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Delegated Report - Code - Planning MCU22 0087 [As Published]
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DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Development Planner, Tara Norley
Development Assessment
APPLICATION DETAILS
Application No. MCU22/0087 & OPW22/0140
Applicant Bottlebrush Property P/L TTE
Proposal • Material Change of Use - Multiple dwelling (3 Units)
• Operational Works (Drainage Work, Landscaping,
Stormwater & Earthworks)
Properly Made Date 20 May 2022
Information Request Date 17 June 2022
Information Response Date 2 December 2022
Decision Due Date 21 July 2023
Report Reviewed & Patrick Murphy
Finalised By
27 July 2023
PROPERTY DETAILS
Property Address 37 Bottlebrush Ave, Noosa Heads
RP Description Lot 133 RP 88934
Land Area 491m²
Existing Use of Land Dwelling house
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone High Density Residential
Precinct Not Applicable
Local Plan Area Noosa Heads
Overlays Landslide Hazard
• Moderate Hazard Area
Assessment Type Code
Document Set ID: 22374890
Version: 10, Version Date: 06/08/2023
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DEVELOPMENT ASSESSMENT DELEGATED REPORT
1. PROPOSAL
The application seeks approval for a Material Change of Use - Multiple dwelling (3 Units) and
Operational Works (Drainage Work, Landscaping, Stormwater & Earthworks).
The proposal includes three dwellings, Houses 1 & 2 being two bedroom, two storey dwellings and
House 3 being a three bedroom, three storey dwelling. The development includes a six car
basement carpark access from the Bottlebrush Avenue frontage, whilst each dwelling house has
a private roof terrace accessible from the upper level of each unit. Each dwelling is provided with
additional private open space areas at ground level and via balconies, with House 3 also having a
private pool and pedestrian access from the Berrima Row frontage.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan
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Figure 3 – Floor Plans (Basement, Ground, First, Second, Roof)
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Figure 4 – Elevations (south, east, north, west)
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Figure 4 – Renders
2. SITE DETAILS
2.1. Site Description
The subject site is a 491m2 corner lot that slopes steeply from the road frontage to the rear of the
block. The site currently contains a dwelling house that will be removed to enable construction of
the proposed development.
2.2. Surrounding Land Uses
The subject site is surrounded by a mix of dwelling houses, dual occupancies and multiple
dwellings. The site is adjacent to Council’s Bottlebrush Avenue Carpark, in proximity to Noosa
Junction.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017; and
• Noosa Plan 2020.
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• High Density Residential Zone Code;
• Noosa Heads Local Plan Code;
• Dual Occupancy and Multiple Dwelling Code;
• Works Codes;
• Landslide Hazard Overlay Code
The subject site is located in Noosa Heads and is zoned High Density Residential. The proposed
use is identified as a consistent use within the zone and is required to follow a code assessable
application process.
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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
Building height
• storeys 3 storeys max 3 storeys and basement
• metres 12 metres 8.6 metres
Site cover 40% max 40%
Plot ratio 0.65:1 max (319.45m2) 0.644:1 (316.4m2)
Boundary setbacks
Units 1 & 2
Basement
• Frontage (Bottlebrush) 6.0 metres min 4.6 metres X
• Frontage (Berrima) 6.0 metres min NA
• Side (north west) 1.5 metres min 1.2 metres X
• Rear (north east) 1.5 metres min 0.8 metres X
Ground Floor
• Frontage (Bottlebrush) 6.0 metres min 4.6 metres X
• Frontage (Berrima) 6.0 metres min NA
• Side (north west) 1.5 metres min 1.2 metres X
• Rear (north east) 1.5 metres min 1.7 metres
First Floor
• Frontage (Bottlebrush) 6.0 metres min 4.6 metres X
• Frontage (Berrima) 6.0 metres min NA
• Side (north west) 1.5 metres min 1.50 metres
• Rear (north east) 1.5 metres min 1.70 metres
Second Floor (roof
terrace)
10.0 metres min 8.8 metres X
• Frontage (Bottlebrush) 10.0 metres min NA
• Frontage (Berrima) 2.0 metres min 1.5 metres X
• Side (north west) 2.0 metres min 1.7 metres X
• Rear (north east)
Unit 3
Lower Level (Basement
Level on plans)
• Frontage (Bottlebrush) 6.0 metres min 5.1 metres
X
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• Frontage (Berrima) 6.0 metres min 3.3 – 5.6 metres X
• Side (north west) 1.5 metres min NA
• Rear (north east) 1.5 metres min 0.8 metres X
Ground Floor
• Frontage (Bottlebrush) 6.0 metres min 5.1 metres X
• Frontage (Berrima) 6.0 metres min 4.9 - 5.5 metres X
• Side (north west) 1.5 metres min NA
• Rear (north east) 1.5 metres min 1.7 metres
First Floor
• Frontage (Bottlebrush) 10.0 metres min 5.1 - 6 metres X
• Frontage (Berrima) 10.0 metres min 5.50 metres X
• Side (north west) 2.0 metres min NA
• Rear (north east) 2.0 metres min 1.7 metres X
Second Floor (roof
terrace)
10.0 metres min 9 metres X
• Frontage (Bottlebrush) 10.0 metres min 6.3 metres X
• Frontage (Berrima) 2.0 metres min NA
• Side (north west) 2.0 metres min 2.5 metres
• Rear (north east)
Length of wall 15 metres max 10 metres
Landscaped open space 196.4m² min (40% of site) To be conditioned
Soft landscaping 117.8m2 min (60% of total)
Landscaping Setbacks
• Bottlebrush Ave 6 metres (building) 4.5 metres (building) X
• Berrima Row 6 metres (building) 5.5 metres (building) X
2 metres (swimming pool) 1.5metres (swimming pool) X
Private Open Space 20m² min each >20m2 each
Carparking 6 covered min 6 covered
1 visitor min 1 visitor
Setbacks
The subject site is a corner lot, and as such has two front boundaries. The planning scheme does
not include specific reference to corner lots in the High Density Residential Zone Code in relation
to setback requirements, however for the purposes of this development, it is considered
appropriate that the Bottlebrush Ave frontage be considered the ‘primary’ road frontage (as access
will be gained from Bottlebrush Ave), and Berrima Row the secondary frontage. In addition, it is
considered appropriate that the ‘rear’ (north eastern) boundary be treated as a side boundary, as
it adjoins the side boundary of the adjoining lot to the north (7 Berrima Row).
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Front Setback
Acceptable Outcome AO9.1 of the High Density Residential Zone Code requires buildings and
structures to be setback a minimum of 6m to the first two storeys and 10m to the third storey. The
proposal plans include 3 dwellings, two of which (House 1 and House 2) are considered 2 storeys
in height (due to the basement on the ground floor), whilst House 3 is considered 3 storeys in
height.
