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Delegated Report - Code - Planning MCU19 0143
Author Development Planner, Tara Norley Development Assessment APPLICATION DETAILS Application No. MCU19/0143 and OPW19/0264 Applicant Green Earth Homes Proposal Material Change of Use - Multiple Housing - Type 2 Duplex Operational Works (Driveway, Parking, Stormwater, Earthworks, Frontage Works and Landscaping) Properly Made Date 21 November 2019 Information Request Date 17 December 2019 Information Response Date 17 January 2020 Decision Due Date 26 February 2020 Report Completed Date 26 February 2020 Number of Submissions Not Applicable PROPERTY DETAILS Property Address 5 Ventura Street, Sunrise Beach Qld 4567 RP Description Lot 114 on RP132135 Land Area 706.0m² Existing Use of Land Detached House STATUTORY DETAILS SEQRP Designation Urban Footprint Locality Eastern Beaches Zone Attached Housing Overlays Nil Assessment Type Code PROPOSAL The application seeks approval for a Material Change of Use - Multiple Housing - Type 2 Duplex and Operational Works (Driveway, Parking, Stormwater, Earthworks, Frontage Works and Landscaping). The application proposes a detached duplex, comprising two 3 bedroom dwellings, referred to as Villa 1 to the north east and Villa 2 to the south west of the site. Both dwellings contain three bedrooms, study, lounge, dining, kitchen, bathroom, ensuite and laundry. Both dwellings also include balconies off the lounge/dining areas on the upper floor. The proposal also includes four carparks within two double garages. The locality and latest proposal plans are detailed below: Figure 1: Locality Plan Figure 2: Site Plan Figure 3: Villa 1 Ground Floor Plan Figure 4: Villa 1 First Floor Plan Figure 5: Villa 2 Ground Floor Plan Figure 6: Villa 2 First Floor Plan Figure 7: North Elevations Figure 8: South Elevations Figure 9: Villa 1 East Elevations Figure 10: Villa 1 West Elevations Figure 11: Villa 2 East Elevations Figure 12: Villa 2 West Elevations site details Background The original plan of survey for the site was registered in 1972. An application for building works (Application no. 112005.573) for a garage was approved on the site on 13 April 2005. Site Description The subject site comprises an irregular shaped corner lot and currently contains a two storey detached house and shed, which will be demolished in order to construct the new development. The site is flat, with access currently off Margit Crescent, and vegetation along the Margit Crescent boundary. The subject site is serviced by standard infrastructure including reticulated water supply and sewerage, telecommunications and electricity, bitumen roadways and kerb and channel. Surrounding Land Uses The site is located within a residential area, and is surrounded by a mixture of detached, semi-attached and attached housing. The adjoining property to the north contains three attached two storey dwellings, whilst the adjoining property to the east contains a two storey detached duplex. assessment Instruments for Statutory Assessment Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development: State Planning Policy; South East Queensland Regional Plan; Planning Regulation 2017 The Noosa Plan. The following codes from the Noosa Plan are applicable to this development: Eastern Beaches Locality Code; Residential Uses Code; Landscaping Code; and Engineering Works Codes. The subject site is located in Eastern Beaches Locality and is zoned Attached Housing. 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 Site Area N/A 706m² Population density 7.06 persons max 6.6 persons Plot ratio 0.45:1 max. 0.487:1 X Site cover 40% / 40% max 35% / 35% Landscaped open space Soft landscaping Landscaping Setbacks 198m² min 118.8m2 min 3m/6m frontage Approx. 260m² >118.8m² 3.7-6m Building height storeys metres 2 storeys max 8 metres 2 storeys 7.97 metres Boundary setbacks Frontage (Ventura Street) Frontage (Margit Crescent) Side (north) Side (east) 6 metres min 6 metres min 1.5/2 metres min 1.5/2 metres min 6.1 metres 4.6 metres 1.7/2.6 metres 1.5/2.5 metres X Roof form Roof pitch Eaves 5 degrees min 600mm eaves to at least 75% of the perimeter 4.5 degrees 100% X Length of wall 15 metres max 16.82 metres (Villa 1) 14.49 metres (Villa 2) X Carparking 2 covered min 1 additional min 4 covered Plot Ratio Specific Outcome O8 of the Eastern Beaches Locality Code allows a maximum plot ratio of 0.45:1. According to Council’s calculations, the proposal plans indicate the total GFA of the duplex to be approximately 344m2* (refer to Figures 13-16), resulting in a plot ratio of approximately 0.487:1. As such, the proposal does not comply with Specific Outcome O8 of the planning scheme. * It is noted that updated floor plans were provided on 24 February 2020, with the gross floor area calculating at 323.928m2, resulting in a plot ratio of 0.459:1. The proposed plot ratio of 0.459:1 is still considered to not comply with Specific Outcome O8. In addition, a full suite of plans was not provided with the updated floor plans. Therefore this assessment report is in reference to the original proposal plans provided. Figure 13: Villa 1 Ground Floor Plan Gross Floor Area Figure 14: Villa 1 First Floor Plan Gross Floor Area Figure 15: Villa 2 Ground Floor Plan Gross Floor Area Figure 16: Villa 2 First Floor Plan Gross Floor Area The development is considered to result in a building scale that is not