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Decision Notice OPW25 0154

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                                                                                 Officer:            Felix Gough
                                                                                 Direct Telephone:   07 53296561
                                                                                 Our Reference:      OPW25/0154
                                                                                 Your Reference:     531-001

               9 October 2025


               GE Bishop
               C/- Bax Engineering Pty Ltd
               PO Box 124
               PEREGIAN BEACH QLD 4573

               [email protected]



               Dear Madam/Sir
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 7 October 2025, Council decided to approve the
               application subject to conditions.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              OPW25/0154

                   Street address:              7 Happy Jack Creek Rd Ridgewood Qld 4563

                   Real property description:   Lot 9 SP 337801

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for Operational Works - Earthworks
               3.      CURRENCY PERIOD OF APPROVAL

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

               APPROVED PLANS
               1.      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.




               ABN 97.969.214.121                                                              PO Box 141
               noosa.qld.gov.au                                                         Tewantin QLD 4565
               [email protected]                                                         07 5329 6500
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                           Plan No.          Rev.   Plan/Document Name                            Date

                           531-001-100       A      Site Layout     Plan   Prepared    by   Bax 10/06/2025
                                                    Engineering
                                                    Annotated by Council

                           531-001-200       A      Earthworks Layout Plan Prepared by Bax 10/06/2025
                                                    Engineering
                                                    Annotated by Council

                           531-001-201       A      Earthworks Sections Prepared by Bax 10/06/2025
                                                    Engineering

                           531-001-202       A      Retaining Wall Details Prepared by Bax 10/06/2025
                                                    Engineering

               CURRENCY PERIOD
               2.     The Currency Period for this development approval lapses if the development has not
                      substantially started by 08/10/2027 unless an application to extend the currency period is
                      approved by Council.
                      Site Specific Conditions
                      Landslide Hazard
               3.     All works must be carried out in accordance with a site-specific Geotechnical Report
                      prepared by a suitably qualified person*. The site-specific Geotechnical Report must
                      demonstrate a low or very low risk of global slope instability.
               PRIOR TO COMMENCEMENT OF WORKS
                      Engineering
               4.     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.
               5.     Any conflict between the development and an existing or proposed service must be referred
                      to the relevant service authority for determination prior to commencement of works.
               DURING CONSTRUCTION
                      Engineering
               6.     The developer must meet any costs to repair damage to any Council asset during
                      construction, where damage is a result of the development works. Damage to assets must
                      be repaired immediately where it creates a hazard to the community. In circumstances where
                      the damage does not create a hazard to the community, it must be repaired immediately on
                      completion of the works associated with the development.
               7.     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.
               8.     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.      All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
                              specifications and guidelines



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                      c.      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
                      Earthworks and Retaining Walls
               9.     All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
                      on Earthworks for Commercial and Residential Development.
               10.    All earthworks and associated batters/retaining structures, both above and below ground
                      level, both temporary and permanent, must be contained entirely within the subject site
                      unless written permission from the respective landowner(s) is provided to Council.
               11.    Fall protection must be provided to retaining walls that are over 1m high.
               12.    Slope and batters are a maximum grade of:
                      a.      1 in 6 where in proximity to waterbodies
                      b.      1 in 4 for grassed areas.
                      c.      1 in 3 for planted areas.
                      d.      1 in 2 for combined structural engineering and planting solutions.
                      Stormwater Drainage
               13.    Appropriate scour protection must be provided at the outlet of all stormwater pipes including
                      temporary outlets.
               14.    Works associated with this permit must not adversely impact on the existing drainage
                      conditions on other properties (eg by blocking or interfering with natural overland flows).
               15.    Construction of all internal stormwater drainage works must comply with the relevant
                      section/s of Australian Standard AS/NZS 3500.3.
               16.    Prior to the completion of the development, all site surfaces must be effectively stabilised
                      using methods which have achieved effective short-term stabilisation and which will continue
                      to achieve effective stabilisation in the medium- to long-term (refer to E&SC Advisory Notes).
                      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.
                      Erosion and Sediment Control
               17.    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.
               18.    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.




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                      Council may request further controls to be installed should the implemented measures be
                      found inefficient.
               19.    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).
               20.    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.
               21.    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.
               22.    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
               23.    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.
               FOLLOWING CONSTRUCTION
                      Certification
               24.    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.
               5.     REFERENCE DOCUMENTS

               Not applicable.
               6.     REFERRAL AGENCIES

               Not applicable.
               7.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      General Advisory Notes
               1.     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.


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               2.     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.
               3.     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.
                      Qualified Person
               4.     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.
                      Environmental Advisory Notes
               5.     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
               6.     Accepted best practice standards include International Erosion Control Association
                      Australasia Best Practice Erosion and Sediment Control.
               7.     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).
               8.     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.
                              For example, while hydromulch can provide an immediate and effective stabilising
                              cover to soils, the protective cover can be relatively short-lived if vegetation fails to



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                              establish before the thin layer of mulch decomposes. So if hydromulch is selected as
                              the method of temporary short term stabilisation, Council Officers will seek to confirm
                              that perennial as well as annual grasses are well established at the time of plan sealing
                              to reduce the risk of instability of the site in the medium to long term. As a general rule,
                              hydromulch will only be accepted as a “patch” fix and should comprise no more than
                              20% of the exposed site area due to the high risk of failure. Due to the requirement to
                              progressively stabilise exposed areas, it is not envisioned that this will present any
                              difficulties for an appropriately managed and compliant site.
                      Road Reserve Permit
               9.     This development permit provides the applicant with written authority to undertake the
                      prescribed works. Any additional activities that are undertaken inside Council’s road reserve
                      for the purpose of acting on this development permit may require a Road Reserve Permit.
                      These additional activities may include, but are not limited to, hoarding, pedestrian
                      diversions, laneway closures, etc. To apply for a Road Reserve Permit, or for more
                      information, Contact Council’s Road Reserve Officer at [email protected] Act 2014 – Fire Ant Control
               10.    Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
                      individuals and businesses are responsible for ensuring that they follow the movement
                      controls for specific organic materials to help prevent the spread of fire ants within South
                      East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
                      ant biosecurity zone may need a biosecurity instrument permit. More information is available
                      on https://www.fireants.org.au/treat/business-andindustry/movement-controls
               8.     PROPERTY NOTES

               Not applicable.
               9.     VARIATION APPROVAL DETAILS

               Not applicable.
               10.    FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required                 Subject of the required Development Permit

                Development Permit for 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.




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               13.    OTHER DETAILS

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




               Yours faithfully,




               Felix Gough
               Development Engineer



               Enc:   Appeal Rights
                      Approved Plans/Documents




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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.




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