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2014-12-18 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 18 December 2014
commencing at 6pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Noel Playford (Chair), Bob Abbot, Sandy Bolton, Joe Jurisevic,
Frank Pardon, Tony Wellington, Frank Wilkie
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Section 2
ORDINARY MEETING MINUTES 18 DECEMBER 2014
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor N Playford, Mayor
Councillor B Abbot
Councillor S Bolton
Councillor J Jurisevic
Councillor F Pardon
Councillor T Wellington
Councillor F Wilkie
EXECUTIVE
B de Chastel, Chief Executive Officer
A Rogers, Director Community Services
M Shave, Director Corporate Services
M Drydale, Director Planning & Infrastructure
D Iezzi, Executive Manager
APOLOGIES
Nil.
The meeting commenced at 6.00pm.
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Bolton
Seconded: Cr Pardon
The Minutes of the Ordinary Meeting held on 20 November 2014 be received and
confirmed.
Carried.
3 MAYORAL MINUTES
Nil.
4 NOTIFIED MOTIONS
Nil.
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Section 3
ORDINARY MEETING MINUTES 18 DECEMBER 2014
5 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
INFRASTRUCTURE & SERVICES COMMITTEE RECOMMENDATIONS
9 DECEMBER 2014 - Crs Sandy Bolton (Chair), Bob Abbot, Frank Pardon, Noel Playford
Other Councillors in Attendance: Crs Joe Jurisevic and Frank Wilkie
The Recommendations from the Infrastructure and Services Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Pardon
Seconded: Cr Bolton
The Infrastructure & Services Committee recommendations dated 9 December 2014 be adopted.
Carried.
1 COUNCIL CABS & FLEXILINK SERVICES REVIEW
Item not dealt with by Infrastructure & Services Committee. Referred to General
Committee for consideration.
Reason for referral: Infrastructure & Services Committee requested a further report
providing more detailed information on costings, eligibility and criteria
2 NOOSA COUNCIL TRAFFIC ADVISORY AND SPEED MANAGEMENT COMMITTEE -
AUGUST 2014
That Council note the report by the Design Services Manager to the Infrastructure &
Services Committee Meeting dated 9 December 2014 detailing the key outcomes of the
Noosa Traffic Advisory and Speed Management Committee meeting held on 14 August
2014.
3 NOOSA SOCIAL PLAN 2016-2023 - WAY FORWARD
That Council note the report by the Community Development Coordinator to the
Infrastructure & Services Committee Meeting dated 9 December 2014 and
A. Agree that work commence on developing a new Noosa Social Plan 2016 -2023
B. Approve the proposed membership of the Noosa Social Plan Reference Group as per
Attachment 1
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Section 4
ORDINARY MEETING MINUTES 18 DECEMBER 2014
4 ANNUAL DISASTER MANAGEMENT REPORT 2014
That Council note the report by the Director Community Services to the Infrastructure &
Services Committee dated 9 December 2014 and:
A. Appoint members to the Noosa Local Disaster Management Group (LDMG) for 2015
as set out in Attachment 1; and
B. Request the Local Disaster Coordinator in liaison with the Noosa LDMG to develop a
Noosa Local Disaster Management Plan for adoption by Council prior to 30 June
2015.
5 WASTE COLLECTION SERVICES POLICY
Item not dealt with by Infrastructure & Services Committee. Referred to General
Committee for consideration.
Reason for referral: Infrastructure & Services Committee requested a further report
outlining suggested amendments to the Policy
6 WASTE MANAGEMENT CONTRACT 1415T006 AND IMPROVED CHEMICAL DOSING
AND MONITORING
That Council note the report by the Manager Waste and Environmental Health and the
Project Manager to the Infrastructure & Services Committee Meeting dated 9 December
2014 and
A. Award Contract 1415T006 to Sunstate Group Pty Ltd for the lump sum amount of
$840,510;
B. Allocate $175,000 from the Waste Management Reserve to cover the additional
funding for delivery of contract 1415T006;
C. Agree to proceed with the design and construction of improved chemical dosing and
monitoring equipment for the project, which are outside the scope of Contract
1415T006, at an estimated cost of $120,000, with costs allocated from the Waste
Management Reserve; and
D. Agree to budget adjustments being made in the next budget review.
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Section 5
ORDINARY MEETING MINUTES 18 DECEMBER 2014
PLANNING & ORGANISATION COMMITTEE RECOMMENDATIONS
9 DECEMBER 2014 – Crs. Frank Wilkie (Chair), Joe Jurisevic, Noel Playford,
Tony Wellington
Other Councillors in Attendance: Nil.
The Recommendations from the Planning and Organisation Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Wellington
The Planning & Organisation Committee recommendations dated 9 December 2014 be adopted.
Carried.
1 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF 3 LOTS INTO 17 LOTS
SITUATED AT 55 LAKE MACDONALD DRIVE, COOROY - REC13/0146
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 9 December 2014 regarding Application No. REC13/0146 for a
Development Permit for Reconfiguration of a lot (3 lots into 17 lots) situated at 55 Lake
Macdonald Drive, Cooroy and:
A. Grant a Preliminary Approval in accordance with the following conditions:
PLANNING
Preliminary Approval
1. Prior to the issue of a Development Permit a revised flood strategy must be
provided. The flood strategy must demonstrate a non-worsening at the site’s
boundaries for rain events up to and including the 1%AEP based on the
following:
a. conventional bioretention/detention for the developed portion of the site.
The flood strategy must not rely upon increasing floodplain roughness to
achieve flood storage requirements
b. modified flood plain storage to offset any impacts created by vegetation
rehabilitation and restoration of the western tributary
c. works in the tributary must not include extensive re-profiling and/or
armouring of the existing watercourse.
When Conditions Must Be Complied With
2. Unless otherwise stated, all works required by the conditions of this Decision
Notice must be completed prior to Council endorsement of the Plan of Survey.
Approved Plans
3. 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.
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Section 6
ORDINARY MEETING MINUTES 18 DECEMBER 2014
Plan No. Rev. Plan, prepared by Date
10-3032AP5B Plan of Lot Reconfiguration of Lot 5 on 02-07-14
SP266731 & Parts of Lot 137 on MCH978 &
Lot 2 on RP173883 (Stage 3)
1225-89 A Revegetation & Rehabilitation Management 1 October
Plan – Eastern Tributary Stage 5 & 6 and as 2014
annotated by Council
4. All lot numbering on the subdivision plan to be submitted to Council for
compliance assessment must remain as shown on the Approved Plans.
5. The development must be undertaken and operated in a manner that causes
no detrimental effect upon the amenity of the neighbourhood by reason of the
creation of excessive noise, lighting nuisance or other emissions.
Road & Park Names
6. The proposed names of roads and parks must be lodged with the application
for a Development Permit for Operational Works. Names are to be:
a. Relevant to Australian, preferably local, history ,flora, fauna, culture,
landscape or physical characteristics;
b. If used, personal names should commemorate persons who have
contributed significantly to the development of the region; demonstrated
outstanding levels of civic service; or achieved role-model status in the
wider community or donated property or funds for community benefit; and
be recognised in memoriam;
c. Park names should be unique within the locality;
d. Approval will not be given to a name that may construed as advertising, is
more than one word, understanding that a geographic relationship such
as Cooroy Mountain is permissible; is insensitive to diverse cultures and
does not accord with community standards; and is not concise, easy to
pronounce and spell and be without accent marks, apostrophes or
hyphens.
7. All street signs on new roads (public and private) and parks must be erected
prior to works being accepted on maintenance.
Boundary Encroachments
8. Certification must be submitted to Council from a Licensed Surveyor which
certifies that:
a. all constructed access and roadworks (including associated fill batters
and retaining walls) are fully contained within a dedicated reserve or
registered easement
b. all utility services and connections (eg. electricity, telecommunications,
water, sewerage) are wholly located within the lot they serve or
alternatively included within an easement
c. all retaining walls and structures are fully contained within the lot they
retain
d. any fill, including fill batters, are wholly contained within the subject site
and not on adjacent properties
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Section 7
ORDINARY MEETING MINUTES 18 DECEMBER 2014
Water & Sewer Connections
9. An underground connection to reticulated water and sewerage must be
provided to each lot in accordance with the standards and requirements of
Northern SEQ Distributor–Retailer Authority (Unitywater).
10. A Certificate of Completion from the Northern SEQ Distributor–Retailer
Authority (Unitywater) must be submitted to Council that certifies an
underground connection to reticulated water and sewerage has been provided
to each lot.
Performance Bond
11. 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.
Landscaping & Ecology
12. Landscaping and rehabilitation works must be undertaken in accordance with
an Operational Works approval and Planning Scheme Policy - PSP 3
Landscaping Plants and Guidelines. An ecological rehabilitation and
landscaping plan must be submitted, prepared by a suitably qualified person*
and must include in particular:
a. Western Tributary - the area to be rehabilitated must be generally 10m
from the top of bank of the western tributary and the whole of The Noosa
Plan’s mapped Riparian Buffer area to the western side of the western
tributary.
b. Eastern Tributary - the area to be rehabilitated must be generally in
accordance with the approved Revegetation & Rehabilitation
Management Plan – Eastern Tributary Stage 5 & 6
c. details of the treatment to all batters, armoury, plantings, weed treatment,
location of services/utilities and rehabilitation.
d. a maintenance period of no less than 3 years
e. a species palette and densities table incorporating the species selection
of only native indigenous species
f. measurable and achievable criteria on which the performance of the
floristic and structural component of the re-vegetation strategy can be
assessed annually over three years, including no weeds at the end of the
re-vegetation period
g. provision of 1 street tree with a minimum pot size of 100 litres planted
within the road reserve for every 8 metres of road frontage including
around the cul de sac’s
h. control of all weeds species listed in the following standards and
legislation:
i. declared plants under the Land Protection (Pest and Stock Route
Management) Act 2002 and sub-ordinate Regulation 2003
ii. Council Listed Environmental Weeds, Exotic Grasses and other
plants identified in writing by Council (*refer to Advisory Note)
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Section 8
ORDINARY MEETING MINUTES 18 DECEMBER 2014
13. All rehabilitation and re-vegetation of the eastern tributary (waterway) must be
completed prior to Council endorsement of the Plan of Survey.
Dedication of Land as Reserve
14. The area identified as lot 100 Park must be dedicated to the Crown as a
reserve for Park purposes. The land to be dedicated is “non-trunk
infrastructure” for the purposes of the Sustainable Planning Act 2009.
Active Park
15. Active park embellishments must be provided generally in accordance with
drawing number 14/005-S01, titled Erindale Park, Cooroy Proposed Park Land
Development Concept Plan, prepared by Play Environment Consulting dated
13.05.14 and 14/005-S01 and 14/005-S02, titled Erindale Park, Cooroy
Proposed Park Land Development Concept Plan, prepared by Play
Environment Consulting dated 17.11.14. All works to be dedicated are “non-
trunk infrastructure” for the purposes of the Sustainable Planning Act 2009.
Works within Protected Land
16. The following works must be undertaken within the land to be dedicated to the
Crown as Park reserve:
a. footbridge and pathway
b. All rehabilitation and re-vegetation of the eastern and western tributaries
(watercourses)
c. Active Park embellishments in accordance with this Decision Notice.
All works must be undertaken in accordance with an Operational Works
approval.
ENGINEERING
External Works
17. A new intersection must be constructed joining Blue Wren Place with the new
road. The works must be undertaken in accordance with an Operational Works
approval, and must include in particular:
a. vehicle priority maintained to Blue Wren Place
b. provision of sight distances adequate for the design speed of the road
c. installation of street lighting
All works to be dedicated are “non-trunk infrastructure” for the purposes of the
Sustainable Planning Act 2009.
New Roads
18. The new roads shown on the Approved Plans must be constructed in
accordance with the conditions of this Decision Notice and dedicated as road
reserve at no cost to Council. The works must be undertaken in accordance
with an Operational Works approval and must include in particular:
a. a reserve width of 15 metres minimum widened where applicable to
encompass the cul-de-sacs and the necessary verge areas
b. sealing, kerbing and channelling
c. an “Access Road” in accordance with Council’s Planning Scheme Policy
5 – Engineering Design Standards - Road, Drainage and Earthworks
d. construction of pedestrian footpaths in accordance with the conditions of
this Decision Notice
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Section 9
ORDINARY MEETING MINUTES 18 DECEMBER 2014
e. installation of street lighting
f. modifications to existing services
g. cul-de-sacs in accordance with Council’s Planning Scheme Policy 5 –
Engineering Design Standards - Road, Drainage and Earthworks
h. bollards or similar approved barriers on the western side of the new road
that prevent vehicles from entering into the proposed bio-swale and park
i. flood immunity in accordance with QUDM
All works to be dedicated are “non-trunk infrastructure” for the purposes of the
Sustainable Planning Act 2009.
