Delegated Report - Code - Planning RAL19 0014

Author	Development Planner, Lisa Pienaar and Consultant Planner
Development Assessment

APPLICATION DETAILS
Application No.	RAL19/0014
Applicant	Ellen C Leape
Proposal	Reconfiguring a Lot - 1 into 9 residential lots
Properly Made Date	20 May 2019
Information Request Date	21 June 2019 13 March 2020 2 September 2020 – Further advice letter 17 December 2020 – Further advice letter 13 July 2021 – Further advice letter 30 August 2021 – Further advice letter
Information Response Date	13 August 2020 5 July 2021, 17 August 2021 & 26 September 2021– response to further advices
Decision Due Date	27 October 2021
Report Completed Date	26 October 2021
Report checked by	Kerri Coyle – 27 October 2021

PROPERTY DETAILS
Property Address	30 Pottery St Pomona Qld 4568
RP Description	Lot 496 MCH 591
Land Area	20,230m²
Existing Use of Land	Detached House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Mary River Catchment
Zone	Detached Housing
Overlays	Biodiversity (Environmental Enhancement or Protect Area) Natural Hazard (Bushfire) - High and Medium Potential Bushfire Intensity and Potential Impact Buffer
Assessment Type	Code
PROPOSAL
The application seeks approval for a Reconfiguring a Lot – 1 into 9 residential lots.  The application was lodged under Noosa Plan 2006 and therefore is assessed under this Planning Scheme.
The proposal seeks to reconfigure the existing site into 9 residential lots, including a new local access road (cul-de-sac) and vegetation covenant over the rear portion of proposed Lot 8.
The proposed lot sizes are as follows:
Lots 1 to 6 - 1,000m2 per lot.  (Lot 4 lot size excludes 280m2 drainage reserve)
Lot 7 – 1,563m2
Lot 8 – 9077m2 (including 7,675m2 conservation covenant)
Lot 9 – 1612m2
All proposed lots are proposed to be connected to Unity Water’s water and sewerage reticulation network.
The locality and proposal plans are included below as Figures 1 and 2.

Figure 1 - Aerial locality plan

Figure 2 - Proposal Plan
site details
Background
The subject site was originally surveyed circa 1909. The site contains an existing detached house and associated structures.
The application was lodged in 2019 under Noosa Plan 2006.  The proposal has changed from that originally submitted, from 6 lots to 10 lots over 2 stages, and then later changed to 9 lots in one stage.  Over time a number of issues have been raised with regard to bushfire, vegetation protection, access and frontage works and the proposed bio basin.  The application timeframes have been extended by the applicant many times to enable these issues to be addressed.
Site Description
The site is generally flat at the location of the existing detached house and slopes down to the south, southeast and east at a gradient of approximately 10%. The site is largely vegetated, with the exception of the existing house site, for which 1 dwelling exists.
Surrounding Land Uses
The site is surrounded by residential uses in the Detached Housing and Rural Settlement Zones, depicting large rural residential allotments to the north, south and west and smaller urban residential size allotments are located to the east.
assessment
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;
The Noosa Plan 2006.
The following codes from the Noosa Plan are applicable to this development:
Mary River Catchment Locality Code
Reconfiguring a Lot Code
Landscaping Code
Engineering Works Codes
Biodiversity Overlay Code
Natural Hazards Overlay Code - Bushfire Hazard
The subject site is located in the Mary River Catchment Locality and is zoned Detached Housing. The proposal is required to follow a code assessable application process. Refer to Figure 3 for zoning of the site and surrounds.

Figure 3 - Noosa Plan 2006 zoning map
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:

