OPW14/0353 Negotiated Decision Notice

Officer:	Mark Lewis
Direct Telephone:	5329 6290
Our Reference:	MLEWIS:OPW14/0353
Your Reference:	1225

13 February 2015

Callaghan & Toth Consulting Engineers Pty Ltd
PO Box 2305
NOOSA HEADS  QLD  4567

[email protected]

Dear Sir/Madam

Negotiated Decision Notice
Sustainable Planning Act 2009
I refer to your application and the representations you made in respect to the decision notice. On 13 February 2015 Council decided your representations.

Details of the decision are as follows:
1.	APPLICATION DETAILS

Application No:	OPW14/0353
Street Address:	1 Wilgee Ct COOROY  QLD  4563
Real Property Description:	Lot 8 SP 266743
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

Council on 3 February 2015 decided to issue the following type of approval:
Development Permit for Operational Work (Roadworks, Stormwater, Earthworks, Electrical & Landscaping)

In relation to representations, Council on 13 February 2015 decided to:
A.	Agree to delete Condition 2.
B.	Amend the list of Approved Plans to include revised and additional drawings.

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 2 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS

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
1225-60	C	Site Plan prepared by Callaghan and Toth	January 2015
1225-61	B	Masonry Street Roadworks Layout & Clearing Plan 1 prepared by Callaghan and Toth	December 2014
1225-62	B	Masonry Street Roadworks Layout & Clearing Plan 2 prepared by Callaghan and Toth	December 2014
1225-63	B	Cordwood Drive Intersection Detail Plan prepared by Callaghan and Toth	December 2014
1225-64	B	Masonry Street Cul-De-Sac Detail Plan prepared by Callaghan and Toth	December 2014
1225-65	B	Masonry Street Longitudinal Section Ch0.00-CH136.19 prepared by Callaghan and Toth	December 2014
1225-66	B	Masonry Street Cross Sections Ch10.00-CH40.00 & Typical Kerb Profile prepared by Callaghan and Toth	December 2014
1225-67	B	Masonry Street & Allotment Cross Sections Ch44.388-CH70.00 (Left Hand Side) prepared by Callaghan and Toth	December 2014
1225-68	B	Masonry Street & Allotment Cross Sections Ch44.388-CH70.00 (Right Hand Side) prepared by Callaghan and Toth	December 2014
1225-69	B	Masonry Street & Allotment Cross Sections Ch80.00-CH100.00 (Left Hand Side) prepared by Callaghan and Toth	December 2014
1225-70	B	Masonry Street & Allotment Cross Sections Ch80.00-CH100.00 (Right Hand Side) prepared by Callaghan and Toth	December 2014
1225-71	B	Masonry Street & Allotment Cross Sections Ch110.00-CH136.19 (Left Hand Side) prepared by Callaghan and Toth	December 2014
1225-72	B	Masonry Street & Allotment Cross Sections Ch110.00-CH136.19 (Right Hand Side) prepared by Callaghan and Toth	December 2014
1225-74	C	Stormwater Drainage Layout Plan 1 prepared by Callaghan and Toth	February 2015
1225-75	B	Stormwater Drainage Layout Plan 2 prepared by Callaghan and Toth	December 2014
1225-76	A	Stormwater Drainage Longitudinal Section prepared by Callaghan and Toth	September 2014