Pedestrian and Bicycle Facilities
19. 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:
a. a 2 metre wide footpath within the road verge on the eastern side of the
new road extending to join with the existing pathway in Blue Wren Place
b. pram ramps on both sides of Blue Wren Place at the intersection with the
new road
c. a 2 metre wide footpath within proposed Lot 100 extending to the
pathway and footbridge as shown on plan number 1225-62A dated 9/14
prepared by Callaghan and Toth
d. a 2 metre wide footpath within the new road (between lots 25 & 26) and
proposed Lot 100 connecting the cul-de-sac of the new road to the
existing pathway network in Lake Macdonald Drive.
All pedestrian and bicycle facilities to be dedicated are “non-trunk infrastructure”
for the purposes of the Sustainable Planning Act 2009.
Stormwater Drainage.
20. 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 must include in particular:
a. the drainage structures generally as shown on the Approved Plans
b. the provision of Level 2 inter-allotment drainage for proposed Lots 26-28
including registration of drainage easements
c. provision of kerb adapters for all new lots that discharge into the new road
d. extension of the site stormwater system to accommodate stormwater
from applicable areas external to the site, including registration of
drainage easements
e. a maintenance path to any proposed bioretention basin that is suitable for
Council’s maintenance vehicles
21. A stormwater quality treatment system must be provided for the development.
The works must be undertaken in accordance with an Operational Works
approval and the Bioretention Technical Design Guidelines (Water by Design)
and must include in particular:
a. stormwater quality treatment devices generally in accordance with the
Approved Plans
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Section 10
ORDINARY MEETING MINUTES 18 DECEMBER 2014
b. bioretention devices which:
i. are designed generally in accordance with IPWEQA Standard
Drawing No. WSUD-001
ii. are designed to ensure that flows which exceed the treatment
capacity of the device avoid damaging of the filter media or
subjecting the filter media to excessive sediment loads
iii. are provided with a free-draining outlet from the sub-soil drainage
system
22. Where bio-retention devices (or similar) are required within a residential
allotment the devices:
a. must be installed prior to the sealing of the Survey Plan
b. must be protected by a covenant.
c. a maintenance handbook, able to be provided to future owners, must be
prepared for the system to outline how the system works and the level of
maintenance that will be regularly required. The maintenance handbook
must be submitted to Council for approval and for records purposes prior
to the sealing of the Survey Plan.
23. Detailed life cycle costing must be prepared for the stormwater quality
treatment system by a Registered Professional Engineer Queensland and
submitted to Council prior to the issue of any Development Permit for
Operational Works.
Electricity and Telecommunication Services
24. Underground reticulated electricity and telecommunication services must be
provided to each lot in accordance with an approval for Operational Works and
the standards and requirements of the relevant service provider.
25. 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.
26. Certification must be submitted to Council from all relevant service providers
which certifies that the development has met the requirements of this Decision
Notice and all applicable legislation at the time of construction.
Easements
27. Easements for inter-allotment drainage within Lots 26-28 which encompass the
constructed drainage structures.
28. 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.
29. 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.
30. All works must be kept clear of any existing or proposed easements on the
subject land, unless agreed otherwise in writing by the Grantee.
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Section 11
ORDINARY MEETING MINUTES 18 DECEMBER 2014
Earthworks and Retaining Walls
31. 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.
UNITYWATER
The following Unitywater conditions are applied in accordance with the South East
Queensland (Distribution and Retail) Restructuring Act 2009 and Unitywater’s Interim
Connections Policy. The conditions below form part of a water connection aspect
which are taken to be a water approval for a staged connection. Any future
applications must be made to Unitywater under South East Queensland (Distribution
and Retail) Restructuring Act 2009. Unitywater can be contacted as follows:
Phone: 1300 0 Unity (1300 086 489)
Email: [email protected]
Web: www.unitywater.com
32. Reticulated water must be provided to each lot in the development. This must
include:
a. Ensuring that internal water pipes are wholly contained within the lot they
will serve.
b. An approved water meter for each lot in accordance with Unitywater and
SEQ Standard Drawings.
c. Provision of a water service from the existing 100mm diameter water
main to service located in Blue Wren Place to service each lot within the
proposed subdivision in accordance with Unitywater and SEQ Standard
Drawings.
d. Water meters must be located on alternative boundaries to electrical
pillars
e. The fire-fighting demand on Unitywater’s water supply system from the
development must not exceed 15 litres per second
33. Reticulated sewerage must be provided to each lot in the development. This
must include:
a. Ensuring sewer house drains are wholly contained within the Lot they will
serve.
b. Provision of sewerage infrastructure to within the property boundaries of
each Lot within the proposed subdivision.
34. A minimum clearance of 1.5 metres must be maintained between Unitywater
sewers and proposed building envelopes, buildings and other structures
35. Easements of between 3 and 10 metres must be provided over all Unitywater
sewers located within property boundaries in accordance with the SEQ
standards. Easements shall be centred over the pipe. Easement terms shall be
the most current registered dealing held by the Department of Natural
Resources & Mines and shall not be altered or amended.
36. Stormwater retention systems and gross pollutant traps must maintain a
minimum clearance of 1.5 metres from Unitywater water supply and sewerage
infrastructure
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Section 12
ORDINARY MEETING MINUTES 18 DECEMBER 2014
37. Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from
Unitywater water mains and 1.5 metres from Unitywater sewerage mains.
Landscaping plants within these clearances must be low growing when mature
and suitable Unitywater approved varieties.
38. Construction works undertaken in the vicinity of Unitywater water supply or
sewerage infrastructure must not adversely affect the integrity of the
infrastructure. All costs associated with repair, replacement or alteration of
infrastructure must be met by the applicant.
Advisory Notes
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan
and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003
(ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A
person who carries out an activity must take all reasonable and practicable
measures to ensure the activity does not harm Aboriginal cultural heritage”. It is
an offence to fail to comply with the duty of care. Substantial monetary
penalties may apply to individuals or corporations breaching this duty of care.
Injunctions may also be issued by the Land and Resources Tribunal, and the
Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural
heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 32476212 to discuss any
obligations under the ACH Act 2003.
Infrastructure Charges
2. This Development Permit will trigger an “Adopted Infrastructure Charge Notice”
(if applicable) to be issued in accordance with Council’s “Adopted Infrastructure
Charges Resolution” under the State Planning Regulatory Provision (Adopted
Charges) and the Sustainable Planning Act 2009.
Qualified Persons
3. For the purpose of preparing a Rehabilitation Plan, a qualified person is
considered to be a landscape architect or ecologist with a minimum of 3 years
current experience in the field of landscape design.
Building and Construction Industry (Portable Long Service Leave) Levy
4. 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
5. 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.
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Section 13
ORDINARY MEETING MINUTES 18 DECEMBER 2014
Preparation of a Preliminary Construction Management Plan
6. 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. approval of the Traffic Management Control Plan by the Department
of Transport and Main Roads (DTMR) for any works on State
controlled roads
v. 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, emergency services and local businesses 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.
UNITYWATER
7. Connection to the Unitywater live water supply and live sewerage system must
be undertaken by Unitywater at the applicant’s cost.
B. Include the following property notes:
REC13/0146 – Stormwater Treatment Device
The following notation applies to approved lots 26, 27 and 28:
“A private stormwater treatment device is located within this allotment and the owner
is responsible for any maintenance”
“This property contains a stormwater treatment device protected by a covenant, and
a maintenance handbook is available under separate application which outlines the
maintenance requirements.”
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Section 14
ORDINARY MEETING MINUTES 18 DECEMBER 2014
2 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF 2 LOTS INTO 6 LOTS
SITUATED AT 1-11 WILGEE COURT COOROY - REC14/0008
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 9 December 2014 regarding Application No. REC14/0008 for a
Development Permit for Reconfiguration of a lot (2 lots into 6 lots) situated at 1 – 11 Wilgee
Court Cooroy and approve the application in accordance with the following conditions:
PLANNING
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision Notice
must be completed prior to Council endorsement of the Plan of Survey.
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, prepared by Date
10-3032AP6B3 Plan of Proposed Reconfiguration of Lot 8 on 14-10-14
SP266743 (being part of Lot 137 on MCH978
& Lot 2 on RP173883) and as annotated by
Council
1225-89 A Revegetation & Rehabilitation Management 1 October 2014
Plan – Eastern Tributary Stage 5 & 6 and as
annotated by Council
3. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
4. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation of
excessive noise, lighting nuisance or other emissions.
Road & Park Names
5. The proposed names of roads and parks must be lodged with the application for a
Development Permit for Operational Works. Names are to be:
a. Relevant to Australian, preferably local, history ,flora, fauna, culture, landscape
or physical characteristics;
b. If used, personal names should commemorate persons who have contributed
significantly to the development of the region; demonstrated outstanding levels
of civic service; or achieved role-model status in the wider community or
donated property or funds for community benefit; and be recognised in
memoriam;
c. Park names should be unique within the locality;
d. Approval will not be given to a name that may construed as advertising, is more
than one word, understanding that a geographic relationship such as Cooroy
Mountain is permissible; is insensitive to diverse cultures and does not accord
with community standards; and is not concise, easy to pronounce and spell and
be without accent marks, apostrophes or hyphens.
6. All street signs on new roads (public and private) and parks must be erected prior to
works being accepted on maintenance.
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Section 15
ORDINARY MEETING MINUTES 18 DECEMBER 2014
Boundary Encroachments
7. Certification must be submitted to Council from a Licensed Surveyor which certifies
that:
a. all constructed access and roadworks (including associated fill batters and
retaining walls) are fully contained within a dedicated reserve or registered
easement
b. all utility services and connections (eg. electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included
within an easement
c. all retaining walls and structures are fully contained within the lot they retain
d. any fill, including fill batters, are wholly contained within the subject site and not
on adjacent properties
Water & Sewer Connections
8. An underground connection to reticulated water and sewerage must be provided to
each lot in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
9. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection to
reticulated water and sewerage has been provided to each lot.
Performance Bond
10. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
must be submitted to Council, to secure performance of all conditions of this
approval, prior to the issue of a Development Permit for 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.
Landscaping & Ecology
11. Lot 15 must be removed from within the Riparian Buffer Overlay of The Noosa Plan
and the boundary setback a minimum of 10 metres from the top of bank, whichever is
the greater. The area removed from the lot must be rehabilitated in accordance with
the conditions of this Decision Notice.
12. Landscaping and rehabilitation works must be undertaken in accordance with an
Operational Works approval and Planning Scheme Policy - PSP 3 Landscaping
Plants and Guidelines and must include an ecological rehabilitation and landscaping
plan, prepared by a suitably qualified person* and must include in particular:
a. the area to be rehabilitated and re-vegetated must be generally in accordance
with the approved Revegetation & Rehabilitation Management Plan – Eastern
Tributary Stage 5 & 6
b. details of the treatment to all batters, armoury, plantings, weed treatment,
location of services/utilities and rehabilitation.
c. a maintenance period of no less than 3 years
d. a species palette and densities table incorporating the species selection of only
native indigenous species
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e. measurable and achievable criteria on which the performance of the floristic
and structural component of the re-vegetation strategy can be assessed
annually over three years, including no weeds at the end of the re-vegetation
period
f. provision of 1 street tree with a minimum pot size of 100 litres planted within the
road reserve for every 8 metres of road frontage including around the cul de
sac
g. control of all weeds species listed in the following standards and legislation:
i. declared plants under the Land Protection (Pest and Stock Route
Management) Act 2002 and sub-ordinate Regulation 2003
ii. Council Listed Environmental Weeds, Exotic Grasses and other plants
identified in writing by Council (*refer to Advisory Note)
13. All rehabilitation of the eastern tributary (waterway) including the construction of the
footbridge must be completed prior to Council endorsement of the Plan of Survey.
