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SUPERSEDED Minor Change Existing Approval MCU21/0117 01 & OPPW21/0199.01 · MCU21/0117.01
Officer: Andrew Gaffney
Direct Telephone: 07 53296284
Our Reference: MCU21/0117.01 & OW21/0199.01
Your Reference: 002751
16 July 2024
Cooroy Villas Ltd
C/- RG Strategic Australia
PO Box 1818
NOOSA HEADS QLD 4567
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 2 February 2024, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU21/0117.01 & OPW21/0199.01
Street address: 5 Pearl St Cooroy Qld 456354 Elm St Cooroy Qld 4563
Real property description: Lot 2 RP 64750
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 19 January 2022
• Development Permit for Material Change of Use of Premises - Multiple Dwelling - 11 units.
• Development Permit for Operational Works - Multiple Dwelling 11 units
In relation to the request to make a minor change to the existing approval, Council on 12 July
2024, decided to approve the requested changes to MCU21/0117.01. The changes are detailed
below.
A. Approve the change.
B. Change Decision Details to Development Permit for Material Change of Use – Multiple
Dwelling (12 Units)
C. Amend conditions 2, 5, 29, 31, 32, 34, 35.
D. Delete conditions 43-47.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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In relation to the request to make a minor change to the existing approval, Council on 12 July
2024, decided to approve the requested changes to OPW1/0199.01. The changes are detailed
below.
A. Approve the change.
B. Amend Conditions 48,49,63,86, 97 and 104.
C. Delete condition 50.
D. Include a Reference Document
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
2. 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
7283 – DA02 - Location Plan and Notes, prepared 16/05/2024
by Blackburne Jackson
7283 – DA03 - Site Plan – Level 1 & Level 2 16/05/2024
prepared by Blackburne Jackson
Amendments The above plan is required to be amended to accommodate a 0.5
metre wide landscape bed along the full length of the driveway
(western side of driveway) from Pearl Street.
7283 – DA04 - Floor Plan – Level 1 prepared by 16/05/2024
Blackburne Jackson
Amendments The above plan is required to be amended to accommodate a 0.5
metre wide landscape bed along the full length of the driveway
(western side of driveway) from Pearl Street.
7283 – DA05 - Floor plan - Level 2 prepared by 16/05/2024
Blackburne Jackson
7283 – DA06 - Roof Plan - Level 2 prepared by 16/05/2024
Blackburne Jackson
7283 – DA07 - Elevations - prepared by Blackburne 16/05/2024
Jackson
As annotated by Noosa Council.
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7283 – DA08 - Elevations - prepared by Blackburne 16/05/2024
Jackson
7283 – DA09 - Sections - prepared by Blackburne 16/05/2024
Jackson
7283 – DA10 - Finishes - prepared by Blackburne 16/05/2024
Jackson
7283 – DA17 - Elevations – Boundary prepared by 16/05/2024
Blackburne Jackson
7283_L01-01_G Landscape Notes and Schedules Sept 2023
7283_L03-01_G Landscape Planting Plan prepared Sept 2023
by Blackburne Jackson
As annotated by Noosa Council
Amendments The above plan is required to be amended to accommodate a 0.5
metre wide landscape bed along the full length of the driveway
(western side of driveway) from Pearl Street.
7283_L07-01_G Landscape Details prepared by Sept 2023
Blackburne Jackson
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed within this Decision Notice.
Currency Period
4. This development approval lapses if the use has not happened by 10 November 2027,
unless an application to extend the currency period is approved by Council.
Building Height
5. The maximum height of the development must not exceed 8 metres above the finished
ground level and the natural ground level except where detailed as 8.2metres on Plan 7283
- DA07 Elevations - prepared by Blackburne Jackson.
6. 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
7. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Building 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.
Street Identification
8. 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
9. 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).
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10. 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.
Building Appearance
11. All air conditioning units or other mechanical equipment must be located at ground level, or
otherwise fully enclosed or screened such that they are not visible from the street frontages
nor adjoining properties.
Fencing and Walls
12. Any street fencing must be set back an average of 1 metre from the front property boundary.
Any fencing on the front boundary must either:
a. not exceed a maximum height of 1.2m
b. be of open construction.
13. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
Clothes Drying Areas
14. Each dwelling unit must be provided with access to an outdoor clothes line which is screened
from public view.
