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Delegated Report - Code - Planning MCU24 0112 [As Published] · MCU24/0112
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Development Planner, Matthew Pinese
Development Assessment
APPLICATION DETAILS
Application No. MCU24/0112
Applicant Snowlake Pty Ltd TTE
Proposal Material Change of Use - Multiple dwelling (4 Units)
Properly Made Date 30 August 2024
Information Request Date 1 October 2024
Information Response Date 12 November 2024
Decision Due Date 7 February 2025
Report Reviewed & Nadine Gorton 7.02.2025
Finalised By
PROPERTY DETAILS
Property Address 100 Hilton Terrace, Noosaville Qld 4566
RP Description Lot 1 on SP315600
Land Area 2724m²
Existing Use of Land Multiple dwellings
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential
Precinct Not applicable
Local Plan Area Noosaville
Overlays Land Subject to Acid Sulfate Soil
- 5 metres AHD or Below (Area 1)
Flood Hazard Overlay Map (OM-FH)
- Flooding and Inundation Extent
Assessment Type Code
Document Set ID: 23397734
Version: 12, Version Date: 14/02/2025
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1. PROPOSAL
The application seeks approval for a Material Change of Use - Multiple dwelling (4 Units).
Specifically, the proposal is for 2-storey townhouses, comprises of two 3-bedroom units and two
4-bedroom units. The development has a maximum building height of 8m above natural ground
level, with a combined gross floor area of approximately 544m2.
Each townhouse has private open space on the ground level to the northern rear boundary which
adjoins Chaplin Park. Additional private open space on level 1 is provided by terraces that are
accessible from bedroom 1. Each unit has a double lock up garage, a courtyard and a pool at the
ground level. The pool is approximately 700mm above ground level and does not contribute to site
cover.
Each unit is provided a 3000ltr rainwater tank, which is incorporated into the stormwater
management plan for the development.
The units are accessible by a safe, continuous and step free paths from the garage via 900mm
wide door open to the living area. There is a toilet at ground level. As part of the proposal, the
existing development on the site is to be demolished. The locality and proposal plan are included
below.
Figure 1 – Locality
Figure 2 – Site Plan
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Figure 3 – Floor Plan
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Figure 4 – Elevations
2. APPLICATION BACKGROUND
The application was properly made on 30 August 2024 and an Information Request was issued 1
October 2024. The Information Request was responded to on 12 November 2024. A Further Advice
letter was sent on 24 December 2024, and the applicant provided a full response on 28 January
2025. An extension to the decision making period was agreed to with the applicant until 7 February
2025 to allow the assessment of the revised plans.
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3. SITE DETAILS
3.1. Site History
Historically, an application for six multiple dwelling units was approved on 21 July 1977, on a
portion of the site. Then, in June 1987, another application for multiple dwellings (6 units) was
approved over another portion of the site. The most recent approval dated September 1977,
referenced 51987.2965 (TPC 12481 TC), was for a modification of the approval to allow for a total
of 15 units.
3.2. Site Description
The site is located on Lot 1 on SP315600 at 100 Hilton Terrace, Noosaville. The site has an area
of 2724m2 and is not burdened by easements. The land is not identified on the Contaminated Land
Register.
The site is accessed off a slip road that runs parallel to Hilton Terrace.
3.3. Surrounding Land Uses
The site borders Chaplain Park (zoned Recreation and Open Space) to the north, which is owned
by the State of Queensland and forms part of the foreshore to the Noosa River. To the east there
is a recently constructed dwelling house and to the west is an existing dwelling, which has had
additions and alterations approved within the side setback (RAB14/0115). The surrounding lots,
fronting Hilton Tce, Gympie Tce and Eumundi Noosa Road are predominantly zoned Medium
Density Residential whilst the Ivory Palms resort across the road is zoned Tourist Accommodation.
4. ASSESSMENT
4.1. 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 (25 September 2020).