1225-77	C	Stormwater Calculations & Interlot Drain Road Section prepared by Callaghan and Toth As Annotated by Council	9 February 2015
1225-78	A	Bioretention Basin Detail Plan prepared by Callaghan and Toth As Annotated by Council	September 2014
1225-84	B	Sediment & Erosion Control Plan 3 of 3 prepared by Callaghan and Toth As Annotated by Council	February 2015
1225-85	A	Retaining Wall Section & Details prepared by Callaghan and Toth	September 2014
1225-86	B	Landscaping Plan Stage 5 & 6 prepared by Callaghan and Toth	December 2014
1225-87	B	Landscaping Notes Stage 5 & 6 prepared by Callaghan and Toth As Annotated by Council	December 2014
1225-88	B	Landscaping Detail Stage 5 & 6 prepared by Callaghan and Toth As Annotated by Council	December 2014
1225-89	B	Revegetation & Rehabilitation Management Plan – Eastern Tributary Stage 5 & 6 prepared by Callaghan and Toth As Annotated by Council	December 2014
1225-90	B	Revegetation & Rehabilitation Management Plan Notes – Eastern Tributary Stage 5 & 6 prepared by Callaghan and Toth As Annotated by Council	December 2014
1225-91	C	Footbridge Layout Plan prepared by Callaghan and Toth As Annotated by Council	January 2015
1225-92	C	Footbridge Section and Setout prepared by Callaghan and Toth As Annotated by Council	January 2015
1225-93	B	Footbridge & Footpath Long and Cross Sections prepared by Callaghan and Toth	December 2014
1225-94	B	Lots 8-13 Retaining Wall Long Section Ch0-CH140 prepared by Callaghan and Toth	December 2014
1225-95	A	Rear Lots Retaining Wall Long Section Ch140-End prepared by Callaghan and Toth	September 2014

Prior to Commencement of Works
Deleted.

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 6244. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Electrical reticulation works;
Erosion and sediment control works

A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
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
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Proposed fencing to the site during the construction phase of the development
Adequate parking arrangements for construction workers
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures
Works programme identifying key components of the works and their respective durations
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues
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
The electrical reticulation and street lighting must be carried in accordance with the conditions of OPW15/0004.

Prior to the installation of street and Park signage approval of the name/s must be obtained from Council.

All elements of the proposed retaining walls, whether above or below ground, must be located wholly within the proposed private lots.

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. A condition report including photographs of the frontage of the site should be completed and submitted to Council at the prestart meeting or prior to any works commencing (where no prestart meeting is to occur).

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
The relevant conditions of the higher order Reconfiguration of Lot approval viz. REC14/0008 and REC14/0009 to which this approval relates
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

Electrical pillars must be located on alternative boundaries to water meters

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.

Revegetation/Rehabilitation and Landscaping
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites

The approved revegetation areas for protection must:
Be protected with a three-strand wire with pickets at 3m centres.
Have the fence installed prior to the prestart meeting and maintained for the entire period of construction and the maintenance period.
Have ‘Exclusion Zone’ (‘No Go’) signage fixed to the fence at 10m centres.
Have no construction material, equipment or personnel entering the approved revegetation areas except to undertake approved operational works.
Be protected from any damage except to undertake approved operational works, with all approved works minimising the area of impact.
Include assessment and Council approved works by a qualified (person) Arborist* prior to On and Off Maintenance, to identify and mitigate tree hazards adjacent to lots 14,15 and 16 to persons or property.
Include certification from the qualified (person) Arborist* detailing the hazard assessment and mitigation works undertaken.

Prior to felling or pruning, all trees are to be checked for.  If wildlife is present, the tree must not be felled or pruned until the wildlife has left the tree

Vegetation removal or pruning must be undertaken in an environmentally sensitive manner to avoid damaging surrounding vegetation, trees and habitat

Landscape must be supervised, constructed and certified by qualified persons*.
(* Refer to Advisory Note)

Landscape works must:
Ensure amenity or sales signage and ancillary infrastructure is not being installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled

Turfed areas must be must be free of pest, diseases and weeds and level with adjoining surfaces

Grassed areas within the Park Lot 100 must be free draining and even surfaced to ensure water ponding does not occur

Park area lot 100 must be kept mown and weed species controlled for the duration of the maintenance period with grass length not exceeding 300mm at any time

The dominant species for revegetation works must be Waterhousea floribunda and Melaleuca salicina to reflect existing floristic composition. Additional species may include Tristaniopsis laurina, Ehretia acuminata and Acronychia wilcoxiana or as authorised by Council’s delegate

The outer edges of the revegetation areas must be densely planted with species which retain their lower foliage so as to create a dense vegetation screen on the outer edge. Species to be employed may include Waterhousea floribunda, Syzygium luehmannii, Acmena hemilampra, Acacia bakeri, and Syzygium austral

Soil for landscaping must provide for the site specific vegetation performance objectives

