Decision Notice - Approved by Delegation of Authority MCU21 0117 · MCU21/0117

Officer: 	Wilhelm Koschade
Direct Telephone: 	07 53296540
Our Reference:	MCU21/0117 & OPW21/0199
Your Reference:	2291
10 November 2021
4CD Developments P/L
C/- RG Strategic Australia
PO Box 1818
NOOSA HEADS QLD  4567
[email protected]
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 8 November 2021, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU21/0117 & OPW21/0199
Street address:	5 Pearl St & 54 Elm St Cooroy Qld 4563
Real property description:	Lot 2 RP 64750 & Lot 2 RP 153798
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Multiple Dwelling
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
A.001	B	Site Plan, prepared by Zest Design	12/08/2021
A.003	B	Development Summary, prepared by Zest Design	12/08/2021
A.004	D	Site Sections, prepared by Zest Design	01/11/2021
PA.100	A	Level 1 Floor Plan, prepared by Zest Design	12/07/2021
PA.101	A	Site Plan, prepared by Zest Design	12/07/2021
PA.200	A	Elevations, prepared by Zest Design	12/07/2021
PA.201	A	Elevations, prepared by Zest Design	12/07/2021
PB.100	A	Level 1 Plan, prepared by Zest Design	12/07/2021
PB.101	A	Level 2 Plan, prepared by Zest Design	12/07/2021
PB.200	A	Elevations, prepared by Zest Design	12/07/2021
PB.201	A	Elevations, prepared by Zest Design	12/07/2021
PC.100	A	Level 1 Plan, prepared by Zest Design	12/07/2021
PC.101	A	Level 2 Plan, prepared by Zest Design	12/07/2021
PC.200	A	Elevations, prepared by Zest Design	12/07/2021
PC.201	A	Elevations, prepared by Zest Design	12/07/2021
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Currency Period
This development approval lapses if the use has not happened by 10 November 2027, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 8.0 metres above the finished ground level and the natural ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
not exceed a maximum height of 1.2m
be of open construction.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.