4.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Medium Density Residential Zone Code;
• Noosaville Local Plan Code;
• Dual Occupancy and Multiple Dwelling Code;
• Works Codes;
• Acid Sulfate Soils Overlay Code; and
• Flood Overlay Code.
The subject site is located in Noosaville 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
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Criteria Planning Scheme Proposal Complies
• metres 8 metres 8 metres
Site cover 40% 40%
Plot ratio 0.4:1 max. 0.4:1
Boundary setbacks
Ground Floor Plan / up to 4.5m
Frontage 6.0 metres min 7.5 metres -12.002 metres
Side (north) 1.5 metres min 2.5 metres
Side (south) 1.5 metres min 2.5 metres
Rear 6.0 metres min 10 metres
First Floor Plan / 4.5m – 7.5m
Frontage 6.0 metres min 7.5 metres -12.002 metres
Side (east) 2.0 – 2.5 metres min 1.9 metres eaves, wall
2.5m
2.5 metres
Side (west) 2.0 – 2.5 metres min
10.5 metres
Rear 3.0 - 6.0 metres min
Length of wall 15 metres max 14.75 metres
Roof Form
• Pitch Min 5 degrees 15 degrees
• Eaves Min 600mm to 75% Greater than 600mm to
75%
Landscaping
Landscaped open space 1089.50 m² min 1126.39 m²
Soft landscaping Min 653.7 m2 653.72 m²
Landscaping Setbacks Fence setback 1m and is Fence setback 1.4m and is
landscaped landscaped
Private open space 20m² min per unit on 32.78m² + on ground level
ground level or 9m2 with a for each unit
minimum dimension of
5m2 + on Level 1
2.5m
Carparking 2 covered min per unit 2 covered spaces per unit
and 2 covered small car
1 visitor min
parks associated with
Units A & D
1 visitor space
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Roof Form
Council’s Further Advice letter requested that the form of the roof and front façade design be
amended to meet AO19.1/PO19 of the Medium Density Residential Zone Code.
Acceptable Outcome AO19.1 of the Medium Density Residential Zone Code states:
AO19.1 With the exception of Noosa Heads and Coastal Communities Local Areas, the main
roof of the building has a roof pitch no less than 5 degrees and has minimum 600
millimetre eaves to at least 75% of the perimeter of the building.
The applicant amended the plans to achieve 600mm eaves for more than 75% of the perimeter of
the building and as such now complies with AO19.1 of the Medium Density Residential Zone Code.
The proposed design compliments the character of the locality. Existing surrounding development
that has a combination of skillion and flat roof designs includes 57 Hilton Terrace, 108 Hilton
Terrace, 111 Gympie Terrace, 128-132 Gympie Terrace, 165 Gympie Terrace and 167 Gympie
Terrace, Noosaville. The applicant’s response to the Information Request includes photos of the
roof designs that complimented the proposed development.
Through the inclusion of eaves, a staggered roof form and a variation in materials, each townhouse
avoids box profiles, and the design does not include parapet walls.
The stagged façade offsets each dwelling within the development and does not create
opportunities for overlooking and maintains privacy. The proposed terraces at the front of the
building on the first level overlook the driveway and Hilton Terrace. There are no opportunities for
overlooking created by these terraces to the private open space or internal spaces of neighbouring
properties. The private open spaces areas of the adjoining properties are located at the rear of
each lot and there will be no internal areas visible from each terrace. The private open space areas
for each unit are located on the ground level at the back of the property.
Setbacks
Acceptable Outcome AO12.4 of the Medium Density Residential Zone Code prescribes side
setback outcomes applicable to the development as follows:
AO12.2 Setbacks for side boundaries—
▪ 1.5 metres setback up to 4.5 metres height;
▪ 2 metres setback between 4.5 metres and 7.5 metres height; and
▪ 2.5 metres where above 7.5 metres height.
To achieve the required roof form with eaves outcome as detailed above, a reduced setback of
1.9m is proposed.
The eaves are the only part of the building that encroaches into the side setback area, with all walls
of the building being setback 2.5m.
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;
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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.
