Decision Notice - Approved by Delegation of Authority RAL20 0017

Officer: 	Patrick Murphy
Direct Telephone: 	5439 6436
Our Reference:	RAL20/0017; OPW20/0144
Your Reference:	19417
4 December 2020
Hass Holdings Pty Ltd TTE
C/- Project Urban
PO Box 6380
MAROOCHYDORE  QLD  4558
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 3 December 2020, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	RAL20/0017
Street address:	1 Taylor Ct Cooroy Qld 4563
Real property description:	Lot 6 SP 197517
Planning Scheme:	Noosa Plan 2020 (31 July 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot – Industrial
Development Permit for Operational Works – Civil Works and Landscape Works
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
RAL20/0017 RECONFIGURING A LOT CONDITIONS
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for plan sealing.
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
180308_008_PRO	C	‘Plan of Proposed Lots 1-4 & Easements AD & AE’ prepared by Bennett & Bennett as amended in red by Council	24/04/2020
2020057-LS-000	02	‘Lot 1 Taylor Court, Cooroy’ prepared by Place Design Group	13.10.2020
2020057-LS-001	02	‘General Specification’ prepared by Place Design Group	13.10.2020
2020003-LS-201	02	‘Surfaces Plan’ prepared by Place Design Group	13.10.2020
2020003-LS-202	02	‘Surfaces Plan’ prepared by Place Design Group	13.10.2020
2020003-LS-203	02	‘Surfaces Plan’ prepared by Place Design Group	13.10.2020
2020003-LS-601	02	‘Planting Plan’ prepared by Place Design Group	13.10.2020
2020003-LS-602	02	‘Planting Plan’ prepared by Place Design Group	13.10.2020
2020003-LS-603	02	‘Planting Plan’ prepared by Place Design Group	13.10.2020
2020057-LS-901	02	‘Softscape Details’ prepared by Place Design Group	13.10.2020
2020057-LS-902	02	‘Softscape Details’ prepared by Place Design Group	13.10.2020

