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Referral Agency Response - Planning RAP21 0015 · RAP21/0015

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                                                     Officer:            Wilhelm Koschade
                                                     Direct Telephone:   07 53296486
                                                     Our Reference:      RAP21/0015 : JElder
                                                     Your Reference:     20210413

19 July 2021


AT Hammersley & MA Sullivan
C/- Adapt Town Planning + Development Management
PO Box 7618
SIPPY DOWNS QLD 4556


[email protected]



Dear Sir/Madam,
                                 Referral Agency Response
                                        Planning Act 2016

I refer to your application and advise that Council, as a concurrence agency for the application,
completed its assessment of the application on 30 June 2021. You are advised that Council
requires conditions to be attached to any development approval. The conditions are listed
below.
1.      APPLICATION DETAILS

    Application No:              RAP21/0015

    Street address:              120 Persimmon Dr Peregian Beach Qld 4573

    Real property description:   Lot 427 on P93148

    Planning Scheme:             Noosa Plan 2020 (25 September 2020)

2.      TYPE OF DEVELOPMENT

The applicant seeks the following type of referral agency response:
•     Concurrence Agency Response for a Dwelling House
3.      CONCURRENCE AGENCY CONDITIONS

PLANNING
        When Conditions must be Complied With
1.      Unless otherwise stated, all conditions of this Decision Notice must be complied with
        prior to the use commencing, and then compliance maintained at all times while the use
        continues.
        Approved Plans
2.      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.



                                 PO Box 141                   P. (07) 5329 6500        [email protected]
                                 TEWANTIN QLD 4565            F. (07) 5329 6501        www.noosa.qld.gov.au
                                                                                                  Page 1 of 5
Full text of the other 4 pages

Page 2

           Plan No.          Rev.    Plan/Document Name                         Date

           DA_0.02           C       Site Plan,     prepared    by    Venture 21/06/2021
                                     Architecture

           DA_1.01           C       Ground Floor Plan, prepared by Venture 21/06/2021
                                     Architecture

           DA_1.02           C       Level 1 Plan, prepared by Venture 21/06/2021
                                     Architecture

           DA_1.03           C       Roof Plan,     prepared    by    Venture 21/06/2021
                                     Architecture

           DA_2.01           C       Elevations West, prepared by Venture 21/06/2021
                                     Architecture

           DA_2.02           C       Elevations North, prepared by Venture 21/06/2021
                                     Architecture

           DA_2.03           C       Elevations East & South, prepared by 21/06/2021
                                     Venture Architecture

      Built form
3.    The maximum height of the development must not exceed 8.1 meters and a RL of 28.1m
      above the finished ground level and the natural ground surface.
4.    Certification must be submitted to Council from a Licensed Surveyor which certifies that
      the building does not exceed the maximum height requirement of this Decision Notice.
5.    Fencing must not exceed a vertical height of 2m above the NGL.
      Sunset Clause for Referral Agency Response
6.    This Concurrence Agency response is no longer valid if the use has not commenced
      within 4 years of the date of this notice, unless otherwise extended in writing by Council.
      Performance Bond
7.    Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
      must be submitted to Council, to secure performance of all conditions of this approval,
      prior to the issue of a Development Permit for Building Works. 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.
      Landscaping
8.    A minimum of 20% of the site must be retained as soft landscaping.
9.    Existing trees on the site must be retained, except where required to be removed to
      accommodate the approved dwelling.
10.   Existing vegetation in the road reserve must be retained, unless written authorisation
      from Council is granted for the clearing.
11.   Trees to be retained must be protected from clearing or construction activities by:
      a.      clearly marking vegetation to be retained with flagging tape