Houses 1 & 2
Houses 1 and 2 have frontage to Bottlebrush Ave only, and include the following setbacks:
• 4.6m to the Basement, Ground and First Floor levels (basement, first and second
storeys) (in lieu of 6m); and
• 8.8m (in lieu of 10m) to the roof terrace.
As such, the proposal does not comply with AO9.1 of the High Density Residential Zone Code.
The proposal is therefore required to comply with corresponding Performance Outcome PO9 of
the High Density Residential Zone Code, which states:
Buildings and structures are designed and sited to:
(a) provide a high level of amenity to users of the subject site and adjoining premises,
including provision of visual and acoustic privacy;
(b) not unreasonably obstruct views or cause overlooking of private open space or
habitable areas of adjoining premises;
(c) provide adequate distance from adjoining land uses;
(d) preserve existing vegetation that will help buffer development;
(e) allow for space and landscaping to be provided between buildings including adequate
area at ground level for landscaping with trees, shrubs, outdoor living and utilities;
(f) be consistent with the predominant character of the surrounding area; and
(g) protect the natural character and avoid adverse impacts on ecologically important
areas such as national parks, waterways and wetlands.
• The reduced setback on the Basement level relates to the front wall of the basement and the
opening. Conditions are included in the recommendation requiring landscaping to be provided
along the basement frontage, where possible.
• The reduced setback on the Ground level (first storey) relates to portions of both dwellings and
the balconies on both dwellings.
• The reduced setback on the First level (second storey) relates to portions of both dwellings
(including planter boxes) and the balconies on both dwellings.
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Figures 5 - 8: Portions of Houses 1 & 2 within nominated frontage setbacks
(Basement, Ground, First and Roof Terrace)
The reduced setbacks to the Basement, Ground and First Floor levels, although not consistent with
the existing and potential future character of Bottlebrush Ave, will allow for one small dwelling and
2 dwellings (max109m2) to establish on the site. The reduced setback allows for the dwellings to
provide a high level of amenity to users of the subject site, whilst the reduced setback will not result
on impacts on visual and acoustic privacy due to the alignment of Bottlebrush Ave and location of
the dwellings. The reduced setback will still allow for landscaping to be provided along the frontage,
with additional landscaping also required to be provided within the Bottlebrush Ave road reserve
to assist in softening the development.
It is acknowledged that the subject site, being a 491m2 and 17m deep corner lot, and rising steeply
from the Bottlebrush Ave frontage presents a very challenging high density residential zoned lot.
As such, it is considered that in order to establish higher density on the lot, as envisioned by Noosa
Plan 2020, a reduction to the Bottlebrush Ave front boundary setback is acceptable and complies
with the purpose and overall outcomes of the High Density Residential Zone Code, as the proposal
provides:
• for high density multiple dwellings;
• three dwellings for permanent residents;
• a positive contribution to the streetscape by providing a well designed building and
landscaping; and
• provides for smaller sized multiple dwellings to mee the needs of different households.
It must be noted that the proposed extent of boundary relaxation would generally not be supported,
however due to the uniqueness of the subject site (ie corner lot, small lot size and topography),
intent of the zoning and the proposed design of the development, the proposal is supported in
these circumstances.
House 3
House 3 has frontage to both Bottlebrush Ave and Berrima Row, and includes the following
setbacks:
Bottlebrush Ave
• 5.1m to the ‘Basement’ and Ground Floor levels (first and second storeys) (in lieu of 6m);
and
• 5.1m to the First Floor (third storey) and 9m to the roof terrace (in lieu of 10m).
Berrima Row
• 3.3m – 5.6 to the ‘Basement’ (first storey) (in lieu of 6m); and
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• 5.1m – 6m to the First Floor (third storey) and 6.3m to the roof terrace (in lieu of 10m)
As such, the proposal does not comply with AO9.1 of the High Density Residential Zone Code.
The proposal is therefore required to comply with corresponding Performance Outcome PO9 of
the High Density Residential Zone Code (refer above for PO9 requirements).
Bottlebrush Ave
In addition to the above assessment for Houses 1 and 2 regarding the setback along Bottlebrush
Ave, it is noted that House 3 constitutes a three storey development (whilst Houses 1 & 2 are two
storeys) due to the ‘Basement’ level on the plans including the first storey of the dwelling (ie not
backfilled around the frontage of the building). As such, the ‘First Floor’ (third storey) is required to
be setback a minimum of 10m from the frontage. As outlined above, the size, shape and
topography of the site severely constraints the lot from being developed for high density uses, and
as such it is considered relaxations to setbacks are warranted to achieve a higher density use on
the site, as per the intent of the planning scheme.
Figures 9 - 12: Portions of House 3 within nominated Bottlebrush Ave frontage setbacks
(Basement, Ground, First and Roof Terrace)
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It is noted that the third storey of House 3 is at the same height/level of the second storey of Houses
1 & 2, and as such the setback proposed to the ‘First Floor’ of House 3 is generally consistent with
and/or slightly greater than the setbacks to the ‘First Floor’ of Houses 1 & 2. The proposal includes
a 5.1m setback to the balcony and 6m setback to the wall of the building to House 3. As outlined
above, the proposal complies with the purpose and overall outcomes of the High Density
Residential Zone Code, as the proposal provides:
• for high density multiple dwellings;
• three dwellings for permanent residents;
• a positive contribution to the streetscape by providing a well designed building and
landscaping; and
• provides for smaller sized multiple dwellings to mee the needs of different households.
It must be noted that the proposed extent of boundary relaxation would generally not be supported,
however due to the uniqueness of the subject site (ie corner lot, small lot size and topography),
intent of the zoning and the proposed design of the development, the proposal is supported in
these circumstances.
Berrima Row
The Berrima Row frontage (north eastern elevation) is backfilled around the Basement level (first
storey), and as such the dwelling presents as two storeys (and a roof terrace) to Berrima Row. The
portion of the Basement level within the setback relates to a backfilled section of the basement
carpark and House 3 (not the exposed area of House 3) and as such will not be viewable from the
road frontage. The basement setback allows sufficient area at ground level to allow for landscaping
to be provided along the Berrima Row frontage to provide softening to the development, with
specific species included in the recommendation to be provided at 4 metres centres within the Unit
3 landscape frontage garden for the full length of Bottlebrush Ave and Berrima Row frontage.
