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Delegated Report - Code - Planning MCU22 0171 [As Published] · MCU22/0171

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               DEVELOPMENT ASSESSMENT DELEGATED REPORT

               Author                  Development Planner, Lisa Pienaar
                                       Development Assessment



                  APPLICATION DETAILS

                  Application No.                   MCU22/0171

                  Applicant                         Caroline Elizabeth Cullen
                                                    Michael Cullen

                  Proposal                          Material Change of Use - Dual occupancy

                  Properly Made Date                29 September 2022

                  Information Request Date          5 December 2022

                  Information Response Date         30 January 2023
                                                    Further Advice response: 9 March 2023

                  Decision Due Date                 3 April 2023

                  Report Reviewed &                 Nadine Gorton
                  Finalised By
                                                    5.04.2023


                  PROPERTY DETAILS

                  Property Address                  128 Gympie Tce Noosaville Qld 4566

                  RP Description                    Lot 1 MCH 3881

                  Land Area                         556 m²

                  Existing Use of Land              Vacant


                  STATUTORY DETAILS

                  SEQRP Designation                 Urban Footprint

                  Zone                              Medium Density Residential

                  Precinct                          Not Applicable

                  Local Plan Area                   Noosaville

                  Overlays                          Acid Sulfate Soils (5 metres AHD or Below)
                                                    Flood Hazard

                  Assessment Type                   Code




Document Set ID: 22352422
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Full text of the other 21 pages

Page 2

               1.     PROPOSAL
               The application seeks approval for a Material Change of Use - Dual occupancy. The proposal is
               for 2 x 3 bedroom dwellings, Unit 1 on the ground level and Unit 2 one on the first level, with a
               shared foyer and basement. Each dwelling has a pool and outdoor entertaining spaces at the rear
               of the building, orientated towards Noosa River. A basement is proposed which has
               accommodation for 5 vehicles, a gym, sauna, storage space and pool system storage.
               The building is of a contemporary design with external sun- sails extending over the external walls.
               The locality and proposal plan are included below.




                                                        Figure 1 – Locality




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                                            Figure 2 – Site Plan




                                       Figure 3 – Basement Floor Plan




                                         Figure 4 – First Floor Plan




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                                       Figure 5 – Second Floor Plan




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                                                     Figures 6 – Elevations




                                          Figure 7 – Rendering of external building form


               2.      SITE DETAILS
               2.1. Background
               Site:
               The site has approval for a dual occupancy. As the site has changed ownership, the applicant has
               indicated there is no intention to proceed with that approval which is still current.

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               Application:
               A pre-lodgement meeting for the proposal was held on 6 July 2022. At this meeting it was noted
               that the proposed plans did not meet the character and design requirements of the Noosa Plan,
               exceeded Gross Floor Area and site cover requirements, did comply with setback requirement as
               well as other issues.
               During the process there have been a significant number of plans provided by the applicant and
               meetings held in an attempt to comply with Noosa Plan. The final plans provided by the applicant
               still have some non-compliances which can be addressed through reasonable and relevant
               conditions.
               2.2. Site Description
               The site fronts Gympie Terrace with Chaplin Park adjoining to the rear, and Noosa River beyond.
               The site is reasonably flat and previously had a Motel on site which was built across 4 lots. This
               building has since been removed.
               The site is long and narrow, at only 12.3 metres wide.
               2.3. Surrounding Land Uses
               The site is within an area that has a mix of dual occupancies and multiple dwellings, with some
               single dwellings along Eumundi Noosa Road. The Noosaville Local centre is located due east
               within walking distance.
               3.       ASSESSMENT
               3.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
               •        State Planning Policy;
               •        South East Queensland Regional Plan;
               •        Planning Regulation 2017; and
               •        Noosa Plan 2020.
               3.2. Noosa Plan 2020
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •        Medium Density Residential Zone Code;
               •        Noosaville Local Plan Code;
               •        Dual Occupancy & Multiple Dwelling Use Code;
               •        Works Codes;
               •        Flood Overlay Code
               •        Acid Sulfate Soils Overlay Code.
               The subject site is located in Noosaville and is zoned Medium Density Residential. The proposed
               use is identified as a consistent use within the zone and is required to follow a code assessable
               application process.
               The application has been found to generally comply with all applicable statutory instruments. The
               pertinent issues arising out of the assessment are discussed below:

