Delegated Report MCU16/0103 & OPW16/0199

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	MCU16/0103
	
Author:	Glen Conforti
	
Project Director:	Glen Conforti
	

SUMMARY:

APPLICATION DETAILS
Applicant:	DE Williams, ML Farrell
Proposal:	Development Permit for Material Change of Use of Premises - Multiple Housing Type 2 - Duplex
Properly Made Date:	08/09/2016
Information Request Date:	22/09/2016
Info Response Received Date:	06/10/2016
Date of Site Visit:	September 2016
Decision Due Date:	23/11/2016

PROPERTY DETAILS
Property Address:	109 Gympie Tce NOOSAVILLE  QLD  4566
RP Description:	Lot 5 RP 79817
Land Area:	607m²
Existing Use of Land:	Vacant – dwelling recently demolished

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Area / Locality:	Noosaville
Planning Precinct / Zone:	Attached Housing zone
Assessment Type:	Code

PROPOSAL:

The application seeks approval for a duplex consisting of 2 x 3 bedroom units. The units run parallel from north to south. The kitchen and living spaces are located on the lower level with 3 bedrooms on the upper level which sits toward the street. External finishes consist of rendered material with decorative and screening fins surrounding the street facing bedrooms. The roof is colorbond with a 15 degree pitch, proposed up to 9.095m above NGL and eaves to most of the perimeter. A single garage is proposed for each unit with an open car space to each side of the garages.

The lower level is setback 6.6m to a decorative beam and 7.2m to the main building facade. The upper level is setback slightly more at 8m.
Figure 1 below shows a 3D rendering and Figures 2 & 3, the floor layout.

Figure 1 - Proposed view from the street

Figure 2 - Lower level

Figure 3 - Upper floor layout

SITE DETAILS:
Site Description
Site & Locality Description
Road Frontage	Gympie Terrace
Existing Significant Vegetation	The dwelling and any vegetation that have been removed.
Topography:	The site is generally level with a slight slope from the rear of the site to the street.
Surrounding Land Uses:	Adjoining to the west is a multiple dwelling consisting of 9 units; to the east, single dwellings and further along Gympie is multiple dwellings and the Noosa Waters Lock & Weir system. To the south the lot adjoins the Noosa Sea and land Scouts, a large 1.6ha lot.

Figure 4 - Aerial of the subject site.

The following planning scheme overlays are applicable to this application:
Natural Hazards Overlay – High Potential Acid Sulfate Soils
Natural Hazards Overlay – Flood Hazard Area

STATUTORY ASSESSMENT:

The application has been assessed against the following statutory instruments, including:

the South East Queensland Regional Plan,
any applicable state planning policies,
the state planning regulatory provisions,
any applicable temporary local planning instrument and

The application has also been assessed against the planning scheme, including the following applicable codes:

Eastern Beaches Locality Code
Residential Uses Code
Landscaping Code
Engineering Works Code

The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.

The proposed Multiple Housing Type 2 – duplex is a consistent use within the Attached Housing zone and is required to follow a code assessable application process. Multiple dwellings are common along this section of Gympie Terrace and the proposed duplex will complement the surrounding multiple dwellings fronting Gympie Terrace.

The following Table 1 outlines some key Planning Scheme Parameters required for the proposal.

Table 1 - Development Parameters
Criteria	Planning Scheme	Proposal	Complies
Site Area		606.62m²	
Population density	6.07 persons max	6.6 persons	X
Gross floor area Max. allowable pop. X 40m²	243 m² max	273 m²	X
Site cover	40% max	40 %	
Landscaped open space Proposed pop x 30m² Soft landscaping	198m² min 119 min 60% of total	208 m² 122m²	
Building height storeys metres	2 storeys max 8 metres	2 storeys 9.1 metres	X
Boundary setbacks Frontage Side Side Rear	6 metres min 1.5/2 metres min 1.5/2 metres min 6 metres min	7.2 metres 1.53/2.05 metres 1.53/2.06 metres 8 metres	
Length of wall	15 metres max	10 metres	
Carparking	2 covered min 1uncovered min	2 covered 2 uncovered	

Density and Gross Floor Area
The proposal exceeds the maximum density and gross floor area for the site. The Planning Scheme provisions differ in the Attached Housing zone and the Semi-Attached housing zone for a duplex. Table 2 below shows this difference between the two zones.

