Delegated Report - Code - Planning MCU22 0003

Author	Development Planner - Nadine Gorton
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0003 OPW22/0014
Applicant	Maroolingar P/L TTE
Proposal	Material Change of Use - Caretaker’s accommodation, Low impact industry
Properly Made Date	11 January 2022
Information Request Date	9 February 2022
Information Response Date	29 April 2022
Decision Due Date	17.06.2022
Report Completed Date	4.07.2022
Report Reviewed By	Lisa Pienaar

PROPERTY DETAILS
Property Address	3 Taylor Ct Cooroy Qld 4563
RP Description	Lot 4 SP 324340
Land Area	5677.0000 m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban
Zone	Low Impact Industry
Precinct	Not Applicable
Local Plan Area	Cooroy
Overlays	Bushfire Hazard Overlay – Potential Impact Buffer Landslide Hazard Overlay – Moderate Hazard Area and High Hazard Area Regional Infrastructure Overlay – Water Supply Buffer Area
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Low impact industry and Operational Works. The application initially included a proposal for Caretakers Accommodation however this component was deleted from the plans in response to Councils information request.
The proposal comprises a two storey industrial building located across the site serviced by an internal loop driveway. Landscaped setbacks are provided to the Taylor Court frontage and rear of the site. Twelve tenancies are detailed on the plans providing a gross floor area of 2,673.66m2 and a site cover of 43%. The gross floor area of the development is detailed below:

The proposed development proposes a modern industrial building utilised a muted colour scheme.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations

Figure 5 – Renderings
site details
Background
On 12 July 2006 an approval was issued by Noosa Council for a Preliminary Approval for Material Change of Use Overriding the Planning Scheme and Reconfiguration of a Lot (1 into 6 lots) lodged by State Development in response to a need for planned industrial land in the Cooroy area (file ref: 132005.2159 - 2005/2159).  At the Ordinary Meeting of 30 November 2006 Council agreed to issue a Negotiated Decision Notice which required an amended plan detailing a 10 metre wide landscaped buffer to Holts Road to visually screen the development from the Bruce Highway. It is noted that the consideration of the representations to the Preliminary Approval, saw Council delete the requirement for a further development permit for Reconfiguring of a Lot to facilitate the swift delivery of the industrial development.
The plan of subdivision was endorsed in 2008.
On December 2020, a Development Permit for Reconfiguring a Lot – (1 into 4) Industrial & OPW20/0144 and Development Permit for Operational Works – Civil Works and Landscape Works was approved (RAL20/0017).   The approval required a 10 metre wide landscape buffer to be provided along the frontage to Holts Road planted in accordance with the approved plans.
The application, the subject of this assessment was lodged 11th January 2022 and an information request issued 9th February 2022. The applicant responded to the information request on 28th April 2022 and provided amended plans deleting reference to the caretakers and providing further plans and engineering details. Further information regarding the external presentation of the development and colour scheme was submitted on 28th June 2022.
Site Description
The site is an irregular triangular shaped lot located of the southern side of Taylor Court. The is gently undulating falling from the front boundary down to the rear. The site is devoid of vegetation.
Surrounding Land Uses
The site is located within Taylor Court which comprises industrial sheds and undeveloped industrial land. Two lots abutting the site (lots 2 and 3) to the east of the site have been approved for industrial sheds under MCU21/0206 and OPW21/0341 whilst an application over Lot 1 is still under consideration. A rendering of the approved development of lots 2 and 3 is included below.

Figure 6 – Lot 2 and 3 - Approved development
The subject site adjoins Lot 5 to the west which has also been approved for industrial buildings under MCU18/0120. A rendering of the approved building is provided below.

Figure 7 – Lot 5 - Rendering of Approved Development
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:
Low Impact Industry Zone Code;
Cooroy Local Plan Code;
Industry Activities Code;
Works Codes.