Community Management Statement
15. 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.
16. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice.
DEMOLITION
Performance Bond
17. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be
submitted to Council prior to the issue of a Development Permit for Building Works for
demolition, to secure the demolition conditions of this approval. The cash bond or trading
bank guarantee will be returned on performance of the demolition conditions of this approval
less any costs incurred by Council in respect of enforcing performance of these demolition
conditions. Council reserves the right to call upon the bond or guaranteed sum to effect
compliance with conditions.
Works
18. 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
19. A Waste Management Plan (demolition) must be submitted in accordance with Planning
Scheme Policy PSP10 - Waste Management and approved by Council’s Waste Coordinator
prior to issue of a development permit for Building Works for demolition, removal or
relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the
effective reuse and recycling of such materials. Segregated wastes attract significantly
reduced disposal fees at the landfill with some items free. Higher gate fees are charged for
mixed waste.
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Waste storage areas must provide for adequate separation of all reusable, recyclable and
waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
a. The areas for the storage and separation of waste shown on a site plan;
b. A waste management table as indicated below is to be completed showing how waste
material is to be segregated - recycled – reused or disposed; and
c. Table – Waste Management Table
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify contractor
materials volume(m³) *specify proposed *specify contractor and landfill site or
re-use or on-site and recycling outlet other disposal site
recycling methods
Excavation
material
Green waste
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals - please
specify
Asbestos
Other - please
specify
Note * If a demolition contractor is undertaking works, then the Waste Management table is
to be completed by the demolition contractor.
Damage to infrastructure
20. Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel,
bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
21. The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s
and the like. If the site remains vacant for more than 30 days the lot/s must be turfed or
landscaped in accordance with Planning Scheme Policy PSP 2 – Landscaping and to the
satisfaction of Council so as to not cause nuisance to the surrounding area.
22. All waste materials must be removed from site.
Litter, erosion and sediment control
23. Litter, erosion and sediment control measures must be installed and maintained until soils
are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially
allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage
system (e.g. roadside gutter).
Asbestos
24. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
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25. 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.
26. 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.
27. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
28. 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.
LANDSCAPING
29. The development site must be landscaped. The works must be undertaken in accordance
with the Noosa Plan PSP 2 – Landscaping and generally in accordance with the approved
Landscaping Plans and in particular:
a. A dense 2m minimum landscaped setback to the full length of the site’s frontage to
Pearl Street (excluding access, fence and bin enclosure).
b. A dense 2.0 m minimum landscaped setback to the full length of the site’s frontage to
Elm Street.
c. A dense 1.0 m minimum landscaped setback to all side boundaries (excluding
stormwater infrastructure).
d. The provision of 3 new street trees in accordance with PSP 2 – Landscaping.
e. 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 reach.
ENGINEERING
External Works
30. Pearl Street must be upgraded for the length of its frontage to the subject site. The works
must include in particular:
a. Construction of kerb and channelling and underground stormwater drainage to the
development side only;
b. Widening and sealing of the existing road pavement between the edge of the existing
road to the new lip of kerb for the width of the frontage;
c. Construction of a 2.0m wide pedestrian footpath in accordance with the conditions of
this Decision Notice;
d. Filling in of the table drain for the length of the frontage and providing an underground
stormwater line to accommodate flows from the upstream table drain;
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e. Removal of the existing property access to 5 Pearl St and reinstatement of the kerb,
footpath and verge area to match the balance of the site frontage and proposed works,
including the provision of topsoil and turf where the existing verge is grassed.
Site Access and Driveways
31. A sealed access driveway must be provided from Pearl Street to all parking and manoeuvring
areas of the development. The works must include in particular:
a. A driveway crossover generally in accordance with Councils standard drawing RS-051
and approved plan 23098 / SK10 Rev G as prepared by Morgan Consulting Engineers.
Car Parking
32. A minimum of 20 car parking spaces must be provided and marked on the site. The works
must include in particular:
a. 14 covered parking spaces within the total;
b. Four visitor parking spaces within the total, which are clearly marked for that purpose
and accessible at all times for visitor use; and
c. Dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
Pedestrian and Bicycle Facilities
33. Pedestrian and bicycle facilities must be provided for the development. The works must
include in particular:
a. A 2.0 metre wide footpath within the road verge for the entire length of the site’s
frontage on Pearl Street.