Criteria	Planning Scheme	Proposal	Complies
Site Area Existing 20,215m²	1000m2 if connected to Unity Water’s sewerage reticulation	Lot 1 – 1,000m2 Lot 2 – 1,000m2 Lot 3 – 1,000m2 Lot 4 – 1,000m2 Lot 5 – 1,000m2 Lot 6 – 1,000m2 Lot 7 – 1,563m2 Lot 8 – 9,077m2 (including 7,675m2 conservation covenant) Lot 9 – 1,612m2	
Lot Sizes and Dimensions
Probable Solution S1.1 and Specific Outcome O1 of the Reconfiguring a Lot Code requires a minimum allotment area 1000m2 (where connected to water and sewer) for lots within the Detached Housing Zone of the Mary River Catchment locality.
The applicant proposes 9 lots that range between 1,000m2 to 9,077m2 in area and are generally regular in shape. The average lot size is 1000m², with the exception of proposed Lots 7 & 9 which are slightly larger and Lot 8 which contains the vegetation covenant.  The proposed lot shape and size comply with the requirements of Reconfiguring a Lot Code as they are appropriate for their intended use, is consistent with the developed character of its particular neighbourhood and is in close proximity to the Pomona Town Centre.
The proposed lots generally provide a transition between developed land to the west and future development opportunity to the south (available under the provisions of Noosa Plan 2020).
While proposed lots 6,8 and 9 are constrained by either an easement and/or asset protection zone for bushfire purposes where buildings are not permitted, the lots are of sufficient area to construct a dwelling house and associated structures.
In the summary the proposal meets the relevant provisions of the code for the following reasons:
Are suitable for the intended use, including appropriate area and dimensions to provide for a dwelling house and associated structures;
Are serviced by a road network that is designed and integrated with the natural topography of the land;
Result in a development that is consistent with the developed character of the neighbourhood; and
Afford good levels of convenience and accessibility to the Pomona Township.

Biodiversity (Environmental Enhancement Area)
The site is identified under the Biodiversity Overlay (Environmental Enhancement Area).
Probable Solution S2.1 and Specific Outcome O2 of the Biodiversity Overlay Code are relevant and provided below for reference:
Probable Solution S2.1
S2.1 Where clearing vegetation on the premises is for the purpose of Reconfiguring a Lot—
a) 	new boundaries to lots do not transect and fragment existing vegetation;
b) 	new lots are created to allow for suitable house site areas or other future buildings and works to be located within existing cleared areas or areas of low ecological value; and
c) 	building envelopes are designated for each lot.
Specific Outcome O2
O2 	For the purpose of Reconfiguring a Lot new lots are only created where they minimise the fragmentation and maximise the retention of existing vegetation.
While new boundaries transect existing vegetation, the new lots are located to the front of the site in an area of lower ecological value over the rear portion of the lot. A proposed 7,675m² vegetation protection covenant excludes all necessary clearing for bushfire purposes which results in vegetation protection for nearly 38% of the site to offset clearing required for 9 lots. This protection is in perpetuity.
The code seeks building envelopes, however, this is not practical in this instance with the 1,000m² lots which as a result of a dwelling construction, subdivision services, clearing for boundaries and asset protection results in difficulties in retaining vegetation within the lots. The critical lots 7, 8, and 9 are large lots with an assessment protection zone for bushfire and an access easement for firefighting purposes resulting in a building envelope by default. The easement and vegetation covenant are on title and provide more certainty than a building envelope which does not live on title.
A vegetation protection covenant is proposed to protect the high value vegetation and is wholly contained within proposed Lot 8.  Overall outcome O16 of the Code requires ecologically important areas to be restored and enhanced and appropriate conditions will be included in the approval.
Noting that in July 2016 Rhodamnia rubescens (scrub turpentine) was recorded by North Coast Environmental Services (NCES) in ecological survey work on the subject site.  At the time of the survey, this species was listed under the Nature Conservation Act 1992 as a least concern species which was commonly found in the Noosa hinterland. The species has since been listed as critically endangered due to the decimation of the species by the introduced pathogen myrtle rust.  As such council officers requested the applicant to determine if the species persists within the site and maybe potentially impacted by the development proposal.  The 2016 survey recorded the species within the understorey strata (juvenile).
The applicant undertook a targeted survey for R. rubescens on 31 May 2021 and did not observe the species on site. It was concluded that the 2016 survey recorded the species was observed in the understorey strata (juvenile) and given 5 years has elapsed since the initial survey, it is likely that the species has succumbed to the myrtle rust infection.
Given the extent of vegetation protected in perpetuity by the covenant and bush clearing is contained within the proposed lots, it is considered the proposal meets the provisions of the Biodiversity Overlay Code.
Koalas
The site is within a Koala Priority Area and contains Koala habitat. The application was submitted prior to the February 2020 when the new Koala regulation under the Planning Act 2016 was adopted and therefore is subject to the Planning Scheme assessment only.  A Koala survey report prepared by OWAD Environment was submitted as part of the documentation. The survey included the use of 2 professional Koala detection dogs. The report concluded that there is no evidence of Koalas residing onsite or have visited the site within at least the last 6 months and indicates:
The Atlas of Living Australia showed no Koala records within a 3km radius from the site. The
Queensland Government Wildlife Online database showed only six Koala records within a 3km
from the site since 1980, which is an extremely low incidence in a 40-year timeframe in an area that is inhabited by humans.