The subject site is located in Cooroy and is zoned Low Impact Industry.  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
Landscaped open space	850.8m2 (15%)	1578m2 (27%)	
Building height storeys metres	2 storeys max 10 metres	2 8.4 metres	
Boundary setbacks Frontage (Taylor Court) Side (east) Side (west) Rear	6 metres 0 metres 0 metres 3 metres	6 metres 0 metres 0 metres 10 metres	
Carparking	32 uncovered	32 spaces (plus 11 tandem spaces - non compliant with scheme provisions)	
Motorbike Spaces	8	8	
Bicycle Spaces	10	0	x

Built Form and Streetscape
PO10 of the Low Impact Industry zone code requires that buildings and structures have a scale and building height consistent with development on adjoining and surrounding land and do not present an appearance of bulk to roads or other areas in the vicinity of the site. AO15.1 and AO15.2 further detail that development is to provide interest to the street and be articulated and use of mix of materials and design techniques to soften the bulk and scale of the building.
In response to Councils information request, the applicant has submitted amended plans that includes additional articulation along the north-eastern façade that adjoins an easement/ service driveway on the neighbouring site. The proposed external treatment includes a varied roof form as well as expressed joints and additional landscaping.  The submitted renderings detail the use of a range of muted colours however a detailed colour scheme has not been provided. The applicant has advised that they are willing to accept a condition in relation to the provision of a colour scheme prior to issue of building approval.
The proposed buildings therefore comply with planning scheme requirements in relation to built form and streetscape.
Landscaping
Acceptable outcomes AO23.1 of the Low Impact Industry zone code requires a minimum of 15% (850m2) of the site to be landscaped with a minimum of 60 % forward of the building line and visible from the street.   The proposal includes 187 m2 of landscaping to the Taylor Street frontage which is less than that stipulated in the planning scheme. Due to the triangular shape of the lot, the narrow frontage and the location of the sewer pump station in front of the development, the proposed landscape treatment and area of landscaping are considered to meet  Performance Outcomes PO23 and provide appropriate screening to the road network and the buildings.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Amanda Turner – Landscaping conditions recommended
Mark Lewis – Engineering conditions recommended
Other Referrals
The application was forwarded to Leon Rowlands of Switchback Consulting for review. Further information was requested with reference to the Bioretention basin and the Detention Tank as part of Councils information request with plans and a reviewed report provided by the applicant. Switchback Consulting advise that the reviewed information addresses the concerns raised in the information request and conditions have been suggested to be included in the approval.
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 MCU22/0003 and OPW22/0014 for a Material Change of Use - Low impact industry situated at 3 Taylor Ct Cooroy Qld 4563 and described as Lot 4 SP 324340, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0003 & OPW22/0014
Street address:	3 Taylor Ct Cooroy Qld 4563
Real property description:	Lot 4 SP 324340
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 - Low impact industry
Operational Works (Access and parking, stormwater, earthworks and landscaping)
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
MATERIAL CHANGE OF USE
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.
Sheet No.	Rev.	Plan/Document Name	Date
WD.101	DA3	Cover Sheet prepared by ADG	29.04.2022
WD.102	DA3	GFA and Site cover prepared by ADG as amended by Council	29.04.2022
WD.201	DA3	Main Level Plan prepared by ADG	29.04.2022
WD.202	DA3	Mezzanine Plan prepared by ADG	29.04.2022
WD.203	DA3	Roof Plan prepared by ADG	29.04.2022
WD.501	DA3	Elevations prepared by ADG	29.04.2022
WD.601	DA3	Sections prepared by ADG	29.04.2022
Currency Period
This development approval lapses if the use has not happened by 4th July 2028, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
Any retail sale of goods and/or administration uses must remain an ancillary component to the approved industrial use.
The combined gross floor area (GFA) of any retail and administration components must not exceed 40% of the total GFA of the tenancy, with either individual component not exceeding 30% of the GFA of the tenancy.
The approved tenancies must not be used as a self-storage facility.
The approved industrial activities must be operated in a manner to avoid noise emissions that unreasonably diminish the amenity of the area or surrounding uses.
Building Height
The maximum height of the development must not exceed 10 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.
Building Appearance
The development must be finished with subdued external building colours. A colour scheme must be submitted to and approved by Council prior to issue of Building Approval. Appropriate colours may include:
green;
olive green;
blue green;
grey green;
green blue;
indigo;
brown;
blue grey; and
green yellow.
The colour scheme is to detail the use of different colours for the different sections of the building.
Additional external screening or an awning is to be provided over the front north-eastern window of Unit 1.
Should the construction of the proposed building works commence prior to building works on Lot 1 SP324340 and Lot 2 on SP324340, the eastern side of the buildings (units 1 to 5) must receive at least 3 different treatments (material/colour/texture) to ensure the walls do not present as blank walls to the surrounding road network.
All mechanical equipment and other service infrastructure located on the site must be:
located not less than 2 metres from a property boundary; and
fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties. Where screened by landscaping, landscaping beds must be at least 1.5 metres wide.
