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Delegated Report - Code - Planning OPW24 0125 · OPW24/0125
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Senior Development Engineer, Daniel Epps
Development Assessment
APPLICATION DETAILS
Application No. OPW24/0125
Applicant Woolloms Constructions
Proposal Operational Works - Drainage Works, Earthworks, Roadworks,
Stormwater, Clearing Vegetation under planning scheme
Properly Made Date 15 August 2024
Information Request Date 16 September 2024
Information Response Date 11 December 2024
Decision Due Date 23 January 2024
Report Reviewed & Mark Lewis – 10 January 2025
Finalised By
PROPERTY DETAILS
Property Address 100 Cooyar St Noosa Heads Qld 4567
RP Description Lot 9 RP 225312
Land Area 25000.000 m²
Existing Use of Land Commercial (Aged Care)
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Community Facilities (3 – Residential Care Facility)
Precinct Not applicable
Local Plan Area Noosa Heads
Overlays Acid Sulfate Soils, Biodiversity, Waterways and Wetlands,
Bushfire Hazard, Landslide Hazard and Koala Habitat Area
Assessment Type Code
1. PROPOSAL
The application seeks approval for a Operational Works - Drainage Works, Earthworks,
Roadworks, Stormwater, Clearing Vegetation under planning scheme.
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The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Site Plan
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2. APPLICATION BACKGROUND
The application sets out to address the conditions of the higher order approval
(132001.210127.04).
As part of the higher order approval, Council and the applicant entered an Infrastructure Agreement
for the construction and ongoing maintenance of the existing fire access trail that is currently
utilised and maintained by the aged care operator.
Council is concurrently assessing a separate Operational Works application for Landscaping
(OPW24/0196).
3. SITE DETAILS
3.1. Site History
The subject site has operated as an Aged Care Facility since approximately 2005. The existing
development approval has been ‘changed’ four (4) times. Following Council’s most recent decision
to approve a partial redevelopment of the site, additional conditions were imposed to maintain
continuity across the entirety of the development, particularly relating to stormwater quality.
3.2. Site Description
The subject site:
• is screened with vegetation from Cooyar Street and adjoining lots;
• generally grades to the north-east towards Giraween National Park; and
• gains ingress from Cooyar Street.
3.3. Surrounding Land Uses
The subject site adjoins an existing parcel of land owned by Council used as a fire access trail.
Giraween National Park is located to the north and east of the site.
Figure 3 – Surrounding Land Uses
In addition to the above, the subject site adjoins the Noosa Court House and Noosa Heads Police
Station with residential lots on the western side of Cooyar Street.
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Figure 4 – Surrounding Land Uses
4. ASSESSMENT
4.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017; and
• Noosa Plan 2020 (25 September 2020).
4.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Works Codes – Driveways and Parking, Water Quality and Drainage, Earthworks,
Landscaping,
• Overlay Code – Acid Sulfate Soils, Bushfire Hazard
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
Fire Access Trail
The proposed fire access trail generally meets the design criteria for a Type 5 Fire Access Trail,
QUDM and Austroads’ A Guide to Road Design and Guide to Pavement Technology Part 6.
Additionally, the trail generally complies with the Higher Order Approval and Infrastructure
Agreement. Sufficient detail has been provided demonstrating that fire fighting appliances and
construction traffic can manoeuvre the proposed fire access trail.
The detailed design proposes to protect the crossings from scour by rock-reinforcing the batters at
a 1:3 grade using 200mm d50 rock at a minimum depth of 250mm. The 200mm d50 rock is
considered acceptable in line with section 8.7.2 of QUDM for a rock energy dissipater. It is
recommended that the minimum depth be increased from 250mm to 300mm and included as part
of amended plans to be provided to Council prior to prestart.
Stormwater Quality
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The proposed development includes a fraction impervious of 0.551, reduced from 0.554 that
currently exists onsite. The MUSIC modelling provided by applicant demonstrated that the existing
stormwater management systems fails to achieve Council’s minimum total nitrogen reduction rate
of 45% (40.6%). Through assessment of the higher order approval, the applicant provided
additional modelling that included additional infiltration trenches. This resulted in a total nitrogen
reduction rate of 50.2%, exceeding the minimum requirement. The additional infiltration trenches
are documented in the latest revision of submitted drawings.