ENGINEERING
External Works
14. A new intersection must be constructed joining Cordwood Drive with the new road
(Masonry Street). The works must be undertaken in accordance with an Operational
Works approval, and must include in particular:
a. vehicle priority maintained to Cordwood Drive
b. provision of sight distances adequate for the design speed of the road
c. installation of street lighting
All works to be dedicated are “non-trunk infrastructure” for the purposes of the
Sustainable Planning Act 2009.
New Roads
15. The new road (Masonry Street) shown on the Approved Plans must be constructed in
accordance with the conditions of this Decision Notice and dedicated as road reserve
at no cost to Council.
The road to be dedicated is “non-trunk infrastructure” for the purposes of the
Sustainable Planning Act 2009.
16. The new road (Masonry Street) as shown on the Approved Plans must be
constructed. The works must be undertaken in accordance with an Operational
Works approval and must include in particular:
a. a reserve width of 15 metres minimum widened where applicable to encompass
the cul-de-sac and the necessary verge areas
b. sealing, kerbing and channelling
c. an “Access Road” in accordance with Council’s Planning Scheme Policy 5 –
Engineering Design Standards - Road, Drainage and Earthworks
d. construction of pedestrian footpaths in accordance with the conditions of this
Decision Notice
e. installation of street lighting
f. modifications to existing services.
g. A cul-de-sac in accordance with Council’s Planning Scheme Policy 5 –
Engineering Design Standards - Road, Drainage and Earthworks
All works to be dedicated is “non-trunk infrastructure” for the purposes of the
Sustainable Planning Act 2009.
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Pedestrian and Bicycle Facilities
17. 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:
a. a 2 metre wide footpath within the road verge on the western side of “Masonry
Street” extending to join with the existing pathway in Cordwood Drive
b. pram ramps on both sides of “Masonry Street” at the intersection with
Cordwood Drive
c. the pathway and footbridge located generally as shown on plan number 1225-
62A dated 9/14 prepared by Callaghan and Toth excepting that the pathway
sections are to be a minimum 2 metres wide.
The pathway and footbridge to be dedicated is “non-trunk infrastructure” for the
purposes of the Sustainable Planning Act 2009.
Stormwater Drainage
18. 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 must include in particular:
a. The drainage structures generally as shown on the Approved Plans
b. The provision of Level 2 inter-allotment drainage for proposed Lots 14-16
including registration of drainage easements
c. Provision of kerb adapters for all new lots that discharge into the new road
d. Extension of the site stormwater system to accommodate stormwater from Lot
1 RP173883 and other applicable areas external to the site, including
registration of drainage easements.
e. A maintenance path to the bioretention basin that is suitable for Council’s
maintenance vehicles
All infrastructure to be dedicated is “non-trunk infrastructure” for the purposes of the
Sustainable Planning Act 2009.
19. The existing stormwater drainage system for Lots 5-7 on SP266743 must be modified
to discharge into the bioretention basin.
20. A stormwater quality treatment system must be provided for the development. The
works must be undertaken in accordance with an Operational Works approval and
the Bioretention Technical Design Guidelines (Water by Design) and must include in
particular:
a. stormwater quality treatment devices generally in accordance with the
Approved Plans
b. bioretention devices which:
i. are designed generally in accordance with IPWEQA Standard Drawing
No. WSUD-001
ii. are designed to ensure that flows which exceed the treatment capacity of
the device avoid damaging of the filter media or subjecting the filter media
to excessive sediment loads
iii. are provided with a free-draining outlet from the sub-soil drainage system
All infrastructure to be dedicated is “non-trunk infrastructure” for the purposes of the
Sustainable Planning Act 2009.
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21. Detailed life cycle costing must be prepared for the stormwater quality treatment
system by a Registered Professional Engineer Queensland and submitted to Council
prior to the issue of any Development Permit for Operational Works.
Stormwater and Flood Management
22. Stormwater and flood management for the development must be provided generally
in accordance with the provisions identified for the eastern tributary in the Stormwater
and Flooding Report prepared by BSM and dated 15 September 2014. The works
must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. a non-worsening at the site boundaries
b. certification must be submitted to Council at the completion of works from an
RPEQ which certifies that the development has met the stormwater and
flooding requirements of this Decision Notice
Electricity and Telecommunication Services
23. Underground reticulated electricity and telecommunication services must be provided
to each lot in accordance with an approval for Operational Works and the standards
and requirements of the relevant service provider.
24. 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.
25. Certification must be submitted to Council from all relevant service providers which
certifies that the development has met the requirements of this Decision Notice and
all applicable legislation at the time of construction.
Easements
26. Easements for inter-allotment drainage must be provided within Lots 11, and 14-16
which encompass the constructed drainage structures.
27. An easement for drainage purposes must be registered against the title of proposed
Lot 10 in favour of Council over the land area identified as the eastern portion of
proposed Lot 10 with extents defined as the full frontage to Wilgee Court to the east,
Lot 5 SP266743 to the north, extending along the southern boundary of proposed Lot
13 in REC14/0009 and the road reserve boundary to the eastern boundary of
proposed Lot 100 in REC14/0009, along the southern boundary of Lot 100 in
REC14/0009, then perpendicular to the southern boundary of proposed Lot 10 and
returning to Wilgee Court. Draft easement documentation must be submitted to
Council for endorsement
28. 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.
29. 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.
30. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
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Earthworks and Retaining Walls
31. All fill and associated batters must be undertaken in accordance with an Operational
Works approval, and contained entirely within the subject site.
Advisory Notes
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan
and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH
Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A
person who carries out an activity must take all reasonable and practicable measures
to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to
fail to comply with the duty of care. Substantial monetary penalties may apply to
individuals or corporations breaching this duty of care. Injunctions may also be issued
by the Land and Resources Tribunal, and the Minister administering the ACH Act can
also issue stop orders for an activity that is harming or is likely to harm Aboriginal
cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 32476212 to discuss any
obligations under the ACH Act.
Infrastructure Charges
2. This Development Permit will trigger an “Adopted Infrastructure Charge Notice” (if
applicable) to be issued in accordance with Council’s “Adopted Infrastructure
Charges Resolution” under the State Planning Regulatory Provision (Adopted
Charges) and the Sustainable Planning Act 2009.
Qualified Persons
3. For the purpose of preparing a Rehabilitation Plan, a qualified person is considered to
be a landscape architect or ecologist with a minimum of 3 years current experience in
the field of landscape design.
Building and Construction Industry (Portable Long Service Leave) Levy
4. 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
5. 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
6. 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
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iii. proposed fencing to the site during the construction phase of the
development
iv. approval of the Traffic Management Control Plan by the Department of
Transport and Main Roads (DTMR) for any works on State controlled
roads
v. 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, emergency services and local businesses 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.
3 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF 2 LOTS INTO 6 LOTS
PLUS 1 PARK LOT SITUATED AT 1 - 11 WILGEE COURT, COOROY - REC14/0009
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 9 December 2014 regarding Application No. REC14/0009 for a
Development Permit for Reconfiguration of a lot (2 lots into 6 lots) situated at 1 – 11 Wilgee
Court Cooroy and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision
Notice must be completed prior to Council endorsement of the Plan of Survey.
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.
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Plan No. Rev. Plan, prepared by Date
10-3032AP7B4 Plan of Proposed Reconfiguration of 14-10-14
Lot 8 on SP266743 (being part of
Lot 137 on MCH978 & Lot 2 on
RP173883)
1225-89 A Revegetation & Rehabilitation 1 October 2012
Management Plan – Eastern Tributary
Stage 5 & 6 and as annotated by
Council
3. All lot numbering on the subdivision plan to be submitted to Council for
compliance assessment must remain as shown on the Approved Plans.
4. The development must be undertaken and operated in a manner that causes
no detrimental effect upon the amenity of the neighbourhood by reason of the
creation of excessive noise, lighting nuisance or other emissions.
Road & Park Names
5. The proposed names of roads and parks must be lodged with the application
for a Development Permit for Operational Works. Names are to be:
a. Relevant to Australian, preferably local, history, flora, fauna, culture,
landscape or physical characteristics;
b. If used, personal names should commemorate persons who have
contributed significantly to the development of the region; demonstrated
outstanding levels of civic service; or achieved role-model status in the
wider community or donated property or funds for community benefit; and
be recognised in memoriam;
c. Park names should be unique within the locality;
d. Approval will not be given to a name that may construed as advertising, is
more than one word, understanding that a geographic relationship such
as Cooroy Mountain is permissible; is insensitive to diverse cultures and
does not accord with community standards; and is not concise, easy to
pronounce and spell and be without accent marks, apostrophes or
hyphens.
6. All street signs on new roads (public and private) and parks must be erected
prior to works being accepted on maintenance.
Boundary Encroachments
7. Certification must be submitted to Council from a Licensed Surveyor which
certifies that:
a. all constructed access and roadworks (including associated fill batters
and retaining walls) are fully contained within a dedicated reserve or
registered easement
b. all utility services and connections (eg. electricity, telecommunications,
water, sewerage) are wholly located within the lot they serve or
alternatively included within an easement
c. all retaining walls and structures are fully contained within the lot they
retain
d. any fill, including fill batters, are wholly contained within the subject site
and not on adjacent properties
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Water & Sewer Connections
8. An underground connection to reticulated water and sewerage must be
provided to each lot in accordance with the standards and requirements of
Northern SEQ Distributor–Retailer Authority (Unitywater).
9. A Certificate of Completion from the Northern SEQ Distributor–Retailer
Authority (Unitywater) must be submitted to Council that certifies an
underground connection to reticulated water and sewerage has been provided
to each lot.
Performance Bond
10. Security in the form of a cash bond or trading bank guarantee to the sum of
$10,000 must be submitted to Council, to secure performance of all conditions
of this approval, prior to the issue of a Development Permit for 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.
Landscaping & Ecology
11. Landscaping and rehabilitation works must be undertaken in accordance with
an Operational Works approval and Planning Scheme Policy - PSP 3
Landscaping Plants and Guidelines. An ecological rehabilitation and
landscaping plan must be submitted, prepared by a suitably qualified person*
and must include in particular:
a. the area to be rehabilitated and re-vegetated must be generally in
accordance with the approved Revegetation & Rehabilitation
Management Plan – Eastern Tributary Stage 5 & 6 and
b. details of the treatment to all batters, armoury, plantings, weed treatment,
location of services/utilities and rehabilitation.
c. a maintenance period of no less than 3 years
d. a species palette and densities table incorporating the species selection
of only native indigenous species
e. measurable and achievable criteria on which the performance of the
floristic and structural component of the re-vegetation strategy can be
assessed annually over three years, including no weeds at the end of the
re-vegetation period.
f. provision of 1 street tree with a minimum pot size of 100 litres planted
within the road reserve for every 8 metres of road frontage including
around the cul de sac
g. control of all weeds species listed in the following standards and
legislation:
i. declared plants under the Land Protection (Pest and Stock Route
Management) Act 2002 and sub-ordinate Regulation 2003
ii. Council Listed Environmental Weeds, Exotic Grasses and other
plants identified in writing by Council (*refer to Advisory Note)
12. All rehabilitation and re-vegetation of the eastern tributary (waterway) including
works within the Park and the construction of the footbridge must be completed
prior to Council endorsement of the Plan of Survey.
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Dedication of Land as Reserve
13. The area identified as lot 100 Park on the Approved Plans must be dedicated to
the Crown as a reserve for Park purposes. The land to be dedicated is “non-
trunk infrastructure” for the purposes of the Sustainable Planning Act 2009.
Works within Protected Land
14. The following works must be undertaken within the land to be dedicated to the
Crown as Park reserve:
a. footbridge and pathway
ENGINEERING
External Works
15. A new intersection must be constructed joining Cordwood Drive with the new
road (Masonry Street). The works must be undertaken in accordance with an
Operational Works approval, and must include in particular:
a. vehicle priority maintained to Cordwood Drive
b. provision of sight distances adequate for the design speed of the road
c. installation of street lighting
All works to be dedicated are “non-trunk infrastructure” for the purposes of the
Sustainable Planning Act 2009.