                                                                                         Page 2 of 5

Page 3

      b.   installing protective fencing around the drip line of the vegetation
      c.   restricting stockpiling, storage and vehicle parking to those areas which are
           already cleared
      d.   using low impact construction techniques around vegetation.
12.   Screening vegetation must be planted along the eastern boundary for the length of the
      dwelling’s encroachment within the minimum side boundary setback. The works must
      be undertaken in accordance with Council’s Planning Scheme Policy PSP2 -
      Landscaping. The planted vegetation must have a minimum pot size of 200mm and
      consist of native, endemic species with a mature height of not less than 4m metres and
      a maximum spacing of 1.5 metre centres.
      Property Access and Driveways
13.   The residential vehicle crossover/driveway must be constructed from the existing
      formation in Persimmon Road to the proposed car parking. The works must be in
      accordance with a Road Reserve Permit approval.
14.   The vehicle crossover (the section of driveway inside the road reserve) must:
      a.   Be constructed of concrete or other suitable hardstand;
      b.   Be constructed generally in accordance with the approved plan 30365-DW dated
           April 2021, prepared by SCG Consulting Engineers as annotated by Council; and
      c.   Be generally in accordance with Council’s standard drawings RS-049 and RS-050.
      Stormwater Drainage
15.   Stormwater runoff from the development must be disposed of without causing scour or
      damage to the subject site or any adjoining property. Any stormwater discharged from
      the site must be to a lawful point of discharge.
16.   Certification by a Registered Professional Engineer of Queensland that states that the
      stormwater system has been constructed in accordance with the conditions of this permit
      must be submitted to Council prior to the commencement of the use.
      Earthworks and Retaining Walls
17.   All fill and associated batters/retaining structures, both above and below ground level,
      must be contained entirely within the subject site unless written permission from the
      respective landowner(s) is provided to Council.
18.   All retaining walls must be designed and constructed in accordance with the planning
      scheme and must be certified by a Registered Professional Engineer of Queensland
      where exceeding 1.0m in height.
19.   Earthworks required on site must be carried out in accordance with Council’s Planning
      Scheme Policy PSP6 - Engineering Design Standards, so as not to cause the additional
      ponding of water on any adjoining lands or concentrate or direct overland flow on to an
      adjoining property.
      Damage to Services and Assets
20.   Any damage caused to existing services and assets as a result of the development
      works must be repaired at no cost to the asset owner at the following times:
      a.   Where the damage would cause a hazard to pedestrian or vehicle safety,
           immediately; or
      b.   Where otherwise, upon completion of the works associated with the development.
      Any repair work which proposes to alter the alignment or level of existing services and
      assets must first be referred to the relevant service authority for approval.




                                                                                      Page 3 of 5

Page 4

4.   REASONS FOR INCLUSION OF CONDITIONS

The proposal is subject to specific built form parameters outlined in The Noosa Plan.
5.   ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form
part of the referral agency conditions:
PLANNING
     Aboriginal Cultural Heritage Act 2003
1.   There may be a requirement to establish a Cultural Heritage Management Plan and/or
     obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
     The ACH Act establishes a cultural heritage duty of care which provides that: “A person
     who carries out an activity must take all reasonable and practicable measures to ensure
     the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply
     with the duty of care. Substantial monetary penalties may apply to individuals or
     corporations breaching this duty of care. Injunctions may also be issued by the Land
     and Resources Tribunal, and the Minister administering the ACH Act can also issue stop
     orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
     the cultural heritage value of Aboriginal cultural heritage.
     You should contact the Cultural Heritage Unit to discuss any obligations under the ACH
     Act.
     Equitable Access and Facilities
2.   The plans for the proposed building work have NOT been assessed for compliance with
     the requirements of the National Construction Code - Building Code of Australia (Volume
     1) as they relate to people with disabilities. Your attention is also directed to the fact
     that in addition to the requirements of the National Construction Code as they relate to
     people with disabilities, one or more of the following may impact on the proposed
     building work:
     a.    the Disability Discrimination Act 1992 (Commonwealth);
     b.    the Anti-Discrimination Act 1991 (Queensland); and
     c.    the Disability (Access to Premises – Buildings) Standards.
     Sustainability
3.   In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable
     building design for residential and commercial development. Council encourages the
     use of sustainable building materials, energy efficient fittings, solar hot water,
     photovoltaic systems (including the use of inverter/charges), water saving devices and
     rainwater       harvesting.       For        further      information       go       to
     http://www.noosa.qld.gov.au/sustainable-homes
     Infrastructure Charges
4.   All developments and/or changes to existing developments may require payment of
     “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges
     Resolution” made pursuant to the planning legislation and regulations current at the time
     of issue.
6.   REPRESENTATIONS ABOUT REFERRAL AGENCY RESPONSE

The applicant may make representations to Council about this referral agency response at
any time before the application is decided pursuant to section 30 of the Development
Assessment Rules.




                                                                                         Page 4 of 5

Page 5

Yours faithfully,




Wilhelm Koschade
Development Planner


Enc:   Approved Plans/Documents




                                  Page 5 of 5

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