SUPERSEDED Decision Notice - Approved by Delegation of Authority OPW19 0266

Officer: 	Diogo Carrico
Direct Telephone: 	07 53296465
Our Reference:	OPW19/0266 : JElder
Your Reference:	18164
15 October 2020
Pensar
C/- Morgan Consulting Engineers Pty Ltd
1 Great George St
PADDINGTON  QLD  4064

[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 13 October 2020, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW19/0266
Street address:	215 David Low Way Peregian Beach Qld 4573
Real property description:	Lot 1 SP 286680
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works – Earthworks, Landscaping, Stormwater
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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
18164/C01	C	Bulk Earthworks Layout Plan Prepared by Morgan Consulting Engineers	22/11/2019
18164/C02	B	Bulk Earthworks Layout Plan – Sheet 1 Prepared by Morgan Consulting Engineers	17/09/2019
18164/C03	C	Bulk Earthworks Layout Plan – Sheet 2 Prepared by Morgan Consulting Engineers	22/11/2019
18164/C04	B	Bulk Earthworks Sections Prepared by Morgan Consulting Engineers	17/09/2019
18164/C10	F	Siteworks and Drainage Layout Plan Prepared by Morgan Consulting Engineers	12/03/2020
18164/C11	F	Siteworks and Drainage Plan – Sheet 1 Prepared by Morgan Consulting Engineers	12/03/2020
18164/C12	G	Siteworks and Drainage Plan – Sheet 2 Prepared by Morgan Consulting Engineers	12/03/2020
18164/C13	D	Siteworks and Drainage Details Prepared by Morgan Consulting Engineers	12/03/2020
18164/C14	D	Bio-Retention Basin Details Prepared by Morgan Consulting Engineers	12/03/2020
18164/C15	C	Detention Tank Details – Sheet 1 Prepared by Morgan Consulting Engineers	17/09/2019
18164/C16	C	Detention Tank Details – Sheet 2 Prepared by Morgan Consulting Engineers	17/09/2019
18164/C21	D	Stormwater Longitudinal Sections Prepared by Morgan Consulting Engineers	12/03/2020
18164/C24	A	Stormwater Drainage Manhole Details Prepared by Morgan Consulting Engineers	17/09/2019
18164/C50	C	Retaining Wall Plan – Sheet 1 Prepared by Morgan Consulting Engineers	17/09/2019
18164/C51	D	Retaining Wall Plan – Sheet 2 Prepared by Morgan Consulting Engineers	22/11/2019
18164/C52	B	Retaining Wall Details Prepared by Morgan Consulting Engineers	17/09/2019
WD-A-100	8	Site Plan – Ground Floor Detail Prepared by Red Door Architecture	April 2019
WD-B-100	8	Ground Floor Plan Prepared by Red Door Architecture	2019
1	F	Landscape Work Notes Prepared by Andrew Gold Landscape Architect	18/02/2020
2	F	Planting Schedule and Images Prepared by Andrew Gold Landscape Architect AS AMENDED BY COUNCIL	18/02/2020
3	F	Overall Landscape Plan Prepared by Andrew Gold Landscape Architect	18/02/2020
4	F	Proposed Fences Plan Prepared by Andrew Gold Landscape Architect	18/02/2020
11	F	Planting Plan 1 Prepared by Andrew Gold Landscape Architect	18/02/2020
12	F	Planting Plan 2 Prepared by Andrew Gold Landscape Architect	18/02/2020
13	F	Planting Plan 3 Prepared by Andrew Gold Landscape Architect	18/02/2020
14	F	Planting Plan 4 Prepared by Andrew Gold Landscape Architect	18/02/2020
15	F	Planting Plan 5 Prepared by Andrew Gold Landscape Architect	18/02/2020
16	F	Details Prepared by Andrew Gold Landscape Architect	18/02/2020
17	F	Details Prepared by Andrew Gold Landscape Architect	18/02/2020
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 13 October 2022, unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITIONS
Prior to any clearing of the 18 non-juvenile koala habitat trees within mapped Low Value Bushland habitat, as identified in the Fauna Management Plan, the significant residual impact of the clearing must be offset. To this end, a notice of election in accordance with Section 18 of the Queensland Environmental Offsets Act 2014 must be endorsed by Council.