DEMOLITION
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council prior to the issue of a Development Permit for Building Works for demolition, to secure the demolition conditions of this approval. The cash bond or trading bank guarantee will be returned on performance of the demolition conditions of this approval less any costs incurred by Council in respect of enforcing performance of these demolition conditions. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Works
Demolition must be undertaken in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste management
A Waste Management Plan (demolition) must be submitted in accordance with Planning Scheme Policy PSP10 - Waste Management and approved by Council’s Waste Coordinator prior to issue of a development permit for Building Works for demolition, removal or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free.  Higher gate fees are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The areas for the storage and separation of waste shown on a site plan;
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and
Table – Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s and the like. If the site remains vacant for more than 30 days the lot/s must be turfed or landscaped in accordance with Planning Scheme Policy PSP 2 – Landscaping and to the satisfaction of Council so as to not cause nuisance to the surrounding area.
All waste materials must be removed from site.
Litter, erosion and sediment control
Litter, erosion and sediment control measures must be installed and maintained until soils are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage system (e.g. roadside gutter).
Asbestos
Removal of building materials containing asbestos must be undertaken by a licensed asbestos removalist.
Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011 requires a licensed asbestos removalist to give notice to Workplace Health and Safety Queensland (WHSQ) of licensed asbestos removal work at least five days before the work commences. Notification must be made using Form 65: Notification of licensed asbestos removal work, demolition work or emergency demolition.
All building materials containing asbestos products are wrapped and disposed of in accordance with the Public Health Regulation 2006 and the Environmental Protection Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses businesses that transport asbestos waste, and landfills that accept this waste.
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at demolition of a building, the existing sanitary drain upstream from the connection point for a service provider’s sewerage system must be sealed water tight. This work is deemed as notifiable Work and must be carried out by a suitably licenced plumber who must submit an As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building Construction Commission) within 10 days of completing the work.
LANDSCAPING
The development site must be landscaped. The works must be undertaken in accordance Noosa Plan PSP 2 – Landscaping and generally in accordance with the approved Landscaping Plans and in particular:
A dense 2m minimum landscaped setback to the full length of the site’s frontage to Pearl Street (excluding access).
A dense 2m minimum landscaped setback to the full length of the site’s frontage to Elm Street.
A dense 1m minimum landscaped setback to all side boundaries (excluding bin enclosure area for U5-U11).
Retention of all existing street trees.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
ENGINEERING
External Works
Pearl Street must be upgraded for the length of its frontage to the subject site.  The works must include in particular:
Construction of kerb and channelling and underground stormwater drainage to the development side only;
Widening and sealing of the existing road pavement between the edge of the existing road to the new lip of kerb for the width of the frontage;
Construction of a 2.0m wide pedestrian footpath in accordance with the conditions of this Decision Notice;
Filling in of the table drain for the length of the frontage and providing an underground stormwater line to accommodate flows from the upstream table drain;
Removal of the existing property access to 5 Pearl St and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage and proposed works, including the provision of topsoil and turf where the existing verge is grassed.
Site Access and Driveways
A sealed access driveway must be provided from Pearl Street to all parking and manoeuvring areas of the development. The works must include in particular:
A driveway crossover generally in accordance with Councils standard drawing RS-051 and approved plan 21011-C30 Rev D as prepared by Recor Consulting.
Car Parking
A minimum of 16 car parking spaces must be provided and marked on the site. The works must include in particular:
13 covered parking spaces within the total;
Three visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use; and
Dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must include in particular:
A 2.0 metre wide footpath within the road verge for the entire length of the site’s frontage on Pearl Street.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge and be in accordance with the Queensland Urban Drainage Manual (QUDM). The works must include in particular:
The works generally as shown on the Approved Plan No. 2101-C30 Issue D as prepared by Recor Consulting,
collection and discharge of stormwater to the trunk drainage network in Pearl Street
extension of the site stormwater system to accommodate stormwater from Lot 1 RP153798 external to the site, including registration of drainage easements over the site drainage system in favour of Lot 1 RP153798
cut off drains within the courtyards of Unit 1 and Unit 2 to intercept runoff from Lot 1 RP153798 and direct such flows to the stormwater pits located in these courtyards
the use of gravity stormwater drainage and not surcharge pits
A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with the Bioretention Technical Design Guidelines (Water by Design, 2012), and must include in particular stormwater quality treatment devices of a size and location generally in accordance with those shown in section 4.2 of the Stormwater Engineering Report prepared by RECOR dated 03/11/2021
All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The approved Operational Works drawings for the stormwater quality treatment system and detailed life cycle costing of the system must be attached as an addendum to this document. Records of all maintenance activities undertaken must be kept and made available to Council upon request.
Any proposed Community Management Statement required for the development must include Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) and must include the full cost of maintaining the system in accordance with Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The cost of maintaining the system must be included in the proposed levies for each unit owner.
A primary stormwater quality treatment system must be provided for the development for the effective removal of gross pollutants. All primary stormwater quality treatment devices must be routinely checked, serviced and cleaned in accordance with the manufacturer’s recommendations. Records of all maintenance activities undertaken must be kept and made available to Council upon request.
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Earthworks and Retaining Walls
All fill and associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
HYDRAULICS
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and the Queensland Urban Drainage Manual), and must include in particular:
The works shown on the Approved Plans
Collection and discharge of stormwater to the trunk drainage network in pearl street
Extension of the site stormwater system to accommodate stormwater from Lot 1 RP153798 external to the site, including registration of drainage easements over the site drainage system in favour of this lot
Cut off drains within the courtyards of Unit 1 and Unit 2 to intercept runoff from Lot 1 RP153798 and direct such flows to the stormwater pits located in these courtyards
The use of gravity stormwater drainage and not surcharge pits
A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with the Bioretention Technical Design Guidelines (Water by Design, 2012), and must include in particular stormwater quality treatment devices of a size and location generally in accordance with those shown in section 4.2 of the Stormwater Engineering Report prepared by RECOR dated 03/11/2021
All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The approved Operational Works drawings for the stormwater quality treatment system and detailed life cycle costing of the system must be attached as an addendum to this document. Records of all maintenance activities undertaken must be kept and made available to Council upon request.
Any proposed Community Management Statement required for the development must include Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) and must include the full cost of maintaining the system in accordance with Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The cost of maintaining the system must be included in the proposed levies for each unit owner.
A primary stormwater quality treatment system must be provided for the development for the effective removal of gross pollutants. All primary stormwater quality treatment devices must be routinely checked, serviced and cleaned in accordance with the manufacturer’s recommendations. Records of all maintenance activities undertaken must be kept and made available to Council upon request.