New Roads
16. The new road (Masonry Street) shown on the Approved Plans must be
constructed in accordance with the conditions of this Decision Notice and
dedicated as road reserve at no cost to Council. The works must be undertaken
in accordance with an Operational Works approval and must include in
particular:
a. a reserve width of 15 metres minimum widened where applicable to
encompass the cul-de-sac and the necessary verge areas
b. sealing, kerbing and channelling
c. An “Access Road” in accordance with Council’s Planning Scheme Policy
5 – Engineering Design Standards - Road, Drainage and Earthworks
d. construction of pedestrian footpaths in accordance with the conditions of
this Decision Notice
e. installation of street lighting
f. modifications to existing services
g. A cul-de-sac in accordance with Council’s Planning Scheme Policy 5 –
Engineering Design Standards - Road, Drainage and Earthworks.
All works to be dedicated are “non-trunk infrastructure” for the purposes of the
Sustainable Planning Act 2009.
Pedestrian and Bicycle Facilities
17. 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:
a. a 2 metre wide footpath within the road verge on the western side of
“Masonry Street” extending to join with the existing pathway in Cordwood
Drive
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b. pram ramps on both sides of “Masonry Street” at the intersection with
Cordwood Drive
c. the pathway and footbridge located generally as shown on plan number
1225-62A dated 9/14 prepared by Callaghan and Toth excepting that the
pathway sections are to be a minimum 2 metres wide.
The footpath and footbridge to be dedicated are “non-trunk infrastructure” for
the purposes of the Sustainable Planning Act 2009.
Stormwater Drainage.
18. 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 must include in particular:
a. The drainage structures generally as shown on the Approved Plans
b. provision of kerb adapters for all new lots that discharge into the new road
c. extension of the site stormwater system to accommodate stormwater
from Lot 1 RP173883 and other applicable areas external to the site,
including registration of drainage easements
d. a maintenance path to the bioretention basin that is suitable for Council’s
maintenance vehicles
All infrastructure to be dedicated is “non-trunk infrastructure” for the purposes of
the Sustainable Planning Act 2009.
19. The existing stormwater drainage system for Lots 5-7 on SP266743 must be
modified to discharge into the bioretention basin.
20. A stormwater quality treatment system must be provided for the development.
The works must be undertaken in accordance with an Operational Works
approval and the Bioretention Technical Design Guidelines (Water by Design)
and must include in particular:
a. stormwater quality treatment devices generally in accordance with the
Approved Plans
b. bioretention devices which:
i. are designed generally in accordance with IPWEQA Standard
Drawing No. WSUD-001
ii. are designed to ensure that flows which exceed the treatment
capacity of the device avoid damaging of the filter media or
subjecting the filter media to excessive sediment loads
iii. are provided with a free-draining outlet from the sub-soil drainage
system
All infrastructure to be dedicated is “non-trunk infrastructure” for the purposes of
the Sustainable Planning Act 2009.
21. Detailed life cycle costing must be prepared for the stormwater quality
treatment system by a Registered Professional Engineer Queensland and
submitted to Council prior to the issue of any Development Permit for
Operational Works.
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Stormwater and Flood Management
22. Stormwater and flood management for the development must be provided
generally in accordance with the provisions identified for the eastern tributary in
the Stormwater and Flooding prepared by BSM and dated 15 September 2014.
The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
a. a non-worsening at the site boundaries
b. certification must be submitted to Council at the completion of works from
an RPEQ which certifies that the development has met the stormwater
and flooding requirements of this Decision Notice
Electricity and Telecommunication Services
23. Underground reticulated electricity and telecommunication services must be
provided to each lot in accordance with an approval for Operational Works and
the standards and requirements of the relevant service provider.
24. 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.
25. Certification must be submitted to Council from all relevant service providers
which certifies that the development has met the requirements of this Decision
Notice and all applicable legislation at the time of construction.
Easements
26. An easement for inter-allotment drainage must be provided within Lot 11 which
encompasses the constructed drainage structures.
27. An easement for drainage purposes must be registered against the title of
proposed Lot 17 in favour of Council over the land area identified as the eastern
portion of proposed Lot 17 with extents defined as the full frontage to Wilgee
Court to the east, Lot 5 SP266743 to the north, extending along the southern
boundary of proposed Lot 13 and the road reserve boundary to the eastern
boundary of proposed Lot 100, along the southern boundary of Lot 100, then
perpendicular to the southern boundary of proposed Lot 17 and returning to
Wilgee Court. Draft easement documentation must be submitted to Council for
endorsement.
28. 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.
29. 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.
30. 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
31. All fill and associated batters must be undertaken in accordance with an
Operational Works approval, and contained entirely within the subject site.
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ORDINARY MEETING MINUTES 18 DECEMBER 2014
Advisory Notes
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan
and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003
(ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A
person who carries out an activity must take all reasonable and practicable
measures to ensure the activity does not harm Aboriginal cultural heritage”. It is
an offence to fail to comply with the duty of care. Substantial monetary
penalties may apply to individuals or corporations breaching this duty of care.
Injunctions may also be issued by the Land and Resources Tribunal, and the
Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural
heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 32476212 to discuss any
obligations under the ACH Act.
Infrastructure Charges
2. This Development Permit will trigger an “Adopted Infrastructure Charge Notice”
(if applicable) to be issued in accordance with Council’s “Adopted Infrastructure
Charges Resolution” under the State Planning Regulatory Provision (Adopted
Charges) and the Sustainable Planning Act 2009.
Qualified Persons
3. For the purpose of preparing a Rehabilitation Plan, a qualified person is
considered to be a landscape architect or ecologist with a minimum of 3 years
current experience in the field of landscape design.
Building and Construction Industry (Portable Long Service Leave) Levy
4. 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
5. 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
6. 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
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Section 27
ORDINARY MEETING MINUTES 18 DECEMBER 2014
iv. approval of the Traffic Management Control Plan by the Department
of Transport and Main Roads (DTMR) for any works on State
controlled roads
v. 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, emergency services and local businesses 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.
B. Include the following property note:
REC14/0009 – Gas Pipeline Buffer
The following notation applies to approved lots 10, 11, 12, and 13:
The allotment is within 200 metres of a gas pipeline easement. Enquiries regarding
the future construction and operation of the pipeline should be directed to the gas
pipeline licence holder - APA Group on 33236148 or PO Box 6569, Upper Mt Gravatt,
QLD 4122.
4 COMBINED DEVELOPMENT APPLICATION REC13/0148 & MCU13/0226 FOR
RECONFIGURING A LOT (2 INTO 25 LOTS & PARK) AND A S242 PRELIMINARY
APPROVAL FOR DETACHED HOUSING IN THE COMMUNITY SERVICES ZONE AT
PEARSONS RD AND 55 LAKE MACDONALD DRIVE, COOROY
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 9 December 2014 regarding Combined Application No.
REC13/0148 & MCU13/0226 for a Development Permit for Reconfiguring a Lot (2 into 25);
and Preliminary Approval for Material Change of Use under Section 242 of the Sustainable
Planning Act 2009 for development to be carried out in accordance with the Detached
House zone, situated at Pearsons Rd & 55 Lake Macdonald Dr Cooroy, and
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A. Approve the application in accordance with the following conditions:
Preliminary Approval for Material Change of Use under Section 242 of the
Sustainable Planning Act 2009 for development to be carried out in accordance
with the Detached Housing Zone on Lot 135 on MCH978
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 and may be amended by these conditions.
Plan No. Rev. Plan/Document Name Date
10-3032AZ1A - Plan of Proposed Reconfiguration of Lot 135 on 06/05/2014
MCH978 drawn by Max Watterson & Associates
Nature and Extent of Approved Use
3. This approval overrides the planning scheme pursuant to s242 of the Sustainable
Planning Act 2009 for the life of the approval to the extent that development on
the site must comply with the development provisions for the Detached Housing
zone within the Cooroy & Lake Macdonald Locality under The Noosa Plan.
Development Permit for Reconfiguring a Lot (2 into 25 and Park)
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision
Notice must be completed prior to submission of the subdivision plan to Council
for compliance assessment.
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
10-3032AZ1A - Plan of Proposed Reconfiguration of Lot 135 on 06/05/2014
MCH978 drawn by Max Watterson & Associates
3. All lot numbering on the subdivision plan to be submitted to Council for
compliance assessment must remain as shown on the Approved Plans.
4. The development must be undertaken and operated in a manner that causes
no detrimental effect upon the amenity of the neighbourhood by reason of the
creation of excessive noise, lighting nuisance or other emissions.
Road & Park Names
5. The proposed names of roads and parks must be lodged with the application
for a Development Permit for Operational Works. Names are to be:
a. Relevant to Australian, preferably local, history ,flora, fauna, culture,
landscape or physical characteristics;
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b. If used, personal names should commemorate persons who have
contributed significantly to the development of the region; demonstrated
outstanding levels of civic service; or achieved role-model status in the
wider community or donated property or funds for community benefit; and
be recognised in memoriam;
c. Park names should be unique within the locality;
d. Approval will not be given to a name that may construed as advertising, is
more than one word, understanding that a geographic relationship such
as Cooroy Mountain is permissible; is insensitive to diverse cultures and
does not accord with community standards; and is not concise, easy to
pronounce and spell and be without accent marks, apostrophes or
hyphens.
6. All street signs on new roads (public and private) and parks shall be erected
prior to works being accepted on maintenance.
Security Bond
7. Security in the form of a cash bonds or trading bank guarantees to the sum of
$20,000 must be submitted, to secure performance of all conditions of this
approval, prior to the issue of a Development Permit for Operational Works.
The cash bond or trading bank guarantee will be returned on performance of
the conditions of approval less any costs incurred by Council in respect of
enforcing performance of this permit.
Boundary Encroachments
8. Certification must be submitted to Council from a Licensed Surveyor which
certifies that:
a. All constructed access and roadworks (including associated fill batters
and retaining walls) are fully contained within a dedicated reserve or
registered easement.
b. All utility services and connections (eg. electricity, telecommunications,
water, sewerage) are wholly located within the lot they serve or
alternatively included within an easement.
c. All retaining walls and structures are fully contained within the lot they
retain.
d. Any fill, including fill batters, are wholly contained within the subject site
and not on adjacent properties.
Landscaping
9. Landscaping in the road reserve is to be in accordance with PSP03 –
Landscaping Plants & Guidelines and a properly prepared landscape plan,
prepared by a suitably qualified Landscape Architect or Horticulturalist. The
landscape plans are to be submitted and approved as part of the Operational
Works incorporating landscaping. Where other permits for Operational Works
for roads, drainage or access are required, the landscaping layout shall be
based on approved drawings for those Operational Works.
10. The landscaping plans shall include:
a. A minimum 2m wide landscaping buffer along the Elm Street frontage,
including a 2m truncation of the western property boundaries of lots 44-47
with Elm Street to establish screening vegetation on the site.
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b. The densely planted buffer shall be located so as to allow for adequate
sight lines, be clear of existing and proposed services within the road
reserve, including the footpath, power lines (using appropriate species
where applicable), bus stop design and to provide shade to pedestrians.
c. Retention of existing local origin trees located within the proposed parks,
which are not required to be removed for the bioretention basin. An
arborist must inspect the trees before and after works, to confirm they are
not affected by any earthworks;
d. New roads are to be landscaped with a minimum of 1 street tree with a
minimum pot size of 100 litres planted within the road reserve for every 8
metres of road frontage including around the cul de sac, which provide a
good-sized canopy to allow good shade once fully mature. Further to the
native street trees recommended for planting within PSP03, Council also
recommends the planting of 100 litre appropriate edible fruit tree species
as part of the road reserve plantings and located at the end of each
property boundary, to minimise impacts from construction and future
driveways.
e. Tree plantings must maintain a minimum horizontal clearance a minimum
distance of:
i. 2m from stormwater catchpits;
ii. 4m from overhead lighting; and
iii. Landscaping plants within these clearances must be low growing
when mature and suitable Council approved varieties.
11. Landscaping of the road reserve is to be completed in accordance with the
approved landscaping plan prior to acceptance of the development ‘On
Maintenance’ and maintained thereafter for a three (3) year period to the
reasonable satisfaction of Council.