The building works of the development are proposed to be staged (Stage 1 – Motel; Stage 2 – Dwellings units). Prior to commencing the use of the Motel and construction of Stage 2 buildings, a comprehensive and updated Traffic Management plan must be provided to council.
The TMP must be in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures, including but not limited to, the interface between construction related traffic (Stage 2 buildings) and motel related traffic (operational).
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.
A condition report including photographs of the frontage of the site must be completed and submitted to council prior to the prestart meeting.
A detailed condition report of the existing retaining wall (Peregian Beach Hotel – on the eastern boundary of the proposed development) must be provided to council prior to the prestart meeting. This report must include, but not be limited to: photographs; and a document, prepared by a RPEQ, outlining the findings of the wall’s visual assessment.
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 6245. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Landscape works;
Electrical reticulation works;
Erosion and sediment control works;
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 and traffic control measures 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;
Adequate parking arrangements for construction workers;
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.
identification of complaint management procedures including:
contact details for the on-site manager;
dispute resolution procedures.
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 must 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.
Environment
Lot 900SP286680 (western park area) must:
Be protected with a 1.8m high temporary safety fence.
Have the fence installed prior to the prestart meeting and maintained for the entire period of construction.
Have ‘Exclusion Zone’ (‘No Go’) signage fixed to the fence at 10m centres.
Have no construction material, equipment or personnel entering the park except to undertake approved civil works.
Be protected from any damage.
*(Refer to Advisory Note)
Vegetation in Rufous Lane must:
Be protected with a 1.8m high temporary safety fence.
Have the fence installed prior to the prestart meeting and maintained for the entire period of construction.
Have ‘Exclusion Zone’ (‘No Go’) signage fixed to the fence at 10m centres.
Have no construction material, equipment or personnel entering the park except to undertake approved civil works.
Be protected from any damage.
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 and Reconfiguration of Lot approval viz. MCU16/0153 & REC16/0041 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
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.
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). New or relocated signage must be installed using the VLok installation system. All new signage must be Class 1 retroreflective material in accordance with AS 1906.1, Retroreflective materials and devices for road traffic control purposes – Part 1: Retroreflective sheeting.
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.
Root barriers are required to be installed behind the back of kerb for all new kerbs within 5m of a trunk of a tree.
Pavement Design and Construction
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.
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 footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065;
Provision must be made for disabled access at all kerb crossings associated with pathways, in accordance with Council's current standards;
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;
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;
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 generally in accordance with council’s Standard Drawings RS-049 and RS-050 and respective addendums.
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;
Where there is an existing pedestrian path, a matching crossfall must be provided for the driveway on the alignment of the path, for the full width of the path;
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 must be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and uniformity of fill must be provided by a RPEQ and submitted to Council prior to Council signing the Plan of Survey.
All earthworks must be undertaken in accordance with the recommendations of report 20014-001-Rev0, titled “Acid Sulfate Soil & Groundwater Management Plan”, prepared by Tectonic Geotechnical & Environmental Engineers and dated 17 February 2020.
Fall protection must be provided to retaining walls that are over 1m high.
Slope and batters are a maximum grade of:
1 in 6 where in proximity to waterbodies;
1 in 4 for grassed areas;
1 in 3 for planted areas;
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.
Stormwater Harvesting
Operating stormwater harvesting tanks must be provided for the development.  The tanks must be provided in accordance with an approval for Building Works and must include in particular:
a total tank capacity of 3kL per residential unit and 200kL for the hotel;
provision of a pump and irrigation system for each tank to enable stormwater reuse for irrigation purposes of landscape areas.
Bioretention Basins – Construction
The 150mm diameter collector pipe and riser sections of the sub-soil drains of the bioretention device are to be provided as solid-walled pipes and not slotted
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.