Stormwater Drainage
34. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge and be in accordance with the Queensland Urban Drainage Manual (QUDM). The
works must be undertaken in accordance with an Operational Works approval and include in
particular:
a. The works generally as shown on concept plan 23098/SK10 Revision G as prepared
by Morgan Consulting Engineers,
b. Collection and lawful discharge of stormwater to ensure that adjoining properties,
reserves and roads are protected from ponding or actionable nuisance from stormwater
as a result of any works undertaken.
c. the site stormwater system is to accommodate stormwater from Lot 1 RP153798
external to the site, including registration of drainage easements over the site drainage
system in favour of Lot 1 RP153798
d. the use of gravity stormwater drainage and not surcharge pits
35. A stormwater quality treatment system must be provided for the development. The works
must be undertaken in accordance with the Bioretention Technical Design Guidelines (Water
by Design, 2012), and must include in particular stormwater quality treatment devices of a
size and location generally in accordance with those shown in cross sections shown on
concept plan 23098/SK10 Revision G as prepared by Morgan Consulting Engineers.
36. All stormwater quality treatment devices must be maintained in accordance with the Water
by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The approved
Operational Works drawings for the stormwater quality treatment system and detailed life
cycle costing of the system must be attached as an addendum to this document. Records of
all maintenance activities undertaken must be kept and made available to Council upon
request.
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37. 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 unit owner.
38. A primary stormwater quality treatment system must be provided for the development for the
effective removal of gross pollutants. All primary stormwater quality treatment devices must
be routinely checked, serviced and cleaned in accordance with the manufacturer’s
recommendations. Records of all maintenance activities undertaken must be kept and made
available to Council upon request.
Services
39. 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.
40. Certification must be submitted to Council from all relevant service providers which certifies
that the development has met the requirements of this Decision Notice and all applicable
legislation at the time of construction.
Earthworks and Retaining Walls
41. 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.
42. 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.
HYDRAULICS
43. Deleted
44. Deleted
45. Deleted.
46. Deleted.
47. Deleted.
DEVELOPMENT PERMIT FOR OPERATIONAL WORKS
APPROVED PLANS
48. 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
7283_L01-01_G Landscape Notes and schedules Sept 2023
7283_L03-01_G Landscape planting plan Sept 2023
Amendments The above plan is required to be amended to accommodate a 0.5
metre wide landscape bed along the full length of the driveway
(western side of driveway) from Pearl Street.
7283_L07-01_G Landscape Details Sept 2023
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The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
23098/SK10 G Concept Site Levels and Drainage Plan 14/05/2024
1. The drawing is marked as conceptual and includes a note
Amendments
advising the drawing is not to be used for construction. Provide
an amended plan that is suitable for Operational Works
Construction for Council approval prior to the prestart meeting.
2. Prior to the prestart meeting, provide an amended plan to Council
for approval that includes the frontage works required in
accordance with the MCU Conditions.
3. Prior to the prestart meeting, provide updated engineering plans
which specifically address the following:
a. A piped solution is proposed for Lot 1 SP153798. Due to the
proposed surface levels of the development driveway, when
events exceed the 2%AEP, or when blockage of the pipe inlet
occurs, flooding/ponding on the upstream lot will occur.
Revise the design to ensure that no ponding/flooding on the
upstream lot will occur in the 1%AEP event based on design
blockage allowance for any pipe system, consistent with
QUDM.
b. Provide cross and long sections and hydrologic and hydraulic
calculations for the swales proposed in the following
locations:
i. On the eastern boundary of the development site to
convey flows from outlet 2/1 to the LPD
ii. From the driveway low-point to the bioretention basin
iii. On the northern and eastern boundaries of Lot 1
SP153798 to convey runoff from the external
catchment to inlet 1/1
c. Provide ILs for the structures on the proposed stormwater
line and confirm what type of structure is 1/1 (headwall or
field inlet)
CURRENCY PERIOD
49. The Currency Period for this development approval lapses if the development has not
substantially started by 10 November 2027, unless an application to extend the currency
period is approved by Council.
SITE SPECIFIC CONDITIONS
50. Deleted.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
51. 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.
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52. Copies of the approved plans, duly signed by the consultant Registered Professional
Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer
Construction prior to the “pre start” meeting.
