Council archive · source document
Decision Notice - Minor Change - MCU21 0228 01 & OPW21 0364 01 [As Published] · MCU21/0228.01
Officer: Georgina Schramm
Direct Telephone: 07 5329 6569
Our Reference: MCU21/0228.01
OPW21/0364.01
Your Reference: M2915P
21 February 2024
Altum Property Group
C/- JFP Urban Consultants Pty Ltd
T1.209 Kon-Tiki Business Centre
Tower 1/55 Plaza Parade
MAROOCHYDORE QLD 4558
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 4 December 2023, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU21/0228.01,OPW21/0364.01
Street address: 245 David Low Way, Peregian Beach
Real property description: Lot 22 P 9315
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 18 August 2022.
• Development Permit for Material Change of Use of Premises – Dual Occupancy, & Office
• Development Permit for Operational Works - Roadwork, Drainage Work, Landscaping,
Stormwater, Earthworks
In relation to the request to make a minor change to the existing approval, Council on 19 February
2024, decided to approve in part the requested changes. The changes are detailed below.
A. Approve the change in part;
B. Amend conditions 1 and 46;
C. Refuse to approve a gate to the site’s rear to link with the Community House at 5-7 Rufous
Street for the following reasons:
1. There is no suitable safe access on the Peregian Beach Community House land from
the gate to Rufous Street.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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2. The proposed link through the subject site is also not designed as a public thoroughfare
and conflicts with the development’s car parking and driveway areas.
D. Advice the applicant that the gate to the site’s rear that currently provides pedestrian access
to the Peregian Beach Community House must be removed and this area landscaped.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
When Conditions must be Complied With
1. 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
1622-DA02 08 Floor Plans, prepared by Blackburn 8 August 2022
Jackson
1622-DA03 07 Elevations, prepared by Blackburn Jackson 8 August 2022
1622-DA04 07 Section, prepared by Blackburn Jackson 8 August 2022
1622-DA05 07 Section, prepared by Blackburn Jackson 8 August 2022
1622-DA06 07 Landscape Area Plans, prepared by 8 August 2022
Blackburn Jackson
1622-DA07 08 Site Cover & Height, prepared by Blackburn 8 August 2022
Jackson
1622-DA08 07 Materials & Finishes, prepared by 8 August 2022
Blackburn Jackson
1622-DA09 07 Perspectives, prepared by Blackburn 8 August 2022
Jackson
1622_L01-01_C C Landscape Notes & Schedules, prepared 20 November
by Blackburn Jackson 2023
(Annotated by Council)
1622_L03-01_C C Landscape Planting Plans, prepared by 20 November
Blackburn Jackson 2023
(Annotated by Council)
1622_L07-01_01 01 Landscape Details, prepared by Blackburn 19 May 2022
Jackson
2. Deleted
Nature and Extent of Approved Use
3. The approved Dual Occupancy is comprised of two (2) small dwellings, and Office, in
accordance with the use definitions under Noosa Plan 2020.
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4. The plot ratio of the development must not exceed 0.5:1, in accordance with the
administrative definition under Noosa Plan 2020.
Currency Period
5. This development approval lapses if the use has not happened by 18 August 2028, unless
an application to extend the currency period is approved by Council.
Building Height
6. The maximum height of the development must not exceed 8 metres above the natural ground
level, except where shown on Plan 1622-DA07, dated 11 February 2022.
7. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
building/s do not exceed the maximum height requirement of this Decision Notice.
Performance Bond
8. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 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.
Street Identification
9. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate, the
building name.
Water & Sewer Connections
10. 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).
11. 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 (for MCUs).
Nature and Extent of Approved Use
12. Non-residential uses on the premises must not operate outside the hours of 7am to 9pm,
seven days a week, including public holidays.
The requirements of this condition must be included in the Community Management
Statement for any body corporate for the subject site.
Building Appearance
13. All air conditioning units or other mechanical equipment must be located at ground level, or
otherwise fully enclosed or screened such that they are not visible from the street frontages
nor adjoining properties.
14. All deck and balcony areas above ground floor must not be enclosed by permanent fixtures
such as shutters, louvres, glass panelling or the like, except where required to satisfy any
privacy condition of this Decision Notice.
Fencing and Walls
15. Any street fencing must be set back an average of at least 1 metre from the front property
boundary. Any fencing on the front boundary must not exceed a maximum height of 1.8m.
16. The area of land between the fence and the front property boundary must be densely
landscaped to obscure any fencing from the street.
17. Waste storage areas are to be screened from the roadside and internal areas within the
subject site.