A construction hold point with a council delegate shall be established once the bioretention device underdrainage pipe work is installed. At the time of inspection, a sample of the drainage layer, transition layer, and filtration media materials must be stockpiled on-site.  Laboratory results must be provided for the filter media which demonstrate that the media complies with the specifications contained in the latest version of the “Guidelines for Soil Filter Media in Bioretention Systems” (produced by the Facility for Advancing Water Biofiltration) and that the minimum hydraulic conductivity specified on the approved engineering plans will be achieved. In addition laboratory results must be provided demonstrating that the transition layer and drainage layer meet the following bridging criteria:
D15 (drainage layer) ≤ 5 × D85 (transition layer);
D15 (transition layer) ≤ 5 × D85 (filter media).
The drainage layer, transition layer, and filtration media materials shall not be installed until the catchment draining to the bioretention device has 70% groundcover as determined by Council’s delegate.
Bioretention Basins – Maintenance
The bioretention device must be maintained in accordance with the document titled ‘Bio-Retention Operational Management and Maintenance Guideline’ provided as Appendix E of the ‘Site Based Stormwater Management Plan’ prepared by Morgan Consulting Engineers dated 12th March 2020. 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 the document titled ‘Bio-Retention Operational Management and Maintenance Guideline’ provided as Appendix E of the ‘Site Based Stormwater Management Plan’ prepared by Morgan Consulting Engineers dated 12th March 2020 and must include the full cost of maintaining the system in accordance with this document. The cost of maintaining the system must be included in the proposed levies for each unit owner.
Environment
Prescribed Water Contaminants (as defined in Schedule 9 of Environmental Protection Regulation 2008) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination. These measures must be designed, implemented and maintained in accordance with “Best Practice Erosion and Sediment Control” published by the International Erosion Control Association (Australasian Chapter) (IECA, 2008), to the extent that such measures and practices are also consistent with the following:
Minimise Erosion
For areas of the site which drain to a sediment basin, implement drainage and erosion control measures prior to rainfall which prevent or minimise rill erosion and gully erosion;
For areas of the site which do not drain to a sediment basin, implement drainage and erosion control measures prior to rainfall (including contingency measures) which prevent or minimise erosion, including rain drop erosion, chemical erosion, rill erosion and gully erosion;
Prior to the sealing of the plan of survey for the development, 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.
Manage concentrated stormwater flows
Prior to each rainfall event ensure concentrated stormwater flow paths are provided with capacity in accordance with IECA (2008) Table 4.3.1 and are structurally stable in all rainfall events for the following sources:
From stormwater catchments upslope of the area of disturbance which are either stable or external to the site, ensure stormwater is diverted or managed either:
around the site or through the site without causing erosion and without contaminating the flow; or
if it is impractical to convey the flows around or through the site, convey the flows into appropriately sized sediment basins without causing erosion
From all disturbed areas of the site to sediment basin(s) without causing erosion
Minimise sediment released from the site
Install and maintain sediment basins for each disturbed catchment area of the site  and including undisturbed catchments which cannot be diverted, such that:
Each basin is sized and operated in accordance with either a Type-A or Type-B sediment basin as documented in IECA (2008) Appendix B (June 2018).
Each basin is to be provided with an automated system of flocculant dosing and a suitable supply of flocculant/coagulant, with the type of flocculant/coagulant determined based on Chemical Coagulants and Flocculants Fact Sheet (IECA, 2018).
Markers are provided within each basin indicating the maximum sediment storage level and any additional water storage capacity for water reuse.
During discharge from the primary outlet system, the concentration of total suspended solids (“TSS”) discharged does not exceed 50mg/L and that pH is within the range of 6.5-8.5 unless entering a naturally acidic environment.
Install and maintain additional sediment control measures within the site, as necessary to maximise sediment capture.
Minimise the tracking of dirt from the site onto roadways. Ensure that all dirt on roadways caused by vehicles leaving the site is removed without causing water contamination, prior to rainfall and at least at the end of each work day.
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.
Earthworks and the implementation of erosion and sediment controls are undertaken in ways which ensure flooding characteristics (including stormwater quantity characteristics) external to the development site are not worsened during construction for all events up to and including the 1% AEP (1 in 100 year ARI) event.