The approved Rehabilitation and Rehabilitation works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with:
The approved plans and conditions detailed in this Decision Notice.
The relevant conditions of the higher order Reconfiguration of Lot approval viz. REC13/0008 and REC13/0009 to which this approval relates

The Rehabilitation supervisor must:
Organise an annual inspection with council’s delegate.
Submit to council (with each inspection request) an annual Rehabilitation Status Report (written and photographic), detailing:
The condition of the regeneration area.
Detailing works undertaken in the previous year.
Measuring the works against the Performance Criteria in the approved plans

Pavement Design and Construction
The pavement designs shown on the engineering drawings are not approved.  To attain approval for the pavement design, the following details must be submitted and certified by an RPEQ with the proposed pavement design:
The design CBR must be based on the four day soaked CBR value for the subgrade material.
The design subgrade CBR must be representative of each homogenous insitu section of finished subgrade.  With respect to each section
For four or less test results, the design CBR must be taken as the least estimated insitu CBR result.
The samples must be taken generally in the position of the outer wheel path on both sides of the proposed road.  A sketch plan showing the location of all tests must be submitted with the test results for pavement design approval
Where imported material has been (or is proposed to be) used for subgrade replacement, and the depth of the imported material is less than 300mm, the pavement design CBR must be based on the testing results of the insitu material and not the imported material.

At the time of subgrade inspection, the subgrade must exhibit no visible signs of deformation under proof rolling by a fully loaded water truck. The pavement subgrade will not be passed until this requirement has been achieved.

Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.

Pathways
All pathways must be constructed in accordance with the following requirements:
All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065.
All paths must have a slip resistant surface
Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth ride for cyclists
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

Pathways must:
terminate in a manner that ensures smooth transition to existing surfaces for public safety
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
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.

Earthworks and Retaining Walls
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.

Service Conduits under Existing Road Features
Electrical conduits or other services proposed to be installed under existing sealed carriageways, concrete pathways or concrete/sealed driveways must be installed by boring. Trenching is not permitted, unless specifically approved by Council.

Bioretention  Devices
The bioretention basin must achieve an active filter media surface area of at least 150m2. Active filter media area does not include areas nominated for scour protection or drainage structure. Bioretention Devices – Construction

During construction and establishment of the bioretention devices, the supervising RPEQ must certify that the device was constructed in accordance with Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009) and that the forms contained in section 3.15 of the guidelines, including the associated supporting information and data, are completed.  These forms and certification 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 onsite accompanied by laboratory results that demonstrate that the media complies with the specifications contained in the latest version of the Guidelines for Soil Filter Media in Bioretention Systems (Facility for Advancing Water Biofiltration) and that the minimum hydraulic conductivity of 180mm/hr or as specified on the approved engineering plans will be achieved.  The drainage layer, transition layer, and filtration media materials must not be installed until the catchment draining to the bioretention device has 80% groundcover as determined by council’s delegate.

80% of the catchment flowing to the bioretention basin must be effectively stabilised prior to the construction holdpoint for the Bioretention Basin.

The bioretention underdrains and cleanout points shall be provided as uPVC pipe generally as shown on IPWEAQ Standard DrawingWSUD-003.

Where the bioretention filter media interfaces with stormwater pits and retaining walls, nonwoven geotextile shall be fixed to the pit/retaining wall and extend 300mm out into the filter media generally in accordance with IPWEAQ Standard Drawing WSUD-001 to prevent tunnelling of water along the interface.

All overflow pits within the bioretention devices are to be provided with letterbox type grates in accordance with IPWEAQ Standard Drawing WSUD-001.

The bioretention basin filter media must be protected from  building phase sediment loads  in accordance with Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009) prior to release of the plan of survey.

Bioretention Devices - Landscaping
The filtermedia area of the bioretention basin be landscaped with a mixed arrangement of at least five of the following species at a minimum density of 8 plants/m²:
Carex appressa.
Carex fascicularis.
Ficinia nodosa.
Juncus usitatis.
Lomandra longifolia.
Ghania sieberiana.

Landscaping of areas surrounding the bioretention basin filter media footprint must be arranged to minimise shading to the filter media footprint area.