53. A condition report of the drainage system must be completed for agreement at the prestart
meeting. The condition report is to include a CCTV inspection of the existing stormwater pipe
and must include at least 20m upstream and 50m downstream (or to the next pit) of the
connection point of the proposed works.
54. A condition report including photographs of the frontage of the site as well as the verge area/s
adjacent the length of the proposed stormwater line, capturing in particular any existing
damage to infrastructure, must be completed and submitted to Council prior to the prestart
meeting / prior to any works commencing.
55. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
56. 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, or their proxy, for the following aspects
of the works:
a. Civil engineering works;
b. Landscape works;
c. Electrical reticulation works;
d. Erosion and sediment control works; and
e. Other relevant parties.
57. A Construction Management Plan must be submitted to Council prior to the pre-start meeting
and must specifically address the following:
a. Traffic Management during all aspects of the construct phase including:
i. A Traffic Management Control Plan in accordance with Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage, traffic
control measures and lane closures prior to construction;
ii. Maintenance of safe pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased;
iii. Proposed fencing to the site during the construction phase of the
development; and
iv. No queuing of trucks is permitted on residential streets, especially prior to
7.00am. Further parked trucks must have engines turned off.
b. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures;
c. Works programme identifying key components of the works and their respective
durations;
d. 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;
e. Include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details;
f. Include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details; and
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g. For haulage operations involving significant volumes of fill material or excavated
material being transported onto or off the site: details on the location of external fill
sites/sources, the haulage route, type of vehicle to be utilised during filling operations
and frequency of usage. NB any damage to the existing road system as a result of
haulage operations shall be fully repaired at the applicant’s expense.
58. 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.
59. 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.
Bonds
60. A site control and/or compliance bond of $50,000 is to be submitted to Council prior to the
pre-start meeting. The pre-start meeting will only be held once Council's Construction
Engineering Officer has confirmation that the bond monies have been received by Council.
The bond will be refunded less any costs incurred by Council in ensuring compliance with
these conditions or any additional inspections incurred for substandard work or work
undertaken not in accordance with this permit.
61. The return of bonds must:
a. Meet the requirements of council’s relevant Planning Scheme Policy for performance
and uncompleted works.
b. Be calculated using a schedule of works and relevant bond equation
c. Have approval of the bond calculations and amount from Council prior to lodgement
d. Be lodged with Council and accompanied by the Bond Administration Fee/s.
e. Be requested for release by writing to Council, when relevant approval requirements
have been met.
DURING CONSTRUCTION
Engineering
62. 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.
63. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice;
b. The relevant conditions of the higher order Material Change of Use approval viz.
MCU21/0117.01 to which this approval relates;
c. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines;
d. 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..
Roadworks (External Roadworks & Road Widening Works)
64. All pavement widening or construction of new pavement must join neatly to the existing
pavement so that there are no irregularities in line or level resulting at or adjacent to the join
for the length of the construction. Where necessary the existing pavement must be brought
to a satisfactory standard to allow for the above.
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65. All street surfacing must consist of a minimum depth of 30mm of an approved hot mixed
asphaltic concrete.
66. The installation and/or modification of any traffic signs, street signs, line marking and Raised
Reflective Pavement Markings (RRPMs) must be in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD).
67. The developer must notify Council’s Traffic Engineer for any works involving the removal or
modification of existing council traffic signs and/or parking bays prior to such works
commencing.
Pavement Design and Construction
68. The pavement designs shown on the engineering drawings are not approved. To attain
approval for the pavement design, the following details must be submitted to Council and
certified by an RPEQ with the proposed pavement design:
a. The design CBR must be based on the four day soaked CBR value for the subgrade
material;
b. The design subgrade CBR must be representative of each homogenous insitu section
of finished subgrade. With respect to each section:
i. For four or less test results, the design CBR must be taken as the least
estimated insitu CBR result;
ii. For five or more test results, the design CBR must be taken as the 10th
percentile of all estimated insitu CBR results.
c. 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; and
d. 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.
69. 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.
70. 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
71. 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.
72. 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.
73. The verge is to be modified such that the maximum crossfall for the verge is 5%, except in
the location of a pathway where the maximum crossfall is to be 2.5%.
74. 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.
