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AS PUBLISHED Negotiated Report (Representations made) MCU23 0094 · MCU23/0094

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               REQUEST FOR NEGOTIATED DECISION REPORT
               Author                  Development Planner, Georgina Schramm
                                       Development Assessment



                    APPLICATION DETAILS

                    Application No.                   MCU23/0094, OPW23/0113, RAL23/0014

                    Development Approval              Material Change of Use - Multiple dwelling

                    Applicant                         Capital Prudential

                    Representations Received On       30 January 2024

                    Number of Submissions for         Nil
                    Original Application


                    PROPERTY DETAILS

                    Property Address                  79 – 83 Eumundi Noosa Road & 26 Headland Drive
                                                      Noosaville

                    RP Description                    Lots 75-77 RP 71151 & Lot 3 SP 208257

                    Land Area                         6,318.09m²

                    Existing Use of Land              1x Dwelling house per lot and associated outbuildings


                    STATUTORY DETAILS

                    SEQRP Designation                 Urban Footprint

                    Zone                              Low Density Residential

                    Precinct                          Not Applicable

                    Local Plan Area                   Noosaville Local Plan

                    Assessment Type                   Representations made to original approval



               1.      BACKGROUND
               Council issued the following type of approval on 8 January 2024:
                     A. Development Permit for Material Change of Use - Multiple dwelling (38 units - 36 small
                        dwellings, 2 dwellings greater than 100m2);
                     B. Development Permit for Reconfiguring a Lot – Subdivision by Community Title (4 lots into
                        38 lots); Development Permit for Operational Works (in part) – Roadwork, Vegetation
                        Clearing & Earthworks; and

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                    C. Preliminary Approval for Landscaping, Drainage, Stormwater.
               The applicant suspended the appeal period and made representations on 30 January 2024 to the
               development approval conditions. The representations are detailed below but primarily relate to:
                    • Relocation of the communal recreational areas
                    • Development’s plot ratio
                    • Required footpath width
                    • Stormwater detail
                    • Landscaping
               2.     ASSESSMENT
               An assessment in relation to each of the submitted representations is provided below:
                                       DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE
               Condition 3 of Development Permit for Material Change of Use
                      Approved Plans
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table/s 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 Building Works*

                         Plan No.              Rev.   Plan/Document Name                        Date

                         WD0.05                R      Site Plan prepared       by   Blackwood 5.12.2023
                                                      Architecture & Design
                                                      (Annotated by Council)

                         WD0.06                R      Site Plan – Ground Level prepared by 5.12.2023
                                                      Blackwood Architecture & Design
                                                      (Annotated by Council)

                         WD0.07                P      Site Plan – Upper Level prepared by 5.12.2023
                                                      Blackwood Architecture & Design

                         WD0.08                O      Site Plan – Roof prepared by Blackwood 5.12.2023
                                                      Architecture & Design

                         WD.0.10               O      Site – Internal Elevations / Sections 5.12.2023
                                                      prepared by Blackwood Architecture &
                                                      Design

                         WD.1.03               O      B1 Roof Plan prepared by Blackwood 5.12.2023
                                                      Architecture & Design

                         WD.1.07               O      B1 Sections prepared     by   Blackwood 5.12.2023
                                                      Architecture & Design

                         WD.2.03               O      B2 Roof Plan prepared by Blackwood 5.12.2023
                                                      Architecture & Design

                         WD.3.01               P      B3 – General Arrangement Plans prepared 5.12.2023
                                                      by Blackwood Architecture & Design




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                         WD.3.03           O      B3 – Roof Plan prepared by Blackwood 5.12.2023
                                                  Architecture & Design
                                                  (Annotated by Council)

                         WD.3.06           O      B3 – Elevations prepared by Blackwood 5.12.2023
                                                  Architecture & Design

                         WD.3.07           O      B3 – Sections prepared by Blackwood 5.12.2023
                                                  Architecture & Design

                         WD.4.01           P      B4 – General Arrangement Plans prepared 5.12.2023
                                                  by Blackwood Architecture & Design

                         WD.4.03           O      B4 – Roof Plan prepared by Blackwood 5.12.2023
                                                  Architecture & Design

                         WD.4.06           O      B4 – Elevations prepared by Blackwood 5.12.2023
                                                  Architecture & Design

                         WD.4.07           O      B4 – Sections prepared by Blackwood 5.12.2023
                                                  Architecture & Design

                         WD.5.01           P      B5 – General Arrangement Plans prepared 5.12.2023
                                                  by Blackwood Architecture & Design

                         WD.5.03           O      B5 – Roof Plan prepared by Blackwood 5.12.2023
                                                  Architecture & Design

                         WD.5.06           O      B5 – Elevations prepared by Blackwood 5.12.2023
                                                  Architecture & Design

                         WD.5.07           O      B5 – Sections prepared by Blackwood 5.12.2023
                                                  Architecture & Design

                         WD.6.03           O      B6 – Roof Plan prepared by Blackwood 5.12.2023
                                                  Architecture & Design

                         WD.7.03           O      B7 – Roof Plan prepared by Blackwood 5.12.2023
                                                  Architecture & Design

                      The following plans require amendment.

                          Plan No.         Rev.   Plan/Document Name                           Date

                          WD0.09           O      Site – Elevations prepared by Blackwood 5.12.2023
                                                  Architecture & Design

                          WD.1.19          K      Landscape prepared         by   Blackwood 5.12.2023
                                                  Architecture & Design

                          Amendments       Remove the communal recreation area facilities in its entirety,
                                           including the swimming pool, BBQ facilities and bathroom. Provide a
                                           revised landscaping plan that details this area densely planted with
                                           screening vegetation.



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                                       A 5 metre wide buffer densely planted with trees and shrubs
                                       including species from 1 metre to 8 metres in height is to be detailed.

                          Plan No.     Rev.   Plan/Document Name                              Date

                          WD.1.01      P      B1 General Arrangement Plans prepared 5.12.2023
                                              by Blackwood Architecture & Design

                          WD.1.06      O      B1 Elevations prepared by Blackwood 5.12.2023
                                              Architecture & Design

                          WD.2.01      P      B2 General Arrangement Plans prepared 5.12.2023
                                              by Blackwood Architecture & Design

                          WD.2.06      O      B2 Elevations prepared by Blackwood 5.12.2023
                                              Architecture & Design

                          WD.2.07      O      B2 Sections prepared         by   Blackwood 5.12.2023
                                              Architecture & Design

                          WD.6.01      P      B6 – General Arrangement Plans prepared 5.12.2023
                                              by Blackwood Architecture & Design

                          WD.6.06      O      B6 – Elevations prepared by Blackwood 5.12.2023
                                              Architecture & Design

                          WD.6.07      N      B6 – Sections prepared by Blackwood 1.12.2023
                                              Architecture & Design

                          WD.7.01      P      B7 – General Arrangement Plan prepared 5.12.2023
                                              by Blackwood Architecture & Design

