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Delegated Report - Code - Planning MCU20 0021 [As Published]
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Development Planner, Billy Glover
Development Assessment
APPLICATION DETAILS
Application No. MCU20/0021 & RAL20/0002
Applicant Roger Parkin Project Architect
Proposal Material Change of Use - Multiple Housing - Type 2 Duplex (x2)
and Reconfiguration of a Lot – Access Easement
Properly Made Date 18 March 2020
Information Request Date 17 April 2020
Information Response Date 10 August 2020
Decision Due Date 19 November 2020
Report Completed Date 28 October 2020
PROPERTY DETAILS
Property Address 53 & 55 Hilton Tce Tewantin Qld 4565
RP Description Lot 121 RP 70296
Lot 1 RP 117315
Land Area 587.04m²
602.22m²
Existing Use of Land Lot 121 RP 70296
Detached House
Lot 1 RP 117315
Detached House
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Tewantin & Doonan
Zone Attached Housing
Overlays Natural Hazard (Flood & Acid Sulfate Soils)
Assessment Type Code
Document Set ID: 21107969
Version: 17, Version Date: 30/10/2020
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1. PROPOSAL
The application seeks approval for a Material Change of Use - Multiple Housing - Type 2 Duplex
(2 x 2 Units) and Reconfiguration of a Lot – Access Easement.
The application comprises a duplex (2 units) on each of the two subject lots, with a shared
central access driveway (easement). Each unit includes a kitchen, laundry, dining, lounge,
outdoor terrace, upper level balcony/deck areas, and two covered car spaces. Two shared visitor
spaces are proposed at the rear of the site. Each duplex comprises 1 x 3 bedroom unit and 1 x 2
bedroom unit.
The application was lodged prior to the commencement of the Noosa Plan 2020 and therefore
was assessed under The Noosa Plan 2006.
The locality and proposal plans are included below.
Figure 1 – Site Locality
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Figure 2 – 3-D Renderings
Figure 3 – Site Plan (East Duplex)
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Figure 4 – Upper Floor Layout (East Duplex)
Figure 5 – Elevations
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2. SITE DETAILS
2.1. Background
No recent development approvals exist over the site.
A pre-lodgement meeting was held with the applicant on 8 October 2019.
2.2. Site Description
The site contains two existing detached houses, one on each lot.
2.3. Surrounding Land Uses
The site is surrounded by residential uses in the Attached and Detached Housing Zones.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017
The Noosa Plan (2006).
The following codes from the Noosa Plan are applicable to this development:
Tewantin & Doonan Locality Code
Residential Uses Code
Landscaping Code
Engineering Works Code
The subject site is located in the Tewantin and Doonan Locality and is zoned Semi-attached
Housing. The proposed use is identified as a consistent use within the zone and is required to
follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
Criteria Planning Scheme Proposal Complies
Site Area No specific requirement Lot 121 RP 70296 -
587.04m²
Lot 1 RP 117315
602.22m²
Population density Lot 121 RP 70296 Lot 121 RP 70296
5.87 persons max. 5.7 persons
Lot 1 RP 117315 Lot 1 RP 117315
6 persons max. 5.7 persons
Plot ratio (gross floor 0.45:1 max.