DEVELOPMENT PERMIT FOR OPERATIONAL WORKS
APPROVED PLANS
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
21011-C01	B	Cover Sheet and Locality Plan as prepared by Recor Consulting	03 November 2021
21011-C02	B	Existing Features Layout Plan as prepared by Recor Consulting	03 November 2021
21011-C20	B	Site Earthworks Plan as prepared by Recor Consulting	03 November 2021
21011-C30	D	Roadworks and Drainage Layout Plan as prepared by Recor Consulting	03 November 2021
21011-C31	B	Roadworks and Drainage Details as prepared by Recor Consulting	03 November 2021
21011-C35	A	Stormwater Drainage Long Sections 1 of 2 as prepared by Recor Consulting	03 November 2021
21011-C36	A	Stormwater Drainage Long Sections 2 of 2 as prepared by Recor Consulting	03 November 2021
21011-C40	C	Turning Path Analysis as prepared by Recor Consulting	03 November 2021
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 10 November 2023, unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITIONS
The section of stormwater line located in the roadway of Pearl Street must be located in such a way that structures can be easily incorporated into a future extension of the kerb and channel and any associated roadside gully units. This can be achieved by ensuring the alignment of the stormwater line either:
Includes gully pit chambers to facilitate a future connection of a roadside inlet chamber; or
Is offset sufficiently into the roadway to ensure the trunk line is clear of the future kerb and channel and any necessary branch lines.
These details are to be finalised and amended plans submitted to Council prior to the prestart meeting with Councils delegate.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
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.
Copies of the approved plans, duly signed by the consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer Construction prior to the “pre start” meeting.
A condition report of the drainage system must be completed for agreement at the prestart meeting. The condition report is to include a CCTV inspection of the existing stormwater pipe and must include at least 20m upstream and 50m downstream (or to the next pit) of the connection point of the proposed works.
A condition report including photographs of the frontage of the site as well as the verge area/s adjacent the length of the proposed stormwater line, capturing in particular any existing damage to infrastructure, must be completed and submitted to Council prior to the prestart meeting / prior to any works commencing.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
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, or their proxy, for the following aspects of the works:
Civil engineering works;
Landscape works;
Electrical reticulation works;
Erosion and sediment control works; and
Other relevant parties.
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage, traffic control measures and lane closures prior to construction;
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased;
Proposed fencing to the site during the construction phase of the development; and
No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures;
Works programme identifying key components of the works and their respective durations;
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;
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details;
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; and
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.
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.
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.
Bonds
A site control and/or compliance bond of $50,000 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.
The return of bonds must:
Meet the requirements of council’s relevant Planning Scheme Policy for performance and uncompleted works.
Be calculated using a schedule of works and relevant bond equation
Have approval of the bond calculations and amount from Council prior to lodgement
Be lodged with Council and accompanied by the Bond Administration Fee/s.
Be requested for release by writing to Council, when relevant approval requirements have been met.
DURING CONSTRUCTION
Engineering
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.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice;
The relevant conditions of the higher order Material Change of Use approval viz. MCU21/0117 to which this approval relates;
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines;
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.
Roadworks (External Roadworks & Road Widening Works)
All pavement widening or construction of new pavement must join neatly to the existing pavement so that there are no irregularities in line or level resulting at or adjacent to the join for the length of the construction. Where necessary the existing pavement must be brought to a satisfactory standard to allow for the above.
All street surfacing must consist of a minimum depth of 30mm of an approved hot mixed asphaltic concrete.
The installation and/or modification of any traffic signs, street signs, line marking and Raised Reflective Pavement Markings (RRPMs) must be in accordance with the Manual of Uniform Traffic Control Devices (MUTCD).
The developer must notify Council’s Traffic Engineer for any works involving the removal or modification of existing council traffic signs and/or parking bays prior to such works commencing.
Pavement Design and Construction
The pavement designs shown on the engineering drawings are not approved. To attain approval for the pavement design, the following details must be submitted to Council and certified by an RPEQ with the proposed pavement design:
The design CBR must be based on the four day soaked CBR value for the subgrade material;
The design subgrade CBR must be representative of each homogenous insitu section of finished subgrade. With respect to each section:
For four or less test results, the design CBR must be taken as the least estimated insitu CBR result;
For five or more test results, the design CBR must be taken as the 10th percentile of all estimated insitu CBR results.
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
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.
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.
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.
Works within Road Reserve/Reinstatement
Safe 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.
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.
The verge is to be modified such that the maximum crossfall for the verge is 5%, except in the location of a pathway where the maximum crossfall is to be 2.5%.
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.
Pathways
All pathways must be constructed in accordance with the following requirements:
All footpaths must comply with Council’s Standard Drawing SEQ R-065;
All paths must have a slip resistant surface;
Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth ride for cyclists; and
The required work includes any modifications to ensure the footpath finishes flush with all existing service covers and the like, or alternatively these services are raised or altered, so as not to create a pedestrian safety hazard.
Pathways must:
Terminate in a manner that ensures smooth transition to existing surfaces for public safety. Additional reshaping beyond the prolongation of the boundaries may be required to ensure a smooth transition from the footpath to the grassed verge area; and
Be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS1428 Design for access and mobility.
Site Access and Driveways
Driveway crossovers must be constructed in accordance with council’s Standard Drawings RS-051.
Any existing unnecessary or redundant property accesses must be removed, and the kerb, footpath and verge area reinstated to match the existing footpath and/or verge treatments. Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed or turf, and must be maintained by the developer until established.
The following must be complied with during the construction of the required crossover/driveway:
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete;
The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties;
Underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway;
A matching crossfall must be provided for the driveway on the alignment of the path, for the full width of the path; and
The property access must be located a minimum of 1m clear of existing power poles, streetlights or other signage. The developer is responsible for any necessary relocation of existing services to provide this clearance and must contact the relevant service authorities and comply with their requirements in relation to these works.
Earthworks and Retaining Walls
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 the standard.
Fall protection must be provided to retaining walls that are over 1m high.
Slope and batters are a maximum grade of:
1 in 4 for grassed areas;
1 in 3 for planted areas; and
1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
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).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
For the length of stormwater line being installed under the existing Pear St pavement, the trench reinstatement works must be generally in accordance with Councils standard drawing RS-170.
Bioretention Basins - Construction
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.
Where the bioretention filter media interfaces with stormwater pits and retaining walls non-woven geotextile shall be fixed to the pit / retaining wall and extend 300mm out into the filter media generally in accordance with IPWEAQ Standard Drawing No. DS-070 to prevent tunnelling of water along the interface.
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.
Erosion and Sediment Control
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.
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:
Been duly designed by an RPEQ or CPESC and constructed in accordance with "best practise" methods,
Been revised by an RPEQ or CPESC to address the issues raised by changes in the projected construction schedule and/or methods,
Been revised to address predicted rainfall events, and
Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be found inefficient.
The erosion and sediment control measures must be designed, installed and maintained in accordance with the supervising engineer instructions and the current best practice standards * (Refer to Advisory Note).
The developer must ensure non-essential exposure of soil is prevented by restricting the extent of disturbance and minimising the duration of soil exposure to adverse weather conditions and effectively turf, cover or stabilise any disturbed area without delay and prior to rainfall occurring.
The developer must ensure sediment does not leave the site or enter onto adjoining properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or machinery. It is essential to implement appropriate approved erosion and sediment control measures throughout the site during all phases of construction including vehicle shakedown pad/grid (or similar) at the access to the construction site. Where sediments or other contaminants are deposited on a road, they must be removed so as not to enter Council’s drainage system or waterways.
Prior to the completion of the development and commencement of use, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
Where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
Where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Landscaping
The development site must be landscaped. The works must be undertaken in accordance Noosa Plan PSP 2 – Landscaping and generally in accordance with the approved Landscaping Plans and in particular:
A dense 2m minimum landscaped setback to the full length of the site’s frontage to Pearl Street (excluding access).
A dense 2m minimum landscaped setback to the full length of the site’s frontage to Elm Street.
A dense 1m minimum landscaped setback to all side boundaries (excluding bin enclosure area for U5-U11).
Retention of all existing street trees.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
The finished level of all mulch in garden beds and landscaped medians is to be a minimum of 50mm below the level of the adjacent top of kerb. All landscaping is to be constructed in accordance with Council’s Planning Scheme Policy PSP2 Landscaping.
Suitable root barriers must be installed where proposed trees are adjacent to paths, pavement etc in accordance with Council’s Planning Scheme Policy PSP2 Landscaping.

