Referral Agency Response - Planning RAP21 0019 · RAP21/0019

Officer: 	Maxwell Potter
Direct Telephone: 	53296245
Our Reference:	RAP21/0019
Your Reference:	210522
7 September 2021
K Kobbe & Ms M Visco
C/- Adams & Sparkes Town Planning
PO Box 1000
BUDDINA  QLD  4575

[email protected]
Dear Sir/Madam,
Referral Agency Response
Planning Act 2016
I refer to your application and advise that Council, as a concurrence agency for the application, completed its assessment of the application on 3 September 2021. You are advised that Council requires conditions to be attached to any development approval. The conditions are listed below.
application details
Application No:	RAP21/0019
Street address:	22 Wyona Dr Noosa Heads Qld 4567
Real property description:	Lot 194 RP 94023
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
type of development
The applicant seeks the following type of referral agency response:
Concurrence Agency Response for Dwelling House
concurrence agency conditions
PLANNING
When Conditions must be Complied With
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
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.	Plan/Document Name	Date
3/34	Site Plan Proposed, prepared Retisma (As annotated by Council)	23/07/2021
4/34	Floor Plan – sub, prepared by Retisma	23/07/2021
5/34	Floor Plan – Ground, prepared by Retisma	23/07/2021
16/34	Elevations 1 + 2, prepared by Retisma	23/07/21
17/34	Elevations 3 +4 , prepared by Retisma	23/07/21
18/34	Section 01, prepared by Retisma	23/07/21
19/34	Section 02, prepared by Retisma	23/07/21
20/34	Section 03, prepared by Retisma	23/07/21
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with, by 1 September 2025, unless an application to extend the currency period is approved by Council.
Built form
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Sunset Clause for Referral Agency Response
This Concurrence Agency response is no longer valid if the use has not commenced within 4 years of the date of this notice, unless otherwise extended in writing by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 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.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
Screening vegetation must be established along the northern boundary, adjacent to the deck and 3 metres each side of the deck. The screening vegetation must grow to a height of at least 3 metres.
The landscaping must be maintained in optimal condition for the life of the development.
The screening vegetation must be Acacia flavescens, or other suitable trees species as listed in Planning Scheme Policy 2 Landscaping Table SC6.3.4.1 Costal Beachfront Area Species
(https://noo-prod-icon.saas.t1cloud.com/Pages/Plan/Book.aspx?exhibit=Current&hid=9191) and
be a minimum pot size of 45L;
established at 1.5m centres;
planted into soils suitable for promoting plant growth;
selected for retaining lower foliage; and
ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled.
As annotated on the approved plans, the northern most tree within Council’s road reserve must be retained.
1 MS tree species, as listed in Planning Scheme Policy 2 Landscaping Table SC6.3.4.1 Coastal Beachfornt Area Species,
(https://noo-prod-icon.saas.t1cloud.com/Pages/Plan/Book.aspx?exhibit=Current&hid=9191)
must be planted in the road reserve;
be a minimum pot size of 45L;
established at 1.5m centres;
planted into soils suitable for promoting plant growth;
selected for retaining lower foliage; and
ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled.
ENGINEERING
Site Access and Driveways
A sealed access driveway must be provided from Wyona Drive to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover generally in accordance with Council’s Standard Drawings RS-049 and RS-050 together with associated addendum
the extent of earthworks in the road reserve kept to a minimum
a longitudinal section extending from the centreline of the road formation in Wyona Drive to the garage floor level. The section must also include any buried services in the road reserve
grades and transitions that demonstrate that a B99 vehicle (as described in AS/NZS2890.1:2004) will not scrap or bottom out on the driveway or the road formation when entering and exiting the site
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site or discharged to a lawful point of discharge.
If being disposed of on-site it must not cause scour or damage to the subject site or any adjoining property.
If being discharged from the site it must be discharged in to the kerb and channel in Wyona Drive without the use of mechanical pumping equipment.
Earthworks and Retaining Walls
All earthworks must be supervised by a Registered Professional Engineer of Queensland (RPEQ)
All earthworks and associated retaining structures/batters, both above and below ground level and both temporary and permanent, must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Earthworks carried out on site must not affect the structural integrity of any of the adjoining lands and/or structures and/or buildings and/or vegetation on the adjoining lands.
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.
Damage to Services and Assets
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
reasons for inclusion of conditions
The proposal is subject to specific built form parameters outlined in The Noosa Plan.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the referral agency conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (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 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
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:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
Infrastructure Charges
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.
Building and Construction Industry (Portable Long Service Leave) Levy
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.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority
rEPRESENTATIONS ABOUT REFERRAL AGENCY RESPONSE
The applicant may make representations to Council about this referral agency response at any time before the application is decided pursuant to section 30 of the Development Assessment Rules.

Yours faithfully,

Maxwell Potter
Assistant Development Planner

Enc:	Approved Plans/Documents

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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