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Clothes Drying Areas
18. Each dwelling unit must be provided with access to an outdoor clothes line which is screened
from public view.
Protection of Privacy
19. The upper level balcony (BAL 1) located on the southern building face of Unit 2 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.
Landscaping Works
20. The development site must be landscaped in accordance with PSP3 – Landscaping Plants
and Guidelines and generally in accordance with the approved plans.
21. 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.
22. Deleted
23. Deleted
24. The existing vegetation in the road reserve is to be retained and managed as per the findings
and recommendations of the Arborist Report prepared by Arboriculture Contractors Australia
Pty Ltd, dated 27 April 2022. A qualified person* must be present if works are occurring within
the Tree Protection Zone.
Should one of the mature trees are to be removed, reasonable grounds must be given by the
qualified person*, and substituted with additional Baeckea virgata or Banksia integrifolia with
a minimum pot size of 100L or greater.
25. Deleted
26. Deleted
27. Deleted
External Works
28. David Low Way must be upgraded for the length of its frontage to the subject site. The works
must include in particular:
a. construction of a pedestrian footpath in accordance with the conditions of this Decision
Notice
b. removal of the existing property 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
Condition 28 (a) is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk
infrastructure identified by Council’s LGIP to service the development.
Site Access and Driveways
29. A sealed access driveway must be provided from David Low Way to all parking and
manoeuvring areas of the development. The works must include in particular:
a. a driveway crossover in accordance with Council’s Standard Drawing RS-051
b. suitable safety measures, including warning signage, to improve driver awareness of
pedestrians and enhance pedestrian safety.
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Car Parking
30. A minimum of eight (8) car parking spaces must be provided and marked on the site and
made available and accessible at all times while the use is open for business. The works
must include in particular:
a. The small dwellings component of the development is to have available three (3)
parking spaces, one (1) space is to be available for visitors of the residential use, which
are clearly marked for that purpose and accessible at all times for visitor use.
b. The office is to have available five (5) parking spaces, which are clearly marked for that
purpose.
c. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
31. 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.
32. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site.
Pedestrian and Bicycle Facilities
33. Pedestrian and bicycle facilities must be provided for the development. The works must
include in particular a 2.0 metre wide footpath within the road verge for the entire length of
the site’s frontage to David Low Way.
Condition 33 is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk
infrastructure identified by Council’s LGIP to service the development.
34. A minimum of two (2) bicycle spaces are to be provided and dedicated for use by those
associated with the Office.
Stormwater Drainage
35. 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 “Site Based
Stormwater Management Plan” – Reference number 188-002-001, Revision A prepared by
BAX Engineering dated 3 February 2022 and must include:
a. the deletion of the connection from the proposed infiltration pit to the existing infiltration
pit in the adjoining property, and
b. any modifications to the proposed infiltration pit necessary due to the deletion of the
abovementioned connection
The amended plans must be submitted to Council at least 5 business days prior to the pre-
start meeting.
Condition 35 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
36. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.
Services
37. 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.
38. Certification must be submitted to Council from all relevant service providers (Energex, NBN
and Unitywater) which certifies that the development has met the requirements of this
Decision Notice and all applicable legislation at the time of construction.
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Easements
39. 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.
40. 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.
41. 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
42. All earthworks and associated retaining structures/batters 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.
43. 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.
44. 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
45. 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.
Operational Works
APPROVED PLANS
When conditions must be complied with
46. 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, where there is conflict between the approved plans
and conditions of approval, the condition prevails.
Plan No. Rev. Plan/Document Name Date
188-002-002-B B General Notes prepared by Bax 7 February 2022
Engineering
188- 002-100 B Site Layout Plan prepared by Bax 7 February 2022
Engineering
188-002-200 B Earthworks Layout Plan prepared by Bax 7 February 2022
Engineering
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188-002-201 B Earthworks Sections prepared by Bax 7 February 2022
Engineering
188-002-300 B Grading & Drainage Layout Plan (as 7 February 2022
annotated by Council) prepared by Bax
Engineering
188-002-301 B Pavement Layout Plan prepared by Bax 7 February 2022
Engineering
188-002-302 B Sign & Line Marking Layout Plan prepared 7 February 2022
by Bax Engineering
188-002-401 B Drainage Longitudinal Section prepared by 7 February 2022
Bax Engineering
- - Arborist Tree Assessment Report by 27 April 2022
Arboriculture Contractors Australia Pty Ltd
1622_L01- C Landscape Notes & Schedules prepared by 20 November
01_C Blackburn Jackson 2023
(Annotated by Council)
1622_L03- C Landscape Planting Plans prepared by 20 November
01_C Blackburn Jackson 2023
(Annotated by Council)
1622_L07- 01 Landscape Details, prepared by Blackburn 19 May 2022
01_01 Jackson
CURRENCY PERIOD
46. Deleted
PRIOR TO COMMENCEMENT OF WORKS
Engineering
47. 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.