The applicant informed Council that Condition 36 of the existing 2005 approval was not currently
being complied with. The condition relates to stormwater quality treatment of an existing area of
the development that is not included as part of the proposed works. To satisfy the condition and
achieve a more holistic outcome, the applicant has proposed to retrofit a proprietary stormwater
treatment device as part of the proposed works. Performance Outcome 7 of the Water Quality and
Drainage Code states that:
“Water quality systems use natural processes, whenever possible…”
In this instance, Engineering believes that retrofitting a treatment device that uses natural
processes is not reasonably possible. The extent of works required to retrofit a treatment device
that uses natural processes will adversely affect the development site (i.e., loss of vegetation,
carparking, stormwater infrastructure, etc.). The proposed proprietary device would be privately
owned and maintained. Engineering believes the use of a proprietary device is considered
acceptable in this instance.
Earthworks
The works proposes a balance of 810m3 of earthworks (803m3 of cut, 1,613m3 of fill). The extent
of cut and fill will not occur below +5m AHD and therefore does not trigger assessment against the
State Planning Policy for Acid Sulfate Soils.
Carparking
The additional proposed carparks have been designed in accordance with AS2890.
Summary
The submitted development plans prepared by STP Consultants are annotated as “NOT FOR
CONSTRUCTION”. An amended set of plans that are “FOR CONSTRUCTION” are to be submitted
to Council prior to Council attending the pre-start meeting.
Engineering believes that the proposed development generally complies with the relevant
provisions of The Noosa Plan 2020, the higher order approval and Infrastructure Agreement and
recommends the following conditions.
5. CONSULTATION
5.1. Referral Agencies
Not Applicable
5.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Senior Environment Officer
• Infrastructure Services (Design Office)
6. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
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With regard to Application No OPW24/0125 for a Operational Works - Drainage Works,
Earthworks, Roadworks, Stormwater, Clearing Vegetation under planning scheme situated at 100
Cooyar St Noosa Heads Qld 4567 and described as Lot 9 RP 225312, it is recommended the
application be approved in accordance with the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: OPW24/0125
Street address: 100 Cooyar St Noosa Heads Qld 4567
Real property description: Lot 9 RP 225312
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for an Approval Operational Works - Drainage Works, Earthworks,
Roadworks, Stormwater, Clearing Vegetation under planning scheme
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
APPROVED PLANS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
C101 D Project Notes – Sheet 1 15 August 2024
Prepared by STP Consultants
C102 D Project Notes – Sheet 2 15 August 2024
Prepared by STP Consultants
C103 E Demolition Plan & Tree Removal Plan 15 August 2024
Prepared by STP Consultants
C104 G General Arrangement Plan 5 November 2024
Prepared by STP Consultants
C105 B Site Sections – Sheet 1 15 August 2024
Prepared by STP Consultants
C106 C Site Sections – Sheet 2 5 August 2024
Prepared by STP Consultants
C201 E Earthworks Stripping Plan 15 August 2024
Prepared by STP Consultants
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C202 F Earthworks Management Plan 5 November 2024
Prepared by STP Consultants
C301 F Finished Levels Plan – Sheet 1 5 November 2024
Prepared by STP Consultants
C302 C Concrete Jointing Plan 22 July 2024
Prepared by STP Consultants
C303 B Access Track Setout Plan 4 July 2024
Prepared by STP Consultants
C304 B Access Track Longitudinal Section 4 July 2024
Prepared by STP Consultants
C305 B Access Track Cross Sections – Sheet 1 4 July 2024
Prepared by STP Consultants
C306 B Access Track Cross Sections – Sheet 2 4 July 2024
Prepared by STP Consultants
C308 B Proposed Passing Lane & End of Fire Track 22 July 2024
Layout Plan
Prepared by STP Consultants
C309 B Finished Levels Plan – Sheet 2 15 August 2024
Prepared by STP Consultants
C310 B Finished Levels Plan – Sheet 3 15 August 2024
Prepared by STP Consultants
C311 B Finished Levels Plan – Sheet 4 15 August 2024
Prepared by STP Consultants
C312 B Finished Levels Plan – Sheet 5 15 August 2024
Prepared by STP Consultants
C313 B Finished Levels Plan – Sheet 6 15 August 2024
Prepared by STP Consultants
C315 C Finished Levels Plan – Sheet 8 5 November 2024
Prepared by STP Consultants
C401 C Stormwater Management Plan 29 October 2024
Prepared by STP Consultants
C403 A Absorption Trenches Layout & Details Plan 29 October 2024
Prepared by STP Consultants
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The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
C307 B Proposed Crossings Layout & Details Plan 4 July 2024
Prepared by STP Consultants
Amendments The minimum depth of the proposed rock armor scour protection is
not satisfactory.