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Pathways
75. All pathways must be constructed in accordance with the following requirements:
a. All footpaths must comply with Council’s Standard Drawing SEQ R-065;
b. All paths must have a slip resistant surface;
c. Expansion and contraction joints must provide a flush finish. Installation of joints by
saw cutting is preferred to ensure a smooth ride for cyclists; and
d. 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.
76. Pathways must:
a. Terminate in a manner that ensures smooth transition to existing surfaces for public
safety. Additional reshaping beyond the prolongation of the boundaries may be
required to ensure a smooth transition from the footpath to the grassed verge area;
and
b. Be designed and constructed to comply with the Disability Discrimination Act (DDA),
Access to Premises Standard, Austroads and relevant sections of AS1428 Design for
access and mobility.
Site Access and Driveways
77. Driveway crossovers must be constructed in accordance with council’s Standard Drawings
RS-051.
78. 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.
79. The following must be complied with during the construction of the required
crossover/driveway:
a. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete;
b. The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties;
c. Underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway;
d. A matching crossfall must be provided for the driveway on the alignment of the path,
for the full width of the path; and
e. The property access must be located a minimum of 1m clear of existing power poles,
streetlights or other signage. The developer is responsible for any necessary relocation
of existing services to provide this clearance and must contact the relevant service
authorities and comply with their requirements in relation to these works.
Earthworks and Retaining Walls
80. 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 the standard.
81. Fall protection must be provided to retaining walls that are over 1m high.
82. Slope and batters are a maximum grade of:
a. 1 in 4 for grassed areas;
b. 1 in 3 for planted areas; and
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c. 1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
83. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
84. 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).
85. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
86. For the length of stormwater line being installed under the existing Pearl St pavement, the
trench reinstatement works must be generally in accordance with Councils standard drawing
RS-170.
Bioretention Basins - Construction
87. 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.
88. Where the bioretention filter media interfaces with stormwater pits and retaining walls non-
woven geotextile shall be fixed to the pit / retaining wall and extend 300mm out into the filter
media generally in accordance with IPWEAQ Standard Drawing No. DS-070 to prevent
tunnelling of water along the interface.
89. Prior to issuing of a final compliance certificate, Council must receive evidence that the
results for the in-situ hydraulic conductivity testing conducted in accordance with FAWB
PRACTICE NOTE 1: In Situ Measurement of Hydraulic Conductivity Belinda Hatt, Sebastien
Le Coustumer April 2008 for the bioretention filter media achieve the design criteria.
Erosion and Sediment Control
90. 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.
91. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system, natural waterways, any downstream stormwater filtration
system or adversely impacting on other properties. The sediment and erosion control design
and measures have NOT been approved, it is the site's Supervising Engineer who is
responsible for ensuring that the sediment and erosion control measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods,
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods,
c. Been revised to address predicted rainfall events, and
d. Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be
found inefficient.
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92. The erosion and sediment control measures must be designed, installed and maintained in
accordance with the supervising engineer instructions and the current best practice
standards * (Refer to Advisory Note).
93. The developer must ensure non-essential exposure of soil is prevented by restricting the
extent of disturbance and minimising the duration of soil exposure to adverse weather
conditions and effectively turf, cover or stabilise any disturbed area without delay and prior
to rainfall occurring.
94. The developer must ensure sediment does not leave the site or enter onto adjoining
properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or
machinery. It is essential to implement appropriate approved erosion and sediment control
measures throughout the site during all phases of construction including vehicle shakedown
pad/grid (or similar) at the access to the construction site. Where sediments or other
contaminants are deposited on a road, they must be removed so as not to enter Council’s
drainage system or waterways.
95. Prior to the completion of the development and commencement of use, all site surfaces must
be effectively stabilised using methods which have achieved effective short-term stabilisation
and which will continue to achieve effective stabilisation in the medium to long-term. For the
purpose of this condition, an effectively stabilised surface is defined as one that does not, or
is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or
lead to sedimentation, or lead to water contamination.
Damage to Services and Assets
96. 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.
Landscaping
97. The development site must be landscaped. The works must be undertaken in accordance
Noosa Plan PSP 2 – Landscaping and generally in accordance with the approved
Landscaping Plans and in particular:
a. A dense 2m minimum landscaped setback to the full length of the site’s frontage to
Pearl Street (excluding access, fence and bin enclosure).
b. A dense 2m minimum landscaped setback to the full length of the site’s frontage to Elm
Street.
c. A dense 1m minimum landscaped setback to all side boundaries (excluding stormwater
infrastructure).
d. Retention of all existing street trees.