                    Criteria                      Planning Scheme              Proposal               Complies

                    Building height
                    •   storeys                   2 storeys max                2 storeys              
                    •   metres                    8 metres                     8.15 metres NGL         X


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                  Site cover                     40% max                40 %                      

                  Gross floor area               222.46 m² max          222 m²                    
                  Plot ratio                     0:4.1 max.             0:4.1                     

                  Boundary setbacks - Basement
                  • Frontage                     6 metres min           8.7 metres                
                  • Western Side                 1.5 metres min         1.0 metre                 X
                  • Eastern Side                 1.5 metres min         0.3 - 1.5 metres          X

                  • Rear                         6 metres min           3.1 -7.5 metres           X

                  Boundary setbacks - GF
                   * Frontage                    6 metres min           8 metres                  
                  * Western Side                 1.5 metres min         1 m ramp wall, > 1.5m     X
                                                                        m otherwise
                  * Eastern Side                 1.5 metres min                                   
                                                                        2.4 metres (pond 0.9m)
                                                                        1.2 metres – pool
                  * Rear                         6 metres min                                     X
                                                                        4.4-4.9m to deck

                  Boundary setbacks - FF
                   * Frontage                    6 metres min           6.6 metres to eave        
                  * Western Side                 2.5 metres min         1.8      metres      to   X
                                                                        eave/sunshade; 2.3 m to
                  * Eastern Side                 2.5 metres min         the wall
                                                                        1.8      metres      to   X
                                                                        eave/sunshade; 2.3 m to
                                                                        the wall

                  * Rear                         6 metres min           8.8 metres                

                  Length of wall                 15 metres max          < 15 metres               

                  Roof Form
                  * Pitch                        Min 5 degrees          5 degrees                 
                  * Eaves                        Min 600mm to 75%       600mm to >75%             

                  Landscaped open space          222 m² min (40%)       240 m²                    
                  Soft landscaping               144 min 60% of total   145 m²                    
                  Landscaping Setbacks (front)   6m                     3m                        X

                  Private Open Space             GF – 25m2 min          GF – 165 m²               
                                                 FF – 12m2 min          FF – 60 m²                

                  Carparking                     2 covered min          5 covered                 
                                                 1 uncovered min




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               Building Height
               Acceptable outcome AO7.1 of the Medium Density Residential Zone Code seeks a maximum
               building height of 8.0m (but not exceeding 2 storeys). This is to ensure buildings and other
               structures are low rise and present a building height consistent with structures on adjoining and
               surrounding land. The provision also seeks to ensure buildings do not visually dominate the street,
               surrounding spaces or the existing skyline while preserving the amenity of surrounding land and
               adjoining lots.
               The height encroachment is limited to the top of the roof pitch, with the rest of the roof well under
               the 8 metres at approximately 7.6 metres.
               The subject site is affected by the flood hazard and is required to have finished floor height of 2.7
               metres which contributes to the height encroachment.
               The height is generally in keeping with other developments in Noosaville where flood immunity is
               necessary and is not out of character with the street. The height encroachment is therefore
               supported.
               Front setback
               AO12.1 of the Medium Density Residential Zone Code details that buildings and structures are to
               be setback 6 metres from the frontage. The proposal plans detail sail structures/ pedestrian sun
               shades within the 6 metre setback which are not supported as they are considered as structures
               that impact on the ability of landscaping to be provided and are not consistent with the character
               of the area. A condition has been included requiring removal of the structures.
               Rear Setback
               The lower pool is proposed to be setback 1.2 metres and the lower deck is proposed to be setback
               4.5 metres in lieu of 6 metres. Landscaping is proposed in between the pool and the fence. Refer
               Figure 7.




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                                              Figure 7 – structures in the rear setback



               The pool is at height of 1.6 metres at the highest point and sits behind the fence with landscaping
               in between. The elevations show the face of a pool presenting as you would expect a fence to
               present. Refer Figure 8. The pool complies with the side boundary setbacks and the applicant has
               demonstrated that no overlooking is possible into the adjoining property.




