Minor Change Existing Approval OPW16 0203.01

Officer: 	Diogo Carrico
Direct Telephone: 	07 53296465
Your Reference:	16/003302
5 November 2021
Palm Lake Works Pty Ltd
PO Box 10479
SOUTHPORT BC  QLD  4215

[email protected]
Dear Sir
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 2 September 2021, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	OPW16/0203.01
Street address:	19 Trading Post Rd Cooroy Qld 4563
Real property description:	Lot 1 RP 215922
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on: 5 December 2016
Development Permit for Operational Work – Palm Lake, Cooroy Stage 2 - Roadworks, Stormwater Drainage
In relation to the request to make a minor change to the existing approval, Council on 5 November 2021, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Amend condition 3.
C.	Delete condition 1a.
D.	Include additional conditions 52, 53, 54, 55, 56, 57, 58, 59, 60, 61.
currency period of approval
The currency period for this development approval is 2 years starting the day that the original development approval OPW16/0203 took effect.
assessment manager conditions
SITE SPECIFIC CONDITIONS
Prior to the commencement of any works in Elm Street, the applicant must submit to Council’s for approval amended engineering plans for the proposed 2m wide concrete footpath along the Elm Street frontage. The amended engineering plans must:
Deleted.
Include levels of the existing surface and the proposed path,
Include longitudinal section, cross sections, drainage, detailed alignment and lighting,
Indicate all trees to be retained or removed,
Include all measures necessary to protect and retain all native trees along the relevant section of the frontage,
Be supported by a report prepared by a suitably qualified arborist,
Be subject to an additional prestart meeting for the specific works, and
Be approved by The Department of Transport and Main Roads (TMR) and include any long-term traffic safety devices/measures as may be required by TMR.
Works on a State controlled road (Elm Street) require a Traffic Control Permit (TCP) from the Department of Transport and Main Roads (TMR). An approved TCP must be submitted to Council prior to commencement of the works in the State controlled road.
APPROVED PLANS
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
16-001014-100	B	Drawing Index and Locality Plan, prepared by Calibre Consulting	31/10/2016
16-001014-102	B	Roadworks and Drainage Layout Plan, prepared by Calibre Consulting	31/10/2016
16-001014-103	B	Roadworks and Drainage Notes and Details, prepared by Calibre Consulting As Annotated by Council in Red	31/10/2016
16-001014-105	B	Bulk earthworks Notes, Details and Sections, prepared by Calibre Consulting	31/10/2016
16-001014-108	A	Road 2 Longitudinal Section, prepared by Calibre Consulting	07/09/2016
16-001014-109	A	Roads 11, 12 and 13 Longitudinal Sections and Typical Sections, prepared by Calibre Consulting	07/09/2016
16-001014-110	A	Carpark Setout and Details, prepared by Calibre Consulting As Annotated by Council in Red	07/09/2016
16-001014-111	A	Survey Setout  Layout Plan, prepared by Calibre Consulting	07/09/2016
16-001014-114	A	Stormwater Drainage Longitudinal Sections Sheet 1 of 3, prepared by Calibre Consulting	07/09/2016
16-001014-115	A	Stormwater Drainage Longitudinal Sections Sheet 2 of 3, prepared by Calibre Consulting	07/09/2016
16-001014-116	B	Stormwater Drainage Longitudinal Sections Sheet 3 of 3, prepared by Calibre Consulting	31/10/2016
16-001014-119	B	Stormwater Drainage Structure Details Sheet 1 of 2, prepared by Calibre Consulting	27/10/2016
16-001014-120	A	Stormwater Drainage Structure Details Sheet 2 of 2, prepared by Calibre Consulting	07/09/2016
16-001014-400	A	Water Quality Notes and Details, prepared by Calibre Consulting	14/09/2016
16-001014-401	A	Southern Bioretention Basin Layout Plan, prepared by Calibre Consulting As Annotated by Council in Red	07/09/2016
16-001014-402	A	Southern Bioretention Basin Section, prepared by Calibre Consulting As Annotated by Council in Red	07/09/2016
15-001261-801	B	Control Line Layout Plan Prepared by Calibre Consulting	17/02/2021
15-001261-802	B	Civil Works and Drainage Layout Plan Prepared by Calibre Consulting	17/02/2021
15-001261-803	B	Setout Detail Plan Prepared by Calibre Consulting	17/02/2021
15-001261-804	B	Path Longitudinal Sections Prepared by Calibre Consulting	17/02/2021
