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Delegated Report - Code - Planning MCU20 0021 [As Published]

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               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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Document Set ID: 21107969
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