It is noted that the vegetation protection covenant will preserve any Koalas food tree within the site in perpetuity.
Bushfire
The site is identified under the Natural Hazard Overlay – Bushfire - (High and Medium Potential Bushfire Intensity and Potential Impact Buffer).
The applicant has provided a Bushfire Hazard Management Plan which addresses the bushfire hazard requirements under the overlay code. Council’s external bushfire consultant reviewed the applicants bushfire report and raised no concerns, recommending relevant conditions. A 17.9m wide asset protection zone (APZ) is proposed to the western boundary of lots 7 and 9 and traverses the larger lot 8 in line with the neighbouring lots APZ. An access easement is proposed along the southern boundary of lot 8 and another access easement within the APZ is provided for vehicle access for firefighting purposes to lots 7, 8 and 9 and acts as a firebreak trail.
The proposal has demonstrated compliance with the Natural Hazards Overlay Code for Bushfire when the recommended bushfire mitigation measures are implemented and will not compromise the safety of people or property from bushfire.
Stormwater
The applicants Stormwater Engineer has provided confirmation in an addendum to the original stormwater management plan stating that reducing pipe length for the overflow will be acceptable and can be addressed at detail design phase. A special condition ensuring the performance objectives for enhancement of Biodiversity overlay areas and natural channel design is included.
The proposed development includes a bioretention basin with < 800mm high retaining wall located along the street frontage. The design has been assessed by Council’s Environment officer and has determined that it meets the required water quality and bioretention basin design objectives and has recommended relevant conditions accordingly.
NOosa plan 2020
The zone under Noosa Plan 2020 has changed to rural residential as shown in Figure 4 below.

Figure 4 - Noosa Plan 2020 zoning map
The extent of the Biodiversity and Bushfire Overlay remains unchanged from Noosa Plan 2006. However, the Noosa Plan 2020 has rezoned the lot to Rural Residential which has a minimum lot size of 1.5ha. In this case the lot would not be able to be subdivided and therefore a potential loss in asset value could occur.
In other respects such as bushfire and stormwater management the same provisions apply as the Noosa Plan 2006.
cONSULTATION
Referrals
The application was forwarded to the following internal Council officers:
Engineering Co-ordinator, Development Assessment
Environment Officer, Development Assessment
Environment Officer, Environmental Services
External bushfire consultant
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
With regard to Application No RAL19/0014 for a Reconfiguring a Lot – 1 into 9 Residential lots situated at 30 Pottery St Pomona and described as Lot 496 MCH 591, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL19/0014
Street address:	30 Pottery St Pomona Qld 4568
Real property description:	Lot 496 MCH 591
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot – 1 lot into 9 lots
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision must be completed prior to submission of the subdivision plan to Council for plan sealing.
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
3365 prop	3f	Proposed Subdivision, prepared by Brian Naismith Development Consultant	20 September 2021
All lot numbering on the subdivision plan to be submitted to Council for plan sealing must remain as shown on the Approved Plans.
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with, and the plan of survey lodged with Council for endorsement by 27 October 2025, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational 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.