48. A condition report including photographs of the frontage of the site must be completed and
submitted to council at the prestart meeting / prior to any works commencing.
49. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
50. 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 6500. The
pre-start meeting must include the relevant parties for the following aspects of the works:
a. Civil engineering works;
b. Landscape works;
c. Erosion and sediment control works;
d. Other relevant parties
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51. 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.
52. 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
53. 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.
54. 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.
55. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice
b. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines
c. 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
56. 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
57. Safe vehicle and 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.
58. 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.
59. 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
60. All pathways must be constructed in accordance with the following requirements:
a. All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065.
b. Provision must be made for disabled access at all kerb crossings associated with
pathways, in accordance with Council's current standards.
c. All paths must have a slip resistant surface
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d. Expansion and contraction joints must provide a flush finish. Installation of joints by
saw cutting is preferred to ensure a smooth ride for cyclists
e. 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
61. Pathways must:
a. terminate in a manner that ensures smooth transition to existing surfaces for public
safety
b. 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
62. The driveway crossover must be constructed generally in accordance with Council’s
Standard Drawing RS-051 and any associated addendum.
63. 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.
64. The following must be complied with during the construction of the required
crossover/driveway:
a. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete.
b. The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties
c. Underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway
d. 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
e. 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.
Stormwater Drainage
65. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
66. 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).
67. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
68. Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
Regulation 2019) 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. These
measures must be designed, implemented and maintained in accordance with “Best Practice
Erosion and Sediment Control” published by the International Erosion Control Association
(Australasian Chapter) (IECA, 2008), to the extent that such measures and practices are also
consistent with the following:
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a. Minimise Erosion
i. For areas of the site which drain to a sediment basin, implement drainage and
erosion control measures prior to rainfall which prevent or minimise rill erosion
and gully erosion
ii. For areas of the site which do not drain to a sediment basin, implement drainage
and erosion control measures prior to rainfall (including contingency measures)
which prevent or minimise erosion, including rain drop erosion, chemical erosion,
rill erosion and gully erosion
iii. 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. 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.
b. Manage concentrated stormwater flows
i. Prior to each rainfall event ensure concentrated stormwater flow paths are
provided with capacity in accordance with IECA (2008) Table 4.3.1 and are
structurally stable in all rainfall events for the following sources:
(a) From stormwater catchments upslope of the area of disturbance
which are either stable or external to the site, ensure stormwater is diverted
or managed either:
i. around the site or through the site without causing erosion and
without contaminating the flow; or
ii. if it is impractical to convey the flows around or through the site,
convey the flows into appropriately sized sediment basins without
causing erosion
(b) From all disturbed areas of the site to sediment basin(s) without causing
erosion
c. Minimise sediment released from the site
i. Install and maintain additional sediment control measures within the site, as
necessary to maximise sediment capture.
ii. Minimise the tracking of material from the site onto roadways. Ensure that all
material on roadways caused by vehicles leaving the site is removed without
causing water contamination, prior to rainfall and at least at the end of each work
day.
69. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system, natural waterways, any downstream stormwater filtration
system or adversely impacting on other properties. The sediment and erosion control design
and measures have NOT been approved, it is the site's Supervising Engineer who is
responsible for ensuring that the sediment and erosion control measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods,
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods,
c. Been revised to address predicted rainfall events, and
d. Achieve the desired environmental outcomes.
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Council may request further controls to be installed should the implemented measures be
found inefficient.
70. Drainage paths must be regularly inspected to ensure the sediment fences/measures are not
being bypassed as a result of sediment build up. Sediment laden runoff must be prevented
from leaving the subject site and entering neighbouring properties and/or stormwater
systems.
71. Soil exposure must be limited on the site to a distance of no more than 2m beyond the extent
of earthworks shown on the approved plans except where the exposed soil is effectively
stabilised without delay and prior to rainfall occurring.