15-001261-805	B	Path Cross Sections Prepared by Calibre Consulting	17/02/2021
15-001261-806	B	Typical Path Cross Section Details Prepared by Calibre Consulting	17/02/2021
LP01	B	Cover Sheet / Key Plan Prepared by North Coast Environmental Services	08/03/2021
LP02	B	Landscape Plan Prepared by North Coast Environmental Services	08/03/2021
LP03	B	Landscape Plan Prepared by North Coast Environmental Services	08/03/2021
LP04	B	Landscape Plan Prepared by North Coast Environmental Services	08/03/2021
LP05	B	Landscape Plan Prepared by North Coast Environmental Services	08/03/2021
LP05	B	Landscape Plan – (Typical Details) Prepared by North Coast Environmental Services	08/03/2021
J000742	1	Arboricultural Assessment Report – Elm Street Cooroy, Footpath Alignment, prepared by North Coast Environmental Services	14/12/2020
PRIOR TO COMMENCEMENT OF WORKS
Engineering
All necessary approvals that may be required from external service providers (eg Unitywater, Telstra, Energex) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
Copies of the approved plans, duly signed by the supervising consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer Construction at the “prestart” meeting.
A condition report including photographs of the frontage of the site to Elm Street must be completed and submitted to council at the prestart meeting and prior to any works commencing.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council at the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a pre-start meeting is 53296291*. The prestart meeting must include the relevant parties for the following aspects of the works:
Civil engineering and stormwater drainage works;
Erosion and sediment control works;
Other relevant parties.
(*) refer to advisory notes
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction.
For works within Elm Street road reserve or where work access to the site is required via Elm Street, an approval of the Traffic Management Control Plan must be obtained from Department of Transport & Main Roads (TMR) and submitted to Council prior to the prestart meeting.
There are current concerns regarding the traffic safety at the intersection of Pearsons Road and Elm Street, particular attention must be given of the impact on the traffic conditions at this intersection by the proposed construction works. Where specific traffic management or arrangement measures are needed in this regard, these should be highlighted in the Plan and discussed with Council and the relevant authorities as required.
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures.
Works programme identifying key components of the works and their respective durations.
identification of complaint management procedures including:
Contact details for the on-site manager.
Dispute resolution procedures.
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
Engineering
The developer must meet any costs to repair damage to any Council 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.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans and conditions detailed in this Decision Notice.
The relevant conditions of the higher order Material Change of Use approval Reference No: MCU15/0111 to which this approval relates and the relevant requirements of any other related development permit approvals associated with this development.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site.
Pavement Design and Construction
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
Pathways
All pathways must:
Comply with the conditions of the Higher Order Approval (MCU15/0111).
Be generally in accordance with approved plans.
Be in compliance with IPWEA Standard Drawing RS-065.
Terminate in a manner that ensures smooth transition to existing surfaces for public safety.
Include any modifications to ensure the footpath finishes flush with all existing service covers and the like, or alternatively these services are raised or altered, so as not to create a pedestrian safety hazard.
Have a slip resistant surface.
Be designed and constructed to comply with Austroad’s Guide to Road Design Part 6A: Pedestrian and Cyclist Paths and the Disability Discrimination Act (DDA), Access to Premises Standard and the relevant sections of AS1428 Design for access and mobility.
Construction hold point(s) with Council’s delegate must be established once a pathway section is ready for concreting and/or as may be agreed to at the prestart meeting.