Drainage paths must be regularly inspected to ensure the sediment fences/measures are not being bypassed as a result of sediment build up.  Sediment laden runoff must be prevented from leaving the subject site and entering neighbouring properties and/or stormwater systems.
Soil exposure must be limited on the site to a distance of no more than 2m beyond the extent of earthworks shown on the approved plans except where the exposed soil is effectively stabilised without delay and prior to rainfall occurring.
A log book for the Erosion and Sediment Control measures and inspections must be maintained by the site manager and made readily available to Council when requested. The supervising engineer must verify and endorsed the E&SC measures upon their installation, and periodically check these measures and the log book during construction and the stabilisation stages. Any defects in erosion and sediment control devices, such as sediment fences, are to be inspected and documented. Upon Inspection, the contractor is to determine whether the device should be replaced or repaired. Documentation is to include how the damage was caused and what measures can be implemented to reduce the possibility of repeat occurrences. Any damage to either permanent or temporary water quality control structures or devices is to be immediately rectified at the contractor’s expense.
The effectiveness of the erosion and sediment control devices must be monitored. All ESC measures are to be inspected:
at least daily (when work is occurring on site) or weekly (when work is not occurring on site); or
within 24 hours of expected rain; or
within 18 hours of a rainfall event (i.e. an event of sufficient intensity and duration to mobilise sediment on site).
Fauna Management
A qualified person* must be engaged to manage fauna prior and during clearing to:
Ensure works are carried out in accordance with the approved Fauna Management Plan and the Nature Conservation Act 1992.
Undertake pre-clearing inspections including fauna relocation and removal or blocking of all vacant hollows.
Ensure clearing works avoids nesting times of animals and birds.
Provide a written report to Council with the request for the prestart meeting of all pre-clearing activities and initiatives.
Co-ordinate staging and sequence of clearing with fauna protection.
Protect and recover fauna during clearing operations (fauna not previously removed).
Manage the translocation of animals and recovery procedures in accordance with relevant legislation.
Undertake protection works for mulching of any stockpiled vegetation.
Provide certification to Council prior to the issue of building approval, the works were conducted in accordance with the approved Fauna Management Plan.
*(Refer to Advisory Note)
Removal of Existing Trees and Vegetation
Vegetation removal, felling and lopping must:
Retain old growth tree hollows and suitably relocate and distribute for nesting fauna.
Mulch all other wood and leaf material (without root balls, soil or debris and minimising weed seeds) for re-usable mulch.
Have mulch for re-use in landscape or rehabilitation stockpiled and aged for a minimum of three months.
Have mulch stockpiles no larger than 1000m3, 2.5m in height and with 10m separation between piles*.
Allow for existing endemic ground flora to be translocated to suitable landscaping and rehabilitation areas.
Conclude with the area being stabilised against erosion, landscaped, rehabilitated and revegetated.
*(Refer to Advisory Note)
Landscaping Works
Landscape works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice, prior to the commencement of use for each stage.
(* Refer to Advisory Note)
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.
Landscape works must:
Ensure compliance with the approved Landscape Plans, as amended by Council.
Ensure native trees of a minimum bag size of 100L are established to replace existing trees to be removed from the site, at the rate of 1 replacement tree for every tree removed that has a diameter greater than 200mm measured at 1.2 metres from ground surface level.
Ensure amenity or sales signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
Ensure works are in accordance with the approved bushfire report.
Any fencing has muted natural tones to blend with the natural environment.
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled.
Turfed areas must be must be free of pest, diseases and weeds and level with adjoining surfaces.
Ensure all biobasin batters are adequately stabilised and densely planted.
Bushfire Management
A qualified person* must be engaged for the duration of the works to ensure:
Works are carried out in accordance with the referenced Bushfire Management PlanA3-FINAL 280319 Report, where required by these conditions.
Bushfire Management PlanA3-FINAL 280319 must be certified and endorsed by Council as meeting the requirements of the higher order approval by a suitably qualified person*, prior to the issue of building approval.