98. Deleted
99. 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 PSP2 Landscaping.
100. Suitable root barriers must be installed where proposed trees are adjacent to paths,
pavement etc in accordance with Council’s Planning Scheme Policy PSP2 Landscaping.
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Bioretention Basins
101. 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.
102. Deleted
103. Deleted
FOLLOWING CONSTRUCTION / PRIOR TO THE COMMENCEMENT OF THE USE
Certification
104. 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. Certification
of the completed works must specifically include RPEQ certification that the completed works
conform with all aspects and assumptions of the hydraulic assessment for the development
generally in accordance with Site-Based Stormwater Management Plan (Reference 23098 -
SBSMP/4 Dated 14/5/2024) prepared by Morgan Consulting Engineers
As Constructed Plans and ADAC XML Files (Council)
105. 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 shall include:
a. 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;
b. 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.
c. The “As-Constructed” drawings will require certification by a:
i. 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;
ii. Licensed Surveyor in regard to the cadastral and locational information, levels
and applicable survey datum.
d. 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.
e. The building envelope data must be submitted in both hardcopy and digital format
(ADAC XML Digital File). ADAC - Asset Design As Constructed, is to be prepared in
accordance with industry standards and recorded in “MGA - UTM56 / GDA94”
projection.
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On Maintenance
106. 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:
a. certification that all works have been undertaken and completed in accordance with the
requirements of this Permit
b. as Constructed details in accordance with Council’s Planning Scheme Policy
c. maintenance and operational manuals for all proprietary or site specific devices
Off Maintenance
107. Prior to requesting an Off Maintenance inspection the developer must provide a written
request for the Off Maintenance inspection.
108. A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged
where:
a. A Council inspection reveals works do not comply with approval requirements
b. Submitted certification falsely states works comply with approval requirements.
5. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Concurrence SARA at DILGP SARA Schedule 10, Part 9, The agency provided its
at DILGP Via MyDAS2 Division 4, Subdivision 2, response on 10 April
at https://prod2.dev- Table 4 – Development 2024 (Reference No.
assess.qld.gov.au/suite within 25m of state- 2402 – 39295 SPD). A
/ (for assistance, controlled road corridor copy of the response is
contact DILGP at 5352 attached
9701 or
email:[email protected]
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
PLANNING
Submission of Amended Plans Required
1. The conditions of this Decision Notice require resubmission of plan/s to Council with
amendments. Please address the amended plan/s to Council’s Development Assessment
Branch with the Reference No. MCU21/0117.01 separate to any development application.
Aboriginal Cultural Heritage Act 2003
2. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
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 ACH Act can also issue stop orders for an activity
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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 Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
3. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Advertising Devices
4. 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.
Development Compliance Inspection
5. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Advertising Devices
6. 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
7. 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
ENGINEERING
General Advisory Notes
8. As this driveway is a private structure, the owner bears full responsibly for the standard of its
construction, maintenance and any liabilities associated with its construction. It is
recommended that professional advice be sought for the construction of the driveway to
ensure that the driveway is constructed in accordance with standard drawings RS-051.
9. 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.
10. 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.
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11. 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
12. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
13. 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.
14. 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
15. 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
16. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control
17. 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).
18. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
a. 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
b. 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 plan sealing, 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.
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Building and Construction Industry (Portable Long Service Leave) Levy
19. 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.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. REFERENCE DOCUMENT
Plan No. Rev. Plan/Document Name Date
23098 - SBSMP/4 4 Site-Based Stormwater Management Plan 14/5/2024
prepared by Morgan Consulting Engineers
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
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 on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Andrew Gaffney
Senior Development Planner
Enc: Referral Agency Response
Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc. SARA at DILGP
Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/
(for assistance, contact DILGP at 5352 9701 or email [email protected])
Unitywater
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DECISION NOTICE HISTORY
• Original Decision Notice – 8 November 2021.