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                                                     Figures 8 – pool and deck



               Stairs are also located in the rear and side setback up to 1.3 m from existing ground level. They
               are proposed to be landscaped either side. A side boundary fence is proposed at 1.8 metres above
               the 2.7 m floor level which will prevent overlooking. There is a concern the fence height on the
               boundary adjoining the stairs is excessive and creates additional impacts on the adjoining property.
               Refer Figures 9.




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                                       Figure 9 – wall on boundary adjoining stairs.




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               Therefore, it is proposed to condition that the fence height from existing ground level 3 metres in
               from the rear boundary is no greater than 2 metres high.
               A rear entry gate is also proposed at a height of 3 metres from existing ground level. Although this
               will sit at the height of the proposed boundary fence height of 1.8 metres, it is a structure in the
               rear setback, above fence height and intrudes on the landscaped open space amenity where
               viewed externally. It is recommended that this gate be at least 50% visually permeable and a
               condition will be included accordingly.
               Although the basement intrudes into the rear setback, it is noted that decks are situated above and
               can be considered as landscaped open space.
               A shade sail extends into the rear setback over the proposed ground level pool. The shade sail
               assists in providing privacy to the rear deck and due to its lightweight nature and location
               supported. A condition requiring the structure to be lightweight is included.
               Side Setback
               The subject site is narrow at just over 12.63 metres wide. Although the building meets the setbacks
               requirements to the walls of the part of the building above ground, it seeks relaxations of some
               structural and architectural elements on the eastern and western side of the building as follows:
               Basement:
                •   The basement is setback 1 m on the western boundary for the length of the basement, in lieu
                    of 1.5m.
                •   The basement is setback 0.3 m on the eastern boundary for a length of 13.4 metres which is
                    the length of the car spaces in lieu of 1.5m.


               Ground floor:
               The wall to the ramp of the basement is setback 1 metre in lieu of 1.5 m at a height of 1 metre from
               finished ground level.
               Assessment
               AO16 (b) of the Medium Density Residential code seeks that basements do not encroach into
               boundary setbacks. Performance outcome PO16 seeks:
               Basements:
                  a) visually integrate with the building;
                  b) do not dominate the street or building design;
                  c) are screened through landscaping; and
                  d) do not present as a storey to the street.
               Between the ramp wall and the western boundary is a pedestrian pathway with stepping stones
               accessing the side of the building which limits landscaping for a length of 16 metres between the
               ramp wall and the existing boundary block wall. The Senior Environment officer has recommended
               planting on both side boundaries.
               The Noosa Plan 2020 defines a basement and ground level as:
               basement means a space—
                  a) between a floor level in a building and the floor level that is immediately below it; and
                  b) no part of which is more than 1m above ground level.

               ground level means—
                  a) the level of the natural ground; or
                  b) if the level of the natural ground has changed, the level as lawfully changed.

               The proposal details the proposed basement as being below the finished ground level that will be
               required as a result of the minimum floor height for the site due to flood inundation. Whilst the


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               proposed basement does not comply with the natural ground level as defined in the scheme, it will
               be below the required fill level and result in a basement below a lawfully changed ground level.
               The proposed basement is well integrated into the building, does not present as a storey, will not
               be visible to the street or surrounding area due to required filling and does not dominate the street
               or the building. The basement is considered to meet the Performance outcome.
               AO2.2 of he Landscaping Code states that basement car parks do not extend beyond the above
               ground footprint to allow for deep and soft planting within building setback areas in AO2.2.
               The difference between compliant setbacks and non compliance is 0.5 metres on the western
               boundary and in part 1.2 metres on the eastern boundary. Refer Figure 3. This relaxation is
               supported as:
                    • A basement would not be possible where complying with the required setbacks.
                    • The alternative at grade parking/garages which would dominate the frontage of the site.
                    • The site is narrow and the intrusions are required to achieve manoeuvring on site.
                    • The eastern intrusion relates to an area of basement carparking.
                    • Additional carparking is provided on site that is not visible to the surrounding area.
                    • Side boundary setbacks to the north and south of the building are able to support meaningful
                      landscaping that will screen the development.
               The proposed landscaping complies with AO10.1 of the Dual Occupancy Code as it provides in
               excess of the required 40% landscaping and 60% soft landscaping, with more than 3 metre wide
               gardens in the front setback. Refer Figure 10. Robust landscaping conditions have been included
               to ensure there is sufficient softening of the building.