compatible with surrounding development, and as such, may present an appearance of excessive bulk to adjacent properties, roads or other areas in the vicinity of the site. It is noted that a majority of the existing duplex development within proximity to the subject site was carried out under the previous planning scheme, which also included a 0.45:1 plot ratio requirement for duplexes, whilst the adjoining lot to the east was approved in 2017 with a plot ratio of 0.33:1. Due to the non-compliance with the plot ratio requirement, it is recommended that a Preliminary Approval be issued requiring updated compliant proposal plans be provided. The following conditions are to be included in the Decision Notice: The applicant is required to submit a further code assessable application for a Development Permit for a Material Change of Use of - Multiple Housing - Type 2 Duplex and Operational Works (Driveway, Parking, Stormwater, Earthworks, Frontage Works and Landscaping) complying with the conditions of this Preliminary Approval. Prior to the issue of a Development Permit, plans listed within this Decision Notice must be amended to demonstrate compliance with the conditions of this Preliminary Approval and must include the following changes: The total plot ratio of the development must not exceed 0.45:1. Landscaping Plan A147 (Project number 5VEN dated 19/12/19) must be amended in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines for Coastal Beachfront Areas. Setbacks Probable Solution S5.1 of the Eastern Beaches Locality Code requires the road frontage setback to be a minimum of 6m. The proposal includes a setback of 4.65m from the Margit Crescent road frontage for Villa 2 (refer to Figure 17). Figure 17: Margit Crescent setback It is noted that the subject site is a corner lot, whereby Council generally supports a minimum setback of 4.5m from the secondary road frontage providing there is no adverse impacts to neighbouring or surrounding properties. The reduced boundary setback, being a road frontage setback, will not adversely impact the amenity for users of the premises or the visual and acoustic privacy of adjoining and nearby properties. The proposed setback will still allow for sufficient landscaping along the Margit Crescent frontage and sufficient room for a car to park within the driveway. The reduced setback is not anticipated to result in any adverse impacts for adjoining properties, pedestrians or vehicles. Roof form Probable Solution S12.1 of the Eastern Beaches Locality Code requires the main roof of the building to have a roof pitch no less than 5 degrees. Both Villa’s propose a 4.5 degree roof pitch (refer to Figure 18). Figure 18: Proposed Roof Pitch of 4.5 Degrees The non-compliance is considered relatively minor and is not anticipated to adversely affect the character or amenity of the area. In addition, the roof form is considered to comply with Specific Outcome O12, as the roof form will contribute positively to the local skyline, does not propose box profiles/parapets and does not create opportunities for residents to overlook the private open space areas of neighbouring properties. It addition, it is noted specific roof pitch provisions, including a 5 degree roof pitch, are not required within the Coastal Communities Local Area (currently Eastern Beaches Locality) under the draft New Noosa Plan. Length of Wall Probable Solution S39.1 a) of the Eastern Beaches Code states: Buildings and other structures are designed to— have a maximum wall length of 15m and each external wall plane incorporates at least one design element to add visual interest and amenity (such as windows, pergolas, sun shading devices, balconies or a change of building material). The proposed lower level wall on the western elevation of Villa 1 is 16.82 metres in length, with only a 0.95 metre long by 0.30m deep step in the wall, contrary to Probable Solution S39.1 and the wall length definition under The Noosa Plan (refer to Figure 19). Figure 19: Wall Length in Excess of 15m (Floor Plan and Elevation) The area of non-compliance is located internal to the site, adjacent to proposed Villa 2, and will not be easily viewable from the street frontages. The external facing walls are all less than 15m in length, and the total development is considered to comply with Specific Outcome O39 by addressing the streetscape, with Villa 1 orientated towards Ventura Street and Villa 2 orientated towards Margit Crescent, making use of balconies and eaves and proposing landscaping to provide visual relief and screening, including a fence proposed between the two Villas, along the full length of the non-compliant wall. In addition, the proposal includes well-articulated facades, and the proposed garages are not the dominant visual element when viewed from the street. The non-compliant wall length, being internal to the site, is not anticipated to result in any adverse impacts on residents or surrounding properties. Landscaping The proposed landscaping plan includes species not supported by Council. The following condition will be included on the approval: The development site must be landscaped. Landscaping plan A147 (Project number 5VEN dated 19/12/19) is not an approved plan. An updated Landscaping Plan, in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines for Coastal Beachfront Areas, must be submitted to Council prior to the issue of a Development Permit for