                          WD.7.06      O      B7 – Elevations prepared by Blackwood 5.12.2023
                                              Architecture & Design

                          WD.7.07      O      B7 – Sections prepared by Blackwood 5.12.2023
                                              Architecture & Design

                          WD.1.21      K      Materials and 3D Visualisation prepared by 5.12.2023
                                              Blackwood Architecture & Design

                          WD.1.24      H      3D Visualisation prepared by Blackwood 5.12.2023
                                              Architecture & Design

                          Amendments   The Ground Level “drying court” (as detailed on the ground level of
                                       Units 101, 102, 105 & 701-704) are not to be an enclosed area, the
                                       door is to be removed. Remove external walls/screens of each
                                       “drying court” and replace with a free-standing screen with a
                                       minimum of 50% transparency, and minimum of 300mm gap from
                                       the top and bottom of the screen. The fixed screen is not to exceed
                                       a height of 1.8 metres, 2.1 metres from finished ground level.
                                       The screen can be extended in front of the entryway if desired for
                                       additional privacy.
                                       The Upper Level “drying court” (as detailed on the upper level of
                                       Units 205-208, 603, 604 & 706-708) are to have an appearance of
                                       an upper level terrace, with the clothesline screened from the

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                                             streetscape. In this regard, the clothesline is to be relocated to the
                                             northern wall of the terrace with the clothesline screened to 1 metre,
                                             with the remaining portion (~2 metres) of the area an open terrace.
                                             These areas are to be redesigned to not contribute to gross floor area
                                             as per the administrative term of the Noosa Plan 2020.

                          Plan No.           Rev.   Plan/Document Name                             Date

                          WD.10.03           G      Fencing Plan prepared by Blackwood 5.12.2023
                                                    Architecture & Design

                          Amendments         Front fences or walls along Eumundi Noosa Road frontage are set
                                             back an average of 1 metre and are articulated to provide visual
                                             interest by stepping the design at a maximum of 5 metre intervals.

                          Plan No.           Rev.   Plan/Document Name                             Date

                          WD.1.23            I      3D Visualisation prepared by Blackwood 5.12.2023
                                                    Architecture & Design

                          WD.1.25            H      3D Visualisation prepared by Blackwood 5.12.2023
                                                    Architecture & Design

                          Amendments         Introduce an additional colour to the external building façade with a
                                             deep, stronger colour tone to highlight individual dwellings and
                                             adding visual interest to the street and surrounds.

                      *(Refer to Advisory Note)
               Applicant’s Representation
               The applicant seeks to amend condition 3 and delete the requirements for plan amendments.
               The revised designs include the following changes to the plans to address the ‘Plans Requiring
               Amendment’. The following comments address each of the plan amendment requirements.
               3. Development authorised by this approval must be undertaken generally in accordance with the
               Approved Plans listed in the table/s 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 Building Works*
                      -    Remove the communal recreation area facilities in its entirety, including the swimming
                           pool, BBQ facilities and bathroom. Provide a revised landscaping plan that details this
                           area densely planted with screening vegetation.
                      -    A 5-metre-wide buffer densely planted with trees and shrubs including species from 1
                           metre to 8 metres in height is to be detailed.
               Amended plans are included removing the pool and all associated facilities. The area is now 100m2
               grassed area including a 3.5m dense landscape buffer to the adjoining dwelling house to the south,
               with a 2m high fence along the boundary. The relevant Performance Outcome of the Medium
               Density Residential Zone Code seeks for an appropriate setback to common recreational areas to
               ensure the amenity of neighbours in respect of noise, light and odour is maintained. The removal
               of the pool results in less people likely to use this area as a common recreational area.
                      -    The Ground Level “drying court” (as detailed on the ground level of Units 101, 102, 105
                           & 701-704) are not to be an enclosed area, the door is to be removed. Remove external
                           walls/screens of each “drying court” and replace with a free-standing screen with a
                           minimum of 50% transparency, and minimum of 300mm gap from the top and bottom of
                           the screen. The fixed screen is not to exceed a height of 1.8 metres, 2.1 metres from

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                           finished ground level. The screen can be extended in front of the entryway if desired for
                           additional privacy.
               Amended plans are provided with a free-standing screen with a 50% transparency. Further detail
               is provided below which includes a gate for storage and general security for bikes/surfboards and
               the like with a 100mm gap at the bottom. This detail complies with Council’s requirement for the
               area to not be enclosed, however provides for safe external storage and use.
               The design provides for a soft colour palette that complements the Noosaville locality, adjoining
               developments, mix of materials and the strong landscaping palette to Eumundi Noosa Rd. The
               colours are understated in accordance with AO7.5 and blend in with the surrounding natural
               environment PO22 of the Noosaville Locality Plan Code. This requirement is requested to be
               removed from the plans requiring amendment.
               Assessment of Representation
               Condition 3 of the Material Change of Use requires 4 key plan amendments, removal of the
               communal recreation area, reduction to the development’s plot ratio, greater articulation to the
               development’s front fence and further colour variation to the building’s front façade, and as detailed
               below.
               1.     Remove the communal recreation area facilities in its entirety, including the swimming pool,
                      BBQ facilities and bathroom. Provide a revised landscaping plan that details this area
                      densely planted with screening vegetation.
                      A 5 metre wide buffer densely planted with trees and shrubs including species from 1 metre
                      to 8 metres in height is to be detailed.
               2.     The Ground Level “drying court” (as detailed on the ground level of Units 101, 102, 105 &
                      701-704) are not to be an enclosed area, the door is to be removed. Remove external
                      walls/screens of each “drying court” and replace with a free-standing screen with a minimum
                      of 50% transparency, and minimum of 300mm gap from the top and bottom of the screen.
                      The fixed screen is not to exceed a height of 1.8 metres, 2.1 metres from finished ground
                      level.
                      The screen can be extended in front of the entryway if desired for additional privacy.
                      The Upper Level “drying court” (as detailed on the upper level of Units 205-208, 603, 604 &
                      706-708) are to have an appearance of an upper level terrace, with the clothesline screened
                      from the streetscape. In this regard, the clothesline is to be relocated to the northern wall of
                      the terrace with the clothesline screened to 1 metre, with the remaining portion (~2 metres)
                      of the area an open terrace.
                      These areas are to be redesigned to not contribute to gross floor area as per the
                      administrative term of the Noosa Plan 2020.
               3.     Front fences or walls along Eumundi Noosa Road frontage are set back an average of 1
                      metre and are articulated to provide visual interest by stepping the design at a maximum of 5
                      metre intervals.
               4.     Introduce an additional colour to the external building façade with a deep, stronger colour
                      tone to highlight individual dwellings and adding visual interest to the street and surrounds.
               The applicant has relocated the swimming pool and recreation areas central to the site which
               results in the recreational area now achieving compliance with Acceptable outcome AO21.1 of the
               Medium Density Residential Zone Code. Amendment 1 has been addressed and is therefore able
               to be deleted.
               The applicant has removed all screening to the storage areas on the ground level, and the upper
               level unit’s screening has been altered to only screen the clothes line. These spaces no longer
               contribute to the development plot ratio. Amendment 2 has been fulfilled and is able to deleted.
               Amendment 3 relates to fencing and the applicant has submitted a comparative diagram of
               development within proximity to the site as illustrated in Figure 1. Council generally agrees with


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               the variation of materials to the frontage. The tabled amendment will be removed from Condition
               3.