                                       Figure 10 -landscape open space at ground and upper level

               Upper Floor
               AO12.1 of the Medium Density Residential Zone code seeks:
               Buildings and structures meet the following minimum boundary setbacks for side boundaries—

                •   1.5 metres setback up to 4.5 metres height;
                •   2 metres setback between 4.5 metres and 7.5 metres height; and
                •   2.5 metres where above 7.5 metres height
               It is proposed that:
               •    Shade sails at 1.8 in lieu of 2 metres
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               •    Eaves at 1.9 metres in lieu of 2.5 metres
               Assessment
               It is noted that the setback to the walls of the upper level are 2.3 metres with the shade sails coming
               down the side of the upper floor. This is an architectural aspect of the building which attaches to
               the eave of the building. Performance outcome PO12 seeks that privacy and amenity are protected
               and provided with the site and adjacent to the site and allows for landscaping, outdoor living and
               utilities at ground level to be provided. The shade sails also serve to prevent overlooking from the
               upper level. Appropriate landscaping conditions are recommended to ensure the building
               integrates into the landscaping.
               Generally
               AO20.1 (a) of the Medium Density Residential zone code seeks that are buildings and structures
               are sited and orientated to minimise the likelihood of overlooking the private open space of
               adjacent residential uses and AO20.1 (c) seeks that screening mitigates impacts on adjoining
               residential uses.
               Although the pool and deck are well setback from all boundaries, there was an initial concern that
               overlooking from the upper level pool and deck may occur, with amended plans provided that
               extended the sunshade sails and introduced additional privacy screens. This will ensure that no
               overlooking into adjoining property is possible.


               4.     CONSULTATION
               4.1. Referral Agencies
               Not Applicable
               4.2. Internal Council Referrals
               The application was forwarded to the following internal Council officers for review and/or comment:
               •      Senior Environment Officer – comments:
               The application material has provided with the further advice provides an acceptable area of deep
               soil for landscape gardens along the eastern boundary of the site. Suitable species that grow to
               approx. 8-10 metres have been conditioned to assist in the softening of the built form from
               neighbouring properties.
               The plans indicate 4 rainwater harvesting tanks under the driveway and landscape garden bed.
               The position of the two rainwater tanks under the landscape garden don’t allow for the full width of
               the garden bed to be utilised. These two water tanks need to be removed from the garden bed
               /landscape area.
               Future operational works application for landscape will address the details of the landscape
               including species and suitable locations to soften the built form.
               Conditions have been recommended accordingly.
               •      Engineering Officer – comments:
               The proposed development includes the construction of a two-storey duplex on a vacant lot along
               Gympie Terrace. The site is unable to gain access via Gympie Terrace and is accessed from Mill
               Street via an existing access easement, burdening 126 Gympie Terrace. The development is
               located in Council’s Mapped Flood Hazard overlay and includes the construction of a basement
               garage. The development achieves a flood immunity (2.4m AHD) prior to the downward slope of
               the basement. A basement sump is being proposed to collect and discharge rainwater captured
               on the 25m2 catchment area from the downward slope of the internal driveway. The development
               was referred to Council’s external stormwater consultant who was generally satisfied that the
               proposed works complies with the relevant codes/standards. In an event greater than the 1% AEP
               event, the basement is likely to become inundated. The associated risk is low and localised to the
               owner(s).



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               A Dewater and Acid Sulfate Soils Management Plan and Geotechnical Report has been
               conditioned to be provided as part of a future Operational Works application for external works,
               earthworks and drainage.

               Conditions have been recommended accordingly.