Bioretention Basins
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.
Where the bioretention filter media interfaces with stormwater pits and retaining walls non-woven geotextile shall be fixed to the pit / retaining wall and extend 300mm out into the filter media generally in accordance with IPWEAQ Standard Drawing No. DS-070 to prevent tunnelling of water along the interface.
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.
FOLLOWING CONSTRUCTION / PRIOR TO THE COMMENCEMENT OF THE USE
Certification
Upon completion of the work and prior to the commencement of the use a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
As Constructed Plans and ADAC XML Files (Council)
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:
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;
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.
The “As-Constructed” drawings will require certification by a:
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;
Licensed Surveyor in regard to the cadastral and locational information, levels and applicable survey datum.
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.
The building envelope data must be submitted in both hardcopy and digital format (ADAC XML Digital File). ADAC - Asset Design As Constructed, is to be prepared in accordance with industry standards and recorded in “MGA - UTM56 / GDA94” projection.
On Maintenance
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to plan sealing. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
certification that all works have been undertaken and completed in accordance with the requirements of this Permit
as Constructed details in accordance with Council’s Planning Scheme Policy
maintenance and operational manuals for all proprietary or site specific devices
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection.
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
A Council inspection reveals works do not comply with approval requirements
Submitted certification falsely states works comply with approval requirements.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 9, Division 4, Subdivision 2, Table 4 – Development within 25m of state-controlled road corridor	The agency provided its response on 25 August 2021 (Reference No. 2107-23919 SRA). A copy of the response is attached