Provide an amended Proposed Crossings Layout & Details Plan
prior to the prestart meeting that includes:
a. 200mm d50 rock armor scour protection to a minimum
depth of 300mm.
C314 B Finished Levels Plan – Sheet 7 15 August
2024
Prepared by STP Consultants
C402 B Stormwater Longitudinal Sections 15 August
2024
Prepared by STP Consultants
Amendments During the 1% AEP event, stormwater overflow from Catchment 2/A
will be controlled, collected and discharged within the subject site
towards the fire access trail via Outlet 1/A.
The design proposes to concentrate flow without returning flow back
to the natural flow regime, creating the potential risk of scour about
the outlet and to downstream properties (fire access trail, Giraween).
Provide an amended Finished Levels Plan – Sheet 7 and Stormwater
Longitudinal Sections prior to the prestart meeting that includes:
a. an amended outlet (1/A) that returns the concentrated
flow back to the natural flow regime (i.e., sheet flow).
Council considers an acceptable solution to include a
rock energy dissipator.
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 6 January 2027, unless an application to extend the currency period
is approved by Council.
SITE SPECIFIC CONDITIONS
Bonds
3. A site control and/or compliance bond of $25,000 is to be submitted to Council prior to the
pre-start meeting. The pre-start meeting will only be held 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.
4. Bonds must:
a. have approval of the bond calculations and amount from Council prior to lodgement
b. be lodged with Council and accompanied by the Bond Administration Fee/s.
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c. be requested for release by writing to Council, when relevant approval requirements
have been met.
PRIOR TO COMMENCEMENT OF WORKS
Landscaping
5. Tree protection fencing must be installed under the supervision of the qualified person*.
*(Refer to Advisory Note)
6. At the prestart and prior to clearing works a review of all clearing associated with or adjacent
to the Allocasuarina littoralis must be undertaken with the site arborist.
Engineering
7. Submit amended plans to Council as described in the List of plans requiring amendments.
The plans must be submitted and approved prior to the pre-start meeting and be issued “FOR
CONSTRUCTION”.
8. All necessary approvals from external service providers (e.g., Unitywater) and external
parties on which the development works are proposed have been obtained and a copy
supplied to Council.
9. A condition report including photographs of the frontage of the site must be completed and
submitted to council at the prestart meeting / prior to any works commencing.
10. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
11. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The
pre-start meeting must include the relevant parties for the following aspects of the works:
a. civil engineering works;
b. landscape works;
c. erosion and sediment control works;
d. arboreal works;
e. fauna management works; and
f. other relevant parties
12. A Construction Management Plan must be submitted to Council prior to the pre-start meeting
and must specifically address the following:
a. Traffic Management during all aspects of the construct phase including:
i. a Traffic Management Control Plan in accordance with Manual of Uniform Traffic
Control Devices (MUTCD) detailing all temporary signage and traffic control
measures prior to construction;
ii. maintenance of safe vehicle and pedestrian access across the frontage of the
site both during daily construction and after daily construction has ceased;
iii. proposed fencing to the site during the construction phase of the development;
iv. adequate parking arrangements for construction workers; and
v. no queuing of trucks is permitted on residential streets, especially prior to
7.00am. Further parked trucks must have engines turned off.
b. maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures;
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c. works programme identifying key components of the works and their respective
durations;
d. establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic and services and other relevant issues;
e. include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details;
f. include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details;
g. identification of complaint management procedures including:
i. contact details for the on-site manager;
ii. dispute resolution procedures; and
h. for haulage operations involving significant volumes of fill material or excavated
material being transported onto or off the site: details on the location of external fill
sites/sources, the haulage route, type of vehicle to be utilised during filling operations
and frequency of usage. NB any damage to the existing road system as a result of
haulage operations shall be fully repaired at the applicant’s expense.