All lot numbering on the subdivision plan to be submitted to Council for the plan sealing application must remain as shown on the Approved Plans.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by the expiration of six (6) years from the commencement of this approval unless an application to extend the currency period is approved by Council.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to each lot 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 each lot.
Performance Bond
Prior to arranging a Prestart meeting for the operational works, a security bond in the form of a cash bond or trading bank guarantee to the sum of $12,000 must be submitted to Council, to secure the performance of all conditions of this approval.  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 Sensitive Urban Design
Driveway runoff must be directed via a grassed stormwater polishing swale in proposed Lot 4, established and maintained with dimensions 30m long, min grade 1%, min 300mm deep, 1 in 4 sides and grass growth maintained between 0.05m and 0.5m, generally as shown on Stormwater Drainage Catchment Plan for Proposed Industrial Development at 1 Taylor Court, Cooroy for Bullgate Pty Ltd Job No 2023 Drawing Number R10 Rev B dated 14 October 2020.
Prior to release of the survey plan, the supervising RPEQ must certify that all hardstand areas of the development drain to the stormwater polishing device designed and constructed in accordance with all relevant conditions of this approval, the Water by Design Bioretention Technical Design Guidelines, relevant aspects of the IPWEAQ Standard Drawing WSUD-drawing series and Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009).
The site must be managed to achieve no worsening of water quality compared to the predevelopment scenario.  Future development of allotments must be in accordance with Operational Works Applications for drainage that include industry approved water quality modelling which demonstrate the respective development will achieve no worsening of water quality.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point/s of discharge.  The works must be carried out in accordance with the Operational Works’ approved plans and conditions of this permit.
Site stormwater drainage and driveway runoff must be directed via a grassed stormwater polishing swale established on  Lot 4 and maintained with dimensions 30m long, min grade 1%, min 300mm deep, 1 in 4 sides and grass growth maintained between 0.05m and 0.5m, generally as shown on Stormwater Drainage Catchment Plan for Proposed Industrial Development at 1 Taylor Court, Cooroy for Bullgate Pty Ltd Job No 2023 Drawing Number R10 Rev B dated  14 October 2020, prepared by Barlow Shelley Consulting Engineers.
Prior to release of survey plan/s, the supervising RPEQ must certify that all hardstand areas of the development drain to the stormwater polishing device designed and constructed in accordance with all relevant conditions of this approval, the Water by Design Bioretention Technical Design Guidelines, relevant aspects of the IPWEAQ Standard Drawing WSUD-drawing series and Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009).
The site must be managed to achieve no worsening of water quality compared to the predevelopment scenario.  Future development of allotments must be in accordance with Operational Works Applications for drainage that include industry approved water quality modelling which demonstrate the respective development will achieve no worsening of water quality.
Electricity and Telecommunication Services
Reticulated electricity, lighting and telecommunication services must be provided to the site in accordance with the applicable standards and the requirements of the relevant service providers.
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 to all individual proposed lots.
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 legislations at the time of construction in relation to the proposed lots.
Site Access and Driveways
Sealed access driveways must be provided generally in accordance with the approved plans and in accordance with the Operational Works conditions of this permit. The works must include in particular crossover in compliance with IPWEA Standard Drawings RS-051 for commercial vehicle.
Easements
Easement for shared access must be created as shown on the approved plans unless amended by these conditions.
Easements must be created over all existing and proposed public infrastructures within the site if not already created unless approved otherwise in writing by the respective service authority.
Drainage easement/s encompassing stormwater drainage infrastructure to facilitate maintenance and runoff from the access road to, and including, the stormwater polishing swale on Lot 4 must be established prior to sealing of the survey plan and allocated in favour of benefitted lots whose owners will be responsible for all the maintenance needs in accordance with the terms of the easement/s which shall reflect these requirements.
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 prior to sealing of the plan of survey.
All works, services or infrastructure not intended to be protected by existing and proposed easements must be kept clear of the easement areas on the subject land, unless agreed otherwise in writing by the Grantee.
LANDSCAPING
The full frontage of the site facing Holts Road shall be planted with a landscape buffer with a minimum width of 10 metres to provide visual screening of the site from the Bruce Highway and Holts Road.
The landscaping buffer along Holts Road shall remain unbroken by driveways or other vehicle-scale access points.
Landscape species and density in the landscape buffer and the southern embankment shall be sufficient to achieve a foliage cover of 50% of the landscaped area within 2 years of planting.
The landscaping must be completed prior to sealing of the plan of survey.
Landscaping must be provided and maintained in accordance with the approved plans and the conditions of this approval for the life of the development.
OPW20/0144 OPERATIONAL WORKS CONDITIONS
APPROVED PLANS
Development works 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/Drw No.	Rev.	Plan Title	Date
2023 – R01	B	[Cover Sheet] Locality Plan and Schedule of Drawings,  prepared by Barlow Shelley Consulting Engineers	Not dated
2023 – R02	B	General Notes,  prepared by Barlow Shelley Consulting Engineers	14/10/2020
2023 – R03	B	Existing Site Conditions,  prepared by Barlow Shelley Consulting Engineers	14/10/2020
2023 – R04	B	Overall Development Layout,  prepared by Barlow Shelley Consulting Engineers	14/10/2020
2023 – R05	B	Earthworks, Erosion & Sediment Control Plan ,  prepared by Barlow Shelley Consulting Engineers as amended in red by Council	14/10/2020