                                                    Figure 1 – Variation to front façade

               Amendment 4 requires the introduction of an additional deeper colour to the external building
               façade to increase variation and visual interest to the street. The proposal did not comply with
               Acceptable Outcomes AO14.1 and 14.3 of the Medium Density Residential Zone Code which
               relate to asymmetrical designs, varied roof forms and attached units in one plane and was
               accepted on the basis of the range of materials and introduction of an additional colour. The
               condition is considered appropriate to increase variation between the units and the applicants
               submission is not supported. Condition 9 has been amended to include the requirement for a
               revised colour pallet to be provided prior to issue of building approval.




               Condition 3 of the Material Change of Use will be amended accordingly.


               Protection of Privacy
               Condition 15 of the Material Change of Use Development Permit
               15.    To ensure privacy is protected between adjoining properties to the north, east and south,
                      105, 209, 304, 705-706, 501, 603 must:
                      a.      provide screening devices to upper level balconies; and/or
                      b.      have a minimum window sill height or 1.7 metres above floor level; and/or
                      c.      be fitted with translucent glazing; and/or
                      d.      be fitted with fixed external screens.


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               Applicant’s Representation
               The applicant seeks amendment of the condition to remove reference to units 501 and 603 as
               detailed below:
               The previous RFI requested screening to units 209, 705 & 706 which has been provided. Units 105
               & 304 also include screening along their boundaries.
               Unit 501 does not overlooks dense landscaping towards Headland Dr and does not face active
               open space areas. The unit is setback so as not to be able to look over the adjoining neighbour
               and it is considered this requirement be removed for this unit.
               Unit 603 adjoins the currently vacant lot to the north. The unit has been designed with balconies
               orientated to the north and east, with screens in front of the bedroom and the majority of the living
               room balcony, as well as translucent balustrading. Although not covering the entire of the balcony
               – the opening is designed to capture the eastern aspect, while allowing for breezes and privacy
               between residential users. As a result, it is requested the unit be removed from this requirement
               and approved in accordance with the amended plans.
               Assessment of Representation
               Council has imposed this standard condition in accordance with the Acceptable outcomes of the
               Medium Density Residential Zone Code to minimise the potential for overlooking. The applicant
               has not fully demonstrated that the units will not overlook the adjoining premises and the condition
               is considered relevant to ensure that this matter is appropriately addressed and while screening is
               shown on the architectural plans for units 101, 102, 105 & 701-704, the inclusion of this condition
               will ensure overlooking is able to be appropriately reviewed during and after construction.
               Given the grade differences between the two units and the adjoining residences, the units have
               been referenced in Condition 15, to ensure the level of amenity between the premises is not unduly
               impacted.
               The applicants submission is not supported and the condition is to remain unchanged.


               Fencing and Walls
               Condition 20 of the Material Change of Use Development Permit
               20.    There are to be no private footpath connections within Council’s road reserve to Units 101,
                      102, 105 & 701-704, this area is to be returned to grass.
               Applicant’s Representation
               The applicant seeks deletion of the condition for the following reasons:
               Malolo allows for streetscape pathway connections and there are no specific outcomes in the
               planning scheme restricting this arrangement. Please delete this condition in accordance with the
               information request response and good planning practice for connecting people to active
               streetscapes.
               Assessment of Representation
               Revised plans provided on 12 April 2024 have removed the connection points from the road
               reserve.
               The applicants submission is supported and the condition recommended to be deleted.


               Condition 25 of the Material Change of Use Development Permit
               25.    The notated “drying court” as shown on the Upper Level Plans of Units 205-208, 603, 604 &
                      706-708 are not to be enclosed, with the area to present as an upper level terrace. The
                      screening element of the “drying court” is to achieve a minimum of 50% transparency, with
                      the remaining terrace being open with a balustrade.


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               Applicant’s Representation
               The applicant requests deletion of the condition as revised plans are provided with appropriate
               screening device detailed.
               Assessment of Representation
               Revised plans provided on 12 April 2024 have appropriately addressed the above condition.
               However the condition is recommended to be retained as it will ensure that overlooking is able to
               be appropriately reviewed during and after construction.
               Deletion of the condition is not supported


               Fauna Management
               Condition 30 of the Material Change of Use Development Permit
               30.    Vegetation must only be removed or disturbed in accordance with a Fauna Management
                      Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational
                      Works approval. *(Refer to Advisory Note)
               Applicant’s Representation
               The applicant requests deletion of the condition for the following reason:
               The vegetation surrounding the house has been removed as part of the demolition approvals. The
               site is not covered by a Biodiversity overlay and is in the middle of the built environment – with the
               risk to fauna therefore minimal and is an unreasonable imposition on the development.
               Assessment of Representation
               Clearing has been undertaken in association with the demolition and removal of the housing on
               the site. While the Demolition Permit did not authorise vegetation clearing, the clearing undertaken
               achieves compliance with exempted clearing provisions of the Noosa Plan 2020. While clearing
               has been undertaken separate to the subject development permits, this does not negate the need
               for a Fauna Management Plan to be provided. Council’s Senior Environmental Officer submits:
               Works along the eastern boundary (sewer, stormwater, and retaining) have the potential to impact
               on trees within the neighbouring properties. The arborist has been conditioned to undertake a risk
               assessment of these trees and carry out hazard pruning or removal where required.
               Removal of the fauna management condition is not supported due to vegetation removal still
               required along the eastern boundary and within the neighbouring properties.
               A fauna management plan is required to be submitted prior to the pre-start that addresses fauna
               management during the clearing works.
               The applicant’s representation is not supported. The condition is to be retained.