The Ground Floor level is setback 4.9m to the kitchen area and 5.5m to the rest of the façade. The
Ground Floor presents as the first storey to the Berrima Row frontage, and as such has a 0.5m –
1.1m encroachment. This setback is greater than the setback of the adjoining dwelling to the north,
which is setback a minimum of 4.5m from the Berrima Row frontage, as discussed below.
It is acknowledged that the First Floor (as technically the third storey, however presenting as the
second storey) requires a 10m setback under the current planning scheme, given no provision for
corner lots has been provided for in the High Density Residential Zone Code. However, it is also
noted that the First Floor presents as the second storey to the Berrima Row frontage, due to the
backfilling around the Basement level on this frontage (refer to Figure 17). As such, the 5.5m
setback is a minor encroachment on the 6m setback required for second storeys in the scheme. It
is also noted that the adjoining dwelling house to the north is setback 4.5m from the Berrima Row
frontage for both storeys. The topography of Berrima Row results in the third storey of the proposal
being located at a lower height than the upper level of the adjoining property. As such, the reduced
setback will be consistent with the setbacks of the dwelling house to the north. These proposed
setbacks to Berrima Row are therefore considered to comply with PO9 of the High Density
Residential Zone Code.
The House 3 roof terrace however does raise concerns given the proximity of the terrace to the
Berrima Row frontage, being setback a minimum of 6.3m from the frontage. The proposed setback
is substantially under the 10m required under the zone code, and it is considered that the roofed
terrace adds additional bulk within the Berrima Row front setback. The reduced setback may also
impede view lines from the northern adjoining property to the south. As such, the roof terrace on
House 3 is not supported. The proposal plans will be annotated to note that the House 3 roof
terrace is not approved.
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Figures 13 - 16: Portions of House 3 within nominated Berrima Row frontage setbacks
(Basement, Ground, First and Roof Terrace)
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Figure 17: Berrima Row elevation
North-West Side Setback
Acceptable Outcome AO9.1 of the High Density Residential Zone Code requires buildings and
structures to meet the following side boundary setbacks:
a. 1.5 metre setback up to 4.5 metres height;
b. 2 metres setback between 4.5 metres and 7.5 metres height; and
c. 2.5 metres if above 7.5 metres height.
The proposal includes the following setbacks:
• 1.2m to the Basement and Ground Floor levels (in lieu of 1.5m); and
• 1.5m (in lieu of 2m) to the First Floor level, portions of which are over 4.5m.
The portions of the Basement and Ground floor levels within the setback relate to the stairs only,
whilst the portion of the First Floor within the setback relates to the lift and powder room (refer to
Figures 18 – 20).
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Figures 18 - 20: Portions of the dwellings within nominated north-western boundary setbacks
(Basement, Ground, First)
Given the non-compliance with AO9.1, the proposal is required to comply with corresponding
Performance Outcome PO9 of the High Density Residential Zone Code (refer to above PO9).
The proposed encroachments relate to access (stairs and lift) and a powder room only. The
Basement level encroachment is predominately backfilled, and as such not visible. The Ground
level relates to a small portion of the basement stairs only for a length of 2.5m, whilst the First floor
encroachment relates to the top 1.7m of the level, for a length of 3.4m only. These setbacks are
an improvement on the existing development, which includes lesser setbacks up to 5.5m in height
on this boundary (refer to Figure 21).
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Figure 21: Red line denotes existing dwelling setbacks (front and rear elevations)
The encroachments are considered minor in nature, with no windows/opening being provided
within these setbacks above the basement level, and as such will protect privacy and will not create
overlooking opportunities. In addition, due to the topography of the area and location of surrounding
dwellings, the location of the encroachments will not unreasonably obstruct views for dwellings to
the north or west, whilst also providing an adequate setback from the adjoining property to the
north-west (minimum 2.9m between buildings). The proposed setbacks to the north-west side
boundary are therefore considered to comply PO9 of the High Density Residential Zone Code.
It is noted that although no windows are within the encroachments outlined above, the zone code
requires that transparent doors and windows are designed and located so they do not directly face
transparent doors or windows or the private open space areas of other dwellings or
accommodation units within 10 metres. As such, a condition is included in the recommendation
requiring windows on this façade to include privacy mitigation measures (eg. minimum window sill
height, translucent glazing or fixed screening) to ensure the proposal does not result in overlooking.
North-East Side Setback
Acceptable Outcome AO9.1 of the High Density Residential Zone Code requires buildings and
structures to meet the following rear boundary setbacks:
a. first and second storeys—6 metres
b. third storey and thereafter— 8 metres
It is noted however that the subject site is a corner lot, and although the planning scheme does not
include specific reference to corner lots in the High Density Residential Zone Code, as discussed
above, it is considered appropriate that the ‘rear’ boundary be treated as a side boundary as it
adjoins the side boundary of the adjoining lot to the north (7 Berrima Row).
Acceptable Outcome AO9.1 of the High Density Residential Zone Code requires buildings and
structures to meet the following side boundary setbacks:
a. 1.5 metre setback up to 4.5 metres height;
b. 2 metres setback between 4.5 metres and 7.5 metres height; and
c. 2.5 metres if above 7.5 metres height.
The proposal includes the following setbacks:
• 0.8m to the Basement (in lieu of 1.5m);
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• 1.7m (in lieu of 2m) to the First Floor level, portions of which are over 4.5m; and
• 2.3m (in lieu of 2.5m) to the roof terrace roof, portions of which is above 7.5m.
Figures 22 - 24: North-eastern setback encroachments (Basement, First, Roof Terrace)
Figures 25: Subject site and adjoining site (7 Berrima Row) topography
Given the non-compliance with AO9.1, the proposal is required to comply with corresponding
Performance Outcome PO9 of the High Density Residential Zone Code (refer to above PO9).
The basement is proposed to be setback 0.8m from the boundary for the full 19m length of the
building. The basement is completely backfilled along this boundary and as such is not viewable
from adjoining properties. It is noted that the existing dwelling house is built to the common
boundary for a length of approximately 12.2m and two storeys in height, with access also provided
along this boundary. As such, there is currently no vegetation provided along this boundary (refer
to Figure 26).
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Figure 26: Existing setbacks and access
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It must be noted that the proposed extent of boundary relaxation would generally not be supported
due to the requirements for landscaping to be provided within the setback, however due to the
uniqueness of the subject site, the proposed design of the development, and given the proposal is
an improvement on the existing situation, the proposal is supported in these circumstances only.
Council’s Senior Environment Officer has included specific species in the conditions of approval to
be located along this boundary to ensure appropriate planting is provided within the reduced
setback to soften the appearance of the north-eastern façade.
