Delegated Report - Code - Planning MCU21 0183

Author	Nick Cooper,
External Development Planner

APPLICATION DETAILS
Application No.	MCU21/0183 and OPW21/0292
Applicant	Christopher William Robinson
Proposal	Material Change of Use - Dual occupancy
Properly Made Date	12 October 2021
Information Request Date	9 November 2021
Information Response Date	6 December 2021
Decision Due Date	18 January 2022
Report Completed Date	17 January 2022
Report Reviewed By	Patrick Murphy 17 January 2022

PROPERTY DETAILS
Property Address	9 Ruby St Cooroy Qld 4563
RP Description	Lot 615 C 56014
Land Area	1012m²
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Urban
Zone	Medium Density Residential
Precinct	Not Applicable
Local Plan Area	Cooroy Local Plan Area
Overlays	N/A
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dual occupancy and Operational Works.  The proposed Dual Occupancy consists of one (1) three (3) bedroom Dwelling unit and one (1) four (4) bedroom Dwelling unit. Unit 1 (southern Dwelling) is already constructed onsite as a two (2) storey Dwelling House and will undergo extensive renovations to accommodate a new floor layout over the two (2) levels to create more liveable spaces. Unit 2 will be constructed as a single storey building at the rear of the existing Dwelling with access from Opal Lane.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
site details
Site Description
The subject site has an area of 1,012m2 and frontage of approximately 20 metres to Ruby Street and 20 metres to Opal Lane. The site is occupied by an existing Dwelling House.
Surrounding Land Uses
The subject site is surrounded by a mix of medium and low-density residential land uses, predominantly comprising of single Dwellings.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Medium Density Zone Code;
Cooroy Local Plan Area Code;
Dual Occupancy and Multiple Dwellings Code;
Works Codes
The subject site is located in Cooroy  and is zoned Medium Density Residential. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
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 metres	2 storeys max 8 metres	2 storeys < 8 metres	
Site cover	45% max	29% 298m2	
Gross floor area or Plot ratio	404 m² max <:1 max.	273m² 0.27	
Boundary setbacks Frontage (Ruby Street) Side (western) Side (eastern) Frontage (Opal Lane)	6 metres min 1.5/2.0/2.5 metres min 1.5/2.0/2.5 metres min 6  metres min	5.97 metres (existing) 1.1m to existing carport 1.5m to dwelling and built to boundary garage 5.4 metres	X X
Landscaped open space Soft landscaping	404 m² min < min 60% of total	730 m² 495m² (67%)	
Private Open Space	25 m² min	Unit 1 - 421m² Unit 2 - 317m²	
Carparking	2 covered min 1 uncovered min	4 covered	
Setbacks
Front Setback
The proposed dwelling (unit) has a reduced setback of 5.4m to the outermost projection of the double garage and 6m to the wall of the garage.   The main façade of the dwelling is setback 12 metres from the boundary.   The applicant is required and has proposed to dedicate 2m of frontage to Opal Lane Road reserve, thereby reducing the proposed setbacks to Opal Lane (once constructed).   Despite the reduced setback, the proposed dwelling is considered to make a positive contribution to the streetscape.   The architectural design features a variety of building treatments including (but not limited to) lightweight weatherboard cladding, pitched steel roofs, and verandah / alfresco outdoor living areas that extends off the front façade of the building.   Thereby creating visual interest whilst remaining consistent with the predominant traditional built form character of the area.   The setbacks will have no negative impact on adjoining land uses and therefore it considered to comply with the applicable performance outcomes.
cONSULTATION
Referral Agencies
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Diogo Carrico – Engineering conditions included. Comments provided below.