13. Any changes to the details associated with the supervising RPEQ or Principal Contractor
during construction, must be notified to council in writing within five business days of the
change occurring.
14. Any conflict between the development and an existing or proposed service must be referred
to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
Retention of Existing Trees and Vegetation
15. All trees and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.
16. A qualified person * must be engaged for the duration of the works to:
a. ensure works are carried out in accordance with the approved Arboricultural / Tree
Management Plan, Version 1, dated 16/07/2024
b. oversee installation of all tree protection fencing prior to commencement of any works
onsite (including any clearing).
c. supervise tree protection within the development site and frontages, prior to, during
and following construction in accordance with AS 4970, Protection of trees on
development sites.
d. oversee approved tree removal in proximity to retained trees.
*(Refer to Advisory Note)
17. Vegetation areas for protection must:
a. be protected in accordance with the approved Demolition Plan & Tree Removal Plan
and Arboricultural /Tree Management Plan.
b. be protected with a 1.8m high temporary safety fence or temporary barrier mesh / three-
strand wire with pickets at 3m centres.
c. have the fence installed prior to the prestart meeting and maintained for the entire
period of construction.
d. have ‘Exclusion Zone’ (‘No Go’) signage fixed to the fence at 10m centres.
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e. have no construction material, equipment or personnel entering the area/zone except
to undertake approved rehabilitation activities.
*(Refer to Advisory Note)
Fauna Management
20. A qualified person* must be engaged to manage fauna prior and during clearing to:
a. ensure works are carried out in accordance with the approved Fauna Management
Plan, J001259, version 1, dated 01/02/2024; and the Nature Conservation Act 1992.
b. undertake pre-clearing inspections including fauna relocation and removal or blocking
of all vacant hollows.
c. ensure clearing works avoids nesting times of animals and birds.
d. provide a written report to Council with the request for the prestart meeting of all pre-
clearing activities and initiatives.
e. co-ordinate staging and sequence of clearing with fauna protection.
f. protect and recover fauna during clearing operations (fauna not previously removed).
g. manage the translocation of animals and recovery procedures in accordance with
relevant legislation.
h. undertake protection works for mulching of any stockpiled vegetation.
*(Refer to Advisory Note)
Removal of Existing Trees and Vegetation
22. Removal of existing trees and vegetation must be undertaken by a qualified person* and
must include:
a. stump grinding to below finished surface level.
b. rectification to the finished surface levels and materials.
c. no damage to other vegetation for retention.
d. legal disposal of all removed vegetation and debris.
*(Refer to Advisory Note)
24. Vegetation removal, felling and lopping must:
a. retain old growth tree hollows and suitably relocate and distribute for nesting fauna.
b. mulch all other wood and leaf material (without root balls, soil or debris and minimising
weed seeds) for re-usable mulch.
c. have mulch for re-use in landscape or rehabilitation stockpiled and aged for a minimum
of three months.
d. have mulch stockpiles no larger than 1000m3, 2.5m in height and with 10m separation
between piles.
e. allow for existing endemic ground flora to be translocated to suitable landscaping and
rehabilitation areas.
f. conclude with the area being stabilised against erosion, landscaped, rehabilitated and
revegetated.
*(Refer to Advisory Note)
Engineering
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25. The developer must meet any costs to repair damage to any Council asset during
construction, where damage is a result of the development works. Damage to assets must
be repaired immediately where it creates a hazard to the community. In circumstances where
the damage does not create a hazard to the community, it must be repaired immediately on
completion of the works associated with the development.
26. All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ)
who is independent of the Developer and Principal Contractor, and they must certify that all
works conform to the Operational Works permit. Where municipal works are involved, such
confirmation must be submitted for the respective hold points prior to any site inspection by
Council Officers.
27. All works must be constructed and work procedure undertaken in accordance with:
a. the approved plans/documents and conditions detailed in this Decision Notice;
b. the relevant conditions of the higher order Material Change of Use approval viz.
