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Referral Agency Response - Minor Change - Planning RAP23 0011 01 · RAP23/0011.01

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                                                                 Officer:            Georgina Schramm
                                                                 Direct Telephone:   07 53296569
                                                                 Our Reference:      RAP23/0011.01
                                                                 Your Reference:     n/a

                 11 April 2025


                 M Doolan
                 C/- M Doolan
                 121 Rode Road
                 Wavell Heights 4012
                 [email protected]



                 Dear Applicant,
                                       Referral Agency Response – Minor Change
                                                      Planning Act 2016

                 I refer to your application received on 2 April 2025, requesting a minor change to the referral
                 agency response. Council has decided your requested changes. Details are as follows:
                 1.     APPLICATION DETAILS

                  Application No.               RAP23/0011.01

                  Street Address:               21 Seaview Terrace Sunshine Beach Qld 4567

                  Real Property Description:    Lot 806 RP 48111

                  Planning Scheme:              Noosa Plan 2020 (25 September 2020)

                 2.     DECISION DETAILS

                 A Referral Agency Response for Dwelling House (height, cut/fill, setbacks) was issued on 22
                 March 2024.
                 In relation to the request to make a minor change to the referral agency response, Council
                 on 11 April 2025, decided to approve the requested changes. The changes are detailed
                 below:
                 A. Approve the change.
                 B. Amend conditions 2 & 4.
                 C. Delete Advisory Note 3.
                 3.     TIME LIMIT FOR MAKING FURTHER APPLICATION

                 Pursuant to section 54(4) of the Planning Act 2016, you will not be required to refer your
                 building works application to council for a further Referral Agency Response if:
                 a)     you submit this Referral Agency Response in its entirety, including all referenced plans
                        and documents, when making the application to the Assessment Manager; and
                 b)     there are no changes to the proposal that was presented to council with this referral;
                        and

                 ABN 97.969.214.121                                                                   PO Box 141
                 noosa.qld.gov.au                                                              Tewantin QLD 4565
                 [email protected]                                                              07 5329 6500
                                                                                                        Page 1 of 7
Document Set ID: 23684628
Version: 6, Version Date: 11/04/2025
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                 c)     The development application to the assessment manager is made within 12 months of
                        the date of this referral agency response.
                 4.     REFERRAL AGENCY CONDITIONS

                        When Conditions must be Complied With
                 1.     Unless otherwise stated, all conditions of this Decision Notice must be complied with
                        prior to the use of the building commencing, and then compliance maintained at all times
                        while the use continues.
                        Approved Plans
                 2.     Development authorised by this approval must be undertaken generally in accordance
                        with the Approved Plans listed in the table/s below.

                           Plan No.          Rev.   Plan/Document Name                         Date

                           100-01            8      Proposed Site Plan, prepared by AACG 02.04.2025
                                                    Design

                           200-01            8      Basement Floor, prepared by AACG 02.04.2025
                                                    Design

                           200-02            8      Ground Floor, prepared by AACG Design 02.04.2025

                           200-03            8      Level 1 Plan, prepared by AACG Design      02.04.2025

                           200-04            8      Level 2 Plan, prepared by AACG Design      02.04.2025

                           200-05            8      Roof Plan, prepared by AACG Design         02.04.2025

                           300-01            8      East Elevation, prepared by AACG 02.04.2025
                                                    Design

                           300-02            8      North Elevation, prepared by AACG 02.04.2025
                                                    Design

                           300-03            8      West Elevation, prepared by AACG 02.04.2025
                                                    Design

                           300-04            8      South Elevation, prepared by AACG 02.04.2025
                                                    Design

                           310-01            8      East Elevation Colour Scheme, prepared 02.04.2025
                                                    by AACG Design

                           310-02            8      North   Elevation Colour        Scheme, 02.04.2025
                                                    prepared by AACG Design

                           310-03            8      West    Elevation Colour        Scheme, 02.04.2025
                                                    prepared by AACG Design

                           310-04            8      South Elevation Colour          Scheme, 02.04.2025
                                                    prepared by AACG Design

                           400-01            8      Section 1, prepared by AACG Design         02.04.2025




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                           400-02            8      Section 2, prepared by AACG Design          02.04.2025

                           400-03            8      Section 3, prepared by AACG Design          02.04.2025

                           400-04            8      Section 4, prepared by AACG Design          02.04.2025

                           400-05            8      Section 5, prepared by AACG Design          02.04.2025

                           400-06            8      Section 6, prepared by AACG Design          02.04.2025

                           400-07            8      Section 7, prepared by AACG Design          02.04.2025

                        Building Height
                 3.     The maximum height of the development must not exceed 8 metres above ground level,
                        including where excavation is undertaken, the exposed portion of the external façade of
                        the building is not to exceed 8 metres. A landscape setback is to be provided along the
                        front forecourt area.
                 4.     The ground level is to be reinstated around the basement, to ensure no part is more
                        than 1 metre above ground level, apart from the entry, driveway and manoeuvring area,
                        where shown in Plans 100-01 & 200-01, Rev 8 dated 02.04.2025.
                 5.     Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld)
                        which certifies that the building does not exceed the maximum height requirement of this
                        Decision Notice.
                        Performance Bond
                 6.     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 Building 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.
                        Protection of Privacy
                 7.     The upper level balcony located on the upper level must include either balcony planter
                        boxes, balustrading or fixed external screens, positioned in such a way to obscure direct
                        views into the habitable room windows or private open space areas of the adjoining
                        property. Any fixed external screen(s) must not extend more than 50% of the length of
                        the balcony and is not to exceed 8 metres from natural ground level.
                        Car Parking
                 8.     A minimum of 2 car parking spaces must be provided on site and made available and
                        accessible at all times for residents.
                        Landscaping Works
                 9.     A minimum of 20% of the site must be retained as soft landscaping.
                 10.    Existing trees on the site must be retained, except where required to be removed to
                        accommodate the approved dwelling. In this regard, the removal of vegetation must not
                        extend beyond the building footprint.
                 11.    Existing vegetation in the road reserve must be retained, unless written authorisation
                        from Council is granted for the clearing.
                 12.    Trees to be retained must be protected from clearing or construction activities by:



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                        a)      clearly marking vegetation to be retained with flagging tape
                        b)      installing protective fencing around the drip line of the vegetation
                        c)      restricting stockpiling, storage and vehicle parking to those areas which are
                                already cleared
                        d)      using low impact construction techniques around vegetation.
                 13.    All planting areas on the eaves must be planted and maintained at all times, with
                        replacement planting undertaken promptly where plants fail or do not have a healthy
                        and vigorous growth.
                        Stormwater Drainage
                 14.    Stormwater runoff from the development must be disposed of without causing scour or
                        damage to the subject site or any adjoining property.
                        Easements
                 15.    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.
                 16.    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.
                 17.    All works must be kept clear of any existing or proposed easements on the subject land,
                        unless agreed otherwise in writing by the Grantee.
                        Geotechnical Stability
                 18.    All works must be carried out in accordance with the recommendations contained in
                        section 6 of the Report on Geotechnical Investigation prepared by Douglas Partners
                        dated October 2021.
                        Earthworks and Retaining Walls
                 19.    All earthworks and associated retaining structures/batters, both above and below
                        ground, both temporary and permanent, must be contained entirely within the subject
                        site unless written permission form 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.
                 20.    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.
                 21.    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.
                 22.    Prior to the issue of a Building Permit, the supervising RPEQ must certify that the
                        earthworks have:
                        a)      been undertaken in accordance with the conditions of Council’s Referral Agency
                                Response; and
                        b)      have not caused actionable nuisance to neighbouring properties and structures.




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                        Damage to Services and Assets
                 23.    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.
                        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.
                        Construction Management Plan
                 24.    A revised 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)      Include a post out to the local residents and businesses advising of the proposed
                                development, the expected time frames and the site contact details.
                        f)      Include signage in prominent locations on the boundaries of the site advising of
                                the proposed development, the expected time frames and the site contact details.
                        g)      identification of complaint management procedures including:
                                i.      contact details for the on-site manager
                                ii.     dispute resolution procedures
                        It is acknowledged that the 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.
                        Damage to Services and Assets
                 25.    Any damage caused to existing services and assets as a result of the development
                        works must be repaired at no cost to the asset owner at the following times:




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                         a)     where the damage would cause a hazard to pedestrian or vehicle safety,
                                immediately; or
                         b)     where otherwise, upon completion of the works associated with the development.
                         Any repair work which proposes to alter the alignment or level of existing services and
                         assets must first be referred to the relevant service authority for approval.
                 5.      ADVISORY NOTES

                 The following notes are included for guidance and information purposes only and do not form
                 part of the referral agency conditions:
                         Equitable Access and Facilities
                 1.      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:
                         a)     the Disability Discrimination Act 1992 (Commonwealth);
                         b)     the Anti-Discrimination Act 1991 (Queensland); and
                         c)     the Disability (Access to Premises – Buildings) Standards.
                         Infrastructure Charges
                 2.      All developments and/or changes to existing developments may require payment of
                         “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges
                         Resolution” made pursuant to the planning legislation and regulations current at the time
                         of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-
                         development/development-tools-guidelines/infrastructure-charges
                         Building and Construction Industry (Portable Long Service Leave) Levy
                 3.      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.
                         Road Reserve
                 4.      This approval does not include works within Council’s road reserve (including deliveries,
                         laneway closures, pedestrian detours, etc.). Any activities in Council’s road reserve
                         associated with the construction/demolition of the dwelling must be undertaken in
                         accordance with a Road Reserve Permit. Please contact Council to apply for a Road
                         Reserve Permit.
                 6.      REFERENCE DOCUMENTS

                      Plan       Rev.    Plan/Document Name                               Date
                      No.

                      100        PA      Concept Earthworks Layout Plan                   9 December 2023
                                         Prepared by JIVY

                      101        PA      Concept Earthworks Sections, Notes and 9 December 2023
                                         Details
                                         Prepared by JIVY




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                      2000       PA         Pre Vs. Post Development       Catchment 9 December 2023
                                            Assessment Layout
                                            Prepared by JIVY

                      2001       PA         Stormwater Drainage Layout, Notes and 9 December 2023
                                            Details
                                            Prepared by JIVY

                      -          0          Site-based Stormwater Management Plan          11 December 2023
                                            Prepared by JIVY

                 7.       REASONS FOR REFERRAL AGENCY’S DECISION

                 The proposal is subject to specific built form parameters outlined in The Noosa Plan.
                 8.       FURTHER DEVELOPMENT PERMITS REQUIRED

                  Type of Development                                 Subject of the required Development

                  Development Permit for Building Works               All Building Works

                  Development Permit for Operational Works            Earthworks

                 9.       REPRESENTATIONS ABOUT REFERRAL AGENCY RESPONSE

                 The applicant may make representations to Council about this referral agency response at
                 any time before the application is decided pursuant to section 30 of the Development
                 Assessment Rules.


                 Yours faithfully,




                 Georgina Schramm
                 Senior Development Planner


                 Enc:     Approved Plans/Reference Documents




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Document Set ID: 23684628
Version: 6, Version Date: 11/04/2025

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