ENGINEERING
External Works
Pottery Street must be upgraded for the length of the subject sites frontage and include improvements to the intersection of Pottery Street and Red Street.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
the works (kerb and channel, drainage, footpaths and road widening) generally indicated on drawing number 19660-C1003, Revision B prepared by TOD Engineers and Project Managers dated 10 June 2021;
the drainage line to the south and including the outlet structures. The final alignment of the drainage line and the outlet structures are to be determined on site with Council’s Engineering officer;
the works must minimise the disturbance to the road reserve of Pottery Street and replace/repair any damage “like for like”, and
minimise the impacts on the existing property access and replace/repair any damage “like for like”.
This Condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
New Roads
The new road shown on the Approved Plans must be constructed in accordance with an Operational Works approval and the conditions of this Decision Notice. The road must be dedicated as road reserve, at no cost to Council.
The works (road, drainage and footpath) must be constructed in accordance with an Operational Works approval and be:
generally in accordance with drawing number 19660-C1003, Revision B prepared by TOD Engineers and Project Managers dated 10 June 2021 and drawing number 19660-C1004 Revision B prepared by TOD Engineers and Project Managers dated 10 June 2021 with the cul-de-sac relocated to be in accordance with the approved plan; and
be in accordance with The Noosa Plan 2020 – Planning Scheme Policy PSP 6 – Engineering Design Standards.
This Condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Road Name
The proposed name of the new road must be lodged with the application for a Development Permit for Operational Works. Names must be:
Relevant to Australian, preferably local, history, flora, fauna, culture, landscape or physical characteristics;
If used, personal names should commemorate persons who have contributed significantly to the development of the region; demonstrated outstanding levels of civic service; or achieved role-model status in the wider community or donated property or funds for community benefit; and be recognised in memoriam; and
Approval will not be given to a name that may be construed as advertising, is more than one word, understanding that a geographic relationship such as Cooroy Mountain is permissible; is insensitive to diverse cultures and does not accord with community standards; and is not concise, easy to pronounce and spell and be without accent marks, apostrophes or hyphens.
Approval will not be given to a name that is the same or similar to the name of another road in the Shire, or of a road in close proximity in a neighbouring Shire. Names that are not easily pronounced, or may cause confusion to emergency services are to be avoided.
All street signs on new roads (public and private) and parks shall be erected prior to works being accepted on maintenance.
Property Access and Driveways
Vehicle access to Lots 1 and 4 must be from the “New Road”. No vehicle access to Lots 1 and 4 is permitted from Pottery Street without obtaining prior written approval from Council. A property note will be added to Council’s rates records for Lots 1 and 4.
A residential driveway must be constructed to Lots 6, 7, 8 and 9. The works must be undertaken in accordance with an Operational Works approval.
Stormwater Drainage
Each new lot 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 be generally in accordance with drawing number 19660-C1003, Revision B prepared by TOD Engineers and Project Managers dated 10 June 2021. The works must include in particular:
the provision of inter-allotment drainage for Lots 5, 6, 8 and 9 and the provision of kerb adapters for all new lots that drain to the new road.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Services
Underground reticulated electricity and telecommunication services must be provided to each lot in accordance with an approval for Operational Works and the standards and requirements of the relevant service provider.
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 (Energex, NBN and Unity Water) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
A private easement for inter-lot drainage purposes must be created to encompass the stormwater drainage line draining Lots 4, 5, 6, 8 and 9 the proposed drainage reserve. The terms of the easement must benefit the upstream lots (the grantees) and place the maintenance responsibilities on the effected lot (the grantor). The easement must be a minimum 1.5 metre wide but of sufficient width to fully contain the structures.
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms. Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated batters must be undertaken in accordance with an Operational Works approval, and 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.
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.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the setback/s to any new boundaries for any existing buildings remaining on the site comply with the relevant provisions of the planning scheme and the Building Act 1975, unless varied by this Decision Notice.
all constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement.
all utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement.
all existing effluent disposal areas are wholly located within the lot they serve and comply with the boundary setback requirements of the Plumbing and Drainage Act 2002 and associated codes and requirements.
all dams (including ponded water, dam walls and associated spillway structures) are wholly located within the boundaries of a single lot.
all retaining walls and structures are fully contained within the lot they retain.
any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to each lot 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 each lot.
BUSHFIRE MANAGEMENT
The development must be carried out generally in accordance with Bushfire Hazard Assessment and Management Plan v2 prepared by North Coast Environmental Services dated June 2021, and the following:
No clearing for bushfire is permitted within the land covered by the ‘Conservation Covenant’ identified on approved plan no. 3365, Rev 3f, prepared by Brian Naismith and dated 20 September 2021.