As a performance-based solution in accordance with PO12 of the Medium Density Residential
Zone Code, the proposal maintains a high level of amenity to users by providing sun shading along
the eastern façade of the building. Users of the adjoining premises maintain their visual privacy by
the design of the eastern elevation not having windows or is screened by a masonry brick screen,
which will protect the adjoining premises from opportunities for overlooking. The eaves do not
impact on views and vistas along the side boundary.
The resulting separation between buildings is approximately 3.7m. A landscape buffer is achieved
on both setback areas. There is also space within the setback area for the development site to
provide a landscaped pedestrian path to access the parkland at the Noosa River waterfront. The
path contains a mix of soft and hard landscaping to provide a vegetated, yet functional pathway
that will allow residents to carry smaller watercraft, such as kayaks and paddle boards from their
garages.
The fence height along the rear boundary is 1.2m following natural ground. The existing rear fence
will be removed, which had a height of 3.06m.
External Elevations
A condition to increase the number of design elements along the eastern elevation has been
included, so the development better addresses AO14.3(a) of the Medium Density Residential Zone
Code.
Parking and Access
The proposal plans have been amended to include a visitor space at the end of the
access/driveway. The visitor space is behind the 2 metre wide landscape buffer. The development
now complies with the car parking requirements (AO13 of the Dual Occupancy and Multiple
Dwelling Code), specifically Table 9.4.1.4 in the Driveways and Parking Code.
Swept path analysis (RPEQ signed) has been submitted to confirm that the visitor parking location
complies with the relevant Australian Standards AS2890.1 and local council planning policies
regarding the ease of access for vehicle manoeuvrability and clearance distances. The dimension
of the visitor space complies with the above standards and there are no conflicts with structures
on the driveway and there is adequate clearances for manoeuvring.
Acceptable Outcome AO12.2 of Driveways and Parking Code requires the following:
AO12.2 For a minimum of 50% of car parking spaces, pedestrian access to buildings is not
across or through driveways, carparks, setdown or manoeuvring areas.
All of the proposed pedestrian access path to the proposed units cross the driveway and
manoeuvring areas and therefore do not comply with this acceptable solution.
PO12 A clearly defined pedestrian network is provided that –
a) is located in areas where people will choose to walk;
b) ensures that pedestrian movement through car parking areas or structures are
along aisles rather than across them.
The proposed pedestrian path is clearly defined by a change in colour and texture to ensure people
will know where to walk. The orientation of the street and the layout of the development
necessitates that the paths cross the driveway and manoeuvring areas; however, in accordance
with the purpose of the code the design protects the safety of pedestrians.
Access Path
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As mentioned above, the development proposes a pedestrian access path along the eastern
boundary to the adjoining parkland. It will allow residents to carry smaller watercraft, such as
kayaks and paddle boards from their garages and not through their units. Along this boundary, the
adjoining development is screened by a 1.8m high fence and pedestrians will not be able to
overlook this adjoining premises.
Landscaping
The proposal plans have been amended to increase the amounts of soft and hard landscaping.
The development now achieves a total landscaped area of 42% and 75% of the landscaped area
is soft landscaping. The development complies with AO10.1 of the Dual Occupancy and Multiple
Dwelling Code, which states that landscaping is provided to a minimum of 40% of the site area and
60% of this is soft landscaping.
Overlays
Acid Sulfate Soils Overlay Code
The site is subject to Acid Sulfate Soils, Area 1 at 5 metres AHD or below. It has been conditioned
that prior to the issue of a permit for Operational Works, an Acid Sulphate Soil Management Plan
for the site (with recommendations), prepared by a qualified person, in case acid sulphate soils are
encountered during construction.
Flood Hazard Ovelay
The development has been designed to meet the minimum design levels specified in Table 8.2.6.4
and Table 8.2.6.5 of the Flood Hazard Overlay Code.