The applicant has suitably addressed all the engineering information request items and relevant conditions are provided below.
The IR response includes Unity Water’s approval of the proposed works, namely the construction near and over their existing sewer assets running through the subject property.
A 2m wide section of Opal Lane to the full frontage of the subject site will be dedicated to Council and a concrete pavement will be constructed connecting to the existing concrete pavement on Opal Lane, totalling 5.5m wide concrete laneway on Opal Lane.
A condition requiring a performance bond is not included below but I recommend that the planner includes one of no less than $20K.
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU21/0183 and OPW21/0292 for a Material Change of Use - Dual occupancy situated at 9 Ruby St Cooroy Qld 4563 and described as Lot 615 C 56014, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0183
Street address:	9 Ruby St Cooroy Qld 4563
Real property description:	Lot 615 C 56014
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dual occupancy
Development Permit for Operational Works – Landscaping, Stormwater, Earthworks, Accesss and Civil Works

CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
01-01	H	Site Plan, prepared by Valentine Building Design	12/07//21
02-11	E	Lot 1 Ground Floor Plan, prepared by Valentine Building Design	11/07/21
02-12	D	Lot 1 Upper Floor Plan, prepared by Valentine Building Design	11/07/21
02-20	F	Lot 2 Ground Floor Plan, prepared by Valentine Building Design	02/07/21
02-23	E	Lot 2 Roof Plan, prepared by Valentine Building Design	02/07/21
04-11	C	Lot 1 Elevation Proposed, prepared by Valentine Building Design	11/07/21
04-20	D	Lot 2 External Elevation, prepared by Valentine Building Design	02/07/21
04-21	D	Lot 2 External Elevation, prepared by Valentine Building Design	02/07/21
04-22	D	Lot 2 Perspectives, prepared by Valentine Building Design	02/07/21
LD1	B	Drawing Schedule Specifications, prepared by Bird Landscape Design	02.12.21
LD2	B	Finishes and Planting Schedule, prepared by Bird Landscape Design	02.12.21
LD3	B	Details, prepared by Bird Landscape Design	02.12.21
LP1	B	Planting Plan, prepared by Bird Landscape Design	02.12.21
Currency Period
This development approval lapses if the use has not happened by 20 January 2028, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 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.
Dedication of Land
Prior to the commencement of the use a two (2.0) metre wide strip extending across the full Opal Lane frontage of the subject site must be dedicated to Council as ‘Road’.
Building Appearance
All air conditioning units or other mechanical equipment:
where located at ground level, screened by fencing 1.5 metres in height or dense vegetation of at least 1.5 metres in width incorporating grouped trees and shrubs with a maximum separation distance of 1 metre measured from the centre of the plant;
where located above ground level, enclosed or screened such that it is not visible from the street frontage nor adjoining properties; and
visually integrated into the line and plane of the building and roof design and does not project beyond the height or width of the building when viewed from the street and adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
Materials and Finishes
Buildings and structures must use:
natural finishes wherever possible;
a mix of lightweight and textured external finishes;
masonry construction where variation is provided in texture and the façade uses a variety of finishes to break up the surface; and
open or transparent balustrades.
Fencing and Walls
Any street fencing must be:
set back an average of 1 metre from the new front property boundary and articulated to provide visual interest;
any fencing on the front boundary must ensure that the solid portion of the fences and walls is no more than 1.2 metres high or be 50% transparent for a fence with a height not exceeding 1.8 metres.
Any side boundary fencing must not exceed 2 metres in height from ground level.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothesline which is screened from public view.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