2023 – R07	B	Typical Site Cross Sections,  prepared by Barlow Shelley Consulting Engineers	14/10/2020
2023 – R08	B	Roadworks and Drainage Detail Plan,  prepared by Barlow Shelley Consulting Engineers	14/10/2020
2023 – R09	B	Access Driveway Longitudinal Section, Cross Sections and Details,  prepared by Barlow Shelley Consulting Engineers	14/10/2020
2023 – R10	B	Stormwater Drainage Catchment Plan and Longitudinal Section,  prepared by Barlow Shelley Consulting Engineers	14/10/2020
2020057-LS-000	02	‘Lot 1 Taylor Court, Cooroy’ prepared by Place Design Group	13.10.2020
2020057-LS-001	02	‘General Specification’ prepared by Place Design Group	13.10.2020
2020003-LS-201	02	‘Surfaces Plan’ prepared by Place Design Group	13.10.2020
2020003-LS-202	02	‘Surfaces Plan’ prepared by Place Design Group	13.10.2020
2020003-LS-203	02	‘Surfaces Plan’ prepared by Place Design Group	13.10.2020
2020003-LS-601	02	‘Planting Plan’ prepared by Place Design Group	13.10.2020
2020003-LS-602	02	‘Planting Plan’ prepared by Place Design Group	13.10.2020
2020003-LS-603	02	‘Planting Plan’ prepared by Place Design Group	13.10.2020
2020057-LS-901	02	‘Softscape Details’ prepared by Place Design Group	13.10.2020
2020057-LS-902	02	‘Softscape Details’ prepared by Place Design Group	13.10.2020
ENGINEERING
Prior to Commencement of Works
Any required public service approval and/or a conflict between the proposed development works and an existing or proposed service must be referred to the relevant service authority for determination prior to the prestart meeting.
Any filling and structural wall over an existing sewer main must comply with Unitywater requirements. Where applicable, a written approval in this regard must be obtained from Unitywater and submitted to Council prior to requesting 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.
Stormwater drainage works.
Erosion and sediment control works.
Landscaping works.
* Refer to Advisory Notes
At least 5 working days prior to any works commencing, written advice must be provided to Council detailing:
The name, contact details and ACN for the supervising Registered Professional Engineer of Queensland (RPEQ) and Principal Contractor.
Proposed dates for commencement and completion of construction.
The principal contractor must have all the appropriate insurance and public liability documentation to carry out the works. The principal contractor is also responsible to ensure that any subcontractors also have the appropriate insurance and public liability documentation. Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to Council in writing within 5 business days of the change occurring.
Condition report/s including photographs must be completed and submitted to Council prior to the prestart meeting and prior to any works commencing:
The leading road to the site (Taylor Court)
The frontage of the site including kerb line.
All fences and retaining walls bordering the site
Any existing works, buildings and structures on the adjoining properties that could potentially be destabilised or impacted on by the proposed operational works.
A Construction Management Plan must be submitted to Council for approval prior to the prestart 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 commencing.
Where applicable, details on the location of imported fill sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.
NOTE: any damage to the existing road system as a result of haulage operations and construction works must be fully repaired at the developer’s expense
Maintenance of safe pedestrians and cyclists access across the frontage of the site both during daily construction and after daily construction has ceased for all stages of development.
Fencing to the site during the construction phase of the development.
Providing safe and adequate parking arrangements for all machinery and cars during construction phase without adversely impacting on the traffic flows and traffic safety on the leading/local roads or shared access roads.
Effective procedures and measures to minimise adverse environmental impact on other properties and roads users including noise and dust emission.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures (also refer to Erosion & Sediment Control conditions).
Works programme identifying key components of the works and their respective durations.
Establishment of a communication and contact protocol with the neighboring owners, to advise of construction times, impacts on traffic and services and other relevant issues.
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.
During Construction
General
All frontage works must match neatly with existing road and verge/footpath features. Where required, additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Any damage caused to Council or public assets and/or common property assets as a result of the development works must be repaired by the developer/applicant 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.
All operational 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 completed engineering works conform to the conditions of this Operational Works permit and the intent of the engineering design.
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.
Provision of the Work Health and Safety Act and such other legislation as is applicable to workplace health and safety.
Erosion & Sediment Control
Earthworks and the implementation of erosion and sediment controls are undertaken in ways which ensure flooding characteristics (including stormwater quantity characteristics) external to the development site are not worsened during construction for all events up to and including the 1% AEP (1 in 100 year ARI) event.
Drainage paths must be regularly inspected to ensure the sediment fences/measures are not being bypassed as a result of sediment build up. Sediment laden runoff must be prevented from leaving the subject site and entering neighbouring properties and/or stormwater systems.
Soil exposure must be limited on the site to a distance of no more than 2m beyond the extent of earthworks shown on the approved plans except where the exposed soil is effectively stabilised without delay and prior to rainfall occurring.
A log book for the Erosion and Sediment Control measures and inspections must be maintained by the site manager and made readily available to Council when requested. The supervising engineer must verify and endorsed the E&SC measures upon their installation, and periodically check these measures and the log book during construction and the stabilisation stages. Any defects in erosion and sediment control devices, such as sediment fences, are to be inspected and documented. Upon Inspection, the contractor is to determine whether the device should be replaced or repaired. Documentation is to include how the damage was caused and what measures can be implemented to reduce the possibility of repeat occurrences. Any damage to either permanent or temporary water quality control structures or devices is to be immediately rectified at the contractor’s expense.