Earthworks and Retaining Walls
All earthworks and earth retention works shall be undertaken generally in accordance with the related permit approval for Operational Works for Bulk Earthworks file reference OPW15/0099 or any subsequent related approved changes or approvals and must be carried out in compliance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2’ as defined in Appendix B.  Test results as required by AS 3798, and a certificate of quality and uniformity of fill shall be provided by a suitably qualified RPEQ and submitted to Council prior to commencement of use and Council signing the Plan of Survey where applicable.
All earthworks, batters and earth retention works must be contained within the property boundaries unless a written consent from the owners of the affected properties is submitted to and accepted by Council prior to the works.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (eg by concentrating, blocking or interfering with natural overland flows).
Stormwater runoffs from the overall site must be maintained at rates not exceeding those prior to development works on site for all storms events up to and including 1% AEP. The design RPEQ must certify that the proposed stormwater detention works within the site achieve this long term requirement.
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Erosion & Sediment Control
A construction hold point with a council delegate and supervising RPEQ must be established prior to commencement of cut to fill earthworks. The hold point must be held as soon as reasonably practical and prior to the first rain event forecast following initial tree clearing or removal of soil stabilising material for each stage. At the hold point inspection, all required sediment basins, drains and bunds to divert waters away from disturbed soil or soils about to become exposed through cut to fill activities must be installed. All areas that will not require earthworks in the imminent cut to fill operation must be stabilised to prevent entrainment of sediments into receiving waters.
Cut to fill earthworks must not commence until after the Supervising RPEQ has certified that all installed erosion and sediment controls required by this approval are sized in accordance with conditions of the approval and the written acceptance of the certification is provided to the supervising RPEQ by Council officers.
Offsite run-off must be diverted around exposed soils on the site without entraining additional sediments. Discharge from measures to divert the offsite water must not cause run-off impacts to other properties. Measures installed to divert the upstream water must be designed and certified by the supervising RPEQ and installed prior to commencement of earthworks.
Any temporary drainage works to manage stormwater flows during the construction phase of development must be designed by the supervising RPEQ to provide a 150mm freeboard and convey the following flow capacities without resulting in visible scour within flow paths:
1 in 2 year event where disturbed area open for less than 12 months
1 in 5 year event where disturbed area open for 12-24 months
1 in 10-year ARI event where disturbed area open for 24 months
Minimum 1 in 1 year ARI Hydraulic capacity for temporary culvert crossings
E&SC measures must be  installed and maintained to ensure any waters discharged from the site up to and including a  85%ile 5 day rain event (or 46mm rainfall event)  contain less than 50mg Total Suspended Solids per litre. All relevant measures detailed in the International Erosion and Sediment Control Book 2008 or Sunshine Coast Manual for Erosion and Sediment Control must be installed to minimise the amount of sediment leaving the site in rainfall events that exceed 85%ile 5 day or 46mm.
Peak 1-year ARI event discharge from the construction phase of development must be equivalent to the pre-development peak 1-year ARI event discharge. Measures included in calculations to achieve management of peak flows must be incorporated into the development in a manner that is consistent with the Noosa Plan, all conditions of the approval and does not interfere with adjoining properties.
Prior to the completion of the development, all site surfaces must be effectively stabilised. 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.
Water Sensitive Design
Prior to commencement of use, the supervising RPEQ must certify must certify that all bioretention devices are designed and constructed in accordance with all relevant conditions of this approval, the Water by Design Bioretention Technical Design Guidelines, relevant aspects of the IPWEAQ Standard Drawing WSUD-drawing series and Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009).
During construction and establishment of the bioretention devices, the supervising RPEQ must certify forms contained in section 3.15 of the Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009). These forms and certification must be submitted to council prior to commencement of use.
The active filter media of the bioretention device must be 305m2. Active filter media area is the area of the bioretention basin surface that is not covered by any impermeable structure such as a sediment forebay, riser, etc.