Vegetation Protection & Weed Removal
12. Prior to issue of a Development Permit for Operational Works, an Ecological
Restoration Plan and Specifications for the proposed park shall be approved by
Council. The restoration plan shall include the following:
a. A plan indicating revegetation, including a species palette incorporating
the species selection of only native indigenous species;
b. Measurable and achievable criteria on which the performance of the
floristic and structural component of the re-vegetation strategy can be
assessed annually over 3 years, including no weeds in the park area for
all of the annual assessments and at the end of the re-vegetation period.
c. Control of all weed species listed in the following standards and
legislation:
i. Declared plants under the Land Protection (Pest and Stock Route
Management) Act 2002 and sub-ordinate Regulation 2003.
ii. Council listed Environmental Weeds, exotic grasses and other
plants identified in writing by Council.
d. All rehabilitation and revegetation must be completed prior to Council
endorsement of the Plan of Survey.
e. The area identified as Park on the Approved Plans must be dedicated to
the Crown as a reserve for Park purposes.
The land to be dedicated is “non-trunk infrastructure” for the purposes of
the Sustainable Planning Act 2009.
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ENGINEERING
External Works
13. Elm Street 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 kerb and channelling (OR table drain) and underground
stormwater drainage for the full frontage of the development site;
b. installation of street, pathway and bus stop lighting; and
c. widening and sealing of the existing road pavement to include the bus
stop and the entry and departure tapers.
The Elm St pathway infrastructure is imposed pursuant to s646 of the
Sustainable Planning Act 2009 being necessary trunk infrastructure
identified by Council’s LGIP to service the development. All other
infrastructure is imposed pursuant to s665 of the Sustainable Planning
Act 2009 being non-trunk infrastructure.
14. The new road must join smoothly with the existing formation of Blue Wren
Court. The works must be undertaken in accordance with an Operational Works
approval and be designed and constructed in accordance with Council’s
Planning Scheme Policy 5 – Engineering Design Standards - Roads, Drainage
and Earthworks. The works must include in particular:
a. provision of sight distances adequate for the design speed of the road;
b. relocation of the existing footpath, services and property accesses; and
c. retention of all existing parking facilities on Blue Wren Court.
This condition is imposed pursuant to s665 of the Sustainable Planning Act
2009 being non-trunk infrastructure.
Bus Stop
15. The developer must design and construct a bus stop on the Elm Street frontage
of the site. The works must be undertaken in accordance with an Operational
Works approval and must include in particular:
a. The proposed bus stop is to be “Indented” and be in accordance with the
current TransLink Public Transport Infrastructure Manual. The bus stop
must contain all Mandatory and Preferred components as stated in the
manual, and be constructed in accordance with the new Noosa Council
Custom Design Rural Bus Shelter; and
b. The design for the bus stop shall consider a Pedestrian Refuge Island
and a coupled bus stop (indented but unsheltered) on the opposite side of
Elm Street for future construction.
This condition is imposed pursuant to s665 of the Sustainable Planning Act
2009 being non-trunk infrastructure.
Blue Wren Close Road Works
16. The developer must construct 4 indented carparking bays on the northern side
of Blue Wren Close between the development site and Lake Macdonald Drive
with the final location determined in conjunction with Council. The works must
be undertaken in accordance with an Operational Works approval.
This condition is imposed pursuant to s665 of the Sustainable Planning Act
2009 being non-trunk infrastructure.
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New Roads
17. The new roads shown on the Approved Plans must be constructed in
accordance with the conditions of this Decision Notice and dedicated as road
reserve at no cost to Council.
This condition is imposed pursuant to s665 of the Sustainable Planning Act
2009 being non-trunk infrastructure.
18. The new roads as shown on the Approved Plans must be designed and
constructed in accordance with Council’s Planning Scheme Policy 5 –
Engineering Design Standards - Roads, Drainage and Earthworks. The works
must be undertaken in accordance with an Operational Works approval and
must include in particular:
a. Reserve and formation widths to an “Access Road” standard;
b. sealing, drainage, kerbing and channelling;
c. construction of pedestrian footpaths in accordance with the conditions of
this Decision Notice;
d. installation of street and pathway lighting; and
e. For roads terminating in a cul-de-sac, a circular turning area of sufficient
size to accommodate the single forward motion turn of a Waste Collection
Vehicle (WCV) clear of private driveways on-street parking and speed
control devices.
19. A temporary sealed turnaround facility must be constructed at the end of each
road left temporarily incomplete as a result of the development staging. The
temporary turnaround facility must be in accordance with an Operational Works
approval and must be of sufficient size to accommodate the 3-point turn
manoeuvre of a Waste Collection Vehicle (WCV).
This condition is imposed pursuant to s665 of the Sustainable Planning Act
2009 being non-trunk infrastructure.
Property Access and Driveways
20. A residential driveway must be constructed to Lots 43-47. The residential
driveway for Lot 44 must extend for the full length of the access handle. The
works must be undertaken in accordance with an Operational Works approval.
21. Vehicle access to Lots 44-46 is limited to the new road only. A clause must be
included in the contract of sale for Lots 44-46 which prohibits vehicle access
being taken from Elm Street.
Pedestrian and Bicycle Facilities
22. 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:
a. a new 2 metre wide footpath within the road verge for the entire length of
the site’s frontage to Elm Street;
b. a 2 metre wide footpath along southern side of the new road and
extending to the existing pathway in Blue Wren Close;
c. a 2 metre wide path across the frontages of proposed lots 33 and 34;
d. a 2 metre wide footpath between lots 46 and 47 extending from the new
path in Elm Street to the path in the new road; and
e. Pram crossings where applicable.
This condition is imposed pursuant to s665 of the Sustainable Planning Act
2009 being non-trunk infrastructure.
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Stormwater Drainage
23. 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 the Queensland Urban Drainage Manual, and
must include in particular:
a. the works generally as shown on drawing number 1225-33 revision A and
dated 06/14 prepared by Callaghan and Toth;
b. provision of kerb adapters for all new lots; and
c. extension of the site stormwater system to accommodate stormwater
from external to the site, including registration of drainage easements.
This condition is imposed pursuant to s665 of the Sustainable Planning Act
2009 being non-trunk infrastructure.
24. All elements of the stormwater drainage system, including any necessary scour
protection, must be wholly contained within the subject site, existing and/or new
road reserves.
Easements
25. 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.
26. 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.
27. 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
28. All fill and associated batters must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to
Council.
29. All earthworks must be undertaken in accordance with the provisions of
Australian Standard AS3798: Guidelines on Earthworks for Commercial and
Residential Developments.
30. Where the development involves excavation or filling over, or adjacent to,
drainage, water supply or sewerage infrastructure, all access chamber surface
levels must be adjusted to provide a freeboard of 100mm above the finished
ground surface level.
31. 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.
Electricity and Telecommunication Services
32. Underground reticulated electricity and telecommunication services must be
provided to each lot in accordance with an approval for Operational Works and
the standards and requirements of the relevant service provider.
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33. 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.
34. Certification must be submitted to Council from all relevant service providers
which certifies that the development has met the requirements of this Decision
Notice and all applicable legislation at the time of construction.
Street and Pathway Lighting
35. Street lighting and pathway lighting throughout the subdivision shall have a high
energy efficient rating to the reasonable satisfaction of Council and shall
generally be provided in accordance with the principles of Council’s Planning
Scheme Policy 5.
UNITYWATER
The following Unitywater conditions are applied in accordance with the South East
Queensland (Distribution and Retail) Restructuring Act 2009 and Unitywater’s Interim
Connections Policy. The conditions below form part of a water connection aspect
which are taken to be a water approval for a staged connection. Any future
applications must be made to Unitywater under South East Queensland (Distribution
and Retail) Restructuring Act 2009. Unitywater can be contacted at
[email protected]
Water and Sewerage
36. Reticulated water must be provided to each lot in the development. This must
include:
a. Ensuring that internal water pipes are wholly contained within the lot they
will serve.
b. An approved water meter for each lot in accordance with Unitywater and
SEQ Standard Drawings.
c. Provision of a water service from the existing 100mm diameter water
main located in Blue Wren Place to service each lot within the proposed
subdivision in accordance with Unitywater and SEQ Standard Drawings.
d. Water meters must be located on alternative boundaries to electrical
pillars.
e. The fire-fighting demand on Unitywater’s water supply system from the
development must not exceed 15 litres per second.
37. Reticulated sewerage must be provided to each lot in the development. This
must include:
a. Ensuring sewer house drains are wholly contained within the Lot they will
serve.
b. Provision of sewerage infrastructure to within the property boundaries of
each lot within the proposed subdivision.
38. A minimum clearance of 1.5 metres must be maintained between Unitywater
sewers and proposed building envelopes, buildings and other structures
39. Easements of between 3 and 10 metres must be provided over all Unitywater
sewers located within property boundaries in accordance with the SEQ
standards. Easements shall be centred over the pipe. Easement terms shall be
the most current registered dealing held by the Department of Natural
Resources & Mines and shall not be altered or amended.
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40. Stormwater retention systems and gross pollutant traps must maintain a
minimum clearance of 1.5 metres from Unitywater water supply and sewerage
infrastructure
41. Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from
Unitywater water mains and 1.5 metres from Unitywater sewerage mains.
Landscaping plants within these clearances must be low growing when mature
and suitable Unitywater approved varieties.
42. Construction works undertaken in the vicinity of Unitywater water supply or
sewerage infrastructure must not adversely affect the integrity of the
infrastructure. All costs associated with repair, replacement or alteration of
infrastructure must be met by the applicant.
ADVISORY NOTES
The following notes are included for guidance and information purposes only and do
not form part of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan
and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003
(ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A
person who carries out an activity must take all reasonable and practicable
measures to ensure the activity does not harm Aboriginal cultural heritage”. It is
an offence to fail to comply with the duty of care. Substantial monetary
penalties may apply to individuals or corporations breaching this duty of care.
Injunctions may also be issued by the Land and Resources Tribunal, and the
Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural
heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any
obligations under the ACH Act.
Co-ordination of Operational Works Assessment
2. 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
3. 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. approval of the Traffic Management Control Plan by the Department
of Transport and Main Roads (DTMR) for any works on State
controlled roads.
v. provision for worker car parking.
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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, emergency services and local businesses 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.
Property Notes
4. The following property notes shall be placed against the relevant lots advising
the following:
A Rail and Traffic Noise Study has been undertaken for new buildings on
this property. New buildings shall be constructed in accordance with the
conclusions of the study and the Queensland Development Codes (QDC)
MP 4.4 – Building in a Transport Corridor (or equivalent codes/guidelines
at the time of building).
No direct vehicular access to Elm Street is permitted.
Development Compliance Inspection
5. Prior to the commencement of the use, please contact Council to arrange a
Development Compliance Inspection.
Unitywater
6. Connection to the Unitywater live water supply and live sewerage system must
be undertaken by Unitywater at the applicant’s cost.
Infrastructure Charges
7. This Development Permit triggers an “Infrastructure Charge Notice” to be
issued in for Council “trunk” infrastructure in accordance with Council’s
“Adopted Infrastructure Charges Resolution” under the State Planning
Regulatory Provision (Adopted Charges) and the Sustainable Planning Act
2009.
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B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The development provides for a practical infill development to support a
growing urban settlement of permanent residents in Cooroy.
2. The proposal is compatible with the residential zoned land surrounding the site;
3. The proposed residential uses are compatible with the constrained site access
provided via Blue Wren Place, with more intensive development unlikely to be
suitable.
4. The use of the site for residential uses will not unduly impact Cooroy’s ability to
provide for a range of community uses.
5 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR AN
UNDEFINED USE - TEMPORARY SHORT-TERM SELF-CONTAINED RV STOP AT 154
HOLTS ROAD, COOROY - MCU14/0060
Item not dealt with by Planning & Organisation Committee. Referred to General
Committee for consideration.
Reason for referral: Planning & Organisation Committee Councillors suggest a
significant reduction in the length of time for visitor stays.