External Works
Opal Lane must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with the conditions of this Decision Notice and must include in particular:
construction of kerb and channelling;
widening and sealing of the existing road pavement connecting to the existing concrete pavement on Opal Lane, such that the pavement has a total width of 5.5 metres for the full extent of the site’s frontage.
Condition 13 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Site Access and Driveways
A sealed access driveway must be provided from Opal Lane to all parking and manoeuvring areas of the approved dwelling fronting Opal Lane, with the access arrangements for the existing dwelling to be maintained from Ruby Street. The works must be undertaken in accordance with the conditions of this Decision Notice and must include in particular a driveway crossover generally in accordance with Council’s standard drawings RS-049 and RS-050.
A minimum of 4 car parking spaces must be provided and marked on the site. The works must be undertaken in accordance with the conditions of this Decision Notice and must include in particular:
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with the conditions of this Decision Notice and must include in particular the works shown on the Approved Plans listed in this Decision Notice
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (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
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated batters must be undertaken in accordance with the conditions of this Decision Notice, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Landscaping
The site must be landscaped generally in accordance with the approved landscape plan inclusive of the following amendments:
At least 80% of the plant species and 80% of the total number of plants must be comprised of species from Planning Scheme Policy 2 – Landscaping
The development site must be landscaped. The works must be undertaken in accordance with the Operational Works approval and the Noosa Plan for that specific area and must include in particular the works shown on the approved Landscape Plan.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth. All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
OPERATIONAL WORKS
APPROVED PLANS
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
212602-C04	C	“Proposed Site Layout” Prepared by Ingeniir	16/12/2021
212602-C05	C	“Proposed Stormwater and Site Level Layout” Prepared by Ingeniir	16/12/2021
212602-C06	C	“Proposed Earthworks Plan” Prepared by Ingeniir	16/12/2021
212602-C07	C	“East Section” & “North Section” Prepared by Ingeniir	16/12/2021
LD1	B	Drawing Schedule Specifications, prepared by Bird Landscape Design	02.12.21
LD2	B	Finishes and Planting Schedule, prepared by Bird Landscape Design	02.12.21
LD3	B	Details, prepared by Bird Landscape Design	02.12.21
LP1	B	Planting Plan, prepared by Bird Landscape Design	02.12.21
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.
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;
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:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD);
provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
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.
Landscape
The development site must be landscaped. The works must be undertaken in accordance with this approval and Noosa Plan 2020 Planning Scheme Policy PSP2 Landscaping. In this regard, Landscaping must include the following:
landscaping provided to a minimum of 35% of the site area, and 60% of this is to be soft landscaping;
at least 80% of the plant species and 80% of the total number of plants must be comprised of species from Planning Scheme Policy 2 – Landscaping
shade trees and screening vegetation with layering of understorey plants and grasses must be planted for the length of the rear boundary;
narrow growing screening vegetation must be planted for the length of the side boundaries;
existing vegetation in the road reserve must be retained, in accordance with the approved plans; and
trees to be retained within the site must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.