The First Floor encroachment, at 1.7m in lieu of 2m relates to the upper half of the level
(approximately 5.8m – 6.2m in height above natural ground level), for a length of 10m (Houses 1
& 2) and 2m (House 3) of this level only and as such is relatively minor in nature (refer to Figure
27). The encroachment sits at the approximate height of the ground floor of the adjoining property
(ie height of an allowable 1.5m setback on the adjoining property) and will not unreasonably
obstruct views.
Although no windows are within the encroachment, it is noted that the zone code requires that
transparent doors and windows are designed and located so they do not directly face transparent
doors or windows or the private open space areas of other dwellings or accommodation units within
10 metres. As such, a condition is included in the recommendation requiring windows on this
façade to include privacy mitigation measures (eg. minimum window sill height, translucent glazing
or fixed screening) to ensure the proposal does not result in overlooking.
Figure 27: Extent of 0.3m encroachment on north-western boundary
The roof top terrace encroachment relates to the proposed roof over the terraces only, with the
terrace itself being sufficiently setback and screened from the adjoining property by a privacy
screen. The 0.2m encroachment is minor in nature and will not result in any adverse impacts on
adjoining properties (noting the above assessment and recommendation to not support the roof
terrace on House 3).
The proposed setbacks to the north-east boundary are therefore considered to comply PO9 of the
High Density Residential Zone Code.
Roof Terrace
Acceptable Outcome AO15.2 of the High Density Residential Zone Code requires that
development does not include roof top terraces. The proposal includes a roof terrace for each of
the dwellings, and as such does not comply with AO15.2. The proposal is therefore required to
comply with corresponding Performance Outcome PO8 of the High Density Residential Zone
Code, which requires that roof forms:
a. contribute positively to the local skyline;
b. complement the character of the locality and the topography of the site;
c. avoid box profiles/parapets; and
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d. do not create opportunities for overlooking the private open space or internal spaces of
neighbourhood properties.
Noting the above assessment regarding the House 3 terrace not being supported, the following is
in relation to the House 1 & 2 roof terraces only.
The roof terraces are proposed to be setback a minimum of 2.4m from the north eastern boundary
and include screening along the north eastern elevation of the terraces and the north west of the
House 1 terrace. In addition, the House 1 terrace is also setback a minimum of 4.5m from the side
boundary. The applicant has provided diagrams demonstrating the view lines of each of the
terraces, indicating the location and screening of the terraces will not allow for opportunities for
overlooking the private open space of adjoining properties, whilst providing for a varied skyline and
avoiding a box profile. The proposal is therefore considered to comply with O8 of the High Density
Residential Zone Code.
Figure 20: Section plan showing proximity to rear property (Berrima Row) and screening of terrace
Figure 21: View line diagram
Carparking
Acceptable Outcome AO13 of the Dual Occupancy and Multiple Dwelling Code requires one
covered space per small dwelling (<100m2) and two covered spaces for all other dwellings
(>100m2) plus one additional space per four dwellings. The applicant has stated that House 1 is
99m2 (and as such complies with the small dwelling definition), whilst Houses 2 & 3 are in excess
of 100m2, and therefore the proposal is required to provide 6 carparks on site. Council calculations
however indicate all three dwellings are in excess of 100m2 (House 1 – ≈102m2, House 2 – ≈105m2,
House 3 – ≈109m2). Noting the potential for a small margin of error in relation to Council
measurements, a condition is included in the recommendation requiring House 1 to remain less
than 100m2 to ensure compliance with parking requirements.
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Landscaping
Acceptable Outcome AO9.2 of the High Density Residential Zone Code requires that the front 6
metres of the property is landscaped open space and that swimming pools protruding no more
than 1 metre above the ground level, can be as close as 2 metres from the front boundary. As
discussed above, the proposal does not meet the minimum front boundary setbacks required under
the Code, and as such the frontage landscaping requirements cannot be achieved. Council’s
Senior Environment Officer has reviewed the proposal plans and included conditions in the
recommendation to facilitate an outcome in line with the requirements of the Landscape Code.
Conditions include requiring additional vegetation (trees and tall shrubs) within the frontage both
within the site and road reserve. In addition, conditions are included requiring the protection and
retention of vegetation on the corner of Bottlebrush Avenue and Berrima Row, and additional
revegetation of the verge and two street trees are required within Berrima Row. The proposal is
therefore considered to provide sufficient landscaping within the Bottlebrush Ave and Berrima Row
frontages.
Council’s Senior Environment Officer has also included specific species requirements along both
the north eastern and north western boundaries of the site to ensure appropriate landscaping is
provided along these boundary (where possible, noting the access provided along the north
western boundary).
4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Coordinator Engineering, Development Assessment
• Senior Environment Officer, Development Assessment
5. CONCLUSION & REASONS FOR DECISION
The proposed development is located on a corner lot which a shape and topography that creates
challenges for a high-density development. Accordingly, several variations to the scheme have
been proposed specifically with regards to setbacks. Of note, is the proposed setback of a rooftop
terrace to Berrima Row, with a setback of 6.3 metres proposed in lieu of the required 10 metres.
This setback has not been supported, this is reflected in a condition of the approval and annotations
on the plans requiring the rooftop terrace to be deleted.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU22/0087 OPW22/0140 for a Material Change of Use - Multiple
dwelling (3 Units) and Operational Works (Drainage Work, Landscaping, Stormwater &
Earthworks) situated at 37 Bottlebrush Ave, Noosa Heads and described as Lot 133 RP 88934, it
is recommended the application be approved in accordance with the following details for the
Decision Notice:
1. APPLICATION DETAILS
Application No: MCU22/0087 & OPW22/0140
Street address: 37 Bottlebrush Ave, Noosa Heads
Real property description: Lot 133 RP 88934
Planning Scheme: Noosa Plan 2020 (25 September 2020)
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2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Material Change of Use - Multiple dwelling (3 Units)
• Development Permit for Operational Works (Drainage Work, Landscaping, Stormwater &
Earthworks)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
MCU22/0087 - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE - MULTIPLE
DWELLING (3 UNITS)
PLANNING
When Conditions must be Complied With
1. 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.
Currency Period
2. This development approval lapses if the use has not happened by 21 July 2029, unless an
application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior a prestart
meeting being held.