• Negotiated Decision Notice – 19 January 2022, with an
amendment to conditions 2, & 29 and delete conditions 98, 102,
103 and 104, disagree to amend condition 35
• Decision Notice - Minor MCU21/0117.01 - 12 July 2024, with an
amendment to conditions MCU21/0117.01 - 2,5,29,31,32,34,35,
Additional advisory Notes & Part 5, delete conditions 43-47;
OPW21.0199.01 – amend condition 48,49,63,86, 97 and 104,
delete condition 50
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Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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Document Set ID: 23112081 Changed response (2402-39295 SPD Outcome: Date of original response: Original reference: Conditions: Advice: Development details Referral agency response — with conditions. 25 August 2021 2107-23919 SRA The conditions in Attachment 2 must be attached to any development approval Changed Advice to the applicant is in Attachment 3 Description: SARA role: SARA triggers: Applicant contact details: Additional details permit for a material change of use for a multiple dwelling (11 x units) Development permit for associated operational works including landscaping. driveways, drainage, and fencing. Referral agency Schedule 10, Part 9, Division 4, Subdivision 2, Table 4 (Planning Regulation 2017) Development application for a material change of use within 25m of a state-controlled road corridor Noosa Shire Council 54 Elm Street and 5 Pearl Street, Cooroy Lot 2 on RP64750 and Lot 2 on RP153798 4CD DEVELOPMENTS PTY LTD Cl- RC Strategic PO Box 181 Noosa Heads QLD 4566 [email protected] Native title considerations: Human Rights Act 2019 considerations: Dispute resolution Native title considered to be extinguished over the area covered by the conclusion boundary in accordance with module AB of the Native Title Work Procedures. Consideration of the Human Rights Act 2019 sections 15 to 35 has. been undertaken as part of this response. It has been determined that this response does not limit human rights. Appeal: State Assessment and Referral Agency Version: 5, Version Date: 17/07/2024 The rights of applicants to appeal to a tribunal or the Planning and Environment Court against decisions about a change application are set out in Chapter 6, Part 1 of the Planning Act 2016. Copies of the relevant provisions are in Attachment 4. Page 2 of 9 Page 23 of 31
Page 24
(2402-39295 SPD For further information please contact Danika Cowie, Principal Planning Officer. on (07) 5352 9776 or via email [email protected] who will be pleased to assist. Yours sincerely Paul Gleeson A/Manager enc Attachment 1 - Reasons for responsible entity decision Attachment 2 - Changed referral agency conditions Attachment 3 - Changed advice to the applicant Attachment 4 — Appeal provisions Attachment 5 — Documents referenced in conditions c Noosa Shire Council, maiinoosa.qit.gov.au State Assessment and Referral Agency Page 3 of 9 Page 24 of 31 Document Set ID: 23112081 Version: 5, Version Date: 17/07/2024
Page 25
(2402-39295 SPD Attachment 1—Reasons for responsible entity decision (Given under section 83(0) of the Planning Act 2076) The reasons for SARA’s decision are: The original application was for a material change of use for a multiple dwelling (11x units). The lication is for a material of use for a multiple dwelling (12x units) resulting in an increase in the number of units by one additional unit to the I. of the internal access road to the local road, resulting in 3 pods instead of the originally approved 4 pods of buildings. The development site is located within 25m of a state-controlled road (Eim Street) and within 100m of 8 state-controlled road intersection (Elm Street / Pearl Street intersection). The proposed access for the development will be via Pearl Street which is a local road. The proposed development complies with State code 1: Development in a state-controlled road environment, of the State Development Assessment Provisions, version 2.6, subject to conditions: 9° to minimise noise intrusions on a development from a state-controlled transport corridor. © to ensure that the impacts of stormwater events associated with development are minimised and managed to avoid creating any adverse impacts on the state-transport corridor. © to maintain the safety and efficiency of the state-controlled road by reducing the number of road access. Material used in the assessment of the application: The development application material and submitted plans Planning Act 2016 Planning Regulation 2017 The State Development Assessment Provisions (version 2.6), as published by the department The Development Assessment Rules SARA DA Mapping system Human Rights Act 2019 State Assessment and Referral Agency Page 4 of 9 Document Set ID: 23112081 Version: 5, Version Date: 17/07/2024 Page 25 of 31
Page 26
Attachment 2—Changed referral agency conditions
2402-39295 SPD
(Under secton 56(1\b)(i) of the Planning Act 2016 the following conditions must be attached to any development
approval relating to this application) (Copies of the documents referenced below are found at Attachment 5)
No. | Conditions
| Condition timing
Material change of use for a multiple dwelling
10.9.4.2.4.1—Material change of use of premises near a state transport corridor—The chief executive
administering the Planning Act 2016 nominates the Director-General of Transport and Main Roads to
be the enforcement authority for the development to which this development approval relates for the
administration and enforcement of any matter relating to the following conditions:
1.