               5.       CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme and
               does not raise any significant issues that cannot be addressed by reasonable and relevant
               conditions. The application is therefore recommended for approval.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No MCU22/0171 for a Material Change of Use - Dual occupancy situated
               at 128 Gympie Tce Noosaville and described as Lot 1 MCH 3881, it is recommended the
               application be approved in accordance with the following details for the Decision Notice:
               1.       APPLICATION DETAILS

                   Application No:              MCU22/0171

                   Street address:              128 Gympie Tce Noosaville Qld 4566

                   Real property description:   Lot 1 MCH 3881

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.       DECISION DETAILS

               Council decided to issue the following type of approval:
               •        Development Permit for Material Change of Use - Dual Occupancy
               3.       CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.       ASSESSMENT MANAGER CONDITIONS

               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 authorised by this approval must be undertaken generally in accordance with
                         the Approved Plans listed in the tables below. The plans must be amended to incorporate
                         the amendments listed within the table below and resubmitted to Council prior to the issue
                         of any Development Permit for Operational Works.

                          Plan         Rev. Plan/Document Name                                    Date
                          No.

                          DD1.2        -    Basement     Floorplan,   prepared    by   Sparkes 24.03.2023
                                            Architects

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                         DD1.6         -   Landscaping Areas, prepared by Sparkes Architects     24.03.2023

                         DD2.1         -   North Elevation, prepared by Sparkes Architects       24.03.2023

                         DD3.2         -   Section B, prepared by Sparkes Architects             24.03.2023

                         DD4.2         -   Indicative materials and details                      14/02/2023

                      The following plans require amendment.

                         Plan No.             Rev.   Plan/Document Name                           Date

                         DD1.1               -       Site Plan, prepared by Sparkes Architects    24.03.2023

                         DD1.3               -       Ground Floorplan, prepared by Sparkes 24.03.2023
                                                     Architects

                         DD1.4               -       Driveway, prepared by Sparkes Architects     24.03.2023

                         DD1.5               -       First Floorplan,    prepared   by   Sparkes 24.03.2023
                                                     Architects

                         DD2.2               -       East Elevation,     prepared   by   Sparkes 24.03.2023
                                                     Architects

                         DD2.3               -       South Elevation, prepared by Sparkes 24.03.2023
                                                     Architects

                         DD2.4               -       West Elevation, prepared by Sparkes 24.03.2023
                                                     Architects

                         DD3.1               -       Section A, prepared by Sparkes Architects    24.03.2023

                         DD3.3               -       Section C, prepared by Sparkes Architects    24.03.2023

                         Amendments           Remove the shade sails located within the Gympie Terrace front 6.0
                                              metre setback


                      Currency Period
                 3.     This development approval lapses if the use has not happened by 14 April 2029, unless
                        an application to extend the currency period is approved by Council.
                      Building Height
                 4.     The maximum height of the development must not exceed that shown on the approved
                        plans.
                 5.     Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld)
                        which certifies that the building does not exceed the maximum height requirement of this
                        Decision Notice.