               Pedestrian and Bicycle Facilities
               Condition 41 of the Material Change of Use Development Permit
               41.    Pedestrian and bicycle facilities 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 3 metre wide footpath within the road verge for the entire length of the site’s frontage to
                      Eumundi Noosa Road; b. the resealing of the existing asphalt path fronting the development.
                      Condition 41 is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk
                      infrastructure identified by Council’s LGIP to service the development.
               Applicant’s Representation
               The applicant requests deletion of the condition as detailed below:



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               The condition for Malolo (MCU21/0156) required the construction of a 2.0m footpath to match the
               balance of the site frontage. The landscaping approval and information requests sought for dense
               landscaping between the footpath and the fence line (also setback from the boundary).
               Eumundi Noosa Rd is classified as a ‘2 lane Distributor’ (minor - 5k to 15k VPD). The requirement
               seeks for a 2m desirable pathway width and for major distributor roads to have a 3m pathway. This
               part of Eumundi Noosa Rd has a 3m pathway on the western side of the road and this side of the
               road should have the extra landscaping and vegetation in accordance with other recent approvals
               along the street.
               Assessment of Representation
               The section of Eumundi Noosa Road that runs along the primary frontage of the subject site is a
               major distributor road, not a minor distributor. The Planning Scheme Policy seeks a 3 metre wide
               footpath, 2 metre minimum.
               Noosa’s Walking and Cycling Strategy identify this site as requiring a 3 metre wide footpath, this
               is further aligned with Council’s Transport Strategy, aimed at creating a mode shift and reducing
               private vehicle dependency through the provision of active transport infrastructure such as
               pathways that can safely facilitate walking/cycling and the needs of the aging population.
               The representation is not supported and the condition will remain.


                              DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (RAL23/0014)
               Condition 3 of the Development Permit for Reconfiguring a Lot
               Applicant’s Representation
               The applicant requests amendment to the condition to reflect the amended plans:
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table/s 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 Building Works*
               The plans have been amended removing the pool from this area and an approval. Please amend
               the condition to reflect the changes.
               Assessment of Representation
               The plans have been updated and Condition 3 will be amended accordingly.



                              DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (OPW23/0113)
                                   (Road work, Earthworks, Signage, Vegetation Clearing)

               Condition 3 of the Development Permit for Operational Works
               ENGINEERING
               Condition 3




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               3.     Prior to commencement of works within the development site, maintenance and rectification
                      of the underground stormwater drainage network downstream of the site is to be completed
                      and is to ensure that the capacity of the network is consistent with the capacity assumed in
                      the Stormwater Management Plan Rev C (prepared by SCG Consulting Engineers, dated
                      5.12.2023). SCG consulting engineers have reviewed the condition and seeks further
                      clarification regarding the wording. Council should not be able to condition the developer for
                      the maintenance & rectification of Council’s existing stormwater network prior to
                      commencement of works. If the existing network has been damaged it is prudent to advise
                      Council of the problem, however it is not the responsibility of the developer to rectify works
                      that could be hundreds of metres away from their site that they have not caused damage to.
                      Please review the wording of the condition.
               Applicants Representation
               SCG consulting engineers have reviewed the condition and seeks further clarification regarding
               the wording. Council should not be able to condition the developer for the maintenance &
               rectification of Council’s existing stormwater network prior to commencement of works. If the
               existing network has been damaged it is prudent to advise Council of the problem, however it is
               not the responsibility of the developer to rectify works that could be hundreds of metres away from
               their site that they have not caused damage to. Please review the wording of the condition.

               Assessment of Representation
               Council’s Senior Development Engineer responds:
               As no downstream capacity investigation had been undertaken as part of the Developer’s
               stormwater design, the intent of the condition is to require confirmation that the capacity is
               consistent with the SMP assumptions.
               Council’s Development Engineer agrees with the deletion of Condition 3, and recommend that
               Condition 8 be amended as follows:
               8. A condition report of the drainage system must be completed for agreement at the prestart
               meeting. The report is to confirm that the capacity of the network is consistent with the capacity
               assumed in the Stormwater Management Plan Rev D (prepared by SCG Consulting Engineers,
               dated 12/3/24). The report is to include a CCTV inspection of the existing pipe and must include at
               least 50m upstream and downstream of all works.


                              PRELIMINARY APPROVAL FOR OPERATIONAL WORKS (OPW23/0113)
                                          (Landscaping, Drainage Work, Stormwater)
               Condition 1 of the Preliminary Approval for Operational Works
               APPROVED PLANS
               Condition 1
               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.

                        Plan No.             Rev.    Plan/Document Name                            Date

                        NIL                  -       -                                             -

                      The following plans require amendment.

                        Plan No.             Rev.    Plan/Document Name                           Date

                        33132-SW1.2          C       Stormwater Details                           5.12.2023


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                        33132-SW1.5         -       Bio Retention Layout Plan                   N/A
                                            Show the subsoil drainage layout in plan view, clarify whether the
                        Amendments
                                            150dia and 225dia collection pipes are slotted, and adjust the
                                            drainage and transition layers as necessary to ensure that the
                                            drainage layer achieves at least 50mm of cover over the largest
                                            slotted pipe

                        Plan No.            Rev.    Plan/Document Name                          Date

                        33132-SW1.2         C       Stormwater Details                          5.12.2023

                        33132-SW1.5         -       Bio Retention Layout Plan                   N/A
                                            Update the underground detention tanks to comply with
                        Amendments
                                            AS3500.3:2021 Section 7.10.2 and include minimum slope on base,
                                            sump and access ladder, screen over orifice to prevent blockage.
                                            Amend the storage volumes to match those stated on drawing
                                            33132-SW1.1C

               Applicant’s Representation
               The applicant requests that the preliminary approved be converted to a Development Permit
               following the submission of amended plans as detailed below:

               Please find attached the updated landscaping and engineering drawings addressing Council’s plan
               requiring amendments including:
               -     Bioretention layout plan updated - Detention tank details - Landscaping adjacent to Lot 2
                     includes syzigium and callistemon
               -     Headland Dr landscaping basin landscaping extended into road reserve
               -     Landscaping species updated A full Development Permit should be issued, and standard
                     conditions included.

               Assessment of Representation
               Council’s Senior Development Engineer and External Consultant confirm that the amended
               documentation addresses the conditions and notes:

                      Plan SW1.5 has been amended. Underdrains joining into the collector pipe amended to show
                      45-degree joins.
                      An updated plan has been provided. The total volumes on drawing SW1.3 now match those
                      on SW1.1. Screens are shown over orifices. Access openings shown in the plans and fall is
                      shown on the base of the tanks.
                      A note has also been added to the drawings stating that the tank design is concept only.
                      A total storage volume of 32kL is shown over 3 tanks, which matches the volumes in the
                      SCG SWMP dated 12/03/2024.
                      A condition should be applied requiring the final tank supplier/manufacturer to certify
                      compliance with AS3500.3:2021 Section 7.10.2.
                      It is recommended that a Development Permit for Operational Works – Drainage Work,
                      Stormwater now be included.
               Council’s Senior Environmental Officer has also reviewed the revised landscaping plans provided
               and agrees with the changes and recommends that a Development Permit for Operational Works
               – Landscaping is to be issued.




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               The Preliminary Approval will be replaced with a full Development Permit for Operational Works
               with the approved plans was absorbed into the Operational Works Development Permit Condition
               1.