A construction hold point with a council delegate must be established once the bioretention device underdrainage pipe work is installed. At the time of inspection, a sample of the drainage layer, transition layer, and filtration media materials must be stockpiled onsite accompanied by laboratory results that demonstrate that the media complies with the specifications contained in the latest version of the Guidelines for Soil Filter Media in Bioretention Systems (Facility for Advancing Water Biofiltration) and that the minimum hydraulic conductivity of 180mm/hr or as specified on the approved engineering plans will be achieved.
Where the bioretention basin is being used during construction phase as a sediment basin for erosion and sediment control purposes, the underdrainage pipework, drainage layer, transition layer, and filtration media materials shall not be installed until the catchment draining to the bioretention device has 80% groundcover as determined by council’s delegate.
Bioretention Devices - Landscaping
Landscape plans must include a mixture of at least five of the following species for planting in the bioretention basin extended detention surface at a minimum density of 8 plants/m2:
Carex appressa
Carex fascicularis
Ficinia nodosa
Juncus usitatis
Lomandra longifolia
Ghania sieberiana
Landscape plans for the areas surrounding the bioretention basin filter media footprint must be arranged to minimise shading to the filter media footprint area. Suitable plants include the following:
Carex appressa
Carex fascicularis
Ficinia nodosa
Juncus usitatis
Lomandra longifolia
Ghania sieberiana
Banksia robur
Dianella brevipendunculata
Themada triandra
Cymbopogan refractus
Melaleuca thymifolia
Where landscaping/garden beds are proposed adjacent to the bioretention basin, or where the basin is located adjacent to naturally forested areas, a 900mm deep root barrier must be installed to the interface between the landscape/garden/forest area and the bioretention basin to prevent root intrusion to the biobasin infrastructure.
Landscaping to the surface of the bioretention basin filter media area must not commence until 80% of building work within each contributing catchment is complete or after 3 years, whichever occurs first. Where necessary, an uncompleted works bond of 150% of the value of the planting to the surface of the bioretention basin filter media area must be provided to Council prior to Commencement of use.
Where required, mulch within the batters of bioretention basins must be installed in a manner that it will not escape into receiving stormwater drainage infrastructure or water courses.
Bioretention Devices - Education
The development shall be provided with approved permanent signage to educate the public on the function of the bioretention basin. The wording for the signage for each bioretention basin is to include: “BIORETENTION BASIN - This bioretention basin reduces the pollution of our waterways by reducing the amount of heavy metals, litter, suspended solids, and nutrients discharged to Six Mile Creek”.
Approved Stormwater Management Plan
The prestart meeting must be scheduled to occur after issue of the Council Approval for the Cooroy Retirement Community Stormwater Management Construction and Maintenance Plan for the site. The approval shall be issued following inclusion of the following amendments to the Cooroy Retirement Community Stormwater Management Construction and Maintenance Plan, prepared by Calibre Consulting September 2016 16-001014-02A.
Detailed design drawings within the Plan must be amended to;
Reflect MUSIC model with reference SC2G Palm Lakes provided to Noosa Council on 12 December 2016.
Show that the weir for pond ensures normal operating level of 99.2 and base of pond is 97.2.
Measurable Performance Objectives and Corrective Actions  must be specified for all elements within the Operational Phase of the SMCMP. Corrective actions for bioretention basins should be consistent with the Water by Design document for Rectifycing Vegetated Stormwater Assets.
Amend Table 2-1 to include for a notation on the drawing series to specify for no ponding that would prohibit fish movement between each zone
Detail the proposed method and frequency for the following:
Maintenance of steep slopes for mosquito management.
Encouragement of wave action.
Maintenance of water level fluctuations that will disturb mozzie breeding cycle.
Maintenance procedures to avoid wheel ruts/depressions.
Preventing ponding in overflow channels.
Weed removal to prevent mozzie breeding.
Provide the correct reference for Section 4.4.5.2 as referred to in the report.
Provide an appendix that details:
An appropriate list of plants to be planted macrophyte zone.
Plants that attract insectiverous birds so that these can be included within the landscape design.