Table 2 - Yield for the 2 residential zones
Criteria for a duplex	Attached Housing zone Proposals yield	Semi-Attached Housing zone Proposals yield	Difference
Gross Floor Area/Plot Ratio	Maximum population x 40m² 243m²	0.45:1 273	30m² greater in Semi-Attached
Density	6.07 persons = 1 x 3 bedroom unit and 1 x 3 bedroom unit	6.6 persons = 2 x 3 bedroom units	0.5 1 additional bedroom in the Semi – Attached zone

The proposal meets the site cover and landscaping provisions for the Attached Housing zone thus providing a building bulk and scale, and appearance and open space similar to other multiple dwellings in the zone, albeit exceeding density and GFA. The proposal is well articulated and provides sufficient open space (in excess of requirements) for residents. Given the development as a whole maintains the character of the area and also meets the provisions for a duplex were it in the Semi Attached Housing zone, the additional GFA and density does not raise any significant concerns. It is noted the difference in planning parameters between the 2 urban residential zones for a duplex appears to be an anomaly in the Planning Scheme and has been forwarded to Strategic Planning department for analysis for the forthcoming Planning Scheme.

Height
The proposal seeks a height of nearly 9.1m above the natural ground level. The proposal is required to meet the minimum floor level of 2.85m AHD which results in approximately 1.765m of fill. Figure 5 shows the extent of roof that exceeds the 8m above NGL.

Figure 5 - The shaded area denotes the area exceeding 8m.

Given that a significant difference exists between the NGL and the minimum floor level is it reasonable to allow some height dispensation. The highest point of the roof is centrally located along ridge lines which will not cause shadowing, overlooking and does not add to building bulk. Furthermore, the unit development nearby has taken building height from the filled building pad resulted in the development exceeding 8m, similar in height to that proposed. The proposal is therefore of a consistent height with surrounding development and is recommended to be supported.

Acid Sulfate Soils
The site is located in an area of high potential acid sulfate soils. Given the quantity of fill proposed, the applicant has provided an Acid Sulfate Soils Management Plan to ensure any acid sulfate soil released as part of construction is addressed accordingly.

CONSULTATION:
Referrals
The application was forwarded to the following internal council specialists:

Development Engineer
Their assessment forms part of this report.

CONCLUSION:

The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that can not be addressed by reasonable and relevant conditions.  The application is therefore recommended for approval.

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. MCU16/0103 for a Development Permit for Material Change of Use of Premises - Multiple Housing Type 2 - Duplex situated at 109 Gympie Tce NOOSAVILLE  QLD  4566 as identified in the attached details recommended for the Decision Notice.

Development Application Number MCU16/0103

1.	APPLICATION DETAILS

Application No:	MCU16/0103
Street Address:	109 Gympie Tce NOOSAVILLE  QLD  4566
Real Property Description:	Lot 5 RP 79817
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following type of approval has been issued:

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

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 4 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS

PLANNING
When Conditions must be Complied With
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
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
A001	D	Site Plan, prepared by Natani Design	25/10/2016
A101	D	Ground Floor Plan, prepared by Natani Design	25/10/2016
A102	D	Upper Floor Plan, prepared by Natani Design	25/10/2016
A103	D	Roof Plan, prepared by Natani Design	25/10/2016
A201	D	Elevations, prepared by Natani Design	25/10/2016
A202	D	Elevations, prepared by Natani Design	25/10/2016
A203	D	Artist Impressions, prepared by Natani Design	25/10/2016
A301	D	Sections, prepared by Natani Design	25/10/2016
A302	D	Sections, prepared by Natani Design	25/10/2016
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level, except the area of roof indicated on the approved roof plan which must not exceed the heights indicated on that plan.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
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 arranging the pre-start meeting. 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.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
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 the development site.
Building Appearance
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like.
Fencing
Street fencing must be set back in accordance with the approved site plan.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Protection of Privacy
To ensure privacy is protected between adjoining properties, any window/s, that have the potential to overlook the private open space of neighbouring properties must either:
have a minimum window sill height or 1.5 metres above floor level
be fitted with translucent glazing
be fitted with a fixed external screen
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
LANDSCAPING
The development site must be landscaped. The works must be undertaken in accordance with the approved plans and Planning Scheme Policy PSP 3 – Landscaping Plants and Guidelines and must include in particular one (1) 45 litre tree located each side of the driveway (2 trees in total) within the garden between the fence and front boundary. The species must be either Acema hemilampra and/or Elaeocarpus reticulatus.
ENVIRONMENTAL HEALTH
Waste Storage
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Noise
Written certification must be provided from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following :
Air-conditioning and Refrigeration
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable =  background + 3dB(A)
Pumps
7am to 7pm: Maximum level allowable = background + 5dB(A)
7pm to 10pm: Maximum level allowable = background + 3dB(A)
10pm to 7am: No audible noise.
Assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building.  All equipment must be operating at the same time to test the overall noise level created, with the measurement location at either the residential boundary or outside the most exposed part of an affected building - whichever is the closest to the plant/equipment.
The certification must be submitted to Council, which certifies that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice.
ENGINEERING
Site Access and Driveways
A sealed access driveway must be provided from Gympie Terrace to all parking and manoeuvring areas of the development. The works must include in particular:
a driveway crossover in accordance with standard drawings RS-049 and RS-050,
removal of the existing property access and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed
the internal courtyard walls and landscaping constructed to provide sufficient area within the site to permit vehicles to reverse from the proposed garaging/carparking, manoeuvre on site and exit the site in a forward gear in a total of 2 movements
Car Parking
A minimum of 4 car parking spaces must be provided on the site. The works must be undertaken generally in accordance with the approved plans.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken generally in accordance with the approved plans and must include where necessary, extension of the site stormwater system to accommodate stormwater from the adjoining properties, including registration of drainage easements.
Services
Any relocation or modification of existing services that are required due to the development of the site must first be referred to the relevant service authority for approval. All works must be carried out in accordance with the service authority’s requirements and at no cost to the asset owner.
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.
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
An easement for drainage purposes must be registered on the title of the subject property over any drainage system that conveys stormwater from another property through the subject property to Gympie Terrace. The easement must be in favour of the benefitted properties and be of sufficient width to fully encompass the drainage structures. The easement must be granted prior to the commencement of the use.
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.
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.
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
As the site is proposed to be filled, appropriate stormwater drainage structures must be installed within the site to collect and discharge stormwater runoff from the adjoining properties to prevent additional ponding/flooding on these properties.
The development must be carried out in accordance with the recommendations of the Environmental Services – Acid Sulfate Soil Investigation & Management report – Reference 4956 dated 26 October 2016 prepared by Future-Plus Environmental.
All fill and associated batters/walls must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
OPERATIONAL WORKS OPW16/0199
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
26199-C2	A	Proposed Access Driveway prepared by SCG Consulting Engineers as annotated by Council	6 October 2016
26199-C3	A	Stormwater Drainage prepared by SCG Consulting Engineers	6 October 2016
26199-C3.1		Roofwater Drainage prepared by SCG Consulting Engineers	July 2016
A003	D	Landscape Plan, prepared by Natani Design	25/10/2016