(a) Carry out the development generally in accordance with the
prepared by Danad Moors dated 27.2021, report number
{Environmental Traffic and Rail Noise Level Impact
Asses: David Moore & Associates
Ltd dated 17 Jan reference R23089.docx/D3819 Rev 0.
In particular —
(i) construct @ 2 metre and 1.8 metre noise barrier in the
(b) The noise barrier must be designed in accordance with:
(i) the Department of Transport and Main Roads’ Road
Traffic Noise Management Code of Practice, Chapter 5°
Specifications MRS15 and MRTS15; and
(ii) Standard Drawings Road Msnual, Part 13.
(c) RPEQ certification must be provided to North Coast Region via
North.Coast [email protected] or 5451 7055 within the
Department of Transport and Main Roads, confirming that the
has been constructed in accordance with parts (a)
and (b) of this condition.
Prior to the
commencement of use
and to be maintained at
all times.
(8) Stormwater management of the development must ensure no
worsening or actionable nuisance to the state-controlled road.
(b) Any works on the land must not:
(i) create sny new discharge points for stormwater runoff
onto the state-controlled road;
(ii) interfere with and/or cause damage to the existing
stormwater drainage on the state-controlled road;
(iii) surcharge any existing culvert or drain on the state-
controlled road;
{iv) reduce the quality of stormwater discharge onto the
state-controlled road.
(c) RPEQ certification with supporting documentation must be
provided to North Coast Region via
North.Coast [email protected] or 5451 7055 within the
(s)
At all times.
(b)
At all times.
{c)
Prior to the
commencement of use.
Document Set ID: 23112081
Version: 5, Version Date: 17/07/2024
Sate Assessment and Referral Agency
Page 5 of 9
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Page 27
2402-39295 SPD Department of Transport and Main Roads, confirming that the has been designed and constructed in accordance with parts (a) and (b) of this condition. 3. (a) The existing vehicular property access located between Lot 2.0n | Prior to the RP64750 and Elm Street must be permanently closed and commencement of use. removed. (b) The pavement edge and footpath between the pavement edge and the property boundary must be reinstated in accordance with the Department of Transport and Main Roads' Road Planning and Design Manual 2nd edition at no cost to the Department of Transport and Main Roads’. State Assessment and Referral Agency Page 6 of 9 Page 27 of 31 Document Set ID: 23112081 Version: 5, Version Date: 17/07/2024
Page 28
2402-39295 SPD Attachment 3—Changed advice to the applicant General advice 1. Terms and phrases used in this document are defined in the Planning Act 2016, its regulation or the State Development Assessment Provisions (SDAP) v2.6. If a word remains undefined it has its ordinary meaning. Road works approval: Under section 33 of the Transport Infrastructure Act 1994, written approval is required from the Department of Transport and Main Roads to carry out road works on 4 state-controlled road. Please contact the Department of Transport and Main Roads’ on [email protected] to make an application for road works approval. This approval must be obtained prior to commencing any works on the state-controlled road reserve. The approval process may require the approval of engineering designs of the proposed works, certified by a Registered Professional Engineer of Queensland (RPEQ). Please contact the Department of Transport and Main Roads’ as soon as possible to ensure that gaining approval does not delay construction. State Assessment and Referral Agency Page 7 of 9 Document Set ID: 23112081 Version: 5, Version Date: 17/07/2024 Page 28 of 31
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Attachment 4—Appeal provisions 2402-39295 SPD (page left intertéonalty béank) State Assessment and Referral Agency Page 8 of 9 Document Set ID: 23112081 Version: 5, Version Date: 17/07/2024 Page 29 of 31
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Attachment 5—Documents referenced in conditions 2402-39295 SPD (page left intertfonally bark) State Assessment and Referral Agency Document Set ID: 23112081 Version: 5, Version Date: 17/07/2024 Page 9 of 9 Page 30 of 31
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
Page 31 of 31
Document Set ID: 23112081
Version: 5, Version Date: 17/07/2024
Used in these records
SUPERSEDED Minor Change Existing Approval MCU21/0117 01 & OPPW21/0199.01Related documentApplication case desk ↗
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