Provide landscaping and fertiliser specifications to protect the water quality of the pond from excessive fertiliser use.
Quarterly checklist for the maintenance crew to use for all the water quality treatment features. The Checklist shall include methods for inspections (i.e. detail where transects or photo points should be set up).
Specify for scheduling of monthly inspections  during establishment and construction of macrophyte zone to manage bird impacts on plant survival and depressions that facilitate mosquito growth.
Include construction protocol for all water quality treatment  devices.
Amend section 2.3.2 to detail that a suitably experienced collector in fish assessment in South East Queensland shall be engaged  to collect and provide the Fire Tailed Gudgeon and Western Carps to the pond. Appropriate permits must be provided to Council prior to stocking of the pond.
Specify for suitable chemicals/ biodegradeable pesticides for use around the water bodies to protect  fish in the onsite water bodies.
Demonstrate how the propsoed macrophyte planting around the edge of the pond area will achieve an equivalent cyanobacteria mangement outcome as the  requirement for an even coverage over 20% of the open water to manage cyanobcteria outbreaks.
Include details for dense planting of lomandra around the pond edge for the purpose of cane toad management.
Change the requirement for dead plants to be replaced with equivalent sized ones with a requirement for dead plants to be replaced with an equivalent species.
Provide details for signage to prohibit feeding of water birds and other methods (i.e. drone inetrference) to discourage birds.
Delete any reference to waterquality testing being undertaken by others.
Specity the situation in the relevant Corrective Action where water testing would be required, i.e. upon complaint, odor, dying plants or as requested by administering authority
Detail how the visability depth of the pond will be monitored to confirm it exceeds 75cm (i.e.Include for secchi disk to be put in pond & photos taken).
Detail for the annual review to be provided  to Council to seek bond refund.
Change all “may” “should” and “shall” to read “must”.
Waste Management
Waste Services to be provided in accordance with the Solid Waste Management Plan Doc No BE150106-RP-SWMP-00 by Coote Burchills Engineering and dated 15/04/2016.
All waste storage areas to be constructed in the locations shown in the Solid Waste Management Plan Doc No BE150106-RP-SWMP-00 by Coote Burchills Engineering and dated 15/04/2016 and in accordance with Council’s Planning Scheme Policy No 9.
Internal roadways need to be clear of obstructing vegetation, power poles and parked vehicles to enable refuse and recycle service vehicles access to the Independent Residential dwellings.
FOLLOWING CONSTRUCTION
Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
As Constructed Plans
Prior to acceptance of civil works to become Council assets “On Maintenance”, the lodgement of satisfactory “As Constructed” records must be submitted to Council. The “As Constructed” information must include:
Drawings and data certified by a qualified experienced Civil Engineer (RPEQ) for design intent, and certified by a Licensed Surveyor in regard to the cadastre and the location, level and type of all services and structures.
The data must be in accordance with Council’s – Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks, and fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels.
The data must be submitted in hardcopy form and digital format (Asset Design and As Constructed (ADAC)) in GDA94 Zone 56 coordinate values. Guidelines on the use of ADAC are available at www.adac.com.au.
On Maintenance
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
Certification that all works have been undertaken and completed in accordance with the requirements of this Permit.
As Constructed details in accordance with Council’s Planning Scheme Policy.
Maintenance and operational manuals for all proprietary or site specific devices.
Where applicable the rehabilitation supervisor must:
Organise an annual inspection with council’s delegate.
Submit to council (with each inspection request) an annual Rehabilitation Status Report (written and photographic), detailing:
The condition of the regeneration area.
Detailing works undertaken in the previous year.
Measuring the works against the Performance Criteria in the approved plans
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection.
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
A Council inspection reveals works do not comply with approval requirements.
Submitted certification incorrectly states works comply with approval requirements.