DURING CONSTRUCTION
Engineering
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice;
The relevant conditions of the higher order Material Change of Use approval viz. MCU21/0183 to which this approval relates;
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines;
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site.
Roadworks (External Roadworks & Road Widening Works)
All pavement widening or construction of new pavement must join neatly to the existing pavement so that there are no irregularities in line or level resulting at or adjacent to the join for the length of the construction. Where necessary the existing pavement must be brought to a satisfactory standard to allow for the above.
All street surfacing must be undertaken in accordance with the approved plans.
The developer must notify Council’s Traffic Engineer for any works involving the removal or modification of existing council traffic signs and/or parking bays prior to such works commencing.
Pavement Design and Construction
A construction hold point with a council delegate and supervising RPEQ must be established once the subgrade for the new concrete pavement on Opal Lane is ready. At the time of subgrade inspection, the subgrade must exhibit no visible signs of deformation under proof rolling by a fully loaded water truck. The pavement subgrade will not be passed until this requirement has been achieved.
A construction hold point with a council delegate and supervising RPEQ must be established prior to the placing of concrete on the proposed Opal Lane concrete pavement. At the time of this hold point inspection, all the steel reinforcement for new concrete pavement on Opal Lane must be in place, including dowels connecting into the existing pavement.
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.
Site Access and Driveways
Driveway crossovers must be constructed in accordance with council’s Standard Drawings RS-049 and RS-050.
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;
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 2’ 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 conducting the On-Maintenance inspection.
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.
Erosion and Sediment Control
Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection Regulation 2019) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Sediment and erosion control measures must be in place prior to works commencing. If such measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such fines can be issued if sediments from the site are found to enter or have the potential to enter Council’s stormwater system, natural waterways, any downstream stormwater filtration system or adversely impacting on other properties.  The sediment and erosion control design and measures have NOT been approved, it is the site's Supervising Engineer who is responsible for ensuring that the sediment and erosion control measures have:
Been duly designed by an RPEQ or CPESC and constructed in accordance with "best practise" methods;
Been revised by an RPEQ or CPESC to address the issues raised by changes in the projected construction schedule and/or methods;
Been revised to address predicted rainfall events; and
Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be found inefficient.
The erosion and sediment control measures must be designed, installed and maintained in accordance with the supervising engineer instructions and the current best practice standards * (Refer to Advisory Note).
The developer must ensure non-essential exposure of soil is prevented by restricting the extent of disturbance and minimising the duration of soil exposure to adverse weather conditions and effectively turf, cover or stabilise any disturbed area without delay and prior to rainfall occurring.
The developer must ensure sediment does not leave the site or enter onto adjoining properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or machinery. It is essential to implement appropriate approved erosion and sediment control measures throughout the site during all phases of construction including vehicle shakedown pad/grid (or similar) at the access to the construction site. Where sediments or other contaminants are deposited on a road, they must be removed so as not to enter Council’s drainage system or waterways.
Prior to the completion of the development and commencement of use, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
Landscape
The finished level of all mulch in garden beds and landscaped medians is to be a minimum of 50mm below the level of the adjacent top of kerb. All landscaping is to be constructed in accordance with Council’s Planning Scheme Policy PSP2 Landscaping.
Suitable root barriers must be installed where proposed trees are adjacent to paths, pavement etc in accordance with Council’s Planning Scheme Policy PSP2 Landscaping.
An inspection is to be carried out with the relevant Council officers, the Contractor and Supervising Engineer after road centrelines have been established, and prior to clearing being carried out. This inspection is to deal with the limits of clearing to be carried out for this development. This meeting is to take place prior to the “Pre-start” meeting.
FOLLOWING CONSTRUCTION
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.
As Constructed Plans and ADAC XML Files (Council)
Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory “As-Constructed” records must be submitted to Council. The bundle of “As Constructed” information shall include:
As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed) prepared in accordance with industry standards and recorded in “MGA - UTM56 / GDA94” projection;
Please Note: Further information and advice relating to the as-constructed drawing presentation, as-constructed survey capture and associated guidelines for preparation of a compliant ADAC XML digital file are available on the webpage titled “As-Constructed Guidelines” and accessible at the Noosa Council Website: Planning & Development / Development Tools & Guidelines / As-Constructed Guidelines.
The “As-Constructed” drawings will require certification by a:
Qualified experienced Civil Engineer (RPEQ) confirming design intent and conformance with applicable standards and specifications, along with the relevant descriptions of assets, services and structures and;
Licensed Surveyor in regard to the cadastral and locational information, levels and applicable survey datum;
The data must be in accordance with Council’s “Planning Scheme Policy 6 – Engineering Design Standards”, and fully detail the levels for all engineering works including but not limited to the drainage network and structures, finished ground and pavement surface levels;
On Maintenance
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
certification that all works have been undertaken and completed in accordance with the requirements of this Permit;
as Constructed details in accordance with Council’s Planning Scheme Policy;
maintenance and operational manuals for all proprietary or site specific devices.
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection;
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
Council inspection reveals works do not comply with approval requirements;
submitted certification falsely states works comply with approval requirements.

referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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.
Prestart, On and Off Maintenance 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.
A minimum maintenance period of 12 months will apply to all municipal works and thereafter until such time as the works are performing in accordance with the approved design unless noted otherwise
Environmental Advisory Notes
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
Accepted best practice standards include International Erosion Control Association Australasia Best Practice Erosion and Sediment Control
Qualified Person, for the purpose of erosion and sediment control is a Certified Professional in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional Engineer of Queensland (RPEQ).
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the On-Maintenance 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 the On-Maintenance inspection, 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.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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