               3.     CONCLUSION & REASONS FOR DECISION
               The applicants representations have been reviewed and where appropriate conditions have been
               amended, modified, retained or deleted.
               RECOMMENDATION
               With regard to Application No. MCU23/0094, OPW23/0113, RAL23/0014, and the representations
               made, Council on 3 May 2024 decided to:
               A.     Agree to amend condition 3 and 9 of the Material Change of Use to read as follows:
               Approved Plans
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table/s below.
                        Plan No.          Rev.   Plan/Document Name                           Date

                        WD0.05            R      Site Plan prepared         by   Blackwood 5.12.2023
                                                 Architecture & Design
                                                 (Annotated by Council)

                        WD0.06            R      Site Plan – Ground Level prepared by 5.12.2023
                                                 Blackwood Architecture & Design
                                                 (Annotated by Council)

                        WD0.07            P      Site Plan – Upper Level prepared by 5.12.2023
                                                 Blackwood Architecture & Design

                        WD0.08            O      Site Plan – Roof prepared by Blackwood 5.12.2023
                                                 Architecture & Design

                        WD.0.10           O      Site – Internal Elevations / Sections 5.12.2023
                                                 prepared by Blackwood Architecture &
                                                 Design

                        WD.1.03           O      B1 Roof Plan prepared by Blackwood 5.12.2023
                                                 Architecture & Design

                        WD.1.07           O      B1 Sections prepared       by   Blackwood 5.12.2023
                                                 Architecture & Design

                        WD.2.03           O      B2 Roof Plan prepared by Blackwood 5.12.2023
                                                 Architecture & Design

                        WD.3.01           P      B3 – General Arrangement Plans prepared 5.12.2023
                                                 by Blackwood Architecture & Design

                        WD.3.03           O      B3 – Roof Plan prepared by Blackwood 5.12.2023
                                                 Architecture & Design
                                                 (Annotated by Council)




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                        WD.3.06        O   B3 – Elevations prepared by Blackwood 5.12.2023
                                           Architecture & Design

                        WD.3.07        O   B3 – Sections prepared by Blackwood 5.12.2023
                                           Architecture & Design

                        WD.4.01        P   B4 – General Arrangement Plans prepared 5.12.2023
                                           by Blackwood Architecture & Design

                        WD.4.03        O   B4 – Roof Plan prepared by Blackwood 5.12.2023
                                           Architecture & Design

                        WD.4.06        O   B4 – Elevations prepared by Blackwood 5.12.2023
                                           Architecture & Design

                        WD.4.07        O   B4 – Sections prepared by Blackwood 5.12.2023
                                           Architecture & Design

                        WD.5.01        P   B5 – General Arrangement Plans prepared 5.12.2023
                                           by Blackwood Architecture & Design

                        WD.5.03        O   B5 – Roof Plan prepared by Blackwood 5.12.2023
                                           Architecture & Design

                        WD.5.06        O   B5 – Elevations prepared by Blackwood 5.12.2023
                                           Architecture & Design

                        WD.5.07        O   B5 – Sections prepared by Blackwood 5.12.2023
                                           Architecture & Design

                        WD.6.03        O   B6 – Roof Plan prepared by Blackwood 5.12.2023
                                           Architecture & Design

                        WD.7.03        O   B7 – Roof Plan prepared by Blackwood 5.12.2023
                                           Architecture & Design

                        WD0.09         O   Site – Elevations prepared by Blackwood 5.12.2023
                                           Architecture & Design

                        WD.1.19        K   Landscape prepared      by   Blackwood 5.12.2023
                                           Architecture & Design

                        WD.1.01        P   B1 General Arrangement Plans prepared 5.12.2023
                                           by Blackwood Architecture & Design

                        WD.1.06        O   B1 Elevations prepared by Blackwood 5.12.2023
                                           Architecture & Design

                        WD.2.01        P   B2 General Arrangement Plans prepared 5.12.2023
                                           by Blackwood Architecture & Design

                        WD.2.06        O   B2 Elevations prepared by Blackwood 5.12.2023
                                           Architecture & Design

                        WD.2.07        O   B2 Sections prepared    by   Blackwood 5.12.2023
                                           Architecture & Design

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                        WD.6.01            P      B6 – General Arrangement Plans prepared 5.12.2023
                                                  by Blackwood Architecture & Design

                        WD.6.06            O      B6 – Elevations prepared by Blackwood 5.12.2023
                                                  Architecture & Design

                        WD.6.07            N      B6 – Sections prepared by Blackwood 1.12.2023
                                                  Architecture & Design

                        WD.7.01            P      B7 – General Arrangement Plan prepared 5.12.2023
                                                  by Blackwood Architecture & Design

                        WD.7.06            O      B7 – Elevations prepared by Blackwood 5.12.2023
                                                  Architecture & Design

                        WD.7.07            O      B7 – Sections prepared by Blackwood 5.12.2023
                                                  Architecture & Design

                        WD.1.21            K      Materials and 3D Visualisation prepared by 5.12.2023
                                                  Blackwood Architecture & Design

                        WD.1.24            H      3D Visualisation prepared by Blackwood 5.12.2023
                                                  Architecture & Design

                        WD.10.03           G      Fencing Plan prepared by Blackwood 5.12.2023
                                                  Architecture & Design

                        WD.1.23            I      3D Visualisation prepared by Blackwood 5.12.2023
                                                  Architecture & Design

                        WD.1.25            H      3D Visualisation prepared by Blackwood 5.12.2023
                                                  Architecture & Design


                      9. The approved colour palette of the development is to include an additional deep, stronger
                      colour tone to highlight individual dwellings and add visual interest to the street and
                      surrounds. A revised colour scheme is to be submitted and approved by Council prior to
                      issue of the building approval.
               B.     Refuse to delete Conditions 15, 25, 30 & 41 of the Material Change of Use Development
                      Permit
               1.     Condition 15 is refused to be deleted, as the condition is to ensure that the units do not
                      overlook adjoining premises.
               2.     Condition 25 is refused to be deleted, as the condition is to remain to ensure these areas
                      remain open.

               3.     Condition 30 is refused to be deleted, as the remaining vegetation on site must be cleared
                      in accordance with the referenced Arborist Report and a Fauna Management Plan is to still
                      to be provided.

               4.     Condition 41 is refused to be amended, as the nominated footpath width of 3 metres is
                      consistent with the Planning Scheme Policy and Noosa’s Walking and Cycling Strategy
                      which both seek a 3 metre wide footpath, given the development’s proximity to the schools.
               C.     Delete condition 25 of the Material Change of Use Development Permit.


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               D.     Agree to amend Condition 3 of Reconfiguring a Lot Development Permit, to read as
                      follows:
                      Approved Plans
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table/s below.

                        Plan No.          Rev.    Plan/Document Name                          Date

                        DA.8.09           A       Ground    Level   Reconfiguration    Plan 20.07.2023
                                                  prepared by Blackwood Architects & Design

                        DA.8.10           A       Upper Level Reconfiguration Plan prepared 20.07.2023
                                                  by Blackwood Architects & Design

               E.     Agree to replace the Preliminary Approval for Operational Works with a Full
                      Development Permit.
               F.     Agree to amend conditions 3, 8 of the Operational Works Development Permit to read
                      as follows:
               3.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are listed in the following table unless
                      otherwise amended by these conditions.