Where landscaping/garden beds are proposed adjacent to the bioretention basin, or where the basin is located adjacent to naturally forested areas, a 900mm deep root barrier must be installed to the interface between the landscape/garden/forest area and the bioretention basin to prevent root intrusion to the biobasin infrastructure.

Landscaping to the surface of the bioretention basin filter media area must not commence until 80% of building work within each contributing catchment is complete or after 3 years, whichever occurs first. An incomplete works bond of 150% of the value of the planting to the surface of the bioretention basin filter media area must be provided to council prior to the release of the Plan of Survey.

Erosion and Sediment Control
E&SC measures must be  installed and maintained to ensure any waters discharged from the site up to and including a  85%ile 5 day rain event (or 46mm rainfall event)  contain less than 50mg Total Suspended Solids per litre. All reasonable and practical measures must be installed to minimise the amount of sediment leaving the site in rainfall events that exceed 85%ile 5 day or 46mm. Please refer to Advisory Notes for the minimum reasonable and practical measures to minimise the amount of sediment leaving the site.

Any temporary drainage works to manage stormwater flows during the construction phase of development must be designed by the supervising RPEQ to convey a  1 in 2-year ARI event without resulting in visible scour within flow paths.

A construction hold point with a council delegate must be established prior to commencement of topsoil stripping and/or cut to fill earthworks. At the hold point inspection, all required sediment basins, drains and bunds to divert waters away from disturbed soil must be installed and all areas that will not require earthworks in the imminent cut to fill operation must be stabilised to prevent entrainment of sediments into receiving waters. Cut to fill earthworks and topsoil stripping must not commence until after the Council delegate has provided written confirmation that this condition has been completed.

Prior to the completion of the development, all site surfaces must be effectively stabilised. 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.

Prior to Council Signing the Plan of Survey
Bio-Retention Basins
Prior to release of the plan of survey, Council must receive evidence that the results for the in situ hydraulic conductivity testing conducted in accordance with PRACTICE NOTE 1: In Situ Measurement of Hydraulic Conductivity (FAWB, April 2008) for the bioretention filter media achieve the design criteria.

Survey data must be provided prior to sealing of the survey plan to demonstrate the required active filter media and extended detention surface area footprints are achieved.

Bioretention Basins - Maintenance
All stormwater quality treatment devices must be maintained in accordance with the Maintaining Vegetated Stormwater Assets, Version 1 (Water by Design, 2009).    Records of all maintenance activities undertaken must be kept and made available to Council upon request.

Bioretention Basins - Education
The development shall be provided with approved permanent signage to educate the public on the function of the bioretention basin. The wording for the signage for the bioretention basin is to include: “BIORETENTION BASIN - This bioretention basin reduces the pollution of our waterways by reducing the amount of heavy metals, litter, suspended solids, and nutrients discharged to the waterway.

Supervision/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.
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to plan sealing. 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 devices

On Maintenance
All municipal Works must be accepted On Maintenance by Council in accordance with Council’s Planning Scheme Policy 5 prior to the sealing of the Survey Plan. To achieve On Maintenance the supervising RPEQ must submit to Council :
Certification (including Landscape works) that all works have been undertaken and completed in accordance with the requirements of this approval.

As Constructed Plans
Prior to acceptance of civil works to become Council assets “On Maintenance”, the lodgement of satisfactory “As Constructed” records must be submitted to Council. The “As Constructed” information must include:
Drawings and data certified by a qualified experienced Civil Engineer (RPEQ) for design intent, and certified by a Licensed Surveyor in regard to the cadastre and the location, level and type of all services and structures.
The data must be in accordance with Council’s (Noosa Plan) – Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks, and fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels.
The data must be submitted in hardcopy form and digital format (Asset Design and As Constructed (ADAC)) in GDA94 Zone 56 coordinate values. Guidelines on the use of ADAC are available at www.adac.com.au

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.

5.	REFERRAL AGENCIES

Not Applicable.