Operational Works. draft planning scheme The draft Planning Scheme zones the subject site Medium Density Residential and the proposed use would be code assessable. This zone reflects the intent of the current zone under the existing Noosa Plan. The proposal complies with the height, setbacks and site cover requirements under the draft Planning Scheme, and does not stipulate specific roof form and eave requirements within this locality. Plot ratio requirements have reduced form 0.45:1 to 0.4:1 under the draft, therefore the proposal would not comply with plot ratio requirements. No changes to the assessment or recommendation would result under the New Noosa Plan. cONSULTATION Referral Agencies The applicant was referred to the following Referral Agencies: Department of Infrastructure, Local Government and Planning (SARA) The Department is a referral agency for Unexploded Ordinance. The Department responded imposing a condition that the applicant has to provide written confirmation to the Department of State Development, Manufacturing, Infrastructure and Planning by an approved contractor on the Australian Government, Department of Defence, Unexploded Ordnance (UXO) Panel that the subject site has been remediated and cleared of Unexploded Ordnances prior to the commencement of works. Other Referrals The application was forwarded to the following internal Council officers: Engineering Officer, Development Assessment conclusion & reasons for decision The proposed development generally complies with some of the requirements of the planning scheme, however does not comply with Specific Outcome O8 of the Eastern Beaches Locality Code. Due to the required changes to the plot ratio, it is recommended that a Preliminary Approval be issued. The Preliminary Approval requires a modified proposal plan reducing plot ratio to 0.45:1. A Preliminary Approval would require the applicant to submit a further development application which demonstrates compliance with the conditions of the Preliminary Approval. Alternatively, the applicant may lodge representations to the Preliminary Approval seeking that a Development Permit be issued. RECOMMENDATION With regard to Application No MCU19/0143 OPW19/0264 for a Material Change of Use - Multiple Housing - Type 2 Duplex situated at 5 Ventura St Sunrise Beach Qld 4567 and described as Lot 114 on RP132135, it is recommended the application be approved and a preliminary approval granted in accordance with the following details for the Decision Notice: application details Application No: MCU19/0143 Street address: 5 Ventura Street, Sunrise Beach Qld 4567 Real property description: Lot 114 on RP132135 Planning Scheme: The Noosa Plan (8 June 2018) Decision details Council decided to issue the following type of approval: Preliminary Approval for a Development Permit for a Material Change of Use - Multiple Housing - Type 2 Duplex and Operational Works (Driveway, Parking, Stormwater, Earthworks, Frontage Works and Landscaping) CURRENCY PERIOD of approval The currency period for this development approval is stated in the conditions below. assessment manager conditions PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE PLANNING General The applicant is required to submit a further code assessable application for a Development Permit for a Material Change of Use of - Multiple Housing - Type 2 Duplex and Operational Works (Driveway, Parking, Stormwater, Earthworks, Frontage Works and Landscaping) complying with the conditions of this Preliminary Approval. Prior to the issue of a Development Permit, plans listed within this Decision Notice must be amended to demonstrate compliance with the conditions of this Preliminary Approval and must include the following changes: The total plot ratio of the development must not exceed 0.45:1. Landscaping Plan A147 (Project number 5VEN dated 19/12/19) must be amended in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines for Coastal Beachfront Areas. Preliminarily Approved Plans The following plans must be amended prior to becoming approved plans. Plan No. Rev. Plan/Document Name Date Project No: 5VEN A101 20 Site Plan 19/12/19 Project No: 5VEN A102 20 Site Contours 19/12/19 Project No: 5VEN A103 20 Ground Floor Plan Villa 1 19/12/19 Project No: 5VEN A104 20 Ground Floor Plan Villa 2 19/12/19 Project No: 5VEN A105 20 First Floor Plan Villa 1 19/12/19 Project No: 5VEN A106 20 First Floor Plan Villa 2 19/12/19 Project No: 5VEN A107 20 North Elevation 19/12/19 Project No: 5VEN A108 20 South Elevation 19/12/19 Project No: 5VEN A109 20 East & West Elevation 19/12/19 Project No: 5VEN A110 20 Internal East Elevation 19/12/19 Project No: 5VEN A111 20 Internal West Elevation 19/12/19 Project No: 5VEN A116 20 Roof Layout 19/12/19 Project No: 5VEN A117 20 Section 1 19/12/19 Project No: 5VEN A118 20 Sections 2 – 3 19/12/19 Project No: 5VEN A119 20 Section 4 19/12/19 Project No: 5VEN A120 20 Section 5 19/12/19 Project No: 5VEN A121 20 Sections 6 - 7 19/12/19 Project No: 5VEN A122 20 Section 8 19/12/19 Project No: 5VEN A123 20 Section 9 19/12/19 Project No: 5VEN A124 20 Sections 10 - 11 19/12/19 Project No: 5VEN A125 20 Apex contoured sections 19/12/19 Project No: 5VEN A141 20 3D Views 1 19/12/19 Project No: 5VEN A142 20 3D Views 2 19/12/19 Project No: 5VEN A143 20 3D Views 3 19/12/19 Project No: 5VEN A144 20 3D Views 4 19/12/19 Project No: 5VEN A147 20 Landscaping plan 19/12/19 Nature and Extent of Approved Use The plot ratio of the development must not exceed 0.45:1. Currency Period The Currency Period for this preliminary approval lapses on 26 February 2022, unless an application to extend the currency period is approved by Council. Building Height The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level. Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice. Performance Bond Security in the form of a cash bond or trading bank guarantee to the sum of $20,000.00 must be submitted to Council, to secure performance of all conditions of this approval prior to a 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 An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater). A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site. Building Appearance All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties. 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. Protection of Privacy To ensure privacy is protected between adjoining properties, the windows located on both levels of the western elevation and the upper level eastern elevation of Villa 1, and on both levels of the eastern elevation of Villa 2 must either: have a minimum window sill height or 1.5 metres above floor level; be fitted with translucent glazing; or be fitted with a fixed external screen. The upper level balcony located on both Villas must include either balcony planter boxes, balustrading or fixed external screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property. Fencing and Walls Any new/replacement street fencing must be set back an average of 1 metre from the front property boundary. Any new/replacement fencing on the front boundary must either: not exceed a maximum height of 1.2m be of open construction. The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street. Clothes Drying Areas Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view. Community Management Statement Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment. All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice. Landscaping Works The development site must be landscaped generally in accordance with the approved plans. 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. ENVIRONMENTAL HEALTH Waste Storage The development must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. Noise Written certification is required from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following: Air-conditioning and Refrigeration 7am to 10pm: Maximum level allowable = background + 5dB(A) 10pm to 7am: Maximum level allowable = background + 3dB(A) Pumps 7am to 7pm: Maximum level allowable = background + 5dB(A) 7pm to 10pm: Maximum level allowable = background + 3dB(A) 10pm to 7am: No audible noise. The certification must be submitted to Council, which certifies that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice. Measurement of Noise Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with either: Australian Standard AS1055.1 “Acoustics–Description and measurement of environmental noise – General procedures”, or The relevant “Noise Measurement Manual” as provided by the Department of Environment and Heritage Protection. A qualified person is considered to be either: a Registered Professional Engineer of Queensland, or; an environmental consultant with a minimum of 3 years current experience in the field of acoustics. Environmental Protection The development should be undertaken in a manner that causes no unlawful environmental nuisance under the Environmental Protection Act 1994 by the creation of excessive noise, lighting, waste, atmospheric pollutants (including dust or odours) or other releases to the environment. In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint, cement, concrete, builder’s waste or other prescribed contaminants should not to be released to or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse. On the spot fines apply for such offences. Engineering External Works Both Ventura Street and Margit Crescent must be upgraded for the length of its frontages to the subject site. The works must be undertaken in accordance with this Decision Notice and must include in particular: construction of a 1.5m wide pedestrian footpath in accordance with the conditions of this Decision Notice; and removal of the existing property access and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed. Site Access and Driveways Sealed access driveways must be provided from Ventura Street and Margit Crescent to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with this Decision Notice. 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 this Decision Notice. Electricity and Telecommunication Services Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications. Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction. 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 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. 