Plan No. Rev. Plan/Document Name Date
PCA2.21 PL03 - Site Plan, prepared by PCA Architects 11/07/2023
PCA2.21 PL04 - Proposed Basement Plan, prepared by PCA 11/07/2023
Architects
PCA2.21 PL05 - Proposed Ground Floor Plan, prepared by PCA 11/07/2023
Architects
PCA2.21 PL06 - Proposed First Floor Plan, prepared by PCA 11/07/2023
Architects
PCA2.21 PL07 - Proposed Second Floor Plan, prepared by PCA 11/07/2023
Architects
As annotated by Council
PCA2.21 PL08 - Proposed Roof Plan, prepared by PCA Architects 11/07/2023
PCA2.21 PL09 - Proposed South Elevation, prepared by PCA 11/07/2023
Architects
As annotated by Council
PCA2.21 PL10 - Proposed East Elevation, prepared by PCA 11/07/2023
Architects
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As annotated by Council
PCA2.21 PL11 - Proposed North Elevation, prepared by PCA 11/07/2023
Architects
As annotated by Council
PCA2.21 PL12 - Proposed West Elevation, prepared by PCA 11/07/2023
Architects
PCA2.21 PL13 - Proposed Section A.A, prepared by PCA 11/07/2023
Architects
PCA2.21 PL14 - Proposed Section B.B, prepared by PCA 11/07/2023
Architects
As annotated by Council
PCA2.21 PL15 - Proposed Section C.C, prepared by PCA 11/07/2023
Architects
As annotated by Council
PCA2.21 PL16 - Proposed Sections D.D and E.E, prepared by PCA 11/07/2023
Architects
Nature and Extent of Approved Use
4. Site cover (in accordance with the Noosa Plan 2020 definition) must not exceed 40%, as
depicted on the Approved Plans.
5. Gross floor area (in accordance with the Noosa Plan 2020 definition) of House 1 must not
exceed 100m2, as depicted on the Approved Plans.
6. The Media Rooms in Houses 1 and 2 must remain unenclosed.
7. No roof top terrace is to be provided to House 3.
Building Height
8. The maximum height of the development must not exceed 12 metres above the ground level,
including where excavation is undertaken the exposed portion of the external façade of the
building.
9. The ground level must be reinstated around the basement level carpark and north-eastern
external façade of House 3 to ensure no part of which is more than 1 metre above ground
level, apart from the driveway entrance. The Bottlebrush Avenue external façade of House 3
may remain exposed.
Performance Bond
10. 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 pre-
start meeting. 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.
Water & Sewer Connections
11. An underground connection to reticulated water and sewerage must be provided to the
premises in accordance with the standards and requirements of Northern SEQ Distributor–
Retailer Authority (Unitywater).
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12. 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 premises.
Building Appearance
13. External finishes of the building must be a mix of lightweight and textured external finishes,
with masonry areas incorporating a variety of textured finishes to break up the surface.
14. All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or
the like thus remaining as open structures.
15. All balustrades to decks and balcony areas must be open or transparent.
16. External colours and finishes must be of an understated colour scheme and low-reflective
roofing and cladding materials.
17. All air conditioning units or other mechanical equipment must be fully enclosed or screened
such that they are not visible from the street frontages nor adjoining properties.
18. Waste storage areas, clothes drying areas and external storage areas must be screened
from view of the street.
Fencing and Walls
19. Any street fencing must not exceed 1.8 metres in height, be set back an average of 1 metre
and articulated to provide visual interest by stepping the design. Any fencing on the front
boundary must either:
a. not exceed a maximum height of 1.2 metres
b. be of open construction.
20. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
Protection of Privacy
21. The roof terraces must include either balcony planter boxes, balustrading or fixed external
screens as shown on the approved plans, positioned in such a way to obscure direct views
into the habitable room windows or private open space areas of the adjoining property.
22. To ensure privacy is protected between adjoining properties, the windows located on the
north eastern and north western building faces must either:
a. have a minimum window sill height or 1.7 metres above floor level;
b. be fitted with translucent glazing; or
c. be fitted with a fixed external screen.
Waste Management
23. A waste storage area must be designed and maintained in accordance with Planning
Scheme Policy PSP9 Waste Management and the Noosa Plan’s Waste Management Code.
The waste storage area must be:
a. imperviously paved and correctly sized for all refuse and recycling containers;
b. bunded and graded so that wastewater and bin leakage drain to the sewer;
c. provided with a conveniently located hosecock and backflow prevention device,
connected to a water supply to service the area; and
d. roofed or otherwise covered.
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Community Management Statement
24. 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.
25. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice.
ENGINEERING
External Works
26. Bottlebrush Avenue must be upgraded for the length of its frontage to the subject site. The
must include in particular:
a. construction of the kerb and channelling and on-street parking generally as shown on
drawing number C40 revision D prepared by Recor dated 15 March 2023
b. removal of the existing timber retaining wall in the road reserve
c. extension of the kerb and channel to a point 1m past the proposed stormwater outlet
in Bottlebrush Avenue
Condition 26 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
27. The existing crossover and driveway in Berrima Row must be wholly removed and the kerb
and channel reinstated as part of the development works.
Site Access and Driveways
28. A sealed access driveway must be provided from Bottlebrush Avenue to all parking and
manoeuvring areas of the development. The works must be generally as shown on drawing
number C40 revision C prepared by Recor dated 29 November 2022.
Car Parking
29. A minimum of six (6) car parking spaces must be provided on the site. The carparking must
be generally in accordance with the approved plans and made available and accessible at
all times.
30. The caparking area must be linemarked and the spaces must be in accordance with
AS/NZS2890.1:2004.
31. All vehicles must enter and exit the site in a forward gear.
Stormwater Drainage
32. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken generally in accordance with drawing number
C40 revision D prepared by Recor dated 15 March 2023 and include on-site rain water
storage (9,000 litres) used for non-potable purposes. The design of the on-site rain water
system must be submitted to Council at least 5 business days prior to the pre-start meeting.
Condition 32 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Services
33. Reticulated electricity and telecommunication services must be provided to each unit in
accordance with the standards and requirements of the relevant service provider.
34. 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.
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35. Certification must be submitted to Council from all relevant service providers (Energex, NBN
and Unitywater) which certifies that the development has met the requirements of this
Decision Notice and all applicable legislation at the time of construction.
Easements
36. 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.
37. 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.
38. 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
39. All earthworks and associated retaining structures/batters, both above and below ground,
both temporary and permanent, must be contained entirely within the subject site unless
written permission from the respective landowner(s) is provided to Council.
40. All earthworks must be undertaken in accordance with the recommendations of the
Geotechnical Investigation, reference 22151-001-Rev 0 dated 13 May 2022 prepared by
Tectonic Geotechnical and Environmental Engineers.
Damage to Services and Assets
41. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
LANDSCAPING
Landscaping Works
42. The development site must be landscaped in accordance with the PSP2 – Landscaping. The
works must be undertaken in accordance with Operational Works approval OPW22/0140
and the Noosa Plan for that specific area and must include in particular:
a. the works generally shown on the Approved Plans except where varied by the
conditions of this approval.
43. 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.
44. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
Retention of Existing Trees
45. All works must be carried out in accordance with the Arboriculture Impact listed within this
Decision Notice *(Refer to Advisory Note)
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46. Prior to any works commencing on site or prior to the issue of the building permit, a bank
guarantee or a bond of $5,000 must be lodged as security for the protection of the trees
identified for retention identified on the approved tree retention plan. The bond:
a. may be drawn upon by Council in its entirety if any one tree identified for retention is
damaged to the point where the tree cannot be saved (as confirmed by the project
arborist and agreed in writing by Council)
b. will be returned upon practical completion of all the operational works relating to this
development.
OPW22/0140 - DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (DRAINAGE WORK,
LANDSCAPING, STORMWATER & EARTHWORKS)
ENGINEERING
APPROVED PLANS
47. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior a prestart
meeting being held.
Plan No. Rev. Plan/Document Name Date
C30 D Bulk Earthworks Plan prepared by Recor 15 March 2023
Consulting
C31 D Bulk Earthworks Sections prepared by Recor 15 March 2023
Consulting
C40 D Roads & Drainage Layout Plan prepared by Recor 15 March 2023
Consulting
C41 D Roads & Drainage Details prepared by Recor 15 March 2023
Consulting
C42 D Stormwater Drainage Sections prepared by Recor 15 March 2023
Consulting
C43 D Driveway Longsection prepared by Recor 15 March 2023
Consulting
CD-001 A Specification Notes, prepared by, Project Urban 24/11/2022
CD-102 A Landscape Plan – Second Floor, prepared by, 27/02/2023
Project Urban
CD-103 A Landscape Plan – Second Floor, prepared by, 24/11/2022
Project Urban
CD-600 B Tree Retention and Removal Plan, prepared by, 24/11/2022
Project Urban
CD-900 B Construction Details, prepared by, Project Urban 28/02/2023
- 1 Arboricultural Impact Assessment, prepared by, 30/11/2022
Consult Arborist
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The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
CD-000 C Cover Sheet, Prepared by, Project Urban 28/02/2023
CD-100 C Landscape Plan – Lower Ground Floor, 28/02/2023
prepared by, Project Urban
CD-101 C Landscape Plan – Ground Floor, prepared by, 28/02/2023
Project Urban
Amendments The landscape plans must be resubmitted prior to a prestart meeting and
incorporate the following:
a. additional Syzygium hemilamprum planted at 4 metres centres
within the Unit 3 landscape frontage garden for the full length of
Bottlebrush Ave and Berrima Row frontage.
b. batter mix B and C to incorporate the following species:
i. Banksia integrifolia ‘natural form’
ii. Banksia robur
iii. Glochidion ferdinandi
iv. Corymbia tessellaris
v. Leptospermum polygalifolium
vi. Acmena smithii
vii. Baekea frutescens
c. replacement of all turf within the road reserve in Berrima Row with
batter planting mix C
d. substitute Lepidozamia peroffskyana with Backhousia myrtifolia or
Syzygium oleoseum.
e. north-western boundary to incorporate plant species that will
provide an effective buffer for maintaining privacy for adjoining
uses, such as Syzygium australe, Callistemon ‘slim’ planted as a
screening hedge.
f. substitute Alpinia caerulea and Asplenium nidus along the northern
boundary with plant species that will provide an effective buffer for
maintaining privacy for adjoining uses, such as syzygium australe
or Elaeocarpus reticulatus.
g. vegetated screening of any electrical transformers, bin storage
areas and the like from the road frontage
h. control of all weeds species listed in the following standards and
legislation:
i. declared plants under the Land Protection (Biodiversity Act
2014 and sub-ordinate Regulation 2016).
ii. Non-scheduled invasive species listed in the Noosa
Biosecurity Plan 2020
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CURRENCY PERIOD
48. The Currency Period for this development approval lapses if the development has not
substantially started by 21 July 2025 unless an application to extend the currency period is
approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
49. Tree protection fencing must be installed under the supervision of the Project Arborist. (Refer
to Retention of Existing Trees Conditions).
50. All necessary approvals from external service providers (eg Unitywater) and external parties
on which the development works are proposed have been obtained and a copy supplied to
Council.
51. A condition report of the Council drainage system in Berrima Row in the frontage of the site
and extending to the next upstream pit must be completed for agreement at the prestart
meeting. The condition report is to include a CCTV inspection of the existing pipe between
the pits.
52. A condition report including photographs of the frontage of the site must be completed and
submitted to council at the prestart meeting / prior to any works commencing.
53. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
54. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The
pre-start meeting must include the relevant parties for the following aspects of the works:
a. Civil engineering works;
b. Landscape works;
c. Erosion and sediment control works;
d. Other relevant parties
55. A Construction Management Plan must be submitted to Council at least 5 business days
prior to the prestart meeting. The plan must address the following:
a. traffic management during all aspects of the construction phase including:
i. 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
ii. maintenance of safe vehicle and pedestrian access for the areas affected by the
works during and after daily construction has ceased
iii. proposed fencing to the site during the construction phase of the development
iv. provision for worker car parking
b. maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures
c. works programme identifying key components of the works and their respective
durations
d. establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic, services and other relevant issues.
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e. Include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details.
f. Include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details.
g. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
h. details on the location of external fill/dump 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.
i. it is acknowledged that the preliminary Construction Management Plan will be a draft
document requiring finalisation upon appointment of the Principal Contractor employed
to construct the works and a final document will be required to be submitted at the Pre-
Start Meeting for the project.
56. 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.
57. Any conflict between the development and an existing or proposed service must be referred
to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
Engineering
58. The developer must meet any costs to repair damage to any Council asset during
construction, where damage is a result of the development works. Damage to assets must
be repaired immediately where it creates a hazard to the community. In circumstances where
the damage does not create a hazard to the community, it must be repaired immediately on
completion of the works associated with the development.
59. 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.
60. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice
b. The relevant conditions of the higher order Material Change of Use viz. MCU22/0087
to which this approval relates
c. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines
d. The latest version of the Healthy Waterways document “Water Sensitive Urban Design
Technical Design Guidelines for South East Queensland” for all water quality devices
to be constructed on site
Roadworks (External Roadworks & Road Widening Works)
61. 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.
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62. All street surfacing must consist of a minimum depth of 30mm of an approved hot mixed
asphaltic concrete, unless other pavement types are approved as feature areas in
intersection thresholds, speed control devices, turning areas, indented parking etc.
63. 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
64. 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
65. Safe vehicle and pedestrian access on all streets in the vicinity of the development must be
maintained at all times. Should footpath/road closures be necessary to carry out construction
works, Council’s Engineering Officer must be notified prior to the proposed closure and all
requirements complied with.