All waste storage areas must be screened from the street and adjoining property by buildings, landscaping or fencing.
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.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 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.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and PSP2 - Landscaping for that specific area and must include in particular:
the works shown on the Approved Plans;
control of all weeds species listed in the following standards and legislation;
declared plants under the Land Protection (Biodiversity Act 2014 and sub-ordinate Regulation 2016);
Noosa Local Government Area Pest Management Plan 2015-2019.
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.
Site Access and Driveways
A sealed access driveway must be provided from Taylor Ct to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with the conditions of this decision notice and must include in particular:
a. driveway crossover in accordance with council’s standard drawing RS-051
Car Parking
A minimum of 32 car parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business. The works must include in particular:
8 visitor parking spaces (marked shared carpark) within the total, which are clearly marked for that purpose and accessible at all times for visitor use
1 disabled parking space/s within the total
dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004 Parking Facilities
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Service Vehicles
Service vehicle parking, manoeuvring, and standing spaces must be provided on the site in accordance with the approved plans.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must include in particular:
signage and lighting at strategic locations to direct people to building entries and public toilet facilities
total of 10 bicycle parking spaces.
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.
A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with the conditions of this decision notice and the Bioretention Technical Design Guidelines (Water by Design, 2012)
The development must be provided with approved Permanent signage to educate the public on the function of the bioretention basin. The wording for the signage for each bioretention basin is to include: “BIORETENTION BASIN - This bioretention basin reduces the pollution of our waterways by reducing the amount of heavy metals, litter, suspended solids, and nutrients discharged to our waterways”.
All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The approved Operational Works drawings for the stormwater quality treatment system and detailed life cycle costing of the system must be attached as an addendum to this document. Records of all maintenance activities undertaken must be kept and made available to Council upon request.
Any proposed Community Management Statement required for the development must include Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) and must include the full cost of maintaining the system in accordance with Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The cost of maintaining the system must be included in the proposed levies for each unit owner.
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 earthworks and associated retaining structures/batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
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.
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
R03	C	“Overall Layout Plan”, prepared by Barlow Shelley	04/04/2022
R04	B	“Earthworks Layout Plan” Prepared by Barlow Shelley	10/03/2022
R05	B	“Earthworks Sections” Prepared by Barlow Shelley	04/04/2022
R06	C	“Roadworks and Stormwater Drainage Detail Plan” Prepared by Barlow Shelley	04/04/2022
R07	C	“Bio Retention Basin Layout Plan Details And Sections” Prepared by Barlow Shelley	04/04/2022
LD1	B	General Notes – prepared by Anembo Consultants	28.04.2022
LD2	B	Project Specifications – prepared by Anembo Consultants – as amended	28.04.2022
LD3	B	Plant schedule – prepared by Anembo Consultants – as amended	28.04.2022
LD4	B	Typical Details – prepared by Anembo Consultants – as amended	28.04.2022
LP1	B	Landscape Construction and Setout – prepared by Anembo Consultants – as amended	28.04.2022
LP2	B	Landscape Construction and Setout – prepared by Anembo Consultants– as amended	28.04.2022
LP3	B	Landscape Construction and Setout – prepared by Anembo Consultants – as amended	28.04.2022
Currency Period
The Currency Period for this development approval lapses if the development has not substantially started by 4th July 2024, unless an application to extend the currency period is approved by Council.
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:
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.
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;
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details;
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details;
identification of complaint management procedures including:
contact details for the on-site manager;
dispute resolution procedures;
For haulage operations involving significant volumes of fill material or excavated material being transported onto or off the site: details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.  NB any damage to the existing road system as a result of haulage operations must be fully repaired at the applicant’s expense.
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
LANDSCAPE CONDITIONS
All landscaping must be completed prior to release of the sealed plan of survey unless otherwise approved by council in writing.
The landscape plans are amended as follows:
Plant Schedule 1 – General
Delete Tibouchina Alstonville and replace with Melastoma affine or Cupaniopsis anacardioides
Delete Wodyetia bifurcate and replace with Livistonia australis
Delete Philodendron Xanadu and replace with Lomandra species
Delete Agapanthus preacox and replace with Dianella species
Delete Lirope muscari and replace with Lomandra or Dianella species