area)
Lot 121 RP 70296 Lot 121 RP 70296
264.2m2 GFA max. Ground: 134.1m2
Upper: 135.34m2
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Total: 0.459:1 (269.44m²) X
Lot 1 RP 117315 Lot 1 RP 117315
271m2 GFA max. Ground: 141.79m2
Upper: 134.24m2
Total: 0.458:1 (276.03m²) X
Site cover 40% max Lot 121 RP 70296
Ground: 39.9% (234.27m2)
Upper: 27.6% (161.86m2)
Total: 39.9%
Lot 1 RP 117315
Ground: 39.3% (236.74m2)
Upper: 27.2% (163.74m2)
Total: 39.3%
Landscaped open m² min 5.7 x 30m2 = 102.6 Lot 121 RP 70296
space
Landscaped open space:
149.8m2
Soft landscaping Soft landscaping: 127.55m 2
min 60% of total
Rear setback – 1 metre to X
visitor space and driveway
Landscaping
Frontage – 6m width,
Setbacks Lot 1 RP 117315
average 3m consisting soft
landscaping Landscaped open space:
154.84
Rear – 2m width
Soft landscaping: 134.57
Rear setback – 1 metre to X
visitor space and driveway
Building height
storeys 2 storeys max 2 storeys
metres 8 metres 8.45 metres X
(plans annotate 8.339m)
Boundary setbacks
Frontage 6 metres 6.44 metres
0.3 metres (entry pergolas) X
Side (east) 1.5/2/2.5 metres 1.5/1.5 metres X
Side (west) 1.5/2/2.5 metres 1.5/1.5 metres X
Rear 6 metres 4.5 metres X
Roof form
Pitch Min 5 degrees 6 & 7 degrees (main roof)
Eaves Min 600mm <75% perimeter Ground: 56% X
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Upper: 70% X
Length of wall 15 metres max 8.6 metres
Carparking 1 covered space per dwelling 2 covered spaces per
unit plus 1 additional space dwelling unit
Gross Floor Area
Specific Outcome O8 of the Tewantin & Doonan Locality Code states:
For Multiple Housing Type 2 development has a maximum plot ratio of 0.45:1.
The gross floor area of the proposed development exceeds the plot ratio of 0.45:1, as follows:
Lot 121 RP 70296
0.459:1 (5.24m² exceedance over two units)
Lot 1 RP 117315
0.458 (5.03m² exceedance over two units)
The Noosa Plan does not support any exceedance of gross floor area for multiple housing
developments. As per the gross floor area definition, the floor area/ internal access ways
adjacent the stairwells and garages are included as gross floor area.
The proposed exceedance of approximately 5m2 gross floor area over two units is considered
relatively minor and the overall layout is generally supported. However, it is considered
appropriate to impose a condition requiring compliance with the prescribed maximum plot
ratio/gross floor area. Under the Noosa Plan 2020, any areas on any level used for access
(stairwells) are not included as gross floor area, however the plot ratio is only 0.4:1 for Dual
Occupancy development.
Landscape Setback - Rear
Probable Solution S1.1 of the Landscaping Code requires a 2 metre landscape setback for the
rear boundary.
The proposal details a 1 metre landscape setback to the visitor car spaces and driveway
hardstand area, for a length of 17.3m along the rear boundary (figure 6).
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Figure 6 – Proposed Rear Landscape Setbacks
The corresponding Specific Outcome O1 states:
Sufficient landscaped areas are provided to—
a) enhance the visual amenity and natural landscape character of the area, streetscape
and local area;
b) retain natural landscape features, such as rock outcrops and existing large trees;
c) retain existing native vegetation and enhance buffer areas around property boundaries;
d) suit the relative size and nature of the development and its setting;
e) reduce the visual impact of large or bulky structures and fencing along watercourses;
and
f) conceal service, carparking and loading areas of developments;
g) screen incompatible land uses; and
h) provide privacy between any dwelling units and accommodation units on and adjoining
the site to a height and density appropriate to the scale of the development.
Other than the driveway and parking areas, the proposal complies with/exceeds the 2 metre
landscape setback. A landscape plan will be required as part of the future operational works
application. It is recommended conditions be included requiring compliance with the 2 metre
landscape setback except for the driveway and parking areas which can be 1 metre; and dense
landscaping to be provided along the rear boundary of the site to provide a suitable buffer
between properties and provide screening of the development for amenity and privacy.
Height
Probable Solution S4.1 of the Tewantin & Doonan Locality Code states:
The maximum height of buildings and other structures is 8m.
The development is proposed to a maximum height of 8.45 metres (plans annotate 8.339m) to
the upper extent of the clerestory roof form (figure 7).