132001.210127.04 to which this approval relates;
c. all relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines; and
d. the latest version of the Healthy Waterways document “Water Sensitive Urban Design
Technical Design Guidelines for South East Queensland” for all water quality devices
to be constructed on site.
Pavement Design and Construction
28. The pavement designs shown on the engineering drawings are not approved. To attain
approval for the pavement design, the following details must be submitted and certified by
an RPEQ with the proposed pavement design.
a. the design CBR must be based on the four day soaked CBR value for the subgrade
material;
b. the design subgrade CBR must be representative of each homogenous insitu section
of finished subgrade. With respect to each section:
i. for four or less test results, the design CBR must be taken as the least estimated
insitu CBR result; or
ii. for five or more test results, the design CBR must be taken as the 10th percentile
of all estimated insitu CBR results;
c. the samples must be taken generally in the position of the outer wheel path on both
sides of the proposed road. A sketch plan showing the location of all tests must be
submitted with the test results for pavement design approval; and
d. where imported material has been (or is proposed to be) used for subgrade
replacement, and the depth of the imported material is less than 300mm, the pavement
design CBR must be based on the testing results of the insitu material and not the
imported material.
29. At the time of subgrade inspection, the subgrade must exhibit no visible signs of deformation
under proof rolling by a fully loaded water truck. The pavement subgrade will not be passed
until this requirement has been achieved.
30. Pavement design for privately owned works must be undertaken in accordance with the
relevant standards. Structural integrity of the driveway and car park areas will remain the
responsibility of the property owner/developer and must be certified by an RPEQ.
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Works within Road Reserve/Reinstatement
31. Safe vehicle and pedestrian access on all streets in the vicinity of the development must be
maintained at all times. Should footpath/road closures be necessary to carry out construction
works, Council’s Engineering Officer must be notified prior to the proposed closure and all
requirements complied with.
32. All frontage works must match neatly with existing road and verge/footpath features.
Additional works beyond the frontage may be required to provide an acceptable transition to
existing road and verge/footpath profiles.
33. Electrical conduits or other services proposed to be installed within existing and proposed
road reserves under existing sealed carriageways, concrete pathways, concrete/sealed
driveways or significant vegetation must be installed by boring. Trenching is not permitted,
unless specifically approved by Council.
Earthworks and Retaining Walls
34. All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development, with geotechnical testing
undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as
defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and
uniformity of fill shall be provided by a RPEQ and submitted to Council.
35. Fall protection must be provided to retaining walls that are over 1m high.
36. Slope and batters are a maximum grade of:
a. 1 in 6 where in proximity to waterbodies;
b. 1 in 4 for grassed areas; and
c. 1 in 3 for planted areas.
Stormwater Drainage
37. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
38. Works associated with this permit must not adversely impact on the existing drainage
conditions on other properties (e.g., by blocking or interfering with natural overland flows).
39. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
40. Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
Regulation 2019) must not be released from the site or to waters within the site, or be likely
to be released should rainfall occur, unless all reasonable and practicable measures are
taken to prevent or minimise the release and concentration of contamination. 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:
a. minimise erosion:
i. for areas of the site which drain to a sediment basin, implement drainage and
erosion control measures prior to rainfall which prevent or minimise rill erosion
and gully erosion
ii. For areas of the site which do not drain to a sediment basin, implement drainage
and erosion control measures prior to rainfall (including contingency measures)
which prevent or minimise erosion, including rain drop erosion, chemical erosion,
rill erosion and gully erosion
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b. manage concentrated stormwater flows:
i. prior to each rainfall event ensure concentrated stormwater flow paths are
provided with capacity in accordance with IECA (2008) Table 4.3.1 and are
structurally stable in all rainfall events for the following sources:
a) from stormwater catchments upslope of the area of disturbance which are
either stable or external to the site, ensure stormwater is diverted or
managed either:
i. around the site or through the site without causing erosion and
without contaminating the flow; or
ii if it is impractical to convey the flows around or through the site,
convey the flows into appropriately sized sediment basins without
causing erosion.