The effectiveness of the erosion and sediment control devices must be monitored. All ESC measures are to be inspected:
at least daily (when work is occurring on site) or weekly (when work is not occurring on site); or
within 24 hours of expected rain; or
within 18 hours of a rainfall event (i.e. an event of sufficient intensity and duration to mobilise sediment on site).
A Certified Professional in Erosion and Sediment Control (CPESC) must be engaged to inspect the construction activities on a weekly basis and certify that the all construction activities associated with the development are managed to achieve all desired outcome of Appendix 2, Table A Part 1 of the State Planning Policy. Evidence of engagement of the CPESC in accordance with this condition must be provided to Council Officers prior to the pre-start meeting. The frequency of inspections may be paused from time to time on written agreement with Councils Supervising Engineer where installed sediment and erosion controls are demonstrated to be able to prevent all sediments releasing from site during the requested pause period.
A construction hold point with a council delegate and supervising Certified Professional in Erosion and Sediment Control (CPESC) must be established prior to commencement of cut to fill earthworks for each stage of the development. The hold point must be held as soon as reasonably practical and prior to the first rain event forecast following removal of soil stabilising material for each stage. At the hold point inspection, all required sediment basins, drains and bunds to divert waters away from disturbed soil or soils about to become exposed through cut to fill activities must be installed. All areas that will not require earthworks in the imminent cut to fill operation must be stabilised to prevent entrainment of sediments into receiving waters.
Cut to fill earthworks must not commence until after the engaged CPESC has certified that all installed erosion and sediment controls required by this approval are sized in accordance with conditions of the approval and the written acceptance of the certification is provided to the supervising RPEQ by Council officers.
Offsite run-off must be diverted around exposed soils on the site without entraining additional sediments. Discharge from measures to divert the offsite water must not cause run-off impacts to other properties. Measures installed to divert the upstream water must be designed and certified by the supervising RPEQ/CPESC and installed prior to commencement of bulk earthworks.
E&SC measures must be installed and maintained to ensure any waters discharged from the site up to and including an 85%ile 5-day rain event (or 46mm rainfall event) contain less than 50mg Total Suspended Solids per litre. All relevant measures detailed in the International Erosion and Sediment Control Book 2008 or Sunshine Coast Manual for Erosion and Sediment Control must be installed to minimise the amount of sediment leaving the site in rainfall events that exceed 85%ile 5-day or 46mm.
Prior to the completion of the development, all site surfaces must be effectively stabilised. 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.
Prescribed Water Contaminants (as defined in Schedule 9 of Environmental Protection Regulation 2008) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination. These measures must be designed, implemented and maintained in accordance with “Best Practice Erosion and Sediment Control” published by the International Erosion Control Association (Australasian Chapter) (IECA, 2008), to the extent that such measures and practices are also consistent with the following:
Minimise Erosion
For areas of the site which drain to a sediment basin, implement drainage and erosion control measures prior to rainfall which prevent or minimise rill erosion and gully erosion
For areas of the site which do not drain to a sediment basin, implement drainage and erosion control measures prior to rainfall (including contingency measures) which prevent or minimise erosion, including rain drop erosion, chemical erosion, rill erosion and gully erosion
Prior to the sealing of the plan of survey for the development, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
Manage concentrated stormwater flows
Prior to each rainfall event ensure concentrated stormwater flow paths are provided with capacity in accordance with IECA (2008) Table 4.3.1 and are structurally stable in all rainfall events for the following sources:
(a)		From stormwater catchments upslope of the area of disturbance which are either stable or external to the site, ensure stormwater is diverted or managed either:
around the site or through the site without causing erosion and without contaminating the flow; or
if it is impractical to convey the flows around or through the site, convey the flows into appropriately sized sediment basins without causing erosion
(b)	From all disturbed areas of the site to sediment basin(s) without causing erosion
Minimise sediment released from the site
Install and maintain sediment basins for each disturbed catchment area of the site  and including undisturbed catchments which cannot be diverted, such that:
(a)	Each basin is sized and operated in accordance with either a Type-A or Type-B sediment basin as documented in IECA (2008) Appendix B (June 2018).
(b)	Each basin is to be provided with an automated system of flocculent dosing and a suitable supply of flocculent/coagulant, with the type of flocculent/coagulant determined based on Chemical Coagulants and Flocculants Fact Sheet (IECA, 2018).
(c)	Markers are provided within each basin indicating the maximum sediment storage level and any additional water storage capacity for water reuse.
(d)	During discharge from the primary outlet system, the concentration of total suspended solids (“TSS”) discharged does not exceed 50mg/L and that pH is within the range of 6.5-8.5 unless entering a naturally acidic environment.
Install and maintain additional sediment control measures within the site, as necessary to maximise sediment capture.
Minimise the tracking of dirt from the site onto roadways. Ensure that all dirt on roadways caused by vehicles leaving the site is removed without causing water contamination, prior to rainfall and at least at the end of each work day.

