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Referral Agency Response - Planning RAP25 0023 (As Published) · RAP25/0023
Officer: Andrew Gaffney
Direct Telephone: 07 5329 6245
Our Reference: RAP25/0023
Your Reference: n/a
30 January 2026
TM Russell & GT Russell
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam,
Referral Agency Response
Planning Act 2016
I refer to your application and advise that Council, as a referral agency for the application,
completed its assessment of the application on 28 April 2025. You are advised that Council
requires conditions to be attached to any development approval. The conditions are listed
below.
1. APPLICATION DETAILS
Application No: RAP25/0023
Street address: 6 Mermaid Quay, Noosaville Qld 4566
Real property description: Lot 120 RP 842150
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. TYPE OF DEVELOPMENT
• The applicant seeks an early Referral Agency Response for Additions to Dwelling House
(Structures within the Revetment Wall Setback)
3. TIME LIMIT FOR MAKING FURTHER APPLICATION
Pursuant to section 54(4) of the Planning Act 2016, you will not be required to refer your
building works application to council for a further Referral Agency Response if:
• you submit this Referral Agency Response in its entirety, including all referenced plans
and documents, when making the application to the Assessment Manager; and
• there are no changes to the proposal that was presented to council with this referral;
and
• The development application to the assessment manager is made within 1 year of the
date of this referral agency response.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. REFERRAL AGENCY CONDITIONS
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this referral response must be complied with
prior to the use of the works commencing, and then compliance maintained at all times
while the use continues.
Approved Plans
2. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
5.2 A Hardscape Dimensions – Canal prepared by 09/06/2025
Reitsma - Annotated by Council
6.4 A Proposed Elevation 04 - Southern Aspect prepared 09/06/2025
by Reitsma
7.2 A Section 02 prepared by Reitsma 09/06/2025
Lighting Amenity
3. No flood lighting must be used on site. Any vertical illumination resulting from direct,
reflected or other incidental external lighting emanating from the site must not exceed 8
lux when measured at any point 1.5 metres outside the boundary and at any level from
ground level upward.
Noosa Waters Setback
4. The area within 4.5 metres of the centre line of the top of the concrete revetment wall
must be developed in accordance with the following:
a. a minimum of 25% of the area must be planted with shrubs and small trees with a
mature height of 3m or less.
b. a maximum of 25% of the area may be impervious, with the balance area soft
landscaping (i.e. grass, ground covers, shrubs and small trees).
c. the ground surface within 1 metre of the revetment wall must be grass or ground
cover and must not include shrubs or hard pavement.
d. any side boundary fencing must taper down to a maximum height of 1.2 metres at
the revetment wall and have a height not exceeding 1.5 metres at a distance of
2.25 metres from the revetment wall.
e. any retaining structures, planter boxes or the like must be finished with natural
materials such as timber or rock rather than manufactured materials.
5. No shore side anchor points are permitted within 4.5m of the revetment wall.
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Bonds
6. A site compliance bond of $5,000 is to be submitted to Council prior to the
commencement of works. The commencement of works can only commence once
Council's Construction Engineering Officer has confirmation that the bond monies have
been received by Council.
The bond will be refunded less any costs incurred by Council in ensuring compliance
with these conditions or any additional inspections incurred for substandard work or work
undertaken not in accordance with this permit.
7. Bonds must:
a. meet the requirements of council’s relevant Planning Scheme Policy for
performance and uncompleted works;
b. be lodged with Council and accompanied by the Bond Administration Fee/s; and
c. be requested for release by writing to Council, when relevant approval
requirements have been met.
Earthworks
8. All earthworks and associated retaining structures/batters 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.
9. Earthworks carried out on site must not affect the structural integrity of the revetment
wall, existing fences or other structures that border the subject site. Fences that are
affected must be replaced in a timely manner and in consultation and agreement of the
owners of the related properties.
Landscaping
10. Where excavations result in a cut face greater than 0.5m, suitable landscaping is to be
installed to soften the visual impacts of the excavations to the Noosa Waters’ Canal for
the full length of the cut face. Landscaping is to be of a suitable species and in
accordance with Noosa Plan 2020 Planning Scheme Policy PSP2 Landscaping.
Revetment Wall / Flood Storage
11. All works within the 4.5m setback from the revetment wall must be carried out generally
in accordance with:
a. SCG Consulting’s Existing & Proposed Site Plan (0447 – OW1.1, Rev. A) dated
24 April 2025.
12. All works for the purpose of increasing available flood storage must be located within
the 4.5m setback from the revetment wall.
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13. Certification of the completed works within the 4.5m setback from the revetment wall
must be submitted to Council within 3 months of the completion of the works. The
certification must be prepared by a RPEQ (Registered Professional Engineer of
Queensland) and state that the works:
a. have not reduced the amount of available flood storage within the 4.5m setback
from the revetment wall;
b. have not negatively impacted the stability of the revetment wall or negatively
impacted the associated membrane;
c. have not reduced the available flood storage within the lot from the profile as
described in The Noosa Plan 2020 – Low Density Residential Zone Code; and
d. meet the relevant conditions of this approval.
Stormwater Drainage
14. Stormwater runoff from the development must be disposed of on-site without causing
scour or damage to the subject site or any adjoining property.
Damage to Services and Assets
15. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. Where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. Where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.
5. REASONS FOR REFERRALN AGENCY’S DECISION
The proposal is subject to specific built form parameters outlined in The Noosa Plan (25
September 2020).
6. REFERENCE DOCUMENT
Plan No. Rev. Plan/Document Name Date
0447 – OW1.1 A Existing & Proposed Site Plan prepared by SCG 24 April 2025
Consulting
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form
part of the referral agency conditions:
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
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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.
Development Compliance Inspection
3. Prior to the commencement of the use, please contact Council's Development
Assessment Branch to arrange a Development Compliance Inspection.
Performance Bond Agreement
4. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
Sustainability
5. 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.
8. REPRESENTATIONS ABOUT REFERRAL AGENCY RESPONSE
Not applicable
Yours faithfully,
Andrew Gaffney
Senior Development Planner | Development Assessment
Development & Regulation
Enc: Approved Plans/Documents
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