The applicant submitted a Noosa Council Flood Information Certificate, which indicates the defined
flood event the 1% AEP Under 2100 Climate Change Conditions. The certificate identifies a defined
flood event level (DFL) of 2.40m AHD. To ensure immunity to flooding throughout the site, the
building floor levels are set at 2.70m AHD as a minimum to ensure 300mm freeboard is achieved.
Other relevant matters of compliance are outlined in the Stormwater Management Report, which
was submitted in response to Council’s Information Request.
5. CONSULTATION
5.1. Referral Agencies
Not Applicable
5.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Senior Development Engineer, Development Assessment
• Senior Environment Officer, Development Assessment
6. 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. MCU24/0112 for a Material Change of Use - Multiple dwelling
situated at 100 Hilton Terrace, Noosaville Qld 4566 and described as Lot 1 on SP315600, it is
recommended the application be approved in accordance with the following details for the Decision
Notice:
1. APPLICATION DETAILS
Application No: MCU24/0112
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Street address: 100 Hilton Terrace, Noosaville Qld 4566
Real property description: Lot 1 on SP315600
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Approval for a Material Change of Use - Multiple dwelling (4 units)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
When Conditions Must Be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Currency Period
2. This development approval lapses if the use has not happened by 7 February 2031, 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 table/s 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 Building Works*
Plan No. Rev. Plan/Document Name Date
AO1000 100 - Proposed Site Plan prepared by Blight Rayner 24/01/2025
Hilton Tce
AO1001 100 - Overall Plan – Ground Floor prepared by Blight 24/01/2025
Hilton Tce Rayner
AO1002 100 - Overall Plan – Level 01 prepared by Blight Rayner 24/01/2025
Hilton Tce
AO1003 100 - Overall Section prepared by Blight Rayner 24/01/2025
Hilton Tce
AO1004 100 - Overall Elevations prepared by Blight Rayner 24/01/2025
Hilton Tce
AO1005 100 - Overall Elevations prepared by Blight Rayner 24/01/2025
Hilton Tce
AO1006 100 - Overall Street Elevations prepared by Blight 24/01/2025
Hilton Tce Rayner
AO2000 100 - Floor Plan – Ground Floor (Type 1 - 4 Bedroom) 24/01/2025
Hilton Tce prepared by Blight Rayner
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AO2001 100 - Floor Plan – Level 01 (Type 1 - 4 Bedroom) 24/01/2025
Hilton Tce prepared by Blight Rayner
AO2002 100 - Roof Plan (Type 1 - 4 Bedroom) prepared by Blight 24/01/2025
Hilton Tce Rayner
AO2010 100 - Floor Plan – Ground Floor (Type 2 - 3 Bedroom) 24/01/2025
Hilton Tce prepared by Blight Rayner
AO2011 100 - Floor Plan – Level 01 (Type 2 - 3 Bedroom) 24/01/2025
Hilton Tce prepared by Blight Rayner
AO2012 100 - Roof Plan (Type 2 - 3 Bedroom) prepared by Blight 24/01/2025
Hilton Tce Rayner
Nature and Extent of Approved Use
4. The approved development consists of Multiple dwelling (4 units).
Built Form and Development Appearance
5. External design features, materials and finishes must be as shown on the Approved Plans,
with no inclusions or alterations made without approval in writing by Council.
6. The external wall along the eastern elevation of the development is to incorporate further
design elements to add visual interest and improve amenity.
7. External finishes of the building must be a mix of lightweight and textured external finishes,
with masonry areas incorporating a variety of textured finishes to break up the surface.
8. All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or
the like thus remaining as open structures.
9. All balustrades to decks and balcony areas must be open or transparent.
10. External colours and finishes must be of an understated colour scheme and low-reflective
roofing and cladding materials.
11. All air conditioning units or other mechanical equipment must be fully enclosed or screened
such that they are not visible from the street frontages nor adjoining properties.
12. Waste storage areas, clothes drying areas and external storage areas must be screened
from view of the street.
Building Height
13. The maximum height of the development must not exceed 8 metres above the natural and
finished ground levels.
14. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
buildings do not exceed the maximum height requirement of this Decision Notice.
Performance Bond
15. Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 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.
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Street Identification
16. The street address of the development from Hilton Terrace 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.
Fencing and Walls
17. Any street fencing must not exceed 1.8 metres in height, be set back an average of 1 metre
and articulated to provide visual interest by stepping the design. Any fencing on the front
boundary must either:
a. not exceed a maximum height of 1.2 metres
b. be of open construction.
18. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
19. The existing fences along the northern property boundary are to be removed
Clothes Drying Areas
20. Each dwelling must be provided with access to an outdoor clothesline which is screened from
public view (external to the development site) and where achievable, internal to the
development.
Community Management Statement
21. 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.
22. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice and, in particular, must include the following
additional clauses:
a. The dwelling units are not permitted to be used for short term accommodation, unless
where identified as accepted development by the Noosa Plan or where there is a
Development Permit for Material Change of Use for Short Term Accommodation in
effect. Short term accommodation means the use of the premises for providing
accommodation of less than 3 consecutive months to tourists or travellers.
Landscaping Works
23. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. detailed landscape plans undertaken by a suitably qualified landscape architect
generally in accordance with the landscape areas shown on the Approved Plans.
b. detailed landscape design for the upper level podium planting area, that provides
screening and privacy for the unit occupants.
c. vegetated screening of the built form when viewed from Hilton Terrace, designed such
that the development will be softened and screened at maturity.
d. The full width of the landscaped areas along the eastern elevation are to be densely
vegetated with a combination of trees, shrubs and groundcovers.
e. The landscaped areas between each garage are to be densely planted with shade
tolerant species, which are low maintenance.
f. trees, shrubs, groundcovers and grasses must be selected from the preferred plant
species list within the Planning Scheme Policy 2 – Landscaping.
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g. vegetated screening of any electrical transformers, bin storage areas and the like from
the road frontage.
h. provision of 1 ‘street tree within the road reserve for every 6 metres of road frontage
utilising any of the following species:
a. Callistemon viminalis
b. Barklya syringifolia
c. Syzygium oleosum
d. Flindersia collina
24. 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.
Waste Storage
25. The refuse areas must be of muted environmental tones to reduce the visual impact of the
infrastructure in the streetscape and suitably screened by landscaping where viewed from
the street.
26. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy 9, Waste Management, including an external imperviously paved
area correctly sized for all refuse and recycling containers and suitably screened from public
places and neighbouring properties.
27. 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.
External Works
28. Hilton Terrace must be upgraded for the length of its frontage to the subject site. The works
must be undertaken in accordance with an Operational Works approval and must include in
particular:
a. construction of a pedestrian footpath in accordance with the conditions of this Decision
Notice.
Site Access and Driveways
29. A sealed access driveway must be provided from Hilton Terrace to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval and must include in particular:
a. a driveway crossover in accordance with council standard drawings RS-049 and RS-
050.
Car Parking
30. A minimum of 8 car parking spaces must be provided and marked on the site and made
available and accessible at all times for residents. The works must be undertaken in
accordance with an Operational Works approval and must include in particular:
a. 1 visitor parking spaces within the total, which are clearly marked for that purpose and
accessible at all times for visitor use;
b. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
31. 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.
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Pedestrian and Bicycle Facilities
32. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in particular:
a. a 2 metre wide concrete footpath within the road verge for the entire length of the site’s
frontage to Hilton Terrace;
b. Floor finish for pedestrian pathways, to provide contrast in colour and texture to
driveway, generally in accordance with plan A1001, “Overall Plan – Ground Floor”,
prepared by Blight Rayner.
Stormwater Drainage
33. 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 an Operational Works approval
and generally in accordance with:
a. “Stormwater Management Report”, ref: S24-163, prepared by Westera Partners, dated
7 November 2024.
Services
34. Reticulated electricity and telecommunication services must be provided to each unit in
accordance with the standards and requirements of the relevant service provider.
35. 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.
36. 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
37. 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.