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Figure 7 – Proposed Height
The corresponding Specific Outcome O4 states:
Buildings and other structures—
a) are low rise and present a building height consistent with structures on adjoining and
surrounding land;
b) have a maximum building height of 2 storeys;
c) do not visually dominate the street, surrounding spaces or the existing skyline;
d) preserve the amenity of surrounding land including access to sunlight;
e) respect the scale of surrounding vegetation; and
f) respond to the topography of the site and minimise cut and fill (eg. by stepping down the
slope or using suspended floor construction, for sloping sites).
The proposed over height part of the building (clerestory roof) is centrally located above the
building and setback 3.65 metres from the side boundaries (closest boundary). The proposed
location of the height encroachment is sympathetic of surrounding spaces and the existing
skyline. The 0.45 metre height variation will not detrimentally impact the amenity of surrounding
properties in terms of blocking access to sunlight. The proposed clerestory roof form contributes
articulation and character to the building (7 degree pitch) and provides positive natural lighting
and cooling benefits internally.
Setbacks
The prescribed setbacks for the proposed duplex’ development is as follows:
Frontage: 6m
Side boundaries: 1.5m setback up to 4.5m height;
2m setback between 4.5m - 7.5m height; and
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2m plus 0.5m for every 3m above 7.5m height or part thereof
Rear: 6m
The proposed development includes balcony/deck structures on the upper level setback only 1.5
metres in lieu of 2 metres; garages (rear of the buildings) are proposed with a 4.5 metre setback
in lieu of 6 metres; and powder coated aluminium pergolas are proposed over each of the four
entry gates.
The corresponding Specific Outcome O4 states:
Buildings and other structures—
a) are low rise and present a building height consistent with structures on adjoining and
surrounding land;
b) have a maximum building height of 2 storeys;
c) do not visually dominate the street, surrounding spaces or the existing skyline;
d) preserve the amenity of surrounding land including access to sunlight;
e) respect the scale of surrounding vegetation; and
f) respond to the topography of the site and minimise cut and fill (eg. by stepping down the
slope or using suspended floor construction, for sloping sites).
Deck/Balcony – Upper Level
The proposed deck/balcony areas on the upper level side elevations of the buildings occupy the
roof area of the dining areas below. The balustrading of the deck/balcony areas is 5 metres in
height and is located within the 1.5 metre side boundary, in lieu of 2 metres (figure 8).
Figure 8 – Proposed Balcony/Deck 1.5m Setbacks
The proposed setback encroachment of the balcony/deck balustrading has the potential to
negatively impact the amenity of the residents of the adjoining properties by allowing the viewing
area at 1.5 metres in lieu of the required 2 metre setback. The proposed setback exacerbates the
potential for overlooking that can occur on upper level decks and subsequently may negatively
impact on the privacy of the residents of the adjoining property.
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It is recommended a condition be included requiring the development to comply with standard
side boundary setbacks, as per Schedule 1 – Minimum Boundary Setbacks under The Noosa
Plan.
Garage
The proposed garages are proposed with a 4.5 metre setback from the rear boundary of the site,
in lieu of 6 metres (figure 9).
Figure 9 – Proposed Garage Setback
The part of the garage building located within the setback is relatively low-rise, being between 4.2
and 4.4 metres and 1 storey in height. The proposed setback retains the opportunity for
landscaping to be provided for privacy, amenity and reducing the appearance of built form.
Pergola Over Entry Gates
The proposed pergola structures over the entry gates are setback 300mm from the front
boundary, in lieu of the standard 6 metre frontage setback (figure 10).
Figure 10 – Proposed Pergola Over Entry Gates
The proposed pergolas over the entry gates are not consistent with the setbacks of existing
buildings and structures along Hilton Terrace and will dominate the streetscape, particularly due
to the combination of the four structures in sequence.
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It is recommended a condition be included accordingly, stating the pergola structures over the
entry gates are not approved and must be removed from the plans.