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                       Performance Bond
                 6.     Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must
                        be submitted to Council, to secure performance of all conditions of this approval, prior to
                        the issue of a Development Permit for Operational Works. The cash bond or trading bank
                        guarantee will be returned on performance of the conditions of approval less any costs
                        incurred by Council in respect of enforcing performance of this permit. Council reserves the
                        right to call upon the bond or guaranteed sum to effect compliance with conditions.
                       Building Appearance
                 7.     External finishes of the building must be a mix of lightweight and textured external finishes,
                        with masonry areas incorporating a variety of textured finishes to break up the surface.
                 8.     The external Outrigger/Sun-shades as detailed on the proposed plans are to be maintained
                        for the life of the building. The Outrigger/ Sun-shades are to have a maximum of 50%
                        openings.
                 9.     The sun- shades located within the rear 6.0 metre setback to Chaplin Park are to be of a
                        light weight and open construction.
                 10.    All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or
                        the like thus remaining as open structures.
                 11.    All balustrades to decks and balcony areas must be open or transparent.
                 12.    External colours and finishes must be of an understated colour scheme and low-reflective
                        roofing and cladding materials.
                 13.    All air conditioning units or other mechanical equipment must be fully enclosed or screened
                        such that they are not visible from the street frontages nor adjoining properties.
                 14.    Waste storage areas, clothes drying areas and external storage areas must be screened
                        from view of the street.
                       Fencing and Walls
                 15.    Any street fencing must not exceed 1.8 metres in height, be set back an average of 1 metre
                        and articulated to provide visual interest by stepping the design.
                 16.    The area of land between the fence and the front property boundary must be densely
                        landscaped to screen any fencing from the street.
                 17.    The proposed fill and side boundary fences must taper down to the rear and front boundary
                        to the reasonable satisfaction of the Manager Development Assessment.
                 18.    The rear gate must at least 50% visually permeable to enable landscaping behind to be
                        visually dominant where viewed externally.
                 19.    The wall on the western side boundary at the rear (adjacent to the stairs) must step down
                        from the gate to the rear (northern) boundary, with the fence height no greater than 2 metres
                        high from existing ground level for a length of 3 metres in from the rear (northern) boundary.
                        The fence is to maintain privacy to the adjoining site to the west.
                       Protection of Privacy
                 20.    The upper level terrace must include either balcony planter boxes, balustrading or fixed
                        external screens, positioned in such a way to obscure direct views into the private open
                        space areas of the adjoining property to the north as shown on the Approved Plans.
                       Landscaping
                 21.    The development site must be landscaped. The works must be undertaken in accordance
                        with an Operational Works approval and the Noosa Plan for that specific area and must
                        include in particular:
                       a.     Detailed landscape plans undertaken by a qualified person generally in accordance
                              with the works shown on the Approved Plans;

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                       b.     Landscape screening in the form of large trees provided to the eastern and western
                              boundary capable of growing 8-10 metres in height at maturity;
                       c.     vegetation with vertical scale to be provide screening / softening of the Southern
                              elevation from Gympie Terrace, designed such that 30% of the eastern elevation will
                              be softened at maturity;
                       d.     removal or reduction in size of rainwater collection tanks from the front landscape
                              garden adjacent Gympie Terrace to ensure deep planting is achievable.
                 22.    All landscape works must be established and maintained in accordance with the approved
                        design for the life of the development, and in a manner that ensures healthy, sustained and
                        vigorous plant growth. All plant material must be allowed to grow to full form and be
                        refurbished when its life expectancy is reached.
                 23.    All landscape works must be maintained generally in accordance with the approved design
                        for the life of the development.
                       Waste Management
                 24.    A waste storage area must be provided in accordance with Planning Scheme Policy 9,
                        Waste Management and the Noosa Plan’s Waste Management Code, including an external
                        imperviously paved area correctly sized for all refuse and recycling containers and suitably
                        screened from public places and neighbouring properties.
                       Community Management Statement
                 25.    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.
                 26.    All clauses and by-laws of the proposed Community Management Statement must accord
                        with the requirements of this Decision Notice and, in particular, must include the following
                        additional clause:
                              The dwelling units are not permitted to be used for short term accommodation, unless
                              where identified as accepted development by the Noosa Plan or where there is a
                              Development Permit for Material Change of Use for Short Term Accommodation in
                              effect. Short term accommodation means the use of the premises for providing
                              accommodation of less than 3 consecutive months to tourists or travellers.
                       External Works
                 27.    Gympie Terrace must be upgraded for the length of its frontage to the subject site. The
                        works must be undertaken in accordance with an Operational Works approval, be generally
                        accordance with DME Project’s Proposed Layout Ground Floor (Revision C) dated March
                        2023 and must include the construction of a pedestrian footpath in accordance with the
                        conditions of this Decision Notice.
                 28.    A footpath must be provided for the development. The works must be undertaken in
                        accordance with an Operational Works approval and must include in particular:
                       a.     A 2 metre wide concrete footpath within the road verge for the entire length of the site’s
                              frontage to Gympie Terrace.
                       a.     The new pathway must be constructed of materials similar in colour and finish to the
                              existing pathway between the subject site and Mill Street.
                       Property Access and Driveways
                 29.    Vehicle access to 128 Gympie Terrace is limited limited to the existing access easement
                        via Mill Street and must be constructed generally in accordance with DME Project’s
                        Proposed Layout Driveway and Basement (Revision C) dated March 2023.