An asset protection zone (APZ) with a minimum width of 17.2m must be provided within Lots 7, 8 and 9, located generally as indicated on the approved plan. The asset protection zone must be included as a bushfire covenant in accordance with the s97A of the Lands Title Act 1994 and prepared by the developer at no cost to council and approved prior to plan sealing.
All bushfire protection measures must be located within the APZ.
The APZ and the required access to the APZ must be covered by an easement in favour of Qld Fire and Emergency Service (QFES). The formation of the easement must be in accordance with that required by the QFES.
Lots 7, 8 and 9 must have separate easements which permits access to each lot’s AZP via the 6 metre wide access easement within Lot 8.
The following applies to Lots 7, 8 and 9:
The access easement from the new road must provide access to the APZ and the covenanted area within Lot 8.
A 6 metre wide fire trail must be co-located within the APZ and located where it provides un-impeded access for Emergency Services to the Covenanted area as well as, to the APZ bushfire covenants within Lots 7 and 9. The fire trail is also to be accessible from the 6 metre wide easement within Lot 8.
The fire trail and easement must be identified on a scaled plan and submitted to Council for approval as part of the Operational Works approval.
The developer is to construct the fire trail in accordance with the approved scaled plans and construct the fire trail and demonstrate compliance prior to plan sealing.
The APZ and Fire trail must be maintained within Lots 7, 8 and 9 in perpetuity.
A Vegetation Management Plan (VMP) must identify all trees within the APZ which are required to be removed for protection of any future structure within Lots 7, 8 and 9.
The VMP must be submitted to Council for approval as part of the Operational Works approvals.
A hammer head turn-around must be located at the northern and southern end of the Fire trail which must be fully located within the APZ and to be located, where no trees are required to be removed.
All fencing along the boundary between Lots 7 and 9 and the vegetation protection covenant must be constructed of fire resistant materials.
Hydrant standpipe must be located at the end of the Cul-de-sac and at the entrance to the 6 metre wide access easement.
No clearing of any part of the vegetation protection covenant area is permitted, including for boundaries, fence line or tracks without approval from Council.
Note – there is no exempt clearing of protected vegetation under Schedule 6, Part3, s20A of the Planning Regulation 2017 for all areas covered by a Registered covenant under the Lands Title Act 1994.
ecological
Land Rehabilitation
A vegetation protection covenant must be registered against the title of Lot 8 over the land area of a minimum 7,675m² generally identified as ‘Conservation Covenant’ on the approved plan, pursuant to Section 97A of the Land Title Act 1994. The covenant document and a survey plan must be submitted to Council for endorsement prior to lodgement with the relevant titles authority for registration of title. The covenant document must:
incorporate the requirements of this Decision Notice;
include Noosa Council as Covenantee;
reference Queensland Land Title Registry Standard Terms Document No. 715597513;
reference the Ecological Assessment Report (February 2017 v2 North Coast Environmental Services);
reference the Covenant Area Management Plan (or similar); and
reference the Bushland Rehabilitation Program.
If a provision included in the covenant document is requisitioned or refused registration by the relevant titles authority, a substitute provision must be included in the document which as nearly as practicable addresses the objective sought by the requisitioned or refused provision. The wording of the substitute provision must be agreed by Council.
A “no clearing zone” must be established and maintained over the land area defined as being excluded from access on the subject site. The following activities must not be carried out within the no clearing zone:
clearing, cutting down, poisoning, lopping or pruning of native vegetation which is indigenous to, or planted within, the zone;
soil/spoil dumping and/or compacting; and
soil excavation, other than for planting indigenous native plants or for works which are a natural consequence of this approval.
The following exceptions apply:
declared plants under the Biosecurity Act 2014, and any Council Listed Environmental Weeds, Undesirable species, Exotic Grasses and other plants identified in writing by Council;
indigenous native trees which pose a well-founded threat to persons or property as approved in writing by Council; and
controlled bushfire burns to maintain ecological processes subject to submission of a Bushfire Management Plan and agreed in writing by Council.
The vegetation protection covenant land area identified for rehabilitation within a Covenant Area Management Plan (or similar) and associated Bushland Rehabilitation Program prepared by a qualified person* as per the referenced Ecological Assessment Report (February 2017 v2 North Coast Environmental Services) must be provided and endorsed through an Operational Works approval and must include areas for rehabilitation and the removal of all weed species listed in the following standards and legislation:
declared plants under the Biosecurity Act 2014, and any Council Listed Environmental Weeds, Undesirable species, Exotic Grasses and other plants identified in writing by Council
The works must be undertaken in accordance with an Operational Works approval.
*(Refer to Advisory Note)
Works within Protected Land
The following works must be undertaken within the land to be covered by the vegetation protection covenant prior to the submission of the sealing of the survey plan:
Treatment and control of declared plants under the Biosecurity Act 2014 and all undesirable species as listed in Planning Scheme Policy 3 Landscaping Plants and Guidelines to prevent regrowth.
Plantings in accordance with a Bushland Rehabilitation Plan (or part thereof) prepared by a qualified person* as per the referenced Ecological Assessment Report (February 2017 v2) and endorsed through an Operational Works approval.
Removal of any structures, debris or materials foreign to a natural environment