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. preliminary approval for Operational Work General The applicant is required to submit a further code assessable application for a Development Permit for a Material Change of Use of - Multiple Housing - Type 2 Duplex and Operational Works (Driveway, Parking, Stormwater, Earthworks, Frontage Works and Landscaping) complying with the conditions of this Preliminary Approval. Prior to the issue of a Development Permit, plans listed within this Decision Notice must be amended to demonstrate compliance with the conditions of this Preliminary Approval and must include the following changes: Landscaping Plan A147 (Project number 5VEN dated 19/12/19) must be amended in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines for Coastal Beachfront Areas. Preliminarily APPROVED PLANS The following plans must be amended prior to becoming approved plans.. Plan No. Rev. Plan/Document Name Date 3479-OP2 X – For Construction Stormwater Drainage Plan Prepared by Construction Hydraulic 17/10/2019 19544-C2 A Driveway and Footpath Site Plan Prepared by RIENMAC Pty Ltd 24/01/2020 Project No: 5VEN A147 20 Landscaping plan 19/12/19 CURRENCY PERIOD The Currency Period for this preliminary approval lapses on 26 February 2022, unless an application to extend the currency period is approved by Council. SITE SPECIFIC CONDITIONS Prior to the prestart meeting, provide certification from the supervising RPEQ confirming that the existing side pit, to which the development’s stormwater is to be discharged, is designed to cater for the volumes generated by the post-developed site. PRIOR TO COMMENCEMENT OF WORKS Engineering Submit amended plans to Council as described in the List of plans requiring amendments. Plans must be submitted and approved prior to the pre-start meeting. 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: Traffic Management during all aspects of the construct phase including: A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction; Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased; Proposed fencing to the site during the construction phase of the development; Adequate parking arrangements for construction workers; No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off. Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures; Works programme identifying key components of the works and their respective durations; Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues; identification of complaint management procedures including: contact details for the on-site manager; dispute resolution procedures. 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 Landscape works must be undertaken in accordance with this Decision Notice. DURING CONSTRUCTION Engineering 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. 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. MCU19/0143 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. Pavement Design and Construction Pavement design for privately owned works must be undertaken in accordance with the relevant standards. Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ. Works within Road Reserve/Reinstatement Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with. All frontage works must match neatly with existing road and verge/footpath features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles. Electrical conduits or other services proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council. Pathways All pathways must be constructed in accordance with the following requirements: All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065; Provision must be made for disabled access at all kerb crossings associated with pathways, in accordance with Council's current standards; All paths must have a slip resistant surface; Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth ride for cyclists; The required work includes any modifications to ensure the footpath finishes flush with all existing service covers and the like, or alternatively these services are raised or altered, so as not to create a pedestrian safety hazard. Pathways must: terminate in a manner that ensures smooth transition to existing surfaces for public safety; be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS1428 Design for access and mobility. Site Access and Driveways Driveway crossovers must be constructed in accordance with council’s Standard Drawings RS-049 and RS-050 and respective addendums. Any existing unnecessary or redundant property accesses must be removed, and the kerb, footpath and verge area reinstated to match the existing footpath and/or verge treatments. Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed or turf, and must be maintained by the developer until established. The following must be complied with during the construction of the required crossover/driveway: The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete; The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties; Where there is an existing pedestrian path, a matching crossfall must be provided for the driveway on the alignment of the path, for the full width of the path; The property access must be located a minimum of 1m clear of existing power poles, streetlights or other signage. The developer is responsible for any necessary relocation of existing services to provide this clearance and must contact the relevant service authorities and comply with their requirements in relation to these works. Earthworks and Retaining Walls All earthworks must be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 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 signing the Plan of Survey. 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. Prior to the completion of the development, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium- to long-term (refer to E&SC Advisory Notes). 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. Environment Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) 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. Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards (refer to advisory notes). Landscape The development site must be landscaped. An updated Landscaping Plan, in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines for Coastal Beachfront Areas, must be submitted to Council prior to the issue of a Development Permit for Operational Works. 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. Damage to Services and Assets Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times: where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or where otherwise, upon completion of the works associated with the development. Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval. FOLLOWING CONSTRUCTION / PRIOR TO THE ON-MAINTENANCE INSPECTION 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 must 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 5 – Engineering Design Standards – Roads, Drainage and Earthworks”, 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 prior to commencement of the use. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council: certification that all works have been undertaken and completed in accordance with the requirements of this Permit; as Constructed details in accordance with Council’s Planning Scheme Policy; maintenance and operational manuals for all proprietary or site specific devices. Off Maintenance Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection. A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where: a Council inspection reveals works do not comply with approval requirements; submitted certification falsely states works comply with approval requirements. referral agencies The referral agencies applicable to this application are: Referral Status Referral Agency and Address Referral Trigger Response Concurrence SARA Schedule 10, Part 4, Division 2, Table 1 - Areas with substantial potential for Unexploded Ordinance (UXO) The agency provided its response on 15 January 2020 (Reference No. 1912-14708 SRA). A copy of the response is attached Advisory notes The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions: PLANNING Resubmission of Amended Plans Required The conditions of this Decision Notice require resubmission of plans to Council with amendments. Please address the amended plans to Council’s Planning Assessment Branch with the Reference No. MCU19/0143. However, should the plans not be submitted, the applicant is advised that a Preliminary Approval may be issued in lieu of a Development Permit. Aboriginal Cultural Heritage Act 2003 There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act). The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage. You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act. Development Compliance Inspection Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection. Nature and Extent of Approved Development Should the outstanding matters raised in this approval be addressed to Council’s satisfaction, Council may change the approval to a Development Permit through the Negotiated Decision Notice process. Infrastructure Charges Development charges associated with future applications for Development Permits arising from this Preliminary Approval must be paid in accordance with the relevant instrument applicable at the time of subsequent approval/s and indexed until the time payment. Sustainability In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes Environmental health Acoustic Advice & Design It is highly recommended that the developer seek the advice and design input of a qualified acoustic consultant at the plan development stage to ensure the development does not cause a noise nuisance under the Environmental Protection Act 1994. Attention should be given to the following (but not limited to): building design and construction design, selection and installation of fixed plant and equipment he location of air conditioning and heating units, refrigeration plant, pumps, mechanical exhausts and plant rooms etc the use of acoustic enclosures/screens around noisy plant and equipment. operating times. Engineering Performance Bond 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 5 Engineering Design Standards – Roads, Drainage and Earthworks. Alternatively the developer may submit a separate “maintenance bond” at the completion of the works. The bond amount will be: 5% of the agreed value of the works or $1500, whichever is the greater amount Building and Construction Industry (Portable Long Service Leave) Levy The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855. Private Infrastructure All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority 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: the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2 or other superseding document subsequently adopted by Council; Best Practice Erosion and Sediment Control, International Erosion Control Association (2008). As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the 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. 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 a Material Change of Use Multiple Housing - Type 2 Duplex Development Permit for Operational Works Driveway, Parking, Stormwater, Earthworks, Frontage Works and Landscaping 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. 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