PRIOR TO COMMENCEMENT OF WORKS
Engineering
All necessary approvals from external service providers (eg Unitywater) 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 consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer Construction at the “pre start” meeting
A condition report including photographs of the frontage of the site 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 5329 6244. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Landscape works;
Erosion and sediment control works;
Other relevant parties
A Construction Management Plan must be submitted to and approved by Council prior to the pre-start meeting. The plan 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
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Proposed fencing to the site during the construction phase of the development
Adequate parking arrangements for construction workers
No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off
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
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 and services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
For haulage operations involving significant volumes of fill material or excavated material being transported onto or off the site: 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 must be fully repaired at the applicant’s expense
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/documents and conditions detailed in this Decision Notice
The relevant conditions of the higher order Material Change of Use to which this approval relates
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.
Works within Road Reserve/Reinstatement
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
All frontage works must match neatly with existing road and verge/footpath features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Electrical conduits or other services proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Pathways
All pathways must be constructed in accordance with the following requirements:
All footpath/cycleway must comply with Council’s Standard Drawing RS-065.
Provision must be made for disabled access at all kerb crossings associated with pathways, in accordance with Council's current standards.
All paths must have a slip resistant surface
Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth ride for cyclists
The required work includes 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
Pathways must:
terminate in a manner that ensures smooth transition to existing surfaces for public safety
be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS1428 Design for access and mobility
Site Access and Driveways
Driveway crossovers must be constructed in accordance with council’s Standard Drawing RS-049 and RS-050
Any existing unnecessary or redundant property accesses must be removed, and the kerb, footpath and verge area reinstated to match the existing footpath and/or verge treatments. Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed or turf, and must be maintained by the developer until established.
The following must be complied with during the construction of the required crossover/driveway:
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete.
The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties
Underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway
Where there is an existing pedestrian path, a matching crossfall must be provided for the driveway on the alignment of the path, for the full width of the path
The property access must be located a minimum of 1m clear of existing power poles, streetlights or other signage. The developer is responsible for any necessary relocation of existing services to provide this clearance and must contact the relevant service authorities and comply with their requirements in relation to these works.
Earthworks and Retaining Walls
All earthworks shall be undertaken in accordance 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 1’ 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 RPEQ and submitted to Council.
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 blocking or interfering with natural overland flows creating additional ponding/flooding).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
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 (refer to E&SC Advisory Notes). 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.
Environment
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards (refer to advisory notes).
Prior to the final inspection for 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 (refer to advisory notes). 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.
Damage to Services and Assets
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
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.
On Maintenance
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to the occupation of the building. 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
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.
LANDSCAPING
Landscaping Works
The development site must be landscaped in accordance with Planning Scheme Policy 3 – Landscaping Plants and Guideline and generally in accordance with the works shown on the approved Landscape plan.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
Grassed areas must be:
Rolled, top dressed and joined smoothly with adjoining surfaces.
Of species sustainable for local and design conditions and do not require irrigation.
Free of disease, pest, weeds, rock and debris.
Damage to Services and Assets
Any damage caused to existing services, streetscape and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
Where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
Where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.

5.	REFERRAL AGENCIES

Not Applicable.

7.	REFERENCED DOCUMENTS

Not Applicable.

8.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Equitable Access and Facilities
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:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges).
OPERATIONAL WORKS

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.
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6244 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
If Council officers are required to undertake additional inspections of the same works, a reinspection fee will be applicable in accordance with Council’s Fees and Charges register applicable at the time.
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
Environmental Advisory Notes
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.
Erosion and Sediment Control
Accepted best practice standards include:
the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2 or other superseding document subsequently adopted by Council;
Best Practice Erosion and Sediment Control, International Erosion Control Association (2008)
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the final inspection:
Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority

9.	PROPERTY NOTES

Not Applicable.

10.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

11.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work (All Building Works)
Compliance Certificate for Document(s) (Plan Sealing)

12.	SELF ASSESSABLE CODES

Not Applicable.

13.	SUBMISSIONS

Not Applicable.

14.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

15.	RIGHTS OF APPEAL

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

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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

16.	OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

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DELEGATED AUTHORITY REPORT

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—— RIDGE HEIGHT RL 9.920 AHD
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NGL 1.080 AHO
HEIGHT ABOVE NGL 9.095m

RIDGE HEIGHT RL 9.920 [email protected] aHD
HEIGHT ABOVE NGL 8.730m