                         Plan No.          Rev.    Plan/Document Name                           Date

                         33132-OW3.1       C       Earthworks Plan prepared        by    SCG 18.03.2024
                                                   Consulting Engineers

                         33132-OW3.2       C       Earthworks Sections prepared by SCG 12.03.2024
                                                   Consulting Engineers

                         33132-OW4.1       D       Driveway & Access Plan prepared by SCG 18.03.2024
                                                   Consulting Engineers

                         33132-OW4.2       D       Driveway Levels prepared        by    SCG 18.03.2024
                                                   Consulting Engineers

                         33132-OW6.1       D       Frontage Works: Eumundi Road prepared 12.03.2024
                                                   by SCG Consulting Engineers
                                                   (Annotated by Council)

                         33132-OW6.2       A       Frontage Works: Headland Drive prepared 29.09.2023
                                                   by SCG Consulting Engineers

                         33132-SW1.1       E       Stormwater Management Plan prepared by 18.03.2024
                                                   SCG Consulting Engineers

                         33132-SW1.2       C       Stormwater Details                           5.12.2023

                         33132-SW1.3       C       Stormwater Details                           19.01.2024

                         33132-SW1.4       D       SW Pipe Long Sections prepared by SCG 18.03.2024
                                                   Consulting Engineers

                         33132-SW1.5       B       Bio Retention Layout Plan                    8.04.2024

                                                                                                 Page 16 of 25

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                           Arborist Report    -       Arborist Report, prepared by, Australian 13.09.2023
                                                      Tree     Contractors   &    Aboricultural
                                                      Consultants

                           ED 23141 OPW- G            Sheet Layout Plan prepared by Element 11.02.2024
                           01                         Design

                           ED 23141 OPW- G            Planting Plan prepared by Element Design        11.02.2024
                           02

                           ED 23141 OPW- G            Planting Plan prepared by Element Design        11.02.2024
                           03

                           ED 23141 OPW- G            Planting Plan prepared by Element Design        11.02.2024
                           04

                           ED 23141 OPW- G            Planting Plan prepared by Element Design        11.02.2024
                           05

                           ED 23141 OPW- G            Planting Plan prepared by Element Design        11.02.2024
                           06

                           ED 23141 OPW- G            Details Plan prepared by Element Design         11.02.2024
                           07

                           ED 23141 OPW- G            Plant List prepared by Element Design           11.02.2024
                           08

                           ED 23141 OPW- G            Specification prepared by Element Design        11.02.2024
                           09

               8.     A condition report of the drainage system must be completed for agreement at the prestart
                      meeting. The report is to confirm that the capacity of the network is consistent with the
                      capacity assumed in the Stormwater Management Plan Rev D (prepared by SCG Consulting
                      Engineers, dated 12/3/24). The report is to include a CCTV inspection of the existing pipe
                      and must include at least 50m upstream and downstream of all works.
               G.     Include additional conditions 42-58 to meet the requirements of a Full Development
                      Permit for Operational Works.
                      Landscaping Works
               42.    Landscape works must be supervised, undertaken and certified by qualified persons*. All
                      works must be completed in accordance with this Decision Notice. Updated landscape plans
                      must be resubmitted prior to a prestart meeting that include all changes approved as part of
                      the higher order MCU23/0094.
                      (* Refer to Advisory Note)
               43.    Where damage occurs to any Council asset as a result of the development works, it must be
                      repaired immediately where it creates a hazard that presents risk to person or property. Other
                      damage must be repaired prior to completion of works.
               44.    Landscape works must:
                      a.      Ensure amenity or sales signage and ancillary infrastructure is not installed within the
                              road reserve.
                      b.      Ensure permanent irrigation is not installed within the road reserve.



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                      c.      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.
                              *(Refer to Advisory Notes)
               45.    Public amenity trees* must:
                      a.      Meet AS 2302 – Tree Stock for landscape use.
                      b.      Be located in accordance with engineering requirements for safe vehicle and
                              pedestrian sight lines.
                      c.      Be located from services and infrastructure a minimum of:
                              i.       6m from electricity poles and pillars.
                              ii.      4m from street lighting.
                              iii.     2m from stormwater catchment pits.
                              iv.      2m from any adjoining driveway.
                              *(Refer to Advisory Note)
               46.    Turfed areas must be free of pest, diseases and weeds and level with adjoining surfaces.
               47.    Soil for landscaping must:
                      a.      Provide for healthy and sustained site specific vegetation performance.
                      b.      comply with AS 4419, Soils for landscaping and garden use.
                      On Maintenance
               48.    Maintenance periods* must be:
                      a.      12 months for Streetscape Landscape.
                      *(Refer to Advisory Note)
               49.    Prior to requesting an On Maintenance inspection, the following information package
                      (prepared by respective qualified persons* and certifying compliance with approvals) must
                      be submitted to Council:
                      a.      All required bonds.
                      b.      Landscaping certification.
                      c.      Tree certification in accordance with AS 2302 – Tree Stock for landscape use
                      d.      Arborist Report documenting and certifying the findings and outcome of the arboreal
                              risk assessment.
                      e.      Fauna Report documenting the findings and outcome of the fauna protection works
                              undertaken.
                      f.      Soil amelioration certification.
               50.    On Maintenance management includes:
                      a.      Establishing and maintaining the works in accordance with the intent and requirements
                              of all approvals.
                      b.      To aesthetically compliment the surrounding local area.
                      c.      Rectification of works failing ‘on ground’ to a solution that still meets approval intents.
                      d.      Regular mowing, weeding and fertilising of grass areas.
                      e.      Mulching, fertilising and aeration of garden areas.
                      f.      Cleaning of all external surfaces including prompt removal of graffiti.

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                      g.      Replacement of dead or poorly performing plants.
                      h.      Repair and replacements of damaged landscape infrastructure (furniture and fixtures).
                      Off Maintenance
               51.    Prior to requesting an Off Maintenance inspection the following must be provided:
                      a.      Written request of bond release.
               52.    Off Maintenance Inspection must be requested:
                      a.      By contacting Council.*
                      b.      Only after lodgement of a completed Landscape Checklist and all other required
                              certification and documentation.
                      c.      Only after all works are confirmed in good order including:
                              i.       Remulching, fertilising and aeration of garden areas.
                              ii.      Replacement of plant material.
                              iii.     Removal of plant material impeding regulation sightlines.
                      *(Refer to Advisory Note)
                      Detention Tanks
               53.    Underground detention tanks are to be provided with the detention sizes and volumes and
                      outlet configurations as shown in the concept on drawing 33132-SW1.3 Rev E by SCG
                      Consulting. Certification is to be provided by the tank manufacturer prior to installation that
                      the tanks incorporate all features required by AS3500.3:2021 Section 7.10.2.
                      Bioretention Basins – Construction
               54.    During construction and establishment of the bioretention devices, the supervising RPEQ
                      must ensure that the device was constructed in accordance with the document Construction
                      and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by
                      Design, 2009) and that the forms contained in section 3.15 including the associated
                      supporting information and data are completed. These forms and certification from the RPEQ
                      that the device has been constructed in accordance with the Construction and Establishment
                      Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009), all
                      conditions of approval, and the approved engineering drawings must be submitted to Council
                      prior to commencement of use.

