causing erosion
Minimise sediment released from the site
Install and maintain sediment basins for each disturbed catchment area of the site  and including undisturbed catchments which cannot be diverted, such that:
(a)	Each basin is sized and operated in accordance with either a Type-A or Type-B sediment basin as documented in IECA (2008) Appendix B (June 2018).
(b)	Each basin is to be provided with an automated system of flocculent dosing and a suitable supply of flocculent/coagulant, with the type of flocculent/coagulant determined based on Chemical Coagulants and Flocculants Fact Sheet (IECA, 2018).
(c)	Markers are provided within each basin indicating the maximum sediment storage level and any additional water storage capacity for water reuse.
(d)	During discharge from the primary outlet system, the concentration of total suspended solids (“TSS”) discharged does not exceed 50mg/L and that pH is within the range of 6.5-8.5.
Install and maintain additional sediment control measures within the site, as necessary to maximise sediment capture.
Minimise the tracking of dirt from the site onto roadways. Ensure that all dirt on roadways caused by vehicles leaving the site is removed without causing water contamination, prior to rainfall and at least at the end of each work day.
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:
Been duly designed by an RPEQ or CPESC and constructed in accordance with "best practise" methods;
Been revised by an RPEQ or CPESC to address the issues raised by changes in the projected construction schedule and/or methods;
Been revised to address predicted rainfall events; and
Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be found inefficient.
Earthworks and the implementation of erosion and sediment controls are undertaken in ways which ensure flooding characteristics (including stormwater quantity characteristics) external to the development site are not worsened during construction for all events up to and including the 1% AEP (1 in 100 year ARI) event.
Drainage paths must be regularly inspected to ensure the sediment fences/measures are not being bypassed as a result of sediment build up. Sediment laden runoff must be prevented from leaving the subject site and entering neighbouring properties and/or stormwater systems.
A log book for the Erosion and Sediment Control measures and inspections must be maintained by the site manager and made readily available to Council when requested. The supervising engineer must verify and endorse the E&SC measures upon their installation, and periodically check these measures and the log book during construction and the stabilisation stages. Any defects in erosion and sediment control devices, such as sediment fences, are to be inspected and documented. Upon Inspection, the contractor is to determine whether the device should be replaced or repaired. Documentation is to include how the damage was caused and what measures can be implemented to reduce the possibility of repeat occurrences. Any damage to either permanent or temporary water quality control structures or devices is to be immediately rectified at the contractor’s expense.
The effectiveness of the erosion and sediment control devices must be monitored. All ESC measures are to be inspected:
at least daily (when work is occurring on site) or weekly (when work is not occurring on site); or
within 24 hours of expected rain; or
within 18 hours of a rainfall event (i.e. an event of sufficient intensity and duration to mobilise sediment on site).
Landscaping
The development site must be landscaped. The works must be undertaken in accordance with the approved plans and Noosa Plan 2020 Planning Scheme Policy PSP2 Landscaping for the Noosaville area.
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.
The finished level of all mulch in garden beds and landscaped medians is to be a minimum of 50mm below the level of the adjacent top of kerb. All landscaping is to be constructed in accordance with Council’s Planning Scheme Policy PSP03 Landscaping Plants and Guidelines.
Suitable root barriers must be installed where proposed trees are adjacent to paths, pavement etc in accordance with Council’s Planning Scheme Policy PSP03 Landscaping Plants and Guidelines.
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.
As Constructed Plans and ADAC XML Files (Council)
Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory “As-Constructed” records must be submitted to Council. The bundle of “As Constructed” information must include:
As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed) prepared in accordance with industry standards and recorded in “MGA - UTM56 / GDA94” projection.
Please Note: Further information and advice relating to the as-constructed drawing presentation, as-constructed survey capture and associated guidelines for preparation of a compliant ADAC XML digital file are available on the webpage titled “As-Constructed Guidelines” and accessible at the Noosa Council Website: Planning & Development / Development Tools & Guidelines / As-Constructed Guidelines.
The “As-Constructed” drawings will require certification by a:
Qualified experienced Civil Engineer (RPEQ) confirming design intent and conformance with applicable standards and specifications, along with the relevant descriptions of assets, services and structures and;
Licensed Surveyor in regard to the cadastral and locational information, levels and applicable survey datum.
The data must be in accordance with Council’s “Planning Scheme Policy 6 – Engineering Design Standards”, and fully detail the levels for all engineering works including but not limited to the drainage network and structures, finished ground and pavement surface levels.
CCTV
A condition report of the drainage system must be completed and submitted to Council prior to the On-Maintenance inspection. The condition report is to include a CCTV inspection of:
the existing pit on the corner of Leo Alley Road and Production Street to which catchment B (as shown in Covey’s drawing No C380, Rev D, dated 16/02/2021, titled “Stormwater Catchment Plan”) is proposed to drain and must include at least 50m upstream and downstream of all works; and
the new pit constructed on top of the existing stormwater pipe running along the eastern boundary of the subject property, and must include at least 50m upstream and downstream of all works.
On Maintenance
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to the On-Maintenance inspection. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
certification that all works have been undertaken and completed in accordance with the requirements of this Permit;
as Constructed details in accordance with Council’s Planning Scheme Policy;
maintenance and operational manuals for all proprietary or site specific devices.
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection.
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
a Council inspection reveals works do not comply with approval requirements;
submitted certification falsely states works comply with approval requirements.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Infrastructure Charges
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
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 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
Contact Council on 5329 6500 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 International Erosion Control Association Australasia Best Practice Erosion and Sediment Control
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).
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the On-Maintenance inspection:
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 request for On-Maintenance, 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.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
submissions
Not applicable.
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.
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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