Emergency Response Plan -Essence of Peregian Beach Hotel must be certified and endorsed by Council as meeting the requirements of the higher order approval by a suitably qualified person*, prior to the issue of building approval.
Emergency Response Plan -Essence of Peregian Beach Residential Units must be certified and endorsed by Council as meeting the requirements of the higher order approval by a suitably qualified person*, prior to the issue of building approval.
(* Refer to Advisory Note)
Environmental Management Plan
All works must be in accordance with the approved Environmental Management Plan.
Prior to issue of any building approval, certification from a qualified person* must be provided to Council certifying compliance with the approved Environmental Management Plan.
(* Refer to Advisory Note)
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.
FOLLOWING CONSTRUCTION / PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY
Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
Certification that the existing retaining wall (Peregian Beach Hotel – on the eastern boundary of the proposed development) has not been damaged nor structurally compromised by the development works, must be provided by the supervising engineer.
A final inspection and approval of the works and completed reinstatement works by Council’s Inspector is required. Please contact Council on 5329 6245 to arrange for the inspection.
Maintenance Bonds
The developer is responsible for the maintenance of all development works which are to become Council assets (includes civil infrastructure, landscaping, open space areas, park improvements) for a minimum period of 12 months or as otherwise advised by Council. This period will commence from Council’s formal acceptance of the development “on maintenance”.
The developer must submit a Maintenance Bond to Council to ensure the above works are maintained during this period. The maintenance bond must be:
5% of the agreed value of the development obligations; or
$1500, whichever is the greater amount.
referral agencies
Not applicable.
referenced documents
JOOO488	2	Fauna Management Plan prepared by North Coast Environmental Services	21/11/2019
JOOO488	2	Environmental Management Plan prepared by North Coast Environmental Services	21/11/2019
		Bushfire Management PlanA3-FINAL 280319	19/03/2019
		Emergency Response Plan -Essence of Peregian Beach Residential Units	Undated
		Emergency Response Plan -Essence of Peregian Beach Hotel	Undated
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
General Advisory Notes
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.
Development obligations refers to all conditions of approval relative to the development permit. This includes, but is not limited to, Civil Works, Park improvements, landscaping, provision of “As Constructed” information, test certificates, revegetation, sediment and erosion control.
Prestart and Inspections Request
Contact Council on 5329 6245 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.
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:
the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2 or other superseding document subsequently adopted by Council;
Best Practice Erosion and Sediment Control, International Erosion Control Association (2008).
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.
Landscaping
Qualified Person, for the purpose of:
Supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three years current experience in the field of landscape design.
Undertaking Fauna site works and calculating compensatory habitat is considered to be a Fauna Spotter Catcher with current certification under the Queensland Parks and Wildlife Service.
Supervising and for certifying compliance with the bushfire requirements of this Decision Notice, is considered to be an ecologist with a minimum of 3 years current experience in the field of bushfire assessment and management.
Supervising and for certifying compliance with the Environmental Management Plan requirements of this Decision Notice, is considered to be an ecologist with a minimum of 3 years current experience in the field of environmental management on construction sites.
Removal of Existing Trees and Vegetation
Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as well as optimum weed seed sterilisation.
Works
The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges Register where:
An inspection revealed that any constructed landscape works/bushfire measures/environmental management actions/fauna works do not comply with the conditions of the Decision Notice, Approved Plans and or Approved Documents
Certification is submitted to Council falsely stating that works comply with the approved plans, documents and or conditions of the Decision Notice.
property notes
The following property notes will be placed against the subject property in Council’s property record system:
“This site is provided with stormwater quality treatment devices which capture and store pollutants from stormwater runoff generated on the site. These devices are required to be routinely checked and serviced/cleaned out as per Maintaining Vegetated Stormwater Assets, Version 1 (Water by Design, 2009). Records of maintenance activities undertaken are to be kept and made available to council officers upon request.”
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
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

Diogo Carrico
Development Engineer

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater

	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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ee) NOOSA COUNCIL