Roof Form
Probable Solution S13.1 of the Tewantin & Doonan Locality Code states:
Except for the Business Centre Zone, the main roof of the building has a roof pitch no less
than 5 degrees and has minimum 600mm eaves to at least 75% of the perimeter of the
building;
The proposed development includes 600mm eaves on the buildings to approximately 56% of the
perimeter on the ground floor and 70% of the perimeter on the upper floor. Considerable
provision of eaves is provided on the buildings, however the eaves are only 500mm in width and
therefore not included as part of the calculation. The New Noosa Plan 2020 reinforces the
requirement for minimum 600mm eaves to be provided and as such no variation is warranted.
It is recommended a condition be included requiring eaves be provided for a width of 600mm to
at least 75% perimeter of the buildings.
Materials and Finishes
The proposed built form includes a variety of a materials and finishes, including rendered block
work; textured FC sheeting; concrete balcony’s which overhang as awnings to the below; open
glass balustrading; timber clad sections; natural rock clad sections; powder coated aluminium
slats; and a pitched roof form with exposed rafter tails and colorbond roof sheeting.
The proposed development is consistent with and complimentary to the character of existing
development in the locality.
Filling of the site
Probable Solution S11.3 of the Tewantin & Doonan Locality Code states:
For Residential Uses—
a) where slab on ground construction is used, filling does not extend more than 1m beyond
the building footprint and access to car parking areas, measured from outer walls of the
building; or
b) the design consists of a suspended floor construction;
The proposal includes filling of the site to around 1.3 metres in height from natural ground level,
at the highest point.
The corresponding Specific Outcome O11 states:
Buildings and other works are designed and sited to—
a) provide flood free access to premises and flood free habitable areas;
b) allow only minor, short term and infrequent flooding of non-habitable areas;
c) ensure carparking areas can be adequately drained;
d) ensure drainage does not adversely impact upon other premises; and
e) ensure filling or excavation does not adversely impact upon other premises by—
i. causing ponding of water on the site or nearby land;
ii. increasing flooding, which adversely affects the safety or use of any land upstream
and downstream; and
iii. adversely affecting the flow of water in any overland flow path.
The proposed filling of the site is considered reasonable given the standard lot sizes of the site
(587.04m² and 602.22m²); required minimum floor level of habitable buildings due to the flood
hazard relevant to the site; and reasonable access transitions into the buildings.
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It is noted the applicant provided a stormwater management plan for the development.
Council is not supportive of filling of the site and pools in the front setback that results in pool
fencing being visible from the streetscape perspective. It is recommended a condition be
included requiring the front setback area to be constructed and comprise landscaping in such a
way that the required pool fencing is not visible from the streetscape.
No other concerns are raised in relation to the above specific outcome.
Access Easement
A single central shared driveway is proposed to service both proposed duplexes. The proposed
access driveway overlaps both subject lots of land and an easement is proposed in order to
provide lawful access to the garage and parking areas at the rear of the site (figure 11).
Figure 11 – Proposed Access Easement
The proposed shared access arrangement is considered a positive outcome for the development
and use of the land. The proposed access easement is supported.
Engineering
Carparking
The proposal includes parking for the units and 2 visitor spaces at the rear. The spaces are
proposed as:
i. tandem parking spaces within the garage (1 large car and 1 small car) for Units 1
and 4, and
ii. 2 separate garages (1 large car and 1 small car) for units 2 and 3
The dimensions for the garages for units 2 and 3 and the visitor spaces comply with the relevant
Australian Standard (AS/NZS2890.1:2004).
It is noted that the overall internal depth of the garage for the tandem spaces for units 1 and 4 is
10.13m which is slightly less than that required by AS/NZS2890.1:2004 (5.4m for a large car and
5.0m for a small car). This will require minor design changes prior to the issue of a building
permit. Relevant conditions have been included in the recommendation.