               55.    A construction hold point with a council delegate shall be established once the bioretention
                      device underdrainage pipe work is installed. At the time of inspection, a sample of the
                      drainage layer, transition layer, and filtration media materials must be stockpiled on-site.
                      Laboratory results must be provided for the filter media which demonstrate that the media
                      complies with the specifications contained in the latest version of the “Guidelines for Soil
                      Filter Media in Bioretention Systems” (produced by the Facility for Advancing Water
                      Biofiltration) and that the minimum hydraulic conductivity specified on the approved
                      engineering plans will be achieved. In addition laboratory results must be provided
                      demonstrating that the transition layer and drainage layer meet the following bridging criteria:
                      (a)     D15 (drainage layer) ≤ 5 × D85 (transition layer)
                      (b)     D15 (transition layer) ≤ 5 × D85 (filter media)
                      The drainage layer, transition layer, and filtration media materials shall not be installed until
                      the catchment draining to the bioretention device has 70% groundcover as determined by
                      Council’s delegate.
               56.    Prior to issuing of a final compliance certificate, council must receive evidence that the results
                      for the in-situ hydraulic conductivity testing conducted in accordance with FAWB PRACTICE
                      NOTE 1: In Situ Measurement of Hydraulic Conductivity Belinda Hatt, Sebastien Le
                      Coustumer April 2008 for the bioretention filter media achieve the design criteria.

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               Erosion and Sediment Control
               57.    A ‘for construction’ Erosion and Sediment Control Plan (E&SCP) must be provided to
                      Council’s Delegate at least 2 weeks prior to the on-site pre-start meeting and prior to works
                      commencing. The E&SCP must:
                             a. be prepared by a suitably qualified and experienced professional;
                             b. relate to each phase of the works (including clearing, earthworks, civil
                                construction, services installation and landscaping) and detail the type, location,
                                sequence and timing of measures and actions to effectively minimise erosion,
                                manage flows and capture sediment;
                             c. be consistent with current best practice standards to the extent that the standards
                                are not inconsistent with the conditions of approval and taking into account all
                                environmental constraints including erosion hazard, season, climate, soil, and
                                proximity to waterways;
                             d. provide sufficient detail regarding the manner in which compliance with all
                                conditions of this permit relating to E&SC is to be achieved;
                             e. include details of proposed flocculants and automatic dosing systems for sediment
                                basins, including jar testing results. Demonstrate the suitability of the proposed
                                flocculant having regard to the downstream receiving environment and water
                                quality; and
                             f.   include the results of all soil investigations undertaken for the site and on which
                                  the E&SCP is based
               58.    Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) 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. These measures must be
                      designed, implemented and maintained in accordance with “Best Practice Erosion and
                      Sediment Control” published by the International Erosion Control Association (Australasian
                      Chapter) (IECA, 2008), to the extent that such measures and practices are also consistent
                      with the following:
                      (c) Minimise Erosion
                            (i)    Restrict the extent of clearing to that necessary for access to and safe
                                   construction of the approved works;
                            (ii) Protect vegetation in all other areas of the site;
                            (iii) Minimise the duration of soil exposure by undertaking land clearing and
                                   stabilisation according to the rainfall erosion hazard as specified in IECA (2008)
                                   Tables 4.4.2 and 4.4.7
                            (iv) Prior to either the approval of the plan of survey for the development or
                                   commencement of use, all site surfaces are to be effectively stabilised using
                                   methods that 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.
                      (d) Manage concentrated stormwater flows
                            (i)    Implement drainage and erosion control measures (including contingency
                                   measures), prior to rainfall, which prevent or minimise rill erosion and gully
                                   erosion.
                            (ii) Ensure clean stormwater is diverted/managed around or through the site without
                                   increasing the concentration of total suspended solids or other contaminants in
                                   the flow and without causing erosion (on-site or off-site). If it is not feasible to
                                   divert all areas discharging clean stormwater around or through the site, the clean
                                   stormwater runoff is managed in the same manner as contaminated stormwater


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                                    runoff and ensures that sediment basins are sized to accommodate the additional
                                    volume of runoff.
                              (iii) Prior to each rainfall event ensure concentrated stormwater flow paths are
                                    provided with capacity in accordance with IECA (2008) Table 4.3.1 and do not
                                    cause water contamination, rill or gully erosion, sedimentation or damage to
                                    structures or property
                      (e)     Minimise sediment released from the site
                              (i)   All site sub-catchments greater than 2,500m2 in area, are to be provided with
                                    sediment controls which are designed, implemented and maintained to a
                                    standard which would achieve at least 80% of the average annual runoff volume
                                    of the contributing catchment treated (i.e. 80% hydrological effectiveness) to
                                    50mg/L Total Suspended Solids (TSS) or less, and pH in the range 6.5–8.5.
                                    Where this is proposed to be achieved through the use of sediment basins, the
                                    following applies:
                                     (i) each basin is sized and operated in accordance with either a Type-A or
                                           Type-B sediment basin as documented in IECA (2008) Appendix B (June
                                           2018), based on the contributing catchment area including undisturbed
                                           catchments which cannot be diverted;
                                     (ii) each basin is to be provided with an automated system of flocculant dosing
                                           and a suitable supply of flocculant/coagulant, with the type of
                                           flocculant/coagulant determined based on Chemical Coagulants and
                                           Flocculants Fact Sheet (IECA, 2018);
                                     (iii) markers are provided within each basin indicating the maximum sediment
                                           storage level and any additional water storage capacity for water reuse
                                     (iv) during discharge from the primary outlet system, the concentration of total
                                           suspended solids (TSS) discharged does not exceed 50mg/L and that pH is
                                           within the range of 6.5-8.54. These discharge standards apply equally to any
                                           intentional release of any water captured or stored within the site;
                                     (v) The hydraulic structures such as inlets, outlets, spillways must be
                                           structurally sound for the design events as specified in IECA (2008); and
                                     (vi) The sediment basin is to be constructed and operational before any
                                           disturbance occurs in the catchment upslope of the basin. Accumulated
                                           sediment from basins and other controls is to be removed and disposed of
                                           appropriately without causing water contamination.
                              (ii) For site sub-catchments less than 2,500m2 in area and where it is not feasible to
                                    divert runoff from these small disturbed areas of the site to a sediment basin,
                                    compensatory erosion and sediment controls are implemented prior to rainfall to
                                    ensure that erosion of those of areas is minimised and Type 2 or Type 3 sediment
                                    controls are provided in accordance with IECA (2008).
                              (iii) Controls are to be installed to minimise the tracking of dirt from the site onto
                                    roadways. Any dirt on roadways caused by vehicles leaving the site is to be
                                    removed without causing water contamination, prior to rainfall and at least at the
                                    end of each work day.
                      (f)     Manage works within waterways
                              (i)   Waterways, including perennial and permanent waterways, are not to be altered,
                                    nor riparian (including rehabilitated) vegetation disturbed without prior written
                                    approval of the relevant administering authority.
                              (ii) Work within waterways is to be:-
                                     (i) only undertaken during the lower rainfall months;
                                     (ii) promptly rehabilitated conforming to the natural channel form, substrates
                                           and riparian vegetation as far as possible; and
                                     (iii) undertaken in accordance with Best Practice Erosion and Sediment Control,
                                           Appendix I – Instream works, Sections 14 and 16, (International Erosion
                                           Control Association, 2008).
                              (iii) Temporary vehicular crossings of waterways are to be designed and constructed
                                    to convey flows for the 63%AEP and remain stable for all rainfall events up to the
                                    10% AEP event of critical duration.