72. A log book for the Erosion and Sediment Control measures and inspections must be
maintained by the site manager and made readily available to Council when requested. The
supervising engineer must verify and endorsed the E&SC measures upon their installation,
and periodically check these measures and the log book during construction and the
stabilisation stages. Any defects in erosion and sediment control devices, such as sediment
fences, are to be inspected and documented. Upon Inspection, the contractor is to determine
whether the device should be replaced or repaired. Documentation is to include how the
damage was caused and what measures can be implemented to reduce the possibility of
repeat occurrences. Any damage to either permanent or temporary water quality control
structures or devices is to be immediately rectified at the contractor’s expense.
The effectiveness of the erosion and sediment control devices must be monitored. All ESC
measures are to be inspected:
a. at least daily (when work is occurring on site) or weekly (when work is not occurring on
site); or
b. within 24 hours of expected rain; or
c. within 18 hours of a rainfall event (i.e. an event of sufficient intensity and duration to
mobilise sediment on site).
Landscape
73. Landscape works must be undertaken in accordance with this Decision Notice.
74. 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.
Damage to Services and Assets
75. 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.
FOLLOWING CONSTRUCTION / PRIOR TO THE COMMENCMENT OF THE USE
Certification
76. 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.
Bonds
77. Bonds must:
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a. meet the requirements of council’s relevant Planning Scheme Policy for performance
and uncompleted works.
b. be calculated using a schedule of works and relevant bond equation
c. have approval of the bond calculations and amount from Council prior to lodgement
d. be requested for release by writing to Council, when relevant approval requirements
have been met.
As Constructed Plans and ADAC XML Files (Council)
79. Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory
“As-Constructed” records must be submitted to Council. The bundle of “As Constructed”
information shall include:
a. As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing
file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the
accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
b. ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed)
prepared in accordance with industry standards and recorded in “MGA - UTM56 /
GDA94” projection.
Please Note: Further information and advice relating to the as-constructed
drawing presentation, as-constructed survey capture and associated guidelines
for preparation of a compliant ADAC XML digital file are available on the webpage
titled “As Constructed Guidelines” and accessible at the Noosa Council Website:
Planning & Development / Development Tools & Guidelines / As-Constructed
Guidelines.
c. The “As-Constructed” drawings will require certification by a:
i. Qualified experienced Civil Engineer (RPEQ) confirming design intent and
conformance with applicable standards and specifications, along with the
relevant descriptions of assets, services and structures and;
ii. Licensed Surveyor in regard to the cadastral and locational information, levels
and applicable survey datum.
d. The data must be in accordance with Council’s “Planning Scheme Policy 6 –
Engineering Design Standards”, and fully detail the levels for all engineering works
including but not limited to the drainage network and structures, finished ground and
pavement surface levels.
On Maintenance
80. All municipal works must be accepted ‘On Maintenance’ by Council in accordance
with Council’s relevant Planning Scheme Policy prior to the commencement of the
use. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
a. certification that all works have been undertaken and completed in accordance with the
requirements of this Permit
b. as Constructed details in accordance with Council’s Planning Scheme Policy
c. maintenance and operational manuals for all proprietary or site specific devices
Off Maintenance
81. Prior to requesting an Off Maintenance inspection the developer must provide a written
request for the Off Maintenance inspection.
82. A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged
where:
a. a Council inspection reveals works do not comply with approval requirements
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b. submitted certification falsely states works comply with approval requirements.
83. A final inspection and approval of the new works and any completed reinstatement works by
Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the
inspection.
5. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Concurrence SARA at DILGP SARA Schedule 10, Part 4, The agency provided its
at DILGP Via MyDAS2 Division 3, Table 1, Item response on 20
at http://prod2.dev- 1 (10.4.3.1.1) - January 2022
assess.qld.gov.au/suite Contaminated land (Reference No. 2201-
/ (for assistance, (unexploded ordnance) 26787 SRA). A copy of
contact DILGP at 5352 (Planning Regulation the response is
9702 or 2017) attached
email:[email protected] )
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
General Advisory Notes
1. 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.
2. 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.
3. 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 Planning Act
2016 must be made. Amended plans clearly indicating the changes must be lodged with this
application along with the appropriate fees.
Building and Construction Industry (Portable Long Service Leave) Levy
4. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Preparation of a Preliminary Construction Management Plan
5. A Construction Management Plan must be submitted to Council at least 5 business days
prior to the pre-start meeting. The plan must address the following:
c. traffic management during all aspects of the construction phase including:
iii. 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
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iv. maintenance of safe pedestrian access for the areas affected by the works during
and after daily construction has ceased
v. proposed fencing to the site during the construction phase of the development
vi. approval of the Traffic Management Control Plan by the Department of Transport
and Main Roads (DTMR) for