Access and frontage works
The proposal includes a shared access driveway and reciprocal access easements. The
proposed layout provides for passing and storage within the site without the need for vehicles to
“hold” or wait across the footpath at the entrance to the site. It is noted that Council’s recent
improvements to Hilton Terrace included the relocation of a stormwater inlet pit further to the east
so it is now clear of the proposed access driveway
It was apparent from a site inspection that the existing 1.2m wide footpath is aged, has
inconsistent levels and has some cracking. It is also noted that damage may occur during the
construction process and the removal of existing crossovers. It is noted that the footpath to the
east and west of the site is also 1.2m wide. It is noted that the current verge width is relatively
narrow and it is unlikely that the recommended pathway width for the road category can be
achieved without impacting on services and street trees. The minimum width shown on Council’s
standard drawings is 1.5m and it is considered reasonable to require 1.5m in this instance. A
condition for the replacement of the footpath with a minimum width of 1.5m has been included.
Stormwater
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It is noted that the submitted survey plan indicates that the site currenty slopes from the Hilton
Terrace frontage (approximate RL1.6) down to the rear boundary (approximate RL1.3) The
proposal includes a retaining wall approximately 1.2m high offset 750mm from the rear boundary.
This wall has the potential block overland flows from the adjoining property during significant rain
events. It is noted that the stormwater drainage system indicated on the submitted Stormwater
Management Plan extends to the rear courtyards and the visitor carspaces. A condition has been
included for the drainage system to be extended to the area beyond the retaining wall to convey
overland flows during significant rain events.
4. NOOSA PLAN 2020
Under the Noosa Plan 2020, the subject site is identified within the Medium Density Residential
Zone. Dual Occupancy is identified as a consistent use within the zone.
With regards to the proposed duplex/dual occupancy development of the site, the relevant
provisions under the Noosa Plan 2020 are generally consistent with the provisions of The Noosa
Plan 2006, however a reduction of plot ratio from 0.45:1 down to 0.4:1 is noted. The reduction of
gross floor area for dual occupancy development seeks to encourage development in the form of
multiple small dwelling units (3 or more) where possible, instead of only 1 or 2 dwellings, for
Medium and High Density areas.
The proposed development of 2 x duplex dwellings with shared access is considered a positive
land use on the site and is consistent with the intent of the zoning under both the superseded and
the current planning scheme.
5. CONSULTATION
5.1. Other Referrals
The application was forwarded to the following internal Council officers:
Engineering, Development Assessment
6. 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 MCU20/0021 & RAL20/0002 for a Material Change of Use -
Multiple Housing - Type 2 Duplex (x2) situated at 53 & 55 Hilton Tce Tewantin and described as
Lot 1 RP 117315 & Lot 121 RP 70296, it is recommended the application be approved in
accordance with the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: MCU20/0021
Street address: 53 & 55 Hilton Tce Tewantin Qld 4565
Real property description: Lot 121 RP 70296
Lot 1 RP 117315
Planning Scheme: The Noosa Plan (8 June 2018)
2. DECISION DETAILS
Council decided to issue the following type of approval:
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Development Permit for Material Change of Use - Multiple Housing - Type 2 Duplex (2 x 2
Units) and Reconfiguration of a Lot – Access Easement.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
MATERIAL CHANGE OF USE
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.
Plan No. Rev. Plan/Document Name Date
N-DA-1F N-DA-1F Perspective, prepared by Roger Parkin 09/10/2020
Project Architects
N-DA-3F - Ground Floor (Lot 1 RP117315), prepared by 09/10/2020
Roger Parkin Project Architects
As annotated by Council
N-DA-4F - First Floor (Lot 1 RP117315), prepared by 09/10/2020
Roger Parkin Project Architects
As annotated by Council
N-DA-6F - Ground Floor (Lot 121 RP70296), prepared 09/10/2020
by Roger Parkin Project Architects
As annotated by Council
N-DA-7F - First Floor (Lot 121 RP70296), prepared by 09/10/2020
Roger Parkin Project Architects
As annotated by Council
N-DA-8F N-DA-1F Roof Plan, prepared by Roger Parkin Project 09/10/2020
Architects
N-DA-9F - Elevations (Front & Rear), prepared by Roger 09/10/2020
Parkin Project Architects
N-DA-10F - Elevations (Sides - Lot 1 RP117315), 09/10/2020
prepared by Roger Parkin Project Architects
N-DA-11F - Elevations (Sides - Lot 121 RP70296), 09/10/2020
prepared by Roger Parkin Project Architects
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N-DA-12F - Sections, prepared by Roger Parkin Project 09/10/2020
Architects
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed within this Decision Notice. The Approved Plans must be
amended to incorporate the amendments listed within this Decision Notice and resubmitted
to Council prior to the issue of any Development Permit for Operational Works.