6 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR AN
INDUSTRIAL BUSINESS - TYPE 2 PRODUCTION, ALTERATION, REPACKAGING &
REPAIRING (SOFT DRINK FACTORY) AT 271 LAKE MACDONALD DRIVE, LAKE
MACDONALD - MCU14/0073
That Council note the report by the Coordinator Planning to the Planning & Organisation
Committee Meeting dated 9 December 2014 regarding Application No. MCU14/0073 for a
Development Permit for Material Change of Use for an Industrial Business - Type 2
Production, alteration, repackaging & repairing (Soft Drink Factory) situated at 271 Lake
Macdonald Drive, Lake Macdonald and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions Must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied
with prior to the use commencing, and then compliance maintained at all times
while the use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally
comply with the approved plans of development. The approved plans are listed
in the following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
1281-14 Sheet 02 - Site Plan – Drawn by Zenith Design -
1281-14 Sheet 03 - GF Overall - – Drawn by Zenith Design -
1281-14 Sheet 04 - GF Office Layout – Drawn by Zenith Design -
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1281-14 Sheet 05 - FF Overall – Drawn by Zenith Design -
1281-14 Sheet 06 - FF Office Layout – Drawn by Zenith Design -
1281-14 Sheet 07 - Elevations – Drawn by Zenith Design -
1281-14 Sheet 12 - Driveway Layout – Drawn by Zenith Design -
Nature and Extent of Approved Use
3. The extent of the approved use is limited to that part of the existing building
identified on the approved plans.
4. The approved use must not operate outside of the hours of 7am to 5pm
Monday to Saturday.
5. No more than 30 employees shall be on site at any one time.
6. Any display and retail sale of goods resulting from the premises must remain an
ancillary component to the approved use and must not exceed 200m 2 of use
area.
Heavy Vehicle Movements
7. Heavy vehicle movements associated with the approved use shall not exceed
10 return trips per day.
Street Identification
8. The street address of the development must be clearly visible and discernible
from the frontage of the site by the provision of a street number and, where
appropriate, the building name.
Performance Bond
9. Security in the form of a cash bond or trading bank guarantee to the sum of
$10,000 must be submitted to Council, to secure performance of all conditions
of this approval, prior to commencement of operational works associated with
the development. 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 condition.
CIVIL ENGINEERING
External Works
10. That part of the Lake Macdonald Drive frontage of the site extending from the
existing culvert adjacent to “Gate 2” to a point approximately 85 metres to the
south west must be upgraded. The works must be undertaken in accordance
with an Operational Works approval and must include in particular:
a. linemarking to clearly indicate a left turn lane for vehicles accessing the
site
b. road widening to provide for the left turn lane (where necessary)
c. reconstruction of the existing table drain to ensure that the road formation
is free draining
d. the reshaping of the verge to ensure that sediment is not transported onto
the road formation.
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Site Access and Driveways
11. Sealed access driveways must be provided from Lake Macdonald Drive 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 IPWEAQ standard
drawing SEQ R-051
b. a driveway width sufficient to cater for regular use by a HRV and the
occasional use by a semi-trailer (AV)
c. all damaged sections of the existing hardstand driveway must be
replaced with a suitable similar surface
Car Parking
12. A minimum of 64 car parking spaces must be provided and marked on the site.
The spaces must be available and accessible at all times while the use is open
for business. The works must be undertaken in accordance with an
Operational Works approval and must include in particular:
a. 44 staff parking spaces within the total, which are clearly marked for that
purpose
b. 20 visitor/customer parking spaces within the total, which are clearly
marked for that purpose and accessible at all times for visitor/customer
use
c. 2 disabled parking space/s within the total
d. a sealed surface with crossfalls and gradients in accordance with
Australian Standard AS2890: Parking Facilities
13. Directional signage must be provided to direct visitors and customers to the car
parking spaces provided on site.
Bicycle Parking & End of Trip Facilities
14. Bicycle facilities in accordance with AS2890.3 Bicycle Parking Facilities must
be provided for the development. The facilities must be indicated on the plans
and submitted in accordance with an Operational Works approval and must
include in particular:
a. a total of 10 bicycle parking spaces
b. end of trip facilities involving a minimum of 5 lockers and 1 shower cubicle
with an ancillary change room.
Damage to Services and Assets
15. Any damage caused to existing services and assets as a result of the
development works must be repaired at no cost to the asset owner at the
following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the
development.
c. 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.
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Stormwater Drainage
16. 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, the Queensland Urban Drainage Manual and
Engineering report dated 3 September 2013 by Barlow Shelly Consulting
Engineers (with the works expanded to reflect the extended development area).
Stormwater Quality Management
17. A stormwater quality treatment system must be provided for the development.
The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
a. stormwater quality treatment devices of a size and location generally in
accordance with those shown in section 5.0 and 6.0 of the of the
Engineering report dated 3 September 2013 by Barlow Shelly Consulting
Engineers (with the works expanded to reflect the extended development
area)
b. swales which are designed in accordance with the Water Sensitive Urban
Design Technical Design Guidelines for South East Queensland
c. The works must be undertaken in accordance with the Bioretention
Technical Design Guidelines (Water by Design, 2012)
18. All stormwater quality treatment devices must be maintained in accordance with
the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version
1). The approved Operational Works drawings for the stormwater quality
treatment system and detailed life cycle costing of the system must be attached
as an addendum to this document. Records of all maintenance activities
undertaken must be kept and made available to Council upon request.
Stormwater Harvesting
19. Operating stormwater harvesting tanks must be provided for the development.
The tanks must be provided in accordance with an Operational Works approval
and must include in particular:
a. the details identified in section 5.0 and 6.0 of the of the Engineering report
dated 3 September 2013 by Barlow Shelly Consulting Engineers (with the
works expanded to reflect the extended development area).
LANDSCAPE & ECOLOGY
Landscaping Works
20. The development must be landscaped, in accordance an approval for
Operational Works. The particular works must generally accord with the
planning scheme Landscape Code and Planning Scheme Policy 3 Landscaping
Plants and Guidelines and include:
a. Landscaping to car park areas, including shade trees
b. Vegetated buffer to the Lake Macdonald Drive
c. Vegetated screening of any electrical transformers, bin storage areas and
the like from the road frontage
d. Details of any proposed clearing of vegetation and details of retention of
any existing trees on the site and road verge to accommodate the
approved development footprint. An Arborist Report is required to validate
any proposed clearing.
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e. Removal of all weeds species listed in the following standards and
legislation:
i. Declared plants under the Land Protection (Pest and Stock Route
Management) Act 2002 and sub-ordinate Regulation 2003
ii. undesirable species, as defined within Planning Scheme Policy 3
Landscaping Plants and Guidelines of the Noosa Plan.
21. All landscape works must be established and maintained in accordance with
horticultural best practice with construction techniques and irrigation that allow
for 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.
Rehabilitation
22. The land area defined by the vegetated portion contained within the Riparian
Buffer Area of the Biodiversity Overlay of the Noosa Plan on the subject must
be rehabilitated in accordance with a rehabilitation plan prepared by a suitably
qualified person and an approval for Operational Works. Rehabilitation works
must:
a. restore the habitat value of the land to meet the characteristics of the
appropriate regional ecosystem
b. return the land to its natural undisturbed state, where practicable. Where
impracticable, provide justification.
c. The treatment of undesirable species, as defined within Planning Scheme
Policy 3 Landscaping Plants and Guidelines of the Noosa Plan.
ENVIRONMENTAL HEALTH
Refuse Management
23. The developer must provide waste storage and disposal facilities in accordance
with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and
Commercial and Industrial Premises”, including an external imperviously paved
area correctly sized for all refuse and recycling containers and suitably
screened from public places and neighbouring properties. A bin wash area is
required with a cold-water tap, hose and drain outlet connected to the effluent
disposal system, via a bucket trap. The drain outlet is to be designed to prevent
storm water entry to the effluent system and this can be achieved with a nib
wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively
the waste area can be roofed, or any other design approved by Council’s
delegate.
24. The development must allow refuse-loading areas to be located off street. All
vehicles associated with the collection of waste/recyclables, shall enter and
leave the site in a forward direction.
25. A Waste Management Plan (Operational) in accordance with Planning Scheme
Policy No. 9 “Waste Management Multi-Dwellings and Commercial and
Industrial Premises”, shall be developed and implemented on site. The Waste
Management Plan must include the following as a minimum: -
The types and estimated volumes of waste that will be generated from the
activities approved within the development.
Methods to be used for dealing with garden waste.
Initiatives to minimise waste either by waste prevention, reduction, re-use
or recycling.
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Description of procedures and clearly identified site responsibilities for all
site occupants for getting all waste to the bins; the storage of bins and the
collection of bins by the contractor.
A description of the design details of waste storage and recycling areas
including size, location, elevation and floor plan, methods of bin washing
and system to prevent storm water getting into the effluent system via the
bin wash.
A description of types and volume of waste storage containers to be
used, and the collection frequency of containers,
The waste and recycling storage area shall include the provision of
containers for all waste and recycling materials including putrescible
matter, non-recycling waste, paper/ cardboard, glass, aluminum/steel
cans, waste oil, Styrofoam boxes, etc.
Effluent Disposal
26. All factory wastewater and wash down waters shall be collected, treated and
disposed of lawfully on site in an approved effluent disposal system.
PLUMBING
Plumbing, Drainage and Waste Water Treatment and Disposal
27. The development must be provided with Plumbing, Drainage and an On-site
Waste Water Treatment and Effluent Disposal System having a capacity
sufficient for the use*.
*(Refer to Advisory Note)
Advisory Notes
PLANNING
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan
and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003
(ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A
person who carries out an activity must take all reasonable and practicable
measures to ensure the activity does not harm Aboriginal cultural heritage”. It is
an offence to fail to comply with the duty of care. Substantial monetary
penalties may apply to individuals or corporations breaching this duty of care.
Injunctions may also be issued by the Land and Resources Tribunal, and the
Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural
heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any
obligations under the ACH Act.
Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for
compliance with the requirements of the National Construction Code - Building
Code of Australia (Volume 1) as they relate to people with disabilities. Your
attention is also directed to the fact that in addition to the requirements of the
National Construction Code as they relate to people with disabilities, one or
more of the following may impact on the proposed building work:
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a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
3. Prior to the commencement of the use, please contact Council's Development
Audit & Response Unit to arrange a Development Compliance Inspection.
Building and Construction Industry (Portable Long Service Leave) Levy
4. 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
5. 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
6. The works identified in this Decision Notice will be required to be carried out in
accordance with a Construction Management Plan endorsed by Council
through an approval for Operational Works. To ensure expedient assessment
of any Operational Works application, the applicant is advised to submit a
preliminary Construction Management Plan that addresses the requirements of
the planning scheme. In particular, the preliminary Construction Management
Plan should address the following:
a. provisions that ensure the proposed construction does not unduly impact
on the surrounding area and ensure the site is safe for members of the
public, implementing appropriate traffic signage in accordance with the
Manual of Uniform Traffic Control Devices (MUTCD) and making
provision for safe pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
Plumbing, Drainage, Waste Water Treatment and Disposal System
7. The establishment of Plumbing and Drainage and a waste water treatment and
disposal system for the site requires a Compliance Permit to be obtained from
Council under the Plumbing and Drainage Act 2002. The system must be
designed in accordance with the Queensland Plumbing and Wastewater Code,
Australian Standards AS/NZS3500, AS/NZS1547: 2000 “On-site Domestic
Wastewater Management”.
8. The existing Waste Water Treatment and Disposal System for the site is as
mentioned in the report from Barlow Shelley, Consulting Engineers, Section 8 ,
Reference number 1014 Dated 3rd September 2013, is capable of
accommodating the proposed changes to the development.
9. If design requirements for the site change, whereby the development exceeds
the accommodation or use of 21 or more equivalent persons, or generates a
requirement for an ERA63, then an Operator’s Licence from The Department of
Environment and Heritage Protection (DEHP) will also be required.
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Health
10. Due regard should be given to the design and location of noise emitting fixed
plant and equipment and any acoustic treatment that may be required. It is
advised that an appropriately qualified acoustic consultant be involved with the
selection and installation of such equipment. A qualified acoustic consultant can
give advice on how to best locate and design the equipment such that it can
meet statutory noise or planning requirements.
11. The Environmental Protection Act 1994 states that a person must not carry out
any activity that causes, or is likely to cause, environmental harm unless the
person takes all reasonable and practicable measures to prevent or minimise
the harm. Environmental harm includes environmental nuisance. In this regard
persons and entities, involved in the civil, earthworks and construction phases
of development, are to adhere to their ‘general environmental duty’ to minimise
the risk of causing environmental harm. Environmental harm is defined by the
Act as any adverse effect, or potential adverse effect whether temporary or
permanent and of whatever magnitude, duration or frequency on an
environmental value and includes environmental nuisance. Therefore, no
person should cause any interference with the environment or amenity of the
area by reason of the emission of noise, vibration, smell, fumes, smoke,
vapour, steam, soot, ash, dust, waste water, waste products, grit, sediment, oil
or otherwise, or cause hazards likely in the opinion of the administering
authority to cause undue disturbance or annoyance to persons or affect
property not connected with the use.