The works must be undertaken in accordance with an Operational Works approval.
*(Refer to Advisory Note)
Fencing to Protected land
A permanent fence must be constructed around the entire perimeter of the conservation covenant area. The fence must be constructed in accordance with an Operational Works approval and must be to the following specification:
1.2 metres high;
3 strand plain wire (no barbed);
Bottom strand no less than 300mm off the ground;
Include a pedestrian access gate; and
Include A5 sized signage with the wording “Vegetation Protection Area – No domestic animals” every 15m, durable, weather resistant and visually complementary to the natural environment.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and The Noosa Plan and Planning Scheme Policy 3 Landscaping Plants and Guidelines for that specific area and must include in particular:
provision of 1 x 45 litre pot size street tree within the road reserve for every 5 metres of road frontage suitably located for sight lines; and
control of all weeds species listed in the following standards and legislation:
declared plants under the Land Protection (Biodiversity Act 2014 and sub-ordinate Regulation 2016).
Noosa Local Government Area Pest Management Plan 2015-2019.
Undesirable Species as listed in Planning Scheme Policy 3 Landscaping Plants and Guidelines.
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.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Fauna Management
Vegetation must only be removed or disturbed in accordance with a Fauna Management Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational Works approval. The Fauna management Plan must include the services of a spotter catcher.
*(Refer to Advisory Note)
STORMWATER MANAGEMENT
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge and must include in particular registration of drainage easements (where relevant) and the use of gravity stormwater drainage and not surcharge pits.
The works must be undertaken in accordance with an Operational Works approval, the Queensland Urban Drainage Manual, and the State Planning Policy Stormwater Design Objectives, and must be designed to provide:
the Stormwater Quality load based pollutant reduction targets works described in section 2.5 of the Stormwater Management Plan for 30 Pottery St by Aquaintel dated 28 July 2020;
the outlet pipe, proposed to direct flows from the bioretention basin to the creek, to daylight in a location outside of the area mapped as containing Matters of State Environmental Significance, and facilitates for natural channel design between the outlet and entrance to the creek;
maintenance of pre-development 1 year ARI flows;
the use of gravity stormwater drainage and not surcharge pits.
The Operational Works Application must demonstrate that the design for water quality treatment features are consistent with the technical design guideline published by Healthy Land and Water, Water by Design for the feature. (eg. For Bioretention Basins: Bioretention Technical Design Guidelines (October 2014) and must include in particular:
stormwater quality treatment devices of a size and location generally in accordance with those shown in 30 Pottery St by Aquaintel dated 28 July 2020:  with the exception of the following:
bioretention devices which:
are designed generally in accordance with IPWEQA Standard Drawing No. WSUD-001’
are provided with a free-draining outlet from the sub-soil drainage system’
swales which are designed in accordance with the Water Sensitive Urban Design Technical Design Guidelines for South East Queensland’
Permanent educational signage provided in must be erected to educate the residents of the development about the function of the bioretention device(s). The dimensions, standard, presentation and location of the educational signage materials and colour schemes must be consistent with Noosa’s Design Principals and in accordance with an Operational Works approval.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction.
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased.
proposed fencing to the site during the construction phase of the development.
provision for worker car parking.
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, and emergency services to advise of agreed construction times, impacts on traffic, services and other relevant issues
include a post out to the local residents 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.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill/dump sites, 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.
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.
For the purpose of preparing a Landscape Plan, a qualified person is considered to be a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
For the purpose of preparing a Rehabilitation and Fauna Plan, a qualified person is considered to be an ecologist with a minimum of 3 years current experience in the field of landscape design.
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.
property notes
The following property notes will be placed against the subject property in Council’s property record system:
RAL19/0014 - Property Access Driveway
The following notation applies to approved lots 1 and 4:
Private certifiers and prospective purchasers are advised that special access requirements apply to this parcel of land.  Contact Council’s Development Assessment Section.

RAL19/0014 – Vegetation Protection Covenant
The following notation applies to approved lot 8.

A Vegetation Protection Covenant applies to this property. No clearing of vegetation is to occur within the covenanted area, except where in accordance with the terms of the covenant.

RAL19/0014 – Bushfire Management Covenant

The following notation applies to approved lots 7, 8 and 9.

A bushfire covenant and bushfire management plan apply to this site. The site contains an asset protection zone where no building works or structures can be located. Contact Councils Development Assessment Section for details.

VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Road works, stormwater quality & drainage, access, frontage works, earthworks, landscaping, vegetation rehabilitation
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.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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