b) from all disturbed areas of the site to sediment basin(s) without causing
erosion
c. minimise sediment released from the site:
i. prior to each rainfall event ensure concentrated stormwater flow paths are
provided with capacity in accordance with IECA (2008) Table 4.3.1 and are
structurally stable in all rainfall events for the following sources:
a) 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).
b) each basin is to be provided with an automated system of flocculent dosing
and a suitable supply of flocculent/coagulant, with the type of
flocculent/coagulant determined based on Chemical Coagulants and
Flocculants Fact Sheet (IECA, 2018).
c) markers are provided within each basin indicating the maximum sediment
storage level and any additional water storage capacity for water reuse.
d) 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 6.5-8.5 unless entering a naturally acidic environment.
ii. install and maintain additional sediment control measures within the site, as
necessary to maximise sediment capture.
iii. minimise the tracking of dirt from the site onto roadways. Ensure that all dirt on
roadways caused by vehicles leaving the site is removed without causing water
contamination, prior to rainfall and at least at the end of each work day.
41. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system, natural waterways, any downstream stormwater filtration
system or adversely impacting on other properties. The sediment and erosion control design
and measures have NOT been approved, it is the site's Supervising Engineer who is
responsible for ensuring that the sediment and erosion control measures have:
a. been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods;
b. been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods;
c. been revised to address predicted rainfall events; and
d. achieve the desired environmental outcomes.
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42. Earthworks and the implementation of erosion and sediment controls are undertaken in ways
which ensure flooding characteristics (including stormwater quantity characteristics) external
to the development site are not worsened during construction for all events up to and
including the 1% AEP (1 in 100 year ARI) event.
43. Drainage paths must be regularly inspected to ensure the sediment fences/measures are not
being bypassed as a result of sediment build up. Sediment laden runoff must be prevented
from leaving the subject site and entering neighbouring properties and/or stormwater
systems.
44. Soil exposure must be limited on the site to a distance of no more than 2m beyond the extent
of earthworks shown on the approved plans except where the exposed soil is effectively
stabilised without delay and prior to rainfall occurring.
45. A log book for the Erosion and Sediment Control measures and inspections must be
maintained by the site manager and made readily available to Council when requested. The
supervising engineer must verify and endorsed the E&SC measures upon their installation,
and periodically check these measures and the log book during construction and the
stabilisation stages. Any defects in erosion and sediment control devices, such as sediment
fences, are to be inspected and documented. Upon Inspection, the contractor is to determine
whether the device should be replaced or repaired. Documentation is to include how the
damage was caused and what measures can be implemented to reduce the possibility of
repeat occurrences. Any damage to either permanent or temporary water quality control
structures or devices is to be immediately rectified at the contractor’s expense.
The effectiveness of the erosion and sediment control devices must be monitored. All ESC
measures are to be inspected:
a. at least daily (when work is occurring on site) or weekly (when work is not occurring on
site); or
b. within 24 hours of expected rain; or
c. within 18 hours of a rainfall event (i.e. an event of sufficient intensity and duration to
mobilise sediment on site).
Damage to Services and Assets
46. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
FOLLOWING CONSTRUCTION
Certification
47. Upon completion of the work a certificate must be issued by an RPEQ certifying that the
works have been constructed in accordance with the Operational Works permit.
48. Prior to commencement of use the following (prepared by respective qualified persons* and
certifying compliance with approvals) must be submitted to Council:
a. landscaping certification confirming all works have been constructed in accordance
with conditions of approval.
b. bushfire certification confirming all works have been undertaken in accordance with the
conditions of approval.
(* Refer to Advisory Note)
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As Constructed Plans and ADAC XML Files (Council)
49. Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory
“As-Constructed” records must be submitted to Council. The bundle of “As Constructed”
information shall include:
a. As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing
file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the
accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
b. ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed)
prepared in accordance with industry standards and recorded in “MGA - UTM56 /
GDA94” projection.