66. 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.
67. 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.
Site Access and Driveways
68. Driveway crossovers must be constructed in accordance with council’s Standard Drawings
RS-049, RS-050 and any associated addendum.
69. 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.
70. The following must be complied with during the construction of the required
crossover/driveway:
a. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete.
b. The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties.
c. Underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway
d. 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.
e. 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
71. All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development, with any required geotechnical
testing undertaken in accordance with the Standard. A certificate must be provided by a
RPEQ and submitted to Council prior to the commencement of the use.
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72. Fall protection must be provided to retaining walls that are over 1m high.
73. Slope and batters are a maximum grade of:
a. 1 in 6 where in proximity to waterbodies
b. 1 in 4 for grassed areas.
c. 1 in 3 for planted areas.
d. 1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
74. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
75. Works associated with this permit must not adversely impact on the existing drainage
conditions on other properties (eg by blocking or interfering with natural overland flows).
76. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
77. 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.
78. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system, natural waterways, any downstream stormwater filtration
system or adversely impacting on other properties. The sediment and erosion control design
and measures have NOT been approved, it is the site's Supervising Engineer who is
responsible for ensuring that the sediment and erosion control measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods,
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods,
c. Been revised to address predicted rainfall events, and
d. Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be
found inefficient.
79. 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).
80. 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.
81. 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.
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82. 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
83. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
FOLLOWING CONSTRUCTION / PRIOR TO THE COMMENCMENT OF THE USE
Certification
84. 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.
Bonds
85. Bonds must:
a. meet the requirements of Council’s relevant Planning Scheme Policy for performance
and uncompleted works.
b. be calculated using a schedule of works and relevant bond equation.
c. have approval of the bond calculations and amount from Council prior to lodgement
d. be lodged with Council and accompanied by the Bond Administration Fee/s.
e. be requested for release by writing to Council, when relevant approval requirements
have been met.
As Constructed Plans and ADAC XML Files (Council)
86. Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory
“As-Constructed” records must be submitted to Council. The bundle of “As Constructed”
information shall include:
a. As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing
file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the
accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
b. ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed)
prepared in accordance with industry standards and recorded in “MGA - UTM56 /
GDA94” projection.
Please Note: Further information and advice relating to the as-constructed drawing
presentation, as-constructed survey capture and associated guidelines for preparation
of a compliant ADAC XML digital file are available on the webpage titled “As-
Constructed Guidelines” and accessible at the Noosa Council Website: Planning &
Development / Development Tools & Guidelines / As-Constructed Guidelines.
c. The “As-Constructed” drawings will require certification by a:
i. Qualified experienced Civil Engineer (RPEQ) confirming design intent and
conformance with applicable standards and specifications, along with the
relevant descriptions of assets, services and structures and;
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ii. Registered Cadastral Surveyor (Qld) in regard to the cadastral and locational
information, levels and applicable survey datum.
d. The data must be in accordance with Council’s “Planning Scheme Policy 6 –
Engineering Design Standards”, and fully detail the levels for all engineering works
including but not limited to the drainage network and structures, finished ground and
pavement surface levels.
e. Landscaping, including all assets and improvements within parks, open space and road
reserves areas are to be shown on an accompanying separate landscape plan
(prepared in .dwg file format with accompanying hardcopy PDFs) and include a
complaint ADAC XML file. Details of the landscaping and all associated assets and
improvements may be included in the ADAC XML digital file prepared for associated
civil infrastructure, or alternatively, be provided as a separate ADAC XML digital file
containing landscape and asset information only.
On Maintenance
87. All municipal works must be accepted ‘On Maintenance’ by Council in accordance with
Council’s relevant Planning Scheme Policy prior to the commencement of the use. To
achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
a. certification that all works have been undertaken and completed in accordance with the
requirements of this Permit.
b. as Constructed details in accordance with Council’s Planning Scheme Policy.
c. maintenance and operational manuals for all proprietary or site specific devices
Off Maintenance
88. Prior to requesting an Off Maintenance inspection the developer must provide a written
request for the Off Maintenance inspection.
89. A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged
where:
a. a Council inspection reveals works do not comply with approval requirements
b. submitted certification falsely states works comply with approval requirements.
90. A final inspection and approval of the new driveway and completed reinstatement works by
Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the
inspection.
LANDSCAPING & ECOLOGY
PRIOR TO COMMENCEMENT OF WORKS
91. A condition report including photographs of the frontage of the site must be completed and
submitted to Council at the prestart meeting / prior to any works commencing.
92. Prior to requesting a prestart meeting:
a. Receipt of amended plans approval.
b. Tree protection fencing must be installed under the supervision of the qualified person*.
(Refer to Advisory Note)
c. Provide to Council a Tree Protection Bond* of $5,000 for the trees to be retained
identified on the approved plans.
*(Refer to Advisory Note)
93. A prestart meeting must be organised with Council’s delegate by calling 5329 6500 (giving
at least five business days’ notice). The prestart meeting must be attended by the responsible
persons for:
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a. Arboreal works.
b. Other relevant parties.
DURING CONSTRUCTION
Retention of Existing Trees and Vegetation
94. A qualified person * must be engaged for the duration of the works to:
a. Ensure works are carried out in accordance with the approved Arborist Report
b. Oversee installation of all tree protection fencing prior to commencement of any works
onsite (including any clearing).
c. Supervise tree protection within the development site and frontages, prior to, during
and following construction in accordance with AS 4970, Protection of trees on
development sites.
d. Oversee approved tree removal in proximity to retained trees.
*(Refer to Advisory Note)
Fauna Management
95. Fauna or fauna habitat relating to approved tree removal/clearing works must be managed
by a qualified person*.
*(Refer to Advisory Note)
Removal of Existing Trees and Vegetation
96. Removal of existing trees and vegetation must be undertaken by a qualified person* and
must include:
a. Rectification to the finished surface levels and materials.
b. No damage to other vegetation for retention.
c. Legal disposal of all removed vegetation and debris.
*(Refer to Advisory Note)
Landscaping Works
97. Landscape works must be supervised, undertaken and certified by qualified persons*. All
works must be completed in accordance with this Decision Notice.
(*Refer to Advisory Note)
98. Where damage occurs to any Council asset as a result of the development works, it must be
repaired immediately where it creates a hazard that presents risk to person or property. Other
damage must be repaired prior to completion of works.
99. Landscape works must:
a. Ensure amenity or sales signage and ancillary infrastructure is not installed within the
road reserve.
b. Ensure permanent irrigation is not installed within the road reserve.
c. 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. *(Refer
to Advisory Notes)
100. Public amenity trees* must:
a. Meet AS2303 Tree Stock for landscape use
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b. Be located in accordance with engineering requirements for safe vehicle and
pedestrian sight lines.