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Advertising Devices
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
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
Advertising Devices
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.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
ENGINEERING
General Advisory Notes
As this driveway is a private structure, the owner bears full responsibly for the standard of its construction, maintenance and any liabilities associated with its construction. It is recommended that professional advice be sought for the construction of the driveway to ensure that the driveway is constructed in accordance with standard drawings RS-051.
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.
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.
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
Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5 business days’ notice of preferred inspection time.
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.
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
Environmental Advisory Notes
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
Accepted best practice standards include International Erosion Control Association Australasia Best Practice Erosion and Sediment Control
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).
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the plan sealing inspection:
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 plan sealing, the method of short-term stabilisation has not achieved a level of stability that Council's Officers believe will have a high probability of achieving long term stability (i.e. until house construction has occurred on all lots), Council Officers may take the following matters into consideration in determining whether the site is capable of achieving medium to long-term stability:
evidence that the site has been effectively stabilised in the short term;
evidence that soil has been adequately ameliorated;
evidence that seed of annual and perennial grass species has been applied at an adequate rate; and
that grass seed has germinated at a density that is likely to achieve an effective grass cover.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
submissions
Not applicable.
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.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Wilhelm Koschade
Development Planner

Enc:	Appeal Rights
Referral Agency Response
Infrastructure Charge Notice
Approved Plans/Documents

cc.	SARA at DILGP
Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/
(for assistance, contact DILGP at 5352 9701 or email [email protected])

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 4

[Attachment: image3.png (image text)]
 

 

SARA reference: 2107-22019 SRA
(Council eference: — MCU2\/0117 OPW2110180

25 August 2021

Chief Executive Officer
‘Noosa Shire Council
POBox 141

Tewantin Qld 4565
‘[email protected]

Attention: Wilhelm Keschade

Dear Mr Koschade

SARA response—5 Pearl Street, Cooroy; 54 Elm Street,
Cooroy
(Real agency response given under secon 50 of te Flaming Act 2076)

‘The development application described below was confirmed as property referred by the State
‘Assessment and Referral Agency (SARA) on 8 August 2021

 

 

Response

‘Outcome: Referral agency response — with conditions.