Water Sensitive Design
During construction and establishment of the polishing swale on Lot 4, the supervising RPEQ must certify forms contained in section 3.15 of the Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009). These forms and certification must be submitted to council prior to the sealing of the survey plan.
GENERAL
Water Sensitive Design- Education
Prior to release of the plan of survey, the polishing swale shall be provided with approved permanent signage to educate the public as well as site maintenance contractors on the function of the swale. The wording for the signage is to include: “Water Quality Improvement Device – this swale reduces pollutants entering Lake MacDonald. Approval Number OPW20/0144”.
Driveways
Driveways must be provided to the site in accordance with the approved plans and must comply in particular with the following:
Be in accordance with IPWEAQ Standard Drawings SEQ R-51
Have a slip resistant surface.
Match the levels and grades of the grassed verge or any proposed concrete footpath without posing trip hazards.
Have a minimum clearance of 500mm from any Unitywater/ Energex/ Telstra asset, unless a written approval is obtained from Unitywater/ Energex/ Telstra and submitted to Council.
Any existing service pits (eg water meter, Telstra pit) within the driveway crossover must be relocated or adjusted in accordance with the requirement the relevant service provider.
Where applicable, any existing redundant property or pram ramp must be removed and the kerb, footpath and verge area must be reinstated to match the existing kerb and verge treatments. The 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. Any sections of kerb line requiring removal due to the new works must be saw-cut and removed to allow for a smooth and neat finish with the new works
Pavement design for privately owned works must be undertaken in accordance with the relevant standards. The structural integrity and the ongoing maintenance of the crossover, driveway and parking areas will remain the responsibility of the property owner and must be certified by a RPEQ.
Earthworks and Retaining Walls
All earthworks and associated batters/retaining walls 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 approved plans and the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments with geotechnical testing undertaken in accordance with the Standard, and to a minimum of ‘Level 2’ supervision. Test results as required by AS 3798, and a certificate of quality and uniformity of fill shall be provided by a RPEQ.
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.
Stormwater Drainage
Stormwater drainage works must be provided generally in accordance with the approved engineering plans and must comply in particular with following requirements:
The use of gravity stormwater drainage.
The finished surface levels of the site must be graded and shaped to ensure that all surface runoff is collected and directed to the proposed drainage system and not directed on to any adjoining property or adversely impacting on the development site.
Adequate overland flowpath to convey stormwater runoff to ensure no adverse impact on the proposed development or other adjoining site during major storm events (eg up and including 1% AEP rainfall storm event).
Service Conduits under Existing Road
Where applicable, any electrical conduits and other services (including town water connection) proposed to be installed under existing sealed/concrete roads (including shared private roads), concrete pathways or concrete/sealed driveways must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
RPEQ Certification and Final Inspection
Upon completion of the work and prior to the final inspection by Council, a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit and best engineering practices.
A final inspection and approval of the completed works and reinstatement works by Council’s Inspector is required. Contact Council on 5329 6245 to arrange for the inspection.
LANDSCAPING
A 10 metre wide landscape buffer must be provided along the frontage to Holts Road planted in accordance with the approved plans and conditions of approval and maintained for the duration of the use.
All landscaping must be completed prior to release of the sealed plan of survey unless otherwise approved by council in writing.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Advice	Energex Limited Town Planning GPO Box 1461 BRISBANE  QLD  4001	Schedule 10, Part 9, Division 2 Table 1, Item 1 Schedule 10, Part 9, Division 2, Table 3, item 1	The agency provided its response on 27 August 2020  (Reference No. HBD 7020940) 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:
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
General Advisory Notes
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the work 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 Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Temporary Stockpile
Council’s assessment of this application is cognisant of an existing stockpile accommodated on the land which is related to a separate approval for works on a different site.  It is understood that the placement of fill in the stockpiles on site are intended to be temporary.  The application material assessed for this application makes no reference to the existing stockpiles, and therefore do not form part of this approval.  It is expected that the temporary use of the site to accommodate these stockpiles will have ceased prior to works commencing on the subject site.  Should circumstances change, and the material is required to remain on site, such proposal will require further assessment by Council.
Prestart and Inspections Request
Contact Council on 5329 6245 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
It should be noted prior to arranging a prestart meeting the Right of Appeal Period of 20 business days should have been passed or the applicant has have confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
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.
Where applicable, a minimum maintenance period of 12 months will apply to all municipal works (eg road pavement, public concrete pathway) and thereafter until such time as the works are performing in accordance with the approved design unless notifies otherwise.
General Environmental Advisory Note
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.
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.
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 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 Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
The following property notes will be placed against the subject property in Council’s property record system:
Property Notes
This site is provided with stormwater quality improvement devices which reduce pollutants from stormwater runoff generated on the development site.  This device is required to be routinely checked and serviced /cleaned out as per Maintaining Vegetated Stormwater Assets, Version 1 (Water by Design, 2009).  Responsibility for ongoing maintenance of the swale belongs to the owners of benefited properties. Records of maintenance activities undertaken are to be kept and made available to council officers upon request. (Council Reference No: RAL20/0017 - OPW20/0144)
This site is located within the Lake MacDonald Water Supply Catchment. Any future development of the property must not worsen the quality of water running off the site compared to the predevelopment scenario.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