*(Refer to Advisory Note)
Fencing, Walls and Screening
101. Fencing must:
a. Be located wholly within lot boundaries.
b. Have a design life commensurate with the new buildings.
c. Be finished in neutral colour tones that blend with the surrounding landscape.
d. Be setback 2 metres behind landscaping.
FOLLOWING CONSTRUCTION
Bonds
102. Bonds must:
a. Meet the requirements of the relevant Council Planning Scheme Policy for performance
and uncompleted works.
b. Be calculated using a schedule of works and relevant bond equation.
c. Include GST.
d. Have approval of the bond calculations and amount from Council, prior to lodgement.
e. Be lodged with Council and accompanied by the Bond Administration Fee/s.
f. Be requested for release by writing to Council, when relevant approval requirements
have been met.
103. Performance Bonds must be lodged for:
a. Streetscape and Amenity Landscape.
On Maintenance
104. Maintenance periods* must be:
a. 12 months for Streetscape and Amenity Landscape.
*(Refer to Advisory Note)
105. Prior to requesting an On Maintenance inspection, the following information package
(prepared by respective qualified persons* and certifying compliance with approvals) must
be submitted to Council:
a. All required bonds.
b. Landscaping certification.
c. AS2303 Trees for landscape use certification (addressing each specimen).
Off Maintenance
106. Prior to requesting an Off Maintenance inspection the following must be provided:
a. Written request of bond release.
107. Off Maintenance Inspection must be requested:
a. By contacting Council.*
b. Only after lodgement of a completed Landscape Checklist and all other required
certification and documentation.
c. Only after all works are confirmed in good order including:
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i. Remulching, fertilising and aeration of garden areas.
ii. Replacement of plant material.
iii. Removal of plant material impeding regulation sightlines.
*(Refer to Advisory Note)
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
PLANNING
Equitable Access and Facilities
1. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
2. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Resubmission of Amended Plans Required
3. The conditions of this Decision Notice require resubmission of plans to Council with
amendments prior to a prestart meeting being held. Please address the amended plans to
Council’s Development Assessment Branch with the Reference No. MCU22/0087.
Infrastructure Charges
4. 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.
Qualified Person
5. For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability
for the development, a qualified person is considered to be a person who:
a. is a Registered Professional Engineer of Queensland (RPEQ); and
b. has a degree in civil engineering or engineering geology; and
c. has a minimum of 5 years experience in the field of geotechnical engineering or
engineering geology.
Sustainability
6. Council encourages sustainable and energy efficient building design for all development,
including the use of sustainable building materials, energy efficient fittings, solar hot water,
photovoltaic systems (including the use of inverter/charges), solar panels, water saving
devices and rainwater harvesting.
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Performance Bond
7. Where the works include Council assets (construction of new or modifications to existing) a
portion of the performance bond will be retained as a “maintenance bond” as described in
Council’s Planning Scheme Policy 6 Engineering Design Standards. Alternatively, the
developer may submit a separate “maintenance bond” at the completion of the works.
The bond amount will be:
a. 5% of the agreed value of the works or
b. $1500, whichever is the greater amount
Fires in Urban Areas
8. In urban areas fires are prohibited except where in an appliance is used for domestic heating
or cooking purposes, which must comply with particular standards. Any area identified as a
fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local
Law No. 3, Schedule 3. Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
Building and Construction Industry (Portable Long Service Leave) Levy
9. 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.
Private Infrastructure
10. All private infrastructure for the development must be designed to meet the planning scheme
requirements unless otherwise agreed by the relevant authority.
Prestart, On and Off Maintenance, Rehabilitation Inspections Request
11. Contact Council on 5329 6500 to arrange a prestart meeting or an inspection giving a
minimum of five business days’ notice of preferred inspection time.
Prestart
12. Tree Protection Bond:
a. may be drawn upon by Council if:
i. the recommendations of the Arborist report are not implemented and,
ii. any trees identified for retention are damaged to the point where they cannot be
saved.
b. will be returned upon receiving certification from the site Arborist that all requirements
nominated in the Arborist report referenced within this Decision Notice have been
completed.
13. All tree retention and protection works must be carried out in accordance with methodology
and recommendations detailed in the Arborist report listed within this Decision Notice. Prior
to requesting a prestart meeting, a bank guarantee in accordance with the values nominated
by this decision must be lodged with Council as security for the protection of the trees
identified for retention within the Arborist report referenced within this Decision Notice. The
guarantee:
a. may be drawn upon by Council if:
i. the recommendations of the Arborist report are not implemented and,
ii. any trees identified for retention are damaged to the point where they cannot be
saved (as confirmed by the site Arborist and agreed in writing by Council)
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b. will be returned upon receiving certification from the site Arborist that all requirements
nominated in the Arborist report referenced within this Decision Notice have been
completed
Retention of Existing Trees
14. The existing trees on adjoining properties must be retained and protected during construction
wherever achievable. To avoid doubt, this advisory note is not intended to exclude the
operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following
construction of the development which is the subject of this development approval.
Removal of Existing Trees and Vegetation
15. Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
well as optimum weed seed sterilisation.
Qualified Person
16. Qualified Person, for the purpose of:
a. 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.
b. Undertaking landscape construction and establishment works is considered to be a
person with five years current experience in commercial landscape construction
projects.
c. Undertaking, supervising tree works and preparing arboriculture certification, is
considered to be a person with a minimum three years current experience in tree
protection, hazard identification/mitigation and AS2303 assessment and either:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture.
d. Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
Landscape Works
17. The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges
Register where:
a. An inspection revealed that any constructed rehabilitation/landscape works do not
comply with the conditions of the Decision Notice, Approved Plans and or Approved
Documents
b. Certification is submitted to Council falsely stating that works comply with the approved
plans, documents and or conditions of the Decision Notice.
18. Public amenity trees are defined as any tree located within public streets, parks or areas that
will become publically owned as a result of this development.
On Maintenance
19. Request for On Maintenance is the responsibility of the developer. No credit will be given
due to failure to request inspection. Maintenance works are the responsibility of the
developer and must include regular inspections, repairs, rectifications and establishment. A
single maintenance run immediately prior to inspection is not acceptable.
Off Maintenance
20. A re-inspection fee in accordance with Councils Fees and Charge Register will be charged
where:
a. A Council inspection reveals works do not comply with approval requirements.
b. Submitted certification falsely states works comply with approval requirements.
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7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work.
10. SUBMISSIONS
Not applicable.
11. 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.
12. 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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