Date of response: 25 August 2021

Conations: “The conditions in Attachment 1 must be attached to any

development approval

Avice: ‘Advice to the applicants in Attachment 2.

Reasons: “The reasons forthe referral agency response are in Attachment 3.

Development details

Description: Development permit Material change of use for a multiple
diweling (11 xunts)
Operational work for associated
operational works including landscaping,
dfiveways, drainage, and fencing.

‘SARA role: Reteral agency

‘South East Queensland (Nor) regional
oe

Hike Aer Buicng Level 3, 12 Fist
‘Averae Martyr
Page of POBox 1128, Maroochydore QLD 4555

 


[Attachment: image4.png (image text)]
‘SARA tigger

‘SARA reference:
Assessment Manager:
‘Street address:

Real property description:
‘Applicant name:
‘Applicant contact details:

Representations

‘210722018 SRA

‘Schedule 10, Part 9, Division 4, Subdivision 2, Table 4 (Pianning
Regulation 2017)

‘Development application for a material change of use within 25m of @
state-controlled road coridor

2107-23919 SRA

‘Noosa Shire Council

‘5 Pearl Street and 54 Elm Street, Cooroy

Lot 2 on RP1S3788, Lot 2 on RPS4750

4CD DEVELOPMENTS PTY LTD

CIRC Strategie
PO Box 181

Noosa Heads QLD 4568,
[email protected] au

 

“Bn applicant may make representations fo a concurrence agency, at any tme betore the application =
decided, about changing @ matter in the referral agency response (s.30 Development Assessment Rules)
Copies ofthe relevant provisions are in Attachment 4.

‘A copy of ths response has been sent tothe applicant for their information.

For further information please contact Danika Cowie, Principal Planning Officer, on (07) 5362 9776 or via
‘email SEQNorthSARA@dsdigp ald.gov.au who will be pleased to assist.

Ze,
a

‘Garth Nolan
‘Manager (Planning)

ce 4CD DEVELOPMENTS PTY LTD, sussll@rgstrategiocomau

 

‘Astachmant 3- Reasons for efaral agency response:
‘tachment 4 - Representations provisions
‘Atachment 5 - Approved plans and specfestions

‘State Aasessment an Refer Agnoy Page 208

 


[Attachment: image5.png (image text)]
Attachment 1—Referral agency conditions

‘210722018 SRA

 

‘Under section €6(1b)i) of the Planning Act 2076 the folowing conditions must ba tached to any development
‘approval eating to this application) (Copies of he plans and specications referenced below are found at

‘tachment §)

 

No,_| Conditions:

Condition timing

 

Material change of use for a multiple dwelling

 

relating to the folowing conditions:

10.8.424.1—The chief executive administering the Planning Act 2076 nominates the Director-General
‘of the Department of Transport and Main Roads to be the enforcement authority forthe development
‘to which this development approval relates for the administration and enforcement of any matter

 

1] (@) Camy out the development generally in accordance with the

prepared by David Moore dated 2.7.2021, report number
R21046/03569/ Rev.0/2.07 2. In particular —

‘on Figure 7 Location and Heights of Acoustic Barriers.

(0) The noise barrier must be designed in accordance with:
(the Deparment of Transport and Main Roads’ Road

Specifications MRS1S and MRTS15; and
(Standard Drawings Road Manual, Part 13.
North.Coast [email protected] or 5451 7055 within the
Department of Transport and Main Roads, confirming thatthe

and (b) ofthis condition.