6.	REFERENCED DOCUMENTS

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:

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 Sustainable Planning Act 2009 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 6244 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 notifies otherwise

Hydraulics & Water Quality
Technical details on measures to prevent erosion, control drainage and remove sediment entrained in waters are detailed in the Best Practice Erosion and Sediment Control (International Erosion Control Association, 2008).Measures must include as a minimum, but are not limited to, the following:
Ensure nonessential exposure of soil is prevented by:
Restricting the extent of soil exposure to that necessary for access to, and safe construction of, the approved works at any one time.
Protect exposed soil from direct raindrop impacts prior to rainfall. Methods to protect exposed soil from direct raindrop impacts include, but not limited to cover with vegetation, mulch, hyrdromulch, fabric, heshion etc.
Where it is not feasible to protect exposed soil from direct raindrop impacts, such as areas being actively worked, install appropriate sediment capture devices to maximise sediment removal from waters discharged from the site.
In areas of exposed soil where it is not feasible to protect the soil surface from raindrop impact or implement appropriate sediment capture devices, ensure contingency measures are available on site and are implemented, prior to rain, to minimise erosion.
Surface stormwater flows must not cause erosion of stockpiles, batters or embankments.
Clean stormwater must be diverted around or through the site without increasing the concentration of total suspended solids (TSS) or other contaminants in the flow and without causing erosion (onsite or offsite).  If it is not feasible to divert all areas discharging clean stormwater around or through the site, manage the clean stormwater runoff in the same manner as contaminated stormwater runoff, and ensure that sediment basins are sized to accommodate the additional volume of runoff.
Ensure that all concentrated stormwater flows including drainage lines, diversion drains, channels and batter chutes are managed onto, through, and at release points from the site in all rain events up to and including the 1 in 2 year ARI without causing water contamination, sheet, rill or gully erosion, sedimentation, or damage to structures or property.
Ensure measures have been implemented such that the runoff from all areas with exposed soil flow to a sediment basin or basins that are sized to capture and treat a 43mm rainfall event.
Ensure sediment basins are dewatered as soon as practicable after each rainfall event and within two days of rainfall ceasing.
Markers must be installed within the basin to indicate capacity. Basins must be desludged as required to maintain the required capacity.
Ensure that during dewatering, the concentration of TSS discharged does not exceed 50mg/L.  The concentration of TSS released by dewatering may only exceed 50mg/L where it can be demonstrated that:
Further significant rainfall is forecast to occur before the TSS concentration is likely to be reduced to 50mg/L; and
Releasing a higher concentration of TSS will result in a better environmental outcome by providing storage for the capture and treatment of runoff from the imminent rainfall and runoff; and
Flocculent has been applied and the concentration of TSS in the captured water has already significantly decreased.
Flocculants containing Aluminium are not permitted to be used on this site.
Ensure sediment basins and associated structures such as inlets, outlets and spillways are structurally sound for the 1 in 10 year ARI rainfall event.
Ensure sediment does not leave the site on the tyres of vehicles.

Qualified Person
Qualified Person, for the purpose of:
Undertaking landscape construction and establishment works is considered to be a person with five years current experience in commercial landscape construction projects.
Undertaking rehabilitation and revegetation establishment and maintenance works is considered to be a person with five years current experience in commercial land revegetation and regeneration.
Undertaking, supervising arboreal works and preparing arboreal certification, is considered to be a person with a minimum three years current experience in tree protection, hazard identification/mitigation and NATSPEC (Specifying Trees) assessment and either:
ISA certification; or
A Diploma of Arboriculture.

Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that:  “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage.”   It is an offence to fail to comply with the duty of care.  Substantial monetary penalties may apply to individuals or corporations breaching this duty of care.  Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.

8.	PROPERTY NOTES

Not Applicable.

9.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

10.	FURTHER DEVELOPMENT PERMITS REQUIRED

Not Applicable

11.	SELF ASSESSABLE CODES

Not Applicable.

12.	SUBMISSIONS

Not Applicable.

13.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

14.	RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.

15.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

DECISION NOTICE HISTORY Original Decision Notice (3 February 2015) Negotiated Decision Notice (13 February 2015),

Yours faithfully

Mark Lewis
COORDINATOR - Engineering

Enc:	Appeal Rights
Approved Plans/Documents

cc:	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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