Delete Trachelospermum tricolour and replace with Pandorea jasminoides, Tecomanthe hillii, Pararistolochia praevenosa
Delete Tulbachia violacea and replace with Eriostemon spp., Helichrysum spp, Pultenea spp.
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;
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.
Site Access and Driveways
Driveway crossover must be constructed in accordance with council’s Standard Drawing RS-051.
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; and
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.
Development works must not undermine or impose additional loads to the adjacent lot’s driveway pavements.
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.
Bioretention Device
During construction and establishment of the bioretention devices, the supervising RPEQ must ensure that the device was constructed in accordance with the document Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009) and that the forms contained in section 3.15 including the associated supporting information and data are completed. These forms and certification from the RPEQ that the device has been constructed in accordance with the Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009), all conditions of approval, and the approved engineering drawings must be submitted to Council prior to commencement of use.
A construction hold point with a council delegate must be established once the bioretention device underdrainage pipe work is installed. At the time of inspection, a sample of the drainage layer, transition layer, and filtration media materials must be stockpiled on-site.  Laboratory results must be provided for the filter media which demonstrate that the media complies with the specifications contained in the latest version of the “Guidelines for Soil Filter Media in Bioretention Systems” (produced by the Facility for Advancing Water Biofiltration) and that the minimum hydraulic conductivity specified on the approved engineering plans will be achieved. In addition, laboratory results must be provided demonstrating that the transition layer and drainage layer meet the following bridging criteria:
D15 (drainage layer) ≤ 5 × D85 (transition layer)
D15 (transition layer) ≤ 5 × D85 (filter media)
The drainage layer, transition layer, and filtration media materials must not be installed until the catchment draining to the bioretention device has 70% groundcover as determined by Council’s delegate.
Prior to the issuing of a final compliance certificate, council must receive evidence that the results for the in-situ hydraulic conductivity testing conducted in accordance with FAWB PRACTICE NOTE 1: In Situ Measurement of Hydraulic Conductivity Belinda Hatt, Sebastien Le Coustumer April 2008 for the bioretention filter media achieve the design criteria.
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.
Damage to Services and Assets
82. 	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
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
FOLLOWING CONSTRUCTION / PRIOR TO COUNCIL CONDUCTING FINAL 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.
Final Inspection
A final inspection and approval of the works and completed reinstatement works by Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the inspection.
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:
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
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
General Advisory Notes
As the works are private structures, the owner bears full responsibly for the standard of its construction, maintenance and any liabilities associated with its construction. It is recommended that professional advice be sought for the construction of the works.
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 6500 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 final inspection:
Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual; and
Stormwater runoff from the site is not currently, and is not likely to result in visible evidence of sedimentation or erosion, or lead to water contamination.
If at the time of request for plan sealing, the method of short-term stabilisation has not achieved a level of stability that Council's Officers believe will have a high probability of achieving long term stability (i.e. until house construction has occurred on all lots), Council Officers may take the following matters into consideration in determining whether the site is capable of achieving medium to long-term stability:
evidence that the site has been effectively stabilised in the short term;
evidence that soil has been adequately ameliorated;
evidence that seed of annual and perennial grass species has been applied at an adequate rate; and
that grass seed has germinated at a density that is likely to achieve an effective grass cover.
Retention of Existing Trees
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.
Qualified Person
Qualified Person, for the purpose of:
Supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three years current experience in the field of landscape design.
Undertaking landscape construction and establishment works is considered to be a person with five years current experience in commercial landscape construction projects.
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 Specifying Trees – a guide to assessment of tree quality (NATSPEC) assessment and either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Landscape Works
The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges Register where:
An inspection revealed that any constructed landscape works do not comply with the conditions of the Decision Notice, Approved Plans and or Approved Documents.
Certification is submitted to Council falsely stating that works comply with the approved plans, documents and or conditions of the Decision Notice.
property notes
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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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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