Environmental Traffic and Rail Noise Level Impact Assessment,

(construct a 2 metre noise barrier inthe location shown

‘Traffic Noise Management Code of Practice, Chapter 5°

(©) RPEQ certification must be provided to North Coast Region via

development has been constructed in accordance with parts (a)

Prior tothe
commencement of use
‘and to be maintained at
all times.

 

72 | (@) Stormwater management ofthe development must ensure no
‘worsening or actionable nuisance to the state-controlled road,

(©) Any works on the land must not:

‘onto the state-controlled road;

(interfere with andior cause damage tothe existing
‘stomwater drainage on the state-controlled road;

(Gi) surcharge any existing culvert or drain on the state-
‘controlled road;

(iv) reduce the quality of stormwater discharge onto the
state-controlled road

(©) RPEQ certification with supporting documentation must be
provided to North Coast Region via
North.Coast [email protected] or 5451 7055 within the
Department of Transport and Main Roads, confirming thatthe

_with pars (a) and (b) ofthis conciton.

() create any new discharge points for stormwater runoff

development has been designed and constructed in accordance

@,
‘Atal times.

©)
Atall times.

©
Prior to the
commencement of use.

 

P4750 and Em Street must be permanently closed and
removed.

 

 

‘3. | (@) The existing vehicular property access located between Lot 2.0n

 

Prior tothe
commencement of use.

 

 

‘State Aasessment an Refer Agnoy

Page Sef

 


[Attachment: image6.png (image text)]
2107-22010 SRA

 

 

(0) The pavement edge and footpath between the pavement edge
{and the property boundary must be reinstated in accordance with
‘the Department of Transport and Main Roads' Road Planning
‘and Design Manual 2nd edition at no cost to the Department of
“Transport and Main Roads’

 

 

 

 

‘State Aasessment an Refer Agnoy Page sof


[Attachment: image7.png (image text)]
 

‘210722010 SRA

Attachment 2—Advice to the applicant

 

General advice

 

7. _] Terms and phrases used in this document are defined in the Planning Act 2076 its regulation or
the State Development Assessment Provisions (SDAP) v2.6. Ifa word remains undefined ithas

its ordinary meaning.

2. _ | Road works approval:

Under section 33 of the Transport infrastructure Act 1994, written approval is required from the
Department of Transport and Main Roads to carry out road works on a state-controlled road.
Please contact the Department of Transport and Main Roads’ on
North Coast [email protected] to make an application for cad works approval. This
‘approval must be obtained prior to commencing any works on the state-controlled road
reserve. The approval process may require the approval of engineering designs ofthe
proposed works, ceriied by a Registered Professional Engineer of Queensiand (RPEQ).
Pease contact the Department of Transport and Main Roads’ as soon as possible to ensure
that gaining approval does not delay construction.

 

 

 

 

 

‘State Aasessment an Refer Agnoy Page Sef


[Attachment: image8.png (image text)]
 

‘210722018 SRA

Attachment 3—Reasons for referral agency response
(Given under secon 257) ofthe Panning Act 2076)

‘The reasons for SARA's decision are:
‘+ The application is for a material change of use for a multiple dwelling (1x units).
‘+ The development site is located within 25m ofa state-controlled road (Eim Street) and within 100m of,
a state-controled road intersection (Eim Street / Peart Street intersection).
“The proposed access forthe development wil be via Peari Street which isa local road.
“The proposed development complies with State code 1: Development in a state-controlled road
environment, of the State Development Assessment Provisions, version 2.6, subject to conditions:
(© to minimise noise intrusions on a development from a state-controlled transport corridor.
(© to ensure thatthe impacts of stormwater events associated with development are minimised
‘and managed to avoid creating any adverse impacts onthe state-transport corridor.
(© to maintain the safety and efficiency ofthe state-controlled road by reducing the number of
road access.

‘Material used in the assessment of the application:
“The development application material and submitted plans
Planning Act 2016
Planning Regulation 2017
“The State Development Assessment Provisions (version 2.6), as published by the department
“The Development Assessment Rules
‘SARA DA Mapping system
Human Rights Act 2019

‘State Aasessment an Refer Agnoy Page Bcf


[Attachment: image9.png (image text)]
ee) NOOSA COUNCIL