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                              (iv)     ESCs are not to be constructed within the riparian buffer zone, unless it is not
                                       feasible to site them elsewhere, and then only within cleared areas.
               H.     Include the following Advisory Notes
               Material Change of Use & Reconfiguring a Lot (MCU23/0094 & RAL23/0014)
                      Aboriginal Cultural Heritage Act 2003
               1.     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
               2.     The plans for the proposed building work have NOT been assessed for compliance with the
                      requirements of the National Construction Code - Building Code of Australia (Volume 1) as
                      they relate to people with disabilities. Your attention is also directed to the fact that in addition
                      to the requirements of the National Construction Code as they relate to people with
                      disabilities, one or more of the following may impact on the proposed building work:
                      a.      the Disability Discrimination Act 1992 (Commonwealth);
                      b.      the Anti-Discrimination Act 1991 (Queensland); and
                      c.      the Disability (Access to Premises – Buildings) Standards.
                      Advertising Devices
               3.     All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
                      (Administration) 2015 including both temporary and permanent signage. All freestanding,
                      pylon or pole signs or signage that is illuminated requires approval from Council prior to being
                      installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
                      prohibited from being erected in the Shire.
                      Development Compliance Inspection
               4.     Prior to the commencement of the use, please contact Council's Development Assessment
                      Branch to arrange a Development Compliance Inspection.
                      Nature and Extent of Approved Development
               5.     The assessment of this development was based on a proposal having a plot ratio of 0.5:1,
                      as depicted on the Approved Plans and conditioned.
               6.     Should the outstanding matters raised in this approval be addressed to Council’s satisfaction,
                      Council may change the approval to a Development Permit through the Negotiated Decision
                      Notice process.
                      Submission of Amended Plans Required (as required by MCU23/0094 & RAL23/0014)
               7.     The conditions of this Decision Notice require resubmission of plan/s to Council with
                      amendments as per the Material Change of Use and Reconfiguring a Lot Development.
                      Please address the amended plan/s to Council’s Development Assessment Branch.
                      The revised plans are to be provided to Council for review and approval prior to the
                      issue of Building Approval.


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                      Sustainability
               8.     Council encourages sustainable and energy efficient building design for all development,
                      including the use of sustainable building materials, energy efficient fittings, solar hot water,
                      photovoltaic systems (including the use of inverter/charges), solar panels, water saving
                      devices and rainwater harvesting.
               Operational Works (OPW23/0113)
                      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.
               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.
                      Prestart, On and Off Maintenance Inspections Request
               4.     Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
                      business days notice of preferred inspection time.
               5.     If Council officers are required to undertake additional inspections of the same works, a
                      reinspection fee will be applicable in accordance with Council’s Fees and Charges register
                      applicable at the time.
               6.     A minimum maintenance period of 12 months will apply to all municipal works and thereafter
                      until such time as the works are performing in accordance with the approved design unless
                      noted otherwise.
               7.     Accepted best practice standards include International Erosion Control Association
                      Australasia Best Practice Erosion and Sediment Control.
               8.     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).
               9.     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
                      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 final inspection, 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, 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;

                                                                                                         Page 23 of 25

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                              •     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.
                      Retention of Existing Trees
               10.    The existing trees on adjoining properties must be retained and protected during construction
                      wherever achievable. To avoid doubt, this advisory note is not intended to exclude the
                      operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following
                      construction of the development which is the subject of this development approval.
                      Removal of Existing Trees and Vegetation
               11.    Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
                      well as optimum weed seed sterilisation.
                      Qualified Person
               12.    Qualified Person, for the purpose of:
                      a.      Supervising landscape works and preparing a landscape certification, is considered to
                              be a landscape architect, landscape designer or horticulturist with a minimum of three
                              years current experience in the field of landscape design.
                      b.      Undertaking landscape construction and establishment works is considered to be a
                              person with five years current experience in commercial landscape construction
                              projects.
                      c.      Undertaking, supervising tree works and preparing arboriculture certification, is
                              considered to be a person with a minimum three years current experience in tree
                              protection, hazard identification/mitigation and assessment and either:
                              i.       International Society of Arboriculture (ISA) certification; or
                              ii.      A Diploma of Arboriculture.
                      d.      Undertaking Fauna site works and calculating compensatory habitat is considered to
                              be a Fauna Spotter Catcher with current certification under the Queensland Parks and
                              Wildlife Service.
                      e.      Assessing and certifying soil quality is considered to be an Agronomist Horticulturalist
                              with three years current experience in soil testing.
                      Landscape Works
               13.    The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges
                      Register where:
                      a.      An inspection revealed that any constructed rehabilitation/landscape works do not
                              comply with the conditions of the Decision Notice, Approved Plans and or Approved
                              Documents
                      Certification is submitted to Council falsely stating that works comply with the approved plans,
                      documents and or conditions of the Decision Notice.
               14.    Public amenity trees are defined as any tree located within public streets, parks or areas that
                      will become publicly owned as a result of this development.
                      Erosion & Sediment Control Plans
               15.    The ESC plans submitted with the application have not been approved and are not
                      considered suitable for addressing the conditions of this permit. Specialist advice and input
                      should be sought in the preparation of ‘for construction’ ESC plans.
               I.     Include the following Reference Document



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                        Plan No.          Rev.   Plan/Document Name                         Date

                        Arborist Report   -      Arborist Report, prepared by, Australian 13/09/2023
                                                 Tree     Contractors   &    Aboricultural
                                                 Consultants

               J.     Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.




                                                                                              Page 25 of 25

Document Set ID: 22926712
Version: 8, Version Date: 13/05/2024

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