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                       Car Parking
                 30.    A minimum of 5 car parking spaces must be provided and marked on the site. The works
                        must be undertaken in accordance with an Operational Works approval and must include
                        in particular dimensions, crossfalls and gradients in accordance with Australian Standard
                        AS2890: Parking Facilities.
                       Stormwater Drainage
                 31.    The site must be provided with a stormwater drainage system connecting to a lawful point
                        of discharge. The works must be undertaken in accordance with an Operational Works
                        approval and be generally in accordance with DME Project’s Stormwater Details (Revision
                        C) dated March 2023.
                 32.    A site-specific Dewatering and Acid Sulfate Management Plan must be submitted and
                        accepted by Council prior to the issue of an Operational Works permit. The site-specific
                        Dewatering and Acid Sulfate Management Plan must be prepared by a suitably qualified
                        person and demonstrate how Acid Sulfate affected water encountered during excavation
                        will be treated and disposed of.
                 33.    A clause must be included in any future Community Management Statement that states:
                       a.     the ongoing maintenance of the basement sump is wholly the responsibility of the
                              property owner(s).
                       Services
                 34.    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.
                 35.    Certification must be submitted to Council from all relevant service providers (Energex,
                        NBN and Unitywater) which certifies that the development has met the requirements of this
                        Decision Notice and all applicable legislation at the time of construction.
                       Easements
                 36.    Unless otherwise agreed in writing by the relevant service provider, any public or third party
                        infrastructure located on the subject site must be placed within an easement registered
                        against the title of the property.
                 37.    All easements must be designed in accordance with the planning scheme and granted at
                        no cost to the Grantee. Where the Grantee is Council or a service authority, the easement
                        documentation must be in accordance with the Grantee’s standard easement terms. Draft
                        easement documentation must be submitted to Council for endorsement.
                 38.    All works must be kept clear of any existing or proposed easements on the subject land,
                        unless agreed otherwise in writing by the Grantee.
                       Geotechnical Stability
                 39.    All works must be carried out in accordance with a Geotechnical Report (or part thereof)
                        prepared by a qualified person* and endorsed through an Operational Works approval.
                       *(Refer to Advisory Note)
                       Earthworks and Retaining Walls
                 40.    All fill and associated batters must be undertaken in accordance with an Operational Works
                        approval, contained entirely within the subject site unless written permission from the
                        respective landowner(s) is provided to Council and be generally in accordance with DME
                        Project’s Earthworks Sections 1 and 2 (Revision B and C, respectively) dated March 2023.
                 41.    All retaining walls must be designed and constructed in accordance with the planning
                        scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining
                        walls that are publicly accessible and exceed 1.0m in height must be fitted with a
                        commercial grade safety fence.

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               5.      REFERRAL AGENCIES

               Not applicable.
               6.      ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                       Building and Construction Industry (Portable Long Service Leave) Levy
                 42.    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.
                       Co-ordination of Operational Works Assessment
                 43.    Additional application fees apply to Operational Work applications where the different
                        aspects of the works are lodged separately. Significant savings in application fees will result
                        if all works are lodged in a single application.
                       Qualified Person
                 44.    For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability
                        for the development, a qualified person is considered to be a person who:
                       a.     is a Registered Professional Engineer of Queensland (RPEQ); and
                 b. has a degree in civil engineering or engineering geology; and
                 c. has a minimum of 5 years experience in the field of geotechnical engineering or engineering
                       geology.
                 45.    For the purpose of preparing a Landscape Plan, a qualified person is considered to be a
                        landscape architect, landscape designer and/or horticulturist with a minimum of 3 years
                        current experience in the field of landscape design.Infrastructure Charges
                 46.    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
               7.      PROPERTY NOTES

               Not applicable.
               8.      VARIATION APPROVAL DETAILS

               Not applicable.
               9.      FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required               Subject of the required Development Permit

                Development Permit for Operational Works          Access and Frontage works, Stormwater,
                                                                  Drainage work, Earthworks, Landscaping.

                Development Permit for Building Works             All building work.

               10.     SUBMISSIONS

               Not applicable.




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               11.    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.
               12.    OTHER DETAILS

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




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Document Set ID: 22352422
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