YF

Enc:	Appeal Rights
Referral Agency Response
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Referral Info - SARA details Insert Autotext SARA (F3) – otherwise delete

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

[word/footer1.xml]
Page 17 of 17

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 17

[Attachment: image2.jpeg (image text)]
27 August 2020

energex

Hass Holdings Pty Ltd

C/- Project Urban

Attention: John McKennariey

Via email: John. [email protected], au

Dear John,

Early Referral Response — Development Application for Reconfiguring
of 1 lot into 4 lots and access easements & Operational work for civil
and landscaping works located at 1 Taylor Court, Cooroy, described as
Lot 6 on SP197517.

Applicant Ref: 19417

Our Ref: HBD 7020940

We refer to the abovementioned Development Application, which has been
referred to Energex Limited pursuant to section 54(1) of the Planning Act
2016. This response has been provided pursuant to the requirements of
section 57 of the Planning Act 2016.

In accordance with Schedule 10, Part 9, Division 2 of the Planning
Regulation 2017, the application has been assessed against the purposes of
the Electricity Act 1994 and Electrical Safety Act 2002.

As an Advice agency to the application Energex Limited has no requirements
in relation to the proposed Reconfiguring of 1 lot into 4 lots and access
easements & Operational work for civil and landscaping works.

No works are permitted to be undertaken within the Energex easement
without the prior written consent of Energex.

Should you require any further information on the above matter, please
contact Angela Collins on (07) 3664 5057.

Yours faithfully,

K

wg

Angela Collins
Senior Planner

Reference: HBD 7020940

51084
IK

YSTE
‘PSD BORE RA CERTIFIED.

nS

BR,

= ARIE,
za

z—
=

Enquiries

Angela Collins

Telephone

0447 671 554

Email
[email protected]
m.au

Corporate Office

26 Reddaciliff Street,
Newstead QLD 4006

GPO Box 1461

Brisbane Qld 4001
Telephone (07) 3664 4000
Facsimile (07) 3025 8301
www. energex.com.au

Energex Limited
ABN 40 078 849 055


[Attachment: image3.png (image text)]
ee) NOOSA COUNCIL