Please Note: Further information and advice relating to the as-constructed drawing
presentation, as-constructed survey capture and associated guidelines for preparation
of a compliant ADAC XML digital file are available on the webpage titled “As-
Constructed Guidelines” and accessible at the Noosa Council Website: Planning &
Development / Development Tools & Guidelines / As-Constructed Guidelines.
c. The “As-Constructed” drawings will require certification by a:
i. Qualified experienced Civil Engineer (RPEQ) confirming design intent and
conformance with applicable standards and specifications, along with the
relevant descriptions of assets, services and structures and;
ii. Registered Cadastral Surveyor (Qld) in regard to the cadastral and locational
information, levels and applicable survey datum.
d. The data must be in accordance with Council’s “Planning Scheme Policy 6 –
Engineering Design Standards”, and fully detail the levels for all engineering works
including but not limited to the drainage network and structures, finished ground and
pavement surface levels.
e. Landscaping, including all assets and improvements within parks, open space and road
reserves areas are to be shown on an accompanying separate landscape plan
(prepared in .dwg file format with accompanying hardcopy PDFs) and include a
complaint ADAC XML file. Details of the landscaping and all associated assets and
improvements may be included in the ADAC XML digital file prepared for associated
civil infrastructure, or alternatively, be provided as a separate ADAC XML digital file
containing landscape and asset information only.
On Maintenance
50. All municipal works must be accepted ‘On Maintenance’ by Council in accordance with
Council’s relevant Planning Scheme Policy prior to the commencement of the use. To
achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
a. certification that all works have been undertaken and completed in accordance with the
requirements of this Permit;
b. as Constructed details in accordance with Council’s Planning Scheme Policy; and
c. maintenance and operational manuals for all proprietary or site specific devices.
Off Maintenance
51. Prior to requesting an Off Maintenance inspection, the developer must provide a written
request for the Off Maintenance inspection.
52. A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged
where:
a. a Council inspection reveals works do not comply with approval requirements; or
b. submitted certification falsely states works comply with approval requirements.
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5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
J001259 1 Fauna Management Plan 1 February 2024
Prepared by North Coast Environmental Services
- 1 Aboricultural Report Tree Management Plan 16 July 2024
Prepared by Consult Arborist
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
General Advisory Notes
1. Council has undertaken an audit check of the Operational Works drawings in relations to the
proposed works. A detailed check of the calculations and drawings has not been undertaken,
as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of
the engineering design. Council reserves the right to require further amendments and/or
additions at a later date should design errors become apparent.
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, Rehabilitation 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.
Prestart
7. Tree Protection Bond:
a. may be drawn upon by Council if:
i. the recommendations of the Arborist report are not implemented and,
ii. any trees identified for retention are damaged to the point where they cannot be
saved (as confirmed by the site Arborist and agreed in writing by Council).
b. will be returned upon receiving certification from the site Arborist that all requirements
nominated in the Arborist report referenced within this Decision Notice have been
completed.
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Retention of Existing Trees
8. 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
9. Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
well as optimum weed seed sterilisation.
Qualified Person
10. Qualified Person, for the purpose of:
a. 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 AS2303:2018 assessment and either:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture.
b. managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
c. preparing certification and managing declared plant pests, is considered to be:
i. a landscape architect with a minimum of 3 years current experience in the field
of pest plant management;
ii. a botanist or ecologist with a minimum of 3 years current experience in the field
of pest plant management; and
iii. an environmental consultant with a minimum of 3 years current experience in the
field of pest plant management.
Landscape Works
11. 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
b. certification is submitted to Council falsely stating that works comply with the approved
plans, documents and or conditions of the Decision Notice.
12. Landscape structures must:
a. be certified by an RPEQ; and
b. have gained separate building approval
Environmental Advisory Notes
13. The Environmental Protection Act 1994 states that a person must not carry out any activity
that causes, or is likely to cause, environmental harm unless the person takes all reasonable
and practicable measures to prevent or minimise the harm. Environmental harm includes
environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
construction and landscaping phases of this development are to adhere to their ‘general
environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
14. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
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15. 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).
16. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
a. Methods of stabilisation are:
• appropriate for slopes and slope lengths; and
• are consistent with best practice environmental management practices such as in
the Manual for Erosion and Sediment Control or the IECA Manual; and
b. Stormwater runoff from the site is not currently, and is not likely to result in visible
evidence of sedimentation or erosion, or lead to water contamination.
Performance Bond Agreement
17. 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.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Subject of the required Development
Operational Works Landscape
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
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Document Set ID: 23410526
Version: 6, Version Date: 14/01/2025
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