12. In accordance with the Public Health Act 2005, rainwater tanks must be
constructed with mosquito proof screens (made from either brass, copper,
aluminium or stainless steel), and constructed with a mesh size of no more than
1mm, and must be installed in a way that does not accelerate corrosion. Tanks
that contain flap valves must be installed so that when closed, mosquitoes
cannot pass through the valve. It is unlawful under the Public Health Act 2005
to construct, install or be in possession of a tank that does not comply with
these requirements.
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The development allows the re-use of the existing industrial building on the site
and improved built form, landscaping and environmental outcomes on the site;
and
2. The site has existing use rights for a major industrial use (brickworks), which is
also categorised as an Industrial Use Type 2 under The Noosa Plan, and the
proposal is of substantially lesser intensity
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7 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR OPEN SPACE
TYPE 1 - SPORT & RECREATION (EXPANSION OF NOOSA PAR 3 GOLF COURSE)
AT 2 & 16 GOLDBERG COURT, NOOSAVILLE - MCU14/0068
That Council note the report by the Coordinator Planning to the Planning & Organisation
Committee Meeting dated 9 December 2014 regarding Application No. MCU14/0068 for a
Development Permit for a Material Change of Use for Open Space – Type 1 Sport &
Recreation (Extension to Existing Par 3 Golf Course) situated at 2 & 16 Goldburg Court,
Noosaville and:
A. Approve the application in accordance with the following conditions:
MCU Conditions
PLANNING & ENVIRONMENT
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 and may be amended by these conditions.
Plan No. Rev. Plan/Document Name Date
SD-01 A Noosa Par 3 Golf Course Proposed Extension 15/08/14
prepared by the DFS Group
Landscaping & Ecology
3. Landscaping and rehabilitation works must be undertaken on Lot 2 RP223289
in accordance with an Operational Works approval and Planning Scheme
Policy - PSP 3 Landscaping Plants and Guidelines and must include an
ecological rehabilitation and landscaping plan, prepared by a suitably qualified
person* and must include in particular:
a. Screening vegetation to adjacent residences to the east to provide
privacy and protection from line-of-play.
b. rehabilitated and revegetation of the riparian area to the existing creekline
with native trees and understorey plantings for an area generally not less
than 35m wide either side of the centreline of the watercourse.
c. details of treatments to batters, armoury, plantings, weed treatment, and
rehabilitation.
d. a minimum maintenance period of 3 years.
e. a species palette and densities table incorporating the species selection
of only native indigenous species.
f. control of all weeds species listed in the following standards and
legislation:
i. declared plants under the Land Protection (Pest and Stock Route
Management) Act 2002 and sub-ordinate Regulation 2003
ii. Council Listed Environmental Weeds, Exotic Grasses and other
plants identified in writing by Council (*refer to Advisory Note).
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ENGINEERING
Earthworks
4. All earthworks must be in compliance with the relevant codes and policies of
The Noosa Plan (particularly the Earthworks Code) and undertaken in
accordance with a Development Permit for Operational Works. The application
for operational works for earthworks shall also include the details of any
associated drainage works (eg swales, scour protection, stormwater pipes
work).
5. Suitable construction management measures must be put in place prior to the
commencement of development works on this site and for all stages of works,
the measures must address in particular:
a. Traffic management during all aspects of the construction phase
including:
i. Temporary signage and traffic control measures in accordance with
Manual of Uniform Traffic Control Devices (MUTCD) to provide
warning to drivers and road users of any safety hazard or changes
to traffic conditions due to the proposed works.
ii. Details on the location of imported fill sources, the haulage route,
type of vehicle to be utilised during filling operations and frequency
of usage.
NOTE: any damage to the existing road system as a result of
haulage operations must be fully repaired at the applicant’s
expense
b. Effective procedures and measures to protect the Riparian Buffer and
existing natural flora and fauna.
c. Effective procedures and measures to minimise adverse environmental
impact on other properties and roads users including noise and dust
emission.
d. Establishment of a communication protocol with the adjoining owners and
any other affected parties to advise of construction times, impacts on
traffic and services and any other relevant issues.
Stormwater Drainage
6. Stormwater runoff from the development areas must be disposed off in a
controlled manner on site without causing erosion or adverse impacts on the
environment and/or the existing drainage conditions on other properties (eg by
concentrating or diverting additional flows and/or causing additional ponding on
other properties) .
7. The development works must include stormwater management and treatments
measures/devices that:
a. Are designed in accordance with the current version of the Deemed to
Comply Solutions by Water By Design; or
b. Are designed to treat stormwater to achieve 80% Reduction in Total
Suspended Solids, 60% Reduction in Total Phosphorous and 45%
Reduction in Total Nitrogen prior to discharge from the site compared to if
there was no water pollutant mitigation incorporated into the design.
A Development Permit for Operational Works for stormwater management shall
be required.
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Advisory Notes
Building and Construction Industry (Portable Long Service Leave) Levy
1. 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.
Aboriginal Cultural Heritage Act 2003
2. There may be a requirement to establish a Cultural Heritage Management Plan
and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003
(ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A
person who carries out an activity must take all reasonable and practicable
measures to ensure the activity does not harm Aboriginal cultural heritage”. It is
an offence to fail to comply with the duty of care. Substantial monetary
penalties may apply to individuals or corporations breaching this duty of care.
Injunctions may also be issued by the Land and Resources Tribunal, and the
Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural
heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any
obligations under the ACH Act.
B. Find the following are sufficient grounds to justify the decision despite the conflict
with the Planning Scheme:
1. The development is an expansion of an existing approved golf course within
the Rural Settlement zone.
2. The golf course requires a large site that generally necessitates a rural
setting.
3. The development will not have significant adverse impacts on the amenity of
existing residents or the existing rural character of the area.
8 INDICATIVE COST REDUCTION FOR STREETLIGHT NETWORK CHARGES
That Council note the report by the Manager Procurement / Fleet to the Planning &
Organisation Committee Meeting dated 9 December 2014 regarding the anticipated cost
reduction achieved by LGAQ / Local Buy for Council’s street lighting charges applicable to
the 2015/16 budget.
9 FEES AND CHARGES UPDATE - NOOSA HOLIDAY PARKS
That Council note the report by the Property Officer to the Planning & Organisation
Committee Meeting dated 9 December 2014 and:
A. Set fees and charges for Noosa Holiday Parks to align with the cessation of June/July
2016 Queensland school holidays; and
B. Adopt the Proposed General Cost Recovery Fees and Commercial Charges for
Noosa Holiday Parks for the period ending 10 July 2016 as detailed in Attachment 1
to report.
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10 COMMUNITY JURY PROJECT
That Council note the report by the Community Engagement Manager to the Planning &
Organisation Committee Meeting dated 9 December regarding the Community Jury Project
and endorse that the question for the first Community Jury be: “What is the best option for
minimising organic waste sent to landfill?”
11 CHANGE OF VENUE FOR COUNCIL MEETINGS - 2015
That Council note the report by the PA to the CEO to the Planning & Organisation
Committee Meeting dated 9 December 2014 and:
A. Pursuant to Section 257(3)(b) of the Local Government Regulation 2012, resolve to
hold its Ordinary Meeting on:
1. Thursday, 7 May 2015 at the Cooran Memorial School of Arts Hall, Cooran
commencing at 6pm; and
2. Thursday, 19 November 2015 at The J, Noosa Junction commencing at 6pm.
B. Request the Chief Executive Officer to ensure that suitable advertising is undertaken
to promote these community based Council Meetings.
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GENERAL COMMITTEE RECOMMENDATIONS
15 DECEMBER 2014 - Crs Tony Wellington (Chair), Bob Abbot, Sandy Bolton, Joe
Jurisevic, Frank Pardon and Noel Playford
Apology: Cr Frank Wilkie
The Recommendations from the General Committee were adopted without
discussion or further amendment.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Abbot
The General Committee recommendations dated 15 December 2014 be adopted.
Carried.
1 COUNCIL CABS & FLEXILINK SERVICES REVIEW - FURTHER REPORT
That Council note the report by the Project Officer and Development Officer to the
Infrastructure & Services Committee Meeting dated 9 December 2014 and the further
report to the General Committee Meeting dated 15 December 2014 and request the CEO
to arrange a Councillor/Staff Workshop to consider alternative transport proposals as
outlined during discussions at the General Committee Meeting on the proposed Noosa
Council Transport Assist service.
2 WASTE COLLECTION SERVICES POLICY - FURTHER REPORT
That Council note the report by the Waste Coordinator to the Infrastructure and Services
Committee Meeting dated 9 December 2014 and the further report to the General
Committee Meeting dated 15 December 2014 and:
A. Rescind the existing Waste Collection Services Policy that transferred to the Noosa
Council from the Sunshine Coast Council under the Local Government (De-
amalgamation Implementation) Regulation; and
B. Approve the amended Noosa Council Waste Collection Services Policy provided as
Attachment 1 to the further report incorporating the minor wording amendments noted
at the meeting.
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3 DEVELOPMENT APPLICATION FOR MCU - RV STOP MCU14/0060
That Council note the report by the Coordinator Planning to the Planning & Organisation
Committee Meeting dated 9 December 2014 regarding Application No. MCU14/0060 for a
Temporary Development Permit for a Temporary Short Term Self-Contained RV Stop
situated at 154 Holts Road, Cooroy and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied
with prior to the use commencing, and then compliance maintained at all times
while the use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally
comply with the approved plans of development. The approved plans are listed
below and as may be amended by the conditions herein.
Plan No. Rev. Plan/Document Name Date
13-3461AB - Plan of Proposed (Temporary) Short-Term, Self- 04/07/14
Contained RV Stop at Lot 2 on RP893989 prepared
by Max Watterson + Associates
Nature and Extent of Approved Use
3. No more than 20 Recreational Vehicles (RV’s)(caravans, motorhomes or the
like) may stay at the site at any one time.
4. Visitor stays shall not exceed 4 consecutive nights.
5. All RV’s shall be fully self-contained and must retain all grey water and black
water via holding tanks.
6. No on-site release of grey water is permitted.
Visitor Education
7. Visitors must be advised of the following requirements:
a. No on-site release of grey water or other waste
b. Location of nearest dump point and potable water supply
c. All dogs must be on a leash when walked in the area and must be
restrained at all times during the stopover period
d. Owners must pick up and collect their dogs’ faeces
e. Consideration be given for residents and road users when walking in the
area
f. Noise must be minimised after 8.30pm
Street Identification
8. The street address of the development must be clearly visible from the Holts
Road frontage of the site by the provision of a street number.
9. Access to the site must be clearly signed with a sign of up to 1m2.
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Temporary Development Approval
10. This temporary development approval expires in two (2) years on 18 December
2016. Upon request, Council may provide written consent to extend the
approval on an annual basis having regard to the status of the adjacent mining
lease, the degree of compliance with the approval conditions herein and the
complaint history relating to the development.
ENGINEERING
General
11. The developer must meet any costs to repair damage to any Council or public
asset during construction, where damage is a result of the development works.
Damage to assets must be repaired immediately where it creates a hazard to
the community. In circumstances where the damage does not create a hazard
to the community, it must be repaired immediately on completion of the works
associated with the development. A condition report including photographs of
the frontage of the site should be completed and kept for future reference and
made available to Council if required.
Driveway and Internal Roads
12. Sealed crossovers must be provided for the two accesses to the site in
compliance with the following:
a. IPWEAQ Standard Drawing SEQ R-056.
b. Designed and certified by a RPEQ
c. Have a minimum width of 4.0m at the property front boundary line.
13. Internal roads must:
a. Have a minimum width of 3.0m and widened where necessary to provide
passing opportunities for vehicles using the site.
b. Be all weather construction (sealed or compacted gravel) suitable for the
anticipated traffic and load of vehicles using the site.
c. Be provided with adequate stormwater drainage that prevents undue
erosion or surface deformation or settlement.
Excavation and Filling
14. All earthworks shall be undertaken in accordance with the provisions of AS
3798 “Guidelines on Earthworks for Commercial and Residential
Developments”.