Council must be contacted at least 5 working days prior to any tree removal and landscaping works commencing on the Elm Street walking path to organise a prestart. The contact number to arrange a pre-start meeting is 53296291*. The prestart meeting must include the relevant parties for the following aspects of the works:
Arboreal works;
Fauna management works;
Landscape works;
Rehabilitation works;
Other relevant parties.
(*) refer to advisory notes
PRIOR TO COMMENCEMENT OF WORKS
Prior to requesting a prestart meeting:
Tree protection fencing must be installed under the supervision of the Project Arborist and in accordance with the Arboricultural Assessment Report detailed within this Decision Notice.
DURING CONSTRUCTION
Fauna Management
A qualified person* must be engaged to manage fauna prior and during clearing to:
Ensure works are carried out in accordance with the approved Landscape Plan, Arboricultural Assessment Report and the Nature Conservation Act 1992.
Undertake pre-clearing inspections including fauna relocation and removal or blocking of all vacant hollows.
Ensure clearing works avoids nesting times of animals and birds.
Co-ordinate staging and sequence of clearing with fauna protection.
If wildlife is present during clearing operations (not previously removed) wait until the wildlife has left the tree or has been removed by a qualified person*.
Manage the translocation of animals and recovery procedures in accordance with relevant legislation.
*(Refer to Advisory Note)
Retention of Existing Trees and Vegetation
All tree retention, vegetation protection works and rehabilitation works must be carried out in accordance with methodology and recommendations within the Arboricultural Assessment Report and Landscaping Plans listed within this Decision Notice.
A qualified person* must be engaged for the duration of the works to:
Ensure works are carried out in accordance with the approved Aboricultural Assessment Report detailed within this Decision Notice.
Oversee installation of all tree protection fencing prior to commencement of any works onsite (including any clearing).
Supervise tree protection within the development site and frontages, prior to, during and following construction in accordance with AS 4970, Protection of trees on development sites.
Oversee approved tree removal in proximity to retained trees.
Undertake a risk assessment of all trees within striking distance of the development works and site and carry out hazard removal and amenity pruning in accordance with AS 4373, Pruning of amenity trees.
*(Refer to Advisory Note)
Removal of Existing Trees and Vegetation
Vegetation removal, felling and lopping must:
Be in accordance with the Arboricultural Assessment Report as detailed within this Decision Notice.
Retain old growth tree hollows and suitably relocate and distribute for nesting fauna.
Mulch all other wood and leaf material (without root balls, soil or debris and minimising weed seeds) for re-usable mulch and placement in accordance with approved Landscaping Plan as detailed within this Decision Notice.
Have mulch stockpiles no larger than 1000m3, 2.5m in height and with 10m separation between piles.
Allow for existing endemic ground flora to be translocated to suitable landscaping and rehabilitation areas.
Conclude with the area being stabilised against erosion, landscaped, rehabilitated and revegetated.
*(Refer to Advisory Note)
Rehabilitation after Vegetation Clearing
Rehabilitation works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice.
*(Refer to Advisory Notes)
Rehabilitation of cleared areas must:
Be undertaken immediately following completion of the Elm Street footpath works that required the clearing.
Result in the area being stable, rehabilitated and landscaped.
Be established with revegetation works undertaken by a qualified person*.
Be revegetated in accordance with the approved Landscape Plans as detailed within this Decision notice.
*(Refer to Advisory Note)
A qualified person* must manage plant pest (weeds) to:
Ensure plants listed as Class 1 and 2 declared pests within Council’s Pest Management Plan are controlled and prevented from spreading.
Oversee management techniques that minimise regrowth, prevent damage to non-target species, retain conservation values and maintains site stability.
*(Refer to Advisory Note)
FOLLOWING CONSTRUCTION
Supervision/Certification
Prior to commencement of use the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification confirming all works have been constructed in accordance with conditions of approval.
NATSPEC certification (Specifying Trees: a guide to assessment of tree quality addressing each specimen).
(* Refer to Advisory Note)
referral agencies
Not applicable.
advisory notes
General Advisory Notes
Council has undertaken an audit check of the Operational Works drawings in relations 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.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Environmental Advisory Note
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.