*(Refer to Advisory Note)
Gross Floor Area
4. The proposed development must not exceed the following gross floor area:
Lot 121 RP 70296: 264.2m2 max.
Lot 1 RP 117315: 271m2 max.
In this regard, the approved plans must be amended and resubmitted to Council prior to the
issue of any Development Permit for Operational Works.
Setbacks
5. The development (including any balustrading on the upper level balcony/deck areas) must
comply with the following standard side boundary setbacks:
a. 1.5m setback up to 4.5m height;
b. 2m setback between 4.5m - 7.5m height; and
c. 2m plus 0.5m for every 3m above 7.5m height or part thereof
6. The proposed pergolas over the front entry gates are not approved and must be removed
from the plans.
7. With regards to the above requirements, the approved plans must be amended and
resubmitted to Council prior to the issue of any Development Permit for Operational Works.
Pool Area and Pool Fencing
8. The front setback area (pool area) must be constructed and comprise dense landscaping in
such a way that any required pool fencing is not visible from the streetscape.
Currency Period
9. The Currency Period for this development approval lapses if the use has not happened by
29 October 2026, unless an application to extend the currency period is approved by
Council.
Building Height
10. The maximum height of the development must not exceed 8 metres above the finished
ground level and the natural ground level, except for the clerestory/clearstorey roof forms
which must not exceed 8.45 metres in height from natural ground level.
11. 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.
Performance Bond
12. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must
be submitted to Council, 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. Council reserves the
right to call upon the bond or guaranteed sum to effect compliance with conditions.
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Building Appearance
13. The eaves of the buildings must be 600mm in width for at least 75% of the perimeter of the
buildings.
14. All air conditioning units or other mechanical equipment must be located at ground level, or
otherwise fully enclosed or screened such that they are not visible from the street frontages
nor adjoining properties.
15. All deck and balcony areas above ground floor must not be enclosed by permanent fixtures
such as shutters, louvres, glass panelling or the like.
Fencing and Walls
16. Any street fencing must be set back an average of 1 metre from the front property
boundary. Any fencing on the front boundary must either:
a. not exceed a maximum height of 1.2m
b. be of open construction.
17. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
18. Pool fencing must not be visible from the perspective of the street.
Clothes Drying Areas
19. Each dwelling unit must be provided with access to an outdoor clothes line which is
screened from public view.
Protection of Privacy
20. To ensure privacy, doors, windows or glazing that have the potential to overlook the private
spaces of neighbouring properties must include fixed external screens, positioned in such a
way to obscure direct views into the habitable room windows or private open space areas
of the adjoining property.
Landscaping Works
21. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan.
22. 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.
23. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
24. A minimum 2 metre landscape setback must be provided along the rear boundary of the
site, except for at the location of the driveway and visitor parking areas which must have a
minimum 1 metre landscape setback.
Community Management Statement
25. 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.
26. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice.
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Street Identification
27. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate, the
building name.
Water & Sewer Connections
28. An underground connection to reticulated water and sewerage must be provided to each
lot/the development site in accordance with the standards and requirements of Northern
SEQ Distributor–Retailer Authority (Unitywater).
29. 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/the development site.
DEMOLITION
Performance Bond
30. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be
submitted to Council prior to the issue of a Development Permit for Building Works for
demolition, to secure the demolition conditions of this approval. The cash bond or trading
bank guarantee will be returned on performance of the demolition conditions of this
approval less any costs incurred by Council in respect of enforcing performance of these
demolition conditions. Council reserves the right to call upon the bond or guaranteed sum
to effect compliance with conditions.