Stormwater Drainage
15. Stormwater drainage works and water quality devices and measures must be
provided and maintained in accordance with the approved engineering plans
and in compliance with the Stormwater Quality Management Plan included in
the Stormwater Drainage for No 154 Holts Rd Cooroy Report dated 26
September 2014, Ref No: 1432 IWMP.doc, prepared by Callaghan & Toth.
Particular attention must be given to the construction and maintenance regime
of the two proposed Sediment Basins. The drainage works and basins must be
certified by an RPEQ on completion.
16. Stormwater runoff from the development must be disposed of on-site without
causing scour or damage to the subject site, the dam or any adjoining property.
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Erosion and Sediment Control
17. The developer must ensure non-essential, short or long term, exposure of soil
is prevented by minimising the duration of soil exposure to adverse weather
conditions and effectively turf or stabilise any exposed area without delay and
prior to rainfall occurring.
18. The developer must ensure sediment does not leave the site or enter onto
adjoining properties or the dam on the site due to surface runoff on tyres of
vehicles and/or machinery. The developer must implement appropriate
approved erosion and sediment control measures throughout the site during all
phases of construction and the ongoing operation of the site.
19. Prior to the completion of the development, all site surfaces must be effectively
stabilised using methods which have achieved effective short-term stabilisation
and which will continue to achieve effective stabilisation in the medium to long-
term. For the purpose of this condition, an effectively stabilised surface is
defined as one that does not, or is not likely to result in visible evidence of soil
loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to
water contamination.
20. The supervising engineer and applicant are responsible to ensure that the
implemented, short and long term, erosion controls measures are effective and
regularly maintained to cater for all weather conditions.
After Completion of Works
21. Prior to the commencement of use and the engineering certification of the
works by the supervising engineer (RPEQ), a combined inspection of the
completed works by Council’s Inspector/s and the supervising engineer is
required. Please contact Council on 5329 6244 to arrange the inspection.
Waste
22. The developer must provide adequate waste storage and disposal facilities.
23. Refuse bins must not be placed on the existing road formation of Holts Road. A
suitably sized all-weather pad shall be constructed adjacent the driveway
entrances to provide for waste bin collection.
ADVISORY NOTES
Engineering Certification
1. Council has undertaken an audit check of the submitted plans in relation to the
proposed works. A detailed check of the calculations and drawings has not
been undertaken, as they have been certified by a RPEQ. The RPEQ bears full
responsibility for all aspects of the engineering design. Council reserves the
right to require further amendments and/or additions at a later date should
design errors become apparent.
General Environmental Advisory Note
2. The Environmental Protection Act 1994 states that a person must not carry out
any activity that causes, or is likely to cause, environmental harm unless the
person takes all reasonable and practicable measures to prevent or minimise
the harm. Environmental harm includes environmental nuisance. In this regard
persons and entities, involved in the civil, earthworks, construction and
landscaping phases of this development are to adhere to their ‘general
environmental duty’ to minimise the risk of causing environmental harm.
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Aboriginal Cultural Heritage Act 2003
3. There may be a requirement to establish a Cultural Heritage Management Plan
and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that:
“A person who carries out an activity must take all reasonable and practicable
measures to ensure the activity does not harm Aboriginal cultural heritage.” It
is an offence to fail to comply with the duty of care. Substantial monetary
penalties may apply to individuals or corporations breaching this duty of care.
Injunctions may also be issued by the Land and Resources Tribunal, and the
Minister administering the Act can also issue stop orders for an activity that is
harming or is likely to harm Aboriginal cultural heritage or the cultural heritage
value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to
discuss any obligations under the ACH Act.
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the planning scheme:
1. The development will help to address a significant need for low-cost
accommodation for self-contained RV travellers in the Noosa area.
2. The development will provide economic and community benefit through
increased visitation to the Noosa hinterland.
3. The development provides for the adaptive re-use of the existing nursery on the
site.
4. The site’s location near the Bruce Highway is appropriate to cater for self-
contained RV traveller’s needs.
5. The development will not have significant adverse impacts on residential
amenity or water supply quality.
4 DEVELOPMENT APPLICATION 132005.220.04 - REQUEST FOR A PERMISSIBLE
CHANGE TO AN EXISTING APPROVAL FOR 22 VILLAGE INDUSTRY LOTS AT 70
CARPENTERS ROAD, COOROY
That Council note the report by the Infrastructure Assessment Officer to the General
Committee Meeting dated 15 December 2014 regarding Application No. 132005.220.04 for
a Permissible Change to the existing approval situated at 70 Carpenters Road, Cooroy and
approve the request with the following changes:
In relation to the request to make a change to the existing approval, Council decided to:
A. Change Condition 114 to read:
Contributions Towards Council Infrastructure
114. Monetary contributions shall be paid to Council towards the cost of providing
and/or upgrading various infrastructure at the rates applicable at the time of
payment. An estimate only of the contribution amounts under the current
Council policies and requirements is outlined in the table below:
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Section 54
ORDINARY MEETING MINUTES 18 DECEMBER 2014
Stage 1 Stage 2 Stage 3
Contribution Required For: Amount Amount Amount
(Lots 6,7 & 8) (Lots 10 to 26) (Lots 9 & 27)
PSP17 – Water Supply Headworks
$ 25,135 $ 191,289 $ 22,264
Contributions
PSP16 – Sewerage Headworks
$ 11,253 $ 85,641 $ 9,968
Contributions
PSP12 – Public Open Space
$ 8,630 $ 65,665 $ 7,643
Contributions (Park)
PSP20 – Pathway Trunk Network
$ 13,179 $ 100,281 $ 11,672
Contributions
Roadworks Contributions (including
$ 28,000 $ 213,506 $ 24,798
public transport)
TOTAL Contribution Amount = $ 86,197 $ 656,382 $ 76,345
These amounts are subject to variations in the Consumer Price Index, All Groups
Brisbane from September 2014 until the date of payment.
All contributions must be paid prior to Council endorsement of the plan of
survey for the applicable stage.
B. Change Advisory Note 1 to read:
1. The applicant is advised that development contributions and infrastructure
charges applicable to this development approval have been based on the
following estimates for Uses Class/ Uses and applicable quantities in
accordance with the approved plan:-
Existing
Approved Development
Development
Quantity
Use Use
Class / Quantity Class / Stage 1 Stage 2 Stage 3
Use Use (Lots 6,7 & 8) (Lots 10 to 26) (Lots 9 & 27)
One Industrial
3 x Industrial 17 x Industrial 2 x Industrial
Vacant Vacant Business
Lots Lots Lots
Allotment Type 2
Water & Sewerage Headworks
5,069 m2 lot 38,578 m2 lot 4,490 m2 lot
contributions based on the lot
area area area
areas per the approved plan =
Open Space, Pathway &
Roadworks contributions based
2,028 m2 gfa 15,431 m2 gfa 1,796 m2 gfa
on 40% site cover of the lots per
the approved plan =
Note: Lots 50, 100, 101 & 102 are not current developable lots and have not been
subjected to infrastructure contributions/charges. Nil infrastructure contributions/charges
discounts (credits) are available should future development occur on these lots.
5 FINANCIAL PERFORMANCE REPORT - NOVEMBER 2014
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 15 December 2014 providing the November monthly financial performance
report.
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Section 55
ORDINARY MEETING MINUTES 18 DECEMBER 2014
6 NOOSA WATERS LOCK & WEIR LEVY
That Council note the report by the Chief Executive Officer to the General Committee
Meeting dated 15 December 2014 providing background to the history of the Noosa Waters
lock and weir levy and:
A. Note that the current levy that has accumulated from 2000/2001 to 30 June 2014 will
be surplus to future requirements for the Noosa Waters lock and weir;
B. Note that section 96 of the Local Government Regulation has specific provisions in
relation to how refunds of levy surpluses must be undertaken; and
C. Authorise the CEO to implement a refund of the Noosa Waters lock and weir levy
surpluses for the period 2000/2001 to 30 June 2014 in accordance with the approach
outlined in the report and based on legal advice from King and Co.
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Section 56
ORDINARY MEETING MINUTES 18 DECEMBER 2014
6 ORDINARY MEETING REPORTS
1 RUFOUS STREET PRECINCT DEVELOPMENT PROJECT
Motion
Moved: Cr Wilkie
Seconded: Cr Bolton
That Council note the report by the Director Community Services to the Ordinary Meeting
dated 18 December 2014 and agree to:
A. Establish a Rufous Street Project Control Group to oversee the development of Lot
94 SP 137431; and
B. Allocate a budget of $100,000 for:
1. The safe removal of the buildings and asbestos contamination from the
Peregian Bowls Club site; and
2. Concept design and consultation.
Amendment
Moved: Cr Wellington
Seconded: Cr Jurisevic
That the following words be added to item A “with the inclusion of an additional Councillor,
namely Cr Pardon, on the Project Control Group”
Carried.
Council Resolution
That Council note the report by the Director Community Services to the Ordinary Meeting
dated 18 December 2014 and agree to:
A. Establish a Rufous Street Project Control Group to oversee the development of Lot
94 SP 137431 with the inclusion of an additional Councillor, namely Cr Pardon, on
the Project Control Group; and
B. Allocate a budget of $100,000 for:
1. The safe removal of the buildings and asbestos contamination from the
Peregian Bowls Club site; and
2. Concept design and consultation.
Carried.
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Section 57
ORDINARY MEETING MINUTES 18 DECEMBER 2014
2 NOOSA BIOSPHERE RESERVE - APPOINTMENT OF DIRECTORS AND AMENDMENT
TO CONSTITUTION
Council Resolution
Moved: Cr Abbot
Seconded: Cr Wilkie
That Council note the report by the Executive Manager to the Ordinary Meeting dated 18
December 2014 and:
A. Agree to the appointment of the following persons to the roles of First Director Noosa
Biosphere Reserve Foundation Ltd for the terms specified:
1. Mayor Noel Playford as the Director appointed by Council in its capacity as the
founding member;
2. Scott Williams and Raul Weychardt for a term of three years ending at the
conclusion of the third AGM;
3. Timothy Smith, Rowland Hill and Peter Hunnam for a term of two years ending
at the conclusion of the second AGM; and
4. Judith Castledine and Oleg Morozow for a one year term ending at the
conclusion of the first AGM: and
B. Authorise the Chief Executive Officer to progress an amendment to the Constitution
of Noosa Biosphere Reserve Foundation Ltd. to give effect to the Council appointed
Director always being an elected Councillor appointed by Council at Council’s
discretion and the other proposed changes identified in the report.
Carried.
7 PETITIONS
1 PETITION: REQUEST TO COUNCIL TO APPROVE THE PLACEMENT OF SPEED
LIMIT SIGNS ON BLANCKENSEE ROAD, COOROY
Council Resolution
Moved: Cr Bolton
Seconded: Cr Jurisevic
That the petition tabled by Cr Bolton requesting Council to approve the placement of
speed limit signs on Blanckensee Road, Cooroy be received and referred to the Chief
Executive Officer to determine appropriate action.
Carried.
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Section 58
ORDINARY MEETING MINUTES 18 DECEMBER 2014
8 CLOSED SESSION
1 PLANNING & ENVIRONMENT
COURT APPEAL 1648 OF 2014 – NOOSA ON WEYBA DEVELOPMENT APPLICATION
FOR PRELIMINARY APPROVAL FOR A MIXED USE COMMUNITY TITLE
DEVELOPMENT
Council Resolution
Moved: Cr Wellington
Seconded: Cr Pardon
That Council note the report by the Coordinator Planning to the Ordinary Meeting dated 18
December 2014 regarding Planning & Environment Court Appeal 1648 of 2014 (Northbrook
Corporation Pty Ltd) for the Noosa on Weyba development application and:
A. Resolve that, while it is a matter for the Court to decide, it is the view of Council that
the proposed change to the development application does not constitute a minor
change pursuant to S350 of the Sustainable Planning Act.
B. Find that the proposed change would be likely to attract additional submitters were
the changed application to be publicly notified.
C. Instruct Council’s solicitor for Planning & Environment Court Appeal 1648 of 2014 to
advise the appellant of Council’s decision.
Carried.
9 NEXT MEETING
The next Ordinary Meeting will be held on 15 January 2015 in the Council Chambers,
9 Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
The meeting closed at 6.15pm.
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