38. 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.
39. 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
40. All fill and associated batters must be undertaken in accordance with an Operational Works
approval and contained entirely within the subject site unless written permission from the
respective landowner(s) is provided to Council.
41. 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.
Acid Sulphate Soils
42. Prior to the issuing an Operational Works approval, provide an Acid Sulphate Soil
Management Plan for the site (with recommendations), prepared by a qualified person*, in
case acid sulphate soils are encountered during construction.
* For the purpose of preparing an Acid Sulphate Soils, a qualified person is considered to be
either:
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a. a Registered Professional Engineer of Queensland (RPEQ); or
b. a soil scientist with a minimum of 5 years’ experience in the field of acid sulphate soils.
Damage to Services and Assets
43. 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.
Demolition Works
Codes of Development
44. Unless specifically conditioned otherwise, all works must comply with the relevant acceptable
solutions as contained in the Waste Management Code and Water Quality and Drainage
Code of the Noosa Plan 2020.
Works
45. Demolition must be undertaken in a manner that causes no detrimental effect upon the
amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions
in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste Management
46. Adequate area must be provided on-site for the collection and separate storage of recyclable,
non-recyclable, vegetative and hazardous materials in their specific waste streams during
removal or demolition works.
47. All waste materials must be removed from the site to avoid causing unhealthy conditions,
with the site left clean, tidy and free from any debris.
48. Where a development permit has not been issued for the future use of the site, hard surfaced
areas including concrete slabs must be removed and disturbed areas must be revegetated
in accordance with PSP2 Landscaping of the Noosa Plan 2020. Alternatively, the site must
be turfed within 20 business days of completing the removal or demolition work.
Health and Safety
49. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging, are removed from the building prior to demolition or relocation.
50. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
51. Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
commences. Notification must be made using Form 65: Notification of licensed asbestos
removal work, demolition work or emergency demolition.
52. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses
businesses that transport asbestos waste, and landfills that accept this waste.
General
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53. Infrastructure including reticulated water, sewerage, stormwater, and electricity must be
protected from damage and made safe to the standard required by the regulatory authority.
54. Any damage to footpaths, street plantings, natural vegetation/trees, kerb and channel,
bridges or roadways at the removal/demolition site must be repaired or reinstated to at least
pre-existing conditions.
Plumbing and Drainage
55. It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at
demolition of a building, the existing sanitary drain upstream from the connection point for a
service provider’s sewerage system must be sealed water tight. This work is deemed as
notifiable Work and must be carried out by a suitably licenced plumber who must submit an
As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
Construction Commission) within 10 days of completing the work.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
S24-163 A Stormwater Management Plan prepared by 07/11/2024
Westera Partners
S24-163-PO1 - Site Plan prepared by Westera Partners October 2024
Sheet 01 of 03
S24-163-PO2 - Preliminary Stormwater Management Plan October 2024
prepared by Westera Partners
Sheet 02 of 03
S24-163-PO3 - Preliminary Stormwater Concept Plan and Section October 2024
prepared by Westera Partners
Sheet 03 of 03
S24-163-PE1 - Earthworks Site Plan prepared by Westera October 2024
Partners
Sheet 01 of 02
S24-163-PE1 - Preliminary Earthworks Plan prepared by Westera October 2024
Partners
Sheet 02 of 02
P0056312 SK02 C B50 Small Car Swept Path prepared by Urbis 24/01/2025
P0056312 SK02 B Visitor Parking Bay prepared by Urbis 24/01/2025
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
1. 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.
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Co-ordination of Operational Works Assessment
2. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
3. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
c. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD);
d. provision for safe pedestrian access across the frontage of the site both during daily
construction and after daily construction has ceased.
Infrastructure Charges
4. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
Performance Bond Agreement
5. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Frontage Works, Site Access, Carparking,
Stormwater, Earthworks
Development Permit for Building Works All building work.
11. SUBMISSIONS
Not applicable.
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 online at
www.noosa.qld.gov.au or at Council Offices.
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