Works
31. Demolition must be undertaken in a manner that causes no detrimental effect upon the
amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-
borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other
emissions in accordance with the nuisance provisions of the Environmental Protection Act
1994.
Waste management
32. A Waste Management Plan (demolition) must be submitted in accordance with Planning
Scheme Policy 11 - Waste Management Plan and approved by Council’s Waste
Coordinator prior to issue of a development permit for Building Works for demolition,
removal or relocation.
33. The purpose of the Waste Management Plan is to facilitate the segregation of waste for the
effective reuse and recycling of such materials. Segregated wastes attract significantly
reduced disposal fees at the landfill with some items free. Higher gate fees are charged for
mixed waste.
34. Waste storage areas must provide for adequate separation of all reusable, recyclable and
waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
a. The areas for the storage and separation of waste shown on a site plan;
b. A waste management table as indicated below is to be completed showing how
waste material is to be segregated - recycled – reused or disposed; and
c. Table – Waste Management Table
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MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify contractor
materials volume(m³) *specify proposed *specify contractor and landfill site or
re-use or on-site and recycling outlet other disposal site
recycling methods
Excavation
material
Green waste
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals - please
specify
Asbestos
Other - please
specify
Note * If a demolition contractor is undertaking works, then the Waste Management table is
to be completed by the demolition contractor.
Damage to infrastructure
35. Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel,
bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
36. The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s
and the like. If the site remains vacant for more than 30 days the lot/s must be turfed or
landscaped in accordance with Planning Scheme Policy PSP 3 – Landscaping Plants and
Guidelines and to the satisfaction of Council so as to not cause nuisance to the
surrounding area.
37. All waste materials must be removed from site.
Litter, erosion and sediment control
38. Litter, erosion and sediment control measures must be installed and maintained until soils
are stabilised by turf, vegetation or sealed.
39. Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially
allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage
system (e.g. roadside gutter).
Asbestos
40. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
41. Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
commences. Notification must be made using Form 65: Notification of licensed asbestos
removal work, demolition work or emergency demolition.
42. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008.
43. Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses
businesses that transport asbestos waste, and landfills that accept this waste.
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44. All building materials containing asbestos, including asbestos cement sheeting or roofing
and lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
45. It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at
demolition of a building, the existing sanitary drain upstream from the connection point for a
service provider’s sewerage system must be sealed water tight. This work is deemed as
notifiable Work and must be carried out by a suitably licenced plumber who must submit an
As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland
Building Construction Commission) within 10 days of completing the work.ENGineering
External Works
46. Hilton Terrace 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:
a. construction of a pedestrian footpath in accordance with the conditions of this
Decision Notice
b. removal of the existing property accesses and reinstatement of the kerb, footpath and
verge area to match the balance of the site frontage, including the provision of topsoil
and turf where the existing verge is grassed
Condition 46 is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk
infrastructure identified by Council’s LGIP to service the development.
Site Access and Driveways
47. A sealed access driveway must be provided from Hilton Terrace to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval and must include in particular:
a. a driveway crossover generally in accordance with Council’s standard drawing RS-
051 and any associated addendum
b. an internal driveway generally in accordance with the approved plans
c. suitable signage at the southern (garaging) end advising drivers to “give way” to
incoming vehicles.
Car Parking
48. A minimum of 6 car parking spaces (including 2 visitor spaces) must be provided and
marked on the site and made available and accessible at all times. The works must be
undertaken in accordance with an Operational Works approval and must include in
particular:
a. 2 visitor parking spaces within the total, which are clearly marked for that purpose
and accessible at all times for visitor use
b. dimensions, openings, crossfalls and gradients in accordance with Australian
Standard AS/NZS2890.1:2004
49. 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.
50. Directional signage must be provided to direct visitors to the car parking spaces provided
on site.
Pedestrian and Bicycle Facilities
51. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in
particular:
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a. a new 1.5 metre wide footpath within the road verge for the entire length of the site’s
frontage to Hilton Terrace. The path must be in accordance with Council’s standard
drawing RS-065 and any associated addendum
Condition 51 is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk
infrastructure identified by Council’s LGIP to service the development.
Stormwater Drainage
52. 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 an Operational Works
approval and be generally in accordance with the drawing titled “Stormwater Management
plan” No. 30101-SW1.1 prepared by SCG Consulting Engineers dated May 2020, and must
include in particular:
a. extension of the site stormwater system to collect and convey ponded water from the
area of the site between the proposed retaining wall and the rear boundary.
b. the use of gravity stormwater drainage and not surcharge pits.
Condition 52 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Services
53. 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.
54. 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
55. 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.
56. 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.
57. 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
58. All fill and associated batters must be undertaken in accordance with an Operational Works
approval, and contained entirely within the subject site unless written permission from the
respective landowner(s) is provided to Council.
59. The Filling works required on site shall be carried out in accordance with Council’s
Planning Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the
additional ponding of water on any adjoining lands or the blockage of, or interference with,
any natural watercourses.
60. 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
61. 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:
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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.
RECONFIGURING A LOT
Reconfiguring a Lot (Access Easements)
Access Easements
62. Reciprocal easements for Access must be created prior to the commencement of the use.
The extent of the easements must be generally be as shown on the approved plans and be
of sufficient dimensions to wholly contain the access and manoeuvring areas required to
permit vehicles to enter the site in a forward gear, access the garaging and exit the site in a
forward gear. The easements must also include services where necessary. Prior to Council
endorsement of the Plan of Survey, a duly executed copy of any required easement
document must be submitted to Council for perusal.
Currency Period
63. The Currency Period for this development approval lapses if the use has not happened by
29 October 2026, unless an application to extend the currency period is approved by
Council.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
PLANNING
Resubmission of Amended Plans Required
1. The conditions of this Decision Notice require resubmission of plans to Council with
amendments. Please address the amended plans to Council’s Development Assessment
Branch with the Reference No. MCU20/0021, separate to any Operational Works
application. To avoid delays and assessment issues with the Operational Works
application, it is recommended the plans be resubmitted prior to lodgement of any
Operational Works application. However, should the plans not be submitted, the applicant
is advised that a Preliminary Approval may be issued in lieu of a Development Permit.
Infrastructure Charges
2. 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.
Development Compliance Inspection
3. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Sustainability
4. 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
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ENGINEERING
Building and Construction Industry (Portable Long Service Leave) Levy
5. The QLeave levy must be paid prior to the issue of a development permit where it is
required. Council will not be able to issue a Decision Notice without receipt of details that
the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
6. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will
result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
7. A preliminary Construction Management Plan must be submitted with the Operational
Works application and must address the following:
a. traffic management during all aspects of the construction phase including:
i. a Traffic Management Control Plan in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction
ii. maintenance of safe pedestrian access for the areas affected by the works
during and after daily construction has ceased
iii. proposed fencing to the site during the construction phase of the development
iv. provision for worker car parking
b. maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures
c. works programme identifying key components of the works and their respective
durations
d. establishment of a communication protocol with the general public, adjoining owners,
and emergency services to advise of agreed construction times, impacts on traffic,
services and other relevant issues
e. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
f. 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 shall be fully repaired at the
applicant’s expense
g. it is acknowledged that the preliminary Construction Management Plan will be a draft
document requiring finalisation upon appointment of the Principal Contractor
employed to construct the works and a final document will be required to be
submitted at the Pre-Start Meeting for the project.
Private Infrastructure
8. All private infrastructure for the development must be designed to meet the planning
scheme requirements unless otherwise agreed by the relevant authority
7. PROPERTY NOTES
Not applicable.
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8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Earthworks, Stormwater, Frontage Works,
Driveway, Landscaping, Car parking
Development Permit for Building Works All building works
10. SUBMISSIONS
Not applicable.
11. 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.
12. 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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