Aboriginal Cultural Heritage Act 2003
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 Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Prestart, On and Off Maintenance, Rehabilitation Inspections Request
Contact Council on 5329 6500 to arrange a prestart meeting or an inspection giving a minimum of five business days’ notice of preferred inspection time.
It should be noted prior to arranging a pre-start meeting the Right of Appeal Period of 20 business days should have been passed or the applicant has have confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
A minimum maintenance period of 12 months will apply to all municipal works and thereafter until such time as the works are performing in accordance with the approved design unless noted otherwise
Retention of Existing Trees
The existing trees on adjoining properties must be retained and protected during construction wherever achievable. To avoid doubt, this advisory note is not intended to exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following construction of the development which is the subject of this development approval.
Removal of Existing Trees and Vegetation
Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as well as optimum weed seed sterilisation.
Qualified Person
Qualified Person, for the purpose of:
Supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three years current experience in the field of landscape design.
Undertaking rehabilitation construction and establishment works is considered to be a person with five years current experience in revegetation and regeneration.
Undertaking, supervising tree works and preparing arboriculture certification, is considered to be a person with a minimum three years current experience in tree protection, hazard identification/mitigation and Specifying Trees – a guide to assessment of tree quality (NATSPEC) assessment and either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
Preparing certification and managing declared plant pests, is considered to be:
a landscape architect with a minimum of 3 years current experience in the field of pest plant management;
a botanist or ecologist with a minimum of 3 years current experience in the field of pest plant management;
an environmental consultant with a minimum of 3 years current experience in the field of pest plant management.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
property notes
The following property notes will be placed against the affected lots in Council’s property record system:
This site is provided with stormwater quality treatment devices which capture and store pollutants from stormwater runoff generated on the site.  These devices are required to be maintained in accordance with the Council Approved Version of the Cooroy Retirement Community Stormwater Management Construction and Maintenance Plan Prepared by Calibre Consulting.  Records of maintenance activities undertaken are to be kept and made available to council officers upon request.
The site contains stormwater quality treatment functions that form part of an integrated stormwater quality treatment strategy for the larger Palm Lakes development. The following functional filter media areas within bioretention basins must be provided for completed stages of the development at all times:

Location of Stormwater Quality Treatment	Functional Filter Media Area Size
Northern Basin	525m2
Central Basin	650m2
Southern Basin	305m2
Biopod D3	75m2
Biopod D2	75m2
Biopod C2	500m2 or stormwater treatment devices otherwise approved on Operational Works Development Approval to achieve a minimum pollutant reduction target of 90% reduction in Total Suspended Solids, 60% reduction in Total Phosphorous and 45% reduction in Total Nitrogen for the C2 Stormwater catchment compared to an unmitigated scenario. Pollutant Reduction Targets shall be as modelled in accordance with the Water by Design MUSIC Modelling Guidelines.

This site is provided with a Humes Humeguard. This device is required to be routinely checked and serviced/cleaned out as per the manufacturer’s recommendations. The material extracted from the device when being serviced and cleaned out is to be removed from the site and disposed of by either a licensed waste removal contractor or by other lawful means. Records of maintenance activities undertaken are to be kept and made available to council officers upon request.
variation approval details
Not applicable.
further development permits required
The following Development Permits for Operational Works are required prior to the commencement of use Stage 2 of Development:
Landscaping
Roadworks on Cooroy Connection Road (Elm Street) for the road intersections at Pearsons Road.
Bus stops (Two) on Elm Street
Acoustic fence and associated landscaping along Elm Street.
submissions
Not applicable.
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
other details
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully

Diogo Carrico
Development Engineer

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice – 5 December 2016
Decision Notice - Minor – OPW16/0203.01 – 5 November 2021 - with an amendment to condition 3 and additional conditions 52, 53, 54, 55, 56, 57, 58, 59,60, 61 and delete condition 1a.

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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ee) NOOSA COUNCIL