Changed Approval 132007.616.04

Officer:	Patrick Murphy
Direct Telephone:	61753296436
Our Reference:	132007.616.04
Your Reference:	N/A
22 June 2017

Walhalla Holdings Pty Ltd TTE
1310 Kongwak Rd
INVERLOCH  VIC  3996

[email protected]

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval.  On 16 June 2017, Council decided your requested changes.

Details of the decision are as follows:

APPLICATION DETAILS

Application No:	132007.616.04
Street Address:	8 Attunga Hts NOOSA HEADS  QLD  4567
Real Property Description:	Lot 23 RP 89506
Planning Scheme:	The Noosa Plan (8 August 2011)

DECISION DETAILS

The following type of approval has been issued on 11 October 2007:

Development Permit for Material Change of Use of Premises - Multiple Housing Type 2 Duplex

In relation to the request to make a change to the existing approval, Council on 9 May 2011 decided to:

A.	Approve a change to Condition 13 extending the relevant period to 11 October 2013.

In relation to the request to make a change to the existing approval, Council on 19 September 2013 decided to:

A.	Approve a change to Condition 13 extending the relevant period to 11 October 2017.

In relation to the request to make a change to the existing approval, Council on 16 June 2017 decided to:
Change to Condition 13.
Deletion Conditions 35 and 37.
Include additional Condition 59
Add additional Advisory Note 7.

RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is identified in the Assessment Manager’s Conditions.

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are prepared by Agenti Architects Pty Ltd and are detailed as follows:
Titled	Numbered	Dated
8 Attunga Heights	07025SK1(C)	27 August 2007
Level 2	07025SK2	27 August 2007
Level 3	07025SK3(C)	27 August 2007
North Elevation / West Elevation	07025SK5(B)	31 August 2007
North Elevation / West Elevation	07025SK6(B)	31 August 2007
And as may be amended by the conditions herein and any annotations on the 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.
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.  In this regard:-
Finished ground level of the landscaped areas within the front setback and along the sides and rear of the carpark level shall be retained or reinstated to the existing natural ground level as indicated by the contours on the site plan.
Where practicable, the heights of any retained structures shall be minimised and the adjacent landscaped areas battered/mounded up.
Native screening vegetation, shall be provided along the side and rear boundaries.  The vegetation shall include understorey plantings and a diverse range of trees ranging from 45 to 75 Litres in size.
Clothes lines, water tanks, bin enclosures and the like shall not to be located where they will significantly reduce the effectiveness of any screening vegetation.
The mature Pandanus tectorius (1 of) and Callitrus columellaris (1 of) within the front setback area to Attunga Heights shall be retained.
The three (3) mature Callitrus columellaris and the mature Eucalypt (1 of) in the rear setback area shall be retained.  This includes the Callitrus columellaris that is on the boundary in the southeast corner of the site.
The landscaping plan shall include a minimum of four (4) native species of a minimum size of 100 Litres to replace existing trees to be removed from the site.
The landscaping plan shall detail treatment to planter boxes/court areas indicated on Level 2.  The height of any planter box shall not exceed 1.0 above slab level.
A minimum of 1 x 45litre Banksia integrefolia street tree shall be established on the Attunga Heights frontage within the road reserve.
Any declared species (weeds) shall be removed from the site.  In this regard, there are a number of umbrella trees on the site that are to be removed.
The unenclosed visitor parking space shall be deleted and landscaping area increased accordingly in this area, with natural ground level maintained.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use. The landscape plans are to denote areas of existing vegetation or existing trees proposed or required to be retained.
Any fencing along the southern boundary shall accommodate the Callitrus columellaris tree that is to be retained in the southeast corner of the site.
The building height shall not exceed 8.0metres above natural ground level.
Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining as open structures.
All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural).
The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this requirement.
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for operational 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.
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
The Development Permit for a material change of use of premises lapses if the use has not happened by 11 October 2021, unless an application to extend the currency is approved by Council.
Building Services

Condition Survey
A condition survey is to be carried out of adjoining buildings, structures and services prior to any demolition works or construction works taking place on site.  If distress already exists, a photographic survey shall be undertaken, the distress measured and a plan to monitor changes to distress shall be implemented.

Demolition
Infrastructure including reticulated water, sewerage, stormwater, and electricity are to be protected from damage and made safe to the standard required by the regulatory authority;
All infrastructure must be disconnected, capped or sealed including:-
electricity meters  removed and electrical wires disconnected; and
telephone lines are disconnected; and
high speed data cables and television provider boxes are disconnected and removed to the standard required by the regulatory authority;
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging, must be removed from the building and disposed of in accordance with industry best practice.
Waste generated during construction must be stockpiled in a centralised location and covered as required to prevent material being blown onto adjoining properties including the road reserve or food waste from generating vermin. All site waste must be disposed of to an approved waste disposal facility either directly or via an approved waste receptacle and collection service.  Storage areas are to be located near the temporary access to the site so that access can be gained with out damage to infrastructure.
Any damage to footpaths, street plantings, kerb and channel or roadways at the removal site, the relocation site or between the sites must be repaired or reinstated to at least pre-existing conditions.
Sediment and erosion control measures must be placed on site prior to the works commencing and shall be maintained until all works are complete. The erosion and sediment control measures shall be in accordance with the “Best practice guidelines for control of stormwater on building sites” prepared by Healthy Waterways (copy attached or available at www.healthywaterways.org).
The transportation of all materials to and from the site must be undertaken in a manner such that no particle matter escapes onto a public road. All vehicles carrying out materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
A Waste Management Plan shall be submitted for the demolition to the Environmental Health Section of Noosa Council, prior to the development permit for building works being issued. The Plan shall contain the following information:-
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume (m³)	On-site *specify proposed reuse or onsite recycling methods	Off-site *specify contractor & recycling outlet	*Specify contractor & landfill site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber – please specify				
Plasterboard				
Metals – please specify				
Asbestos				
Other – please specify				
NOTE: Details of site area to be used for onsite separation, treatment and storage (including weather protection) shall be provided on the plan drawings accompanying your application.

Land Development

Vehicle Access
A vehicular access driveway to serve the development shall be constructed from the Attunga Heights frontage of the site with a maximum width of 3.5m. The driveway shall be setback a minimum of 1.5 metres from the centre of the existing sewer manhole located within the Attunga Heights road reserve in the frontage of the subject site.
The driveway shall be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any step or level difference.  Should any driveways be constructed to grades that do not comply with AS/NZS 2890.1-2004, Council will require that the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway shall comply with the minimum sight line requirements as defined in AS2890.1, section 3.2.4.  The applicant shall demonstrate compliance by illustrating these sight lines on the plans submitted for both Operational Works approval and Building Works approval.
All vehicles shall enter and leave the site in a forward direction.
Car Parking
Carparking shall be provided within the site generally as shown on drawing number 07025SK1(c) dated 27 August 2007 by Agenti Architects, except as modified herein.
A minimum of 4 covered carpark spaces shall be provided on site.
The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user class 1A with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
All carparking shall be kept, maintained and line-marked in a condition fit for use.
Frontage Works
Footpath improvements such as topsoiling, grassing, and tree planting are required to the Attunga Heights frontage of the site in accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines.  Grass shall be couch, free of weeds.
A new 1.5m wide concrete path shall be constructed along the Attunga Heights frontage of the site in accordance with Council’s design standards and to an alignment that protects any significant vegetation or any underground services.
All paths, driveways and parking areas shall be designed and constructed to ensure pedestrian safety using non-slip materials, to produce an evenly graded surface finish, and to be in accordance with the Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access & Mobility.
All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications prior to commencement of the use permitted by this permit.
Roof Water & Stormwater Drainage
Deleted
All stormwater drainage (including roof water overflow from the rainwater storage system) shall be collected and discharged so there is no net increase in stormwater runoff from the site.  Stormwater drainage permitted to drain from the site shall be discharged to Council’s kerb & channel street drainage system in Attunga Heights.  Plans of the drainage design shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works.
The maximum discharge of stormwater drainage allowable to Council’s kerb & channel street drainage system at any one location is 25 litres/second.
Deleted
All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in accordance with Council’s standards and requirements at no cost to Council.
The existing sewer main that is located in the adjoining property on the southern side of the site and the ‘zone of influence’ (taken as the area within a 45-degree angle measured from the invert of the sewer main to the finished surface level) shall be accurately located and determined by a licensed Surveyor and shown on all plans submitted for Operational Works approval.
To ensure Council’s sewer main is accessible for maintenance purposes and is protected from risk of damage, no structures requiring a building permit (eg. buildings, retaining walls exceeding 1m in height, raised terraces, etc) shall be constructed within this ‘zone of influence’ or within 1.5m of the centreline of the sewer main, whichever is the greater.  As such the applicant shall amend Operational Works plans including Building plans to ensure compliance.

Town Water Supply
The site shall be connected to Council’s existing town water supply and be constructed in accordance with Council’s standards and requirements at no cost to Council.
Each individual water connection to the water reticulation system shall extend to the property boundary and be metered.  All fees for the supply of water meters shall be paid to the Council.
All water meters must be located outside the property boundary and in an easily assessable location to facilitate unhindered reading by Council and/or Council’s contracted water meter readers, and not behind fences or locked gates.  In this regard approval of the water meter configuration and location must be obtained from Council’s Water & Sewerage Capital Works Manager prior to lodgement and approval of hydraulic drawings.
For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the development shall be served by:
A single Body Corporate water meter to measure the total water consumption (including fire hose reels, but excluding fire hydrants and fire sprinkler systems), and
Individual water meters to each tenement capable of being separately rated, and
A fire service (fully testable single detector check with metered bypass), where applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire hose reels).
Service Easements (Sewer)
A registered easement shall be created over the zone of influence of all sewers within the subject site and over those parts of the subject site that are impacted upon by sewers on any adjoining sites.  The easements shall generally be parallel to and centred over the sewer main and be equivalent in width to twice the depth to invert level of the sewer at the deepest point within the allotment (measured from the finished surface) and be no less than 3.0m wide overall.  In this regard a licensed surveyor shall accurately locate all sewer mains and determine the necessary width of the easement, which shall be shown on any plans submitted for Operational Works / Building Works approval. To this extent the surveyor shall certify that the sewer and the zone of influence is wholly contained within the easement to be created.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in writing that the Title Deed and the easement documents will be lodged at the Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the use commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
No building or other structure shall be constructed or encroach over an easement.
Earthworks
Earthworks carried out on site shall not affect the structural integrity of any of the existing fences and/or structures and/or buildings and/or services and/or lands that border the development site.  Fences that are affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification.  In this regard any fences to be replaced shall be clearly shown on the plans submitted for Operational Works approval.
Site Stability
A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the soil classification, establish whether any measures are required to protect the stability of adjoining buildings and/or structures and/or services and/or lands, and make recommendations on the type of foundation system(s) best suited for the proposed development. The recommendations of this report shall be incorporated into the design and construction of the proposed development.
The excavation of the site and the construction of the proposed works shall not have any adverse affects on the stability of adjoining buildings and/or structures and/or services and/or lands. In this regard a Registered Professional Engineer Queensland shall supervise the excavation of the site and the construction of the new works to determine whether any additional measures are required to protect the stability of adjoining buildings and/or structures and/or services and/or lands.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
Contributions Towards Council Infrastructure
Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or upgrading various infrastructure at the rates applicable at the time of payment.  An estimate only of the contribution amounts under the current Council policies and requirements is outlined in the table below:
Contribution Required For:	Amount:
PSP12 – Public Open Space Contributions (Park)	$1,352
PSP16 – Sewerage Headworks Contributions	$1,234
PSP17 – Water Supply Headworks Contributions	$2,243
PSP20 – Pathway Trunk Network Contributions	$304
TOTAL Contribution Amount =	$ 5,133
Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from June 2007 until the date of payment.
All contributions must be paid prior to the issue of a Development Permit for Operational Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%.  Should the contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full.
Processing of bonds for security where specific Council approval has been given for the bonding of contributions will incur an administration fee in accordance with Council’s Land Development Commercial & Regulatory Fees at the time of lodgement.
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled, the trading bank guarantee will be returned.

General
For the following classes of work associated with development, a Development Permit for Operational Works must be obtained prior to commencement of works relating to that class of work.  The application may combine any or all of these classes of work:-
Access and/or Carparking.
Stormwater Drainage.
Frontage Works.
Erosion & Sediment Control
Landscaping
A suitably qualified Registered Professional Engineer shall prepare engineering drawings and specifications for all engineering works that will become Council infrastructure, which shall be submitted in conjunction with an application for a Development Permit for Operational Works.  To avoid conflict with underground pipes or services, all existing and proposed services required by the development shall be shown on the plans.
A construction management plan/strategy to ensure no damage occurs to Council services shall be prepared by a suitably qualified Registered Professional Engineer and submitted to Council in conjunction with any application for Operational Works.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle
Environmental Health
The developer must provide waste storage and disposal facilities, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool pumps etc) shall comply with the following requirements:
The equipment shall be installed and located in a manner that prevents excessive noise in accordance with Council’s Local Law No. 12 - Control of Nuisances.  Infringement Notices (on-the-spot fines) may apply for offences.
A person must not use equipment on any day if it makes or causes noise to be made –
From 10pm to 7am: More than the lower of either –
40 dB(A)
3 dB(A) above the background noise level
No audible noise for pool pumps apply during these hours -
From 7am to 7pm: More than the lower of either –
50 dB(A)
5 dB(A) above the background noise level
From 7pm to 10pm: More than 3 dB(A) above the background noise level.
Pool pumps must not be audible at an effected premises between 10pm-7am

Attunga Heights must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular the reconstruction of the kerb and channel.

REFERRAL AGENCY CONDITIONS

Not Applicable

APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following tables:

Approved Plans
Titled	Numbered	Date
8 Attunga Heights	07025SK1(C)	27 August 2007
Level 2	07025SK2	27 August 2007
Level 3	07025SK3(C)	27 August 2007
North Elevation / West Elevation	07025SK5(B)	31 August 2007
North Elevation / West Elevation	07025SK6(B)	31 August 2007

PLANS/DOCUMENTS REQUIRING AMENDMENT

Not applicable.

ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of approval:
Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational works must be submitted to Council with the lodgement of any application for operational works over the site.
The applicant is advised that development contributions and infrastructure charges applicable to this development approval have been based on the following Uses Class/ Uses and applicable quantities:-
Existing Development	Approved Development
Existing Use Class / Use	Existing Quantity	Approved Use Class / Use	Approved Quantity
Detached House	1 Dwelling	Multiple Housing - Type 2 – Duplex	2 x 2 Bedroom Units
The applicant is informed that payment via credit card transaction will not be an acceptable method of payment for development contributions conditioned in this permit or for infrastructure charge notices issued separately.
Digital detailed designs including drawings, calculations, etc, shall be submitted with any application for a Development Permit for Operational Works in respect of roadworks and stormwater drainage works.  In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with any application for Operational Works.  The design shall be in accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and Earthworks.
To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are available at www.adac.com.au).
The applicant is advised that a Compliance Permit for all plumbing and drainage works within the boundaries of the development site shall be obtained from Council’s Plumbing Services Section prior to obtaining a Development Permit for Building Works.
Infrastructure Charges
This This Change to an Existing Approval will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (adopted charges). The Infrastructure Charges Notice relates to the Transport network (Road and Public Transport components) missing from the current approval and is payable in addition to:

Development Permit Condition 51 for Contributions Towards Council Infrastructure; and
Infrastructure Agreement dated 19 September 2013 attached to the property for Stormwater network contribution.
PROPERTY NOTES

Not Applicable

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable

FURTHER DEVELOPMENT PERMITS REQUIRED

Type of Development Permit required	Subject of the required Development Permit
Development Permit for Building Works	All Building works
Development Permit for Operational Works	Landscaping, access and/or carparking, stormwater drainage, frontage works and erosion and sediment control

SELF ASSESSABLE CODES

Not Applicable

SUBMISSIONS

Not Applicable

REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable

RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.

OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY 2007/616 - Original Decision Notice 11 October 2007 132007.616.2 - Changes to an Existing Approval 9 May 2011 132007.616.03 – Changes to an Existing Approval 19 September 2013 132007.616.04 – Changes to an Existing Approval 16 June 2017

Yours faithfully

Patrick Murphy
Coordinator Planning

Encl. 	Infrastructure Charge Notice]
Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

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PO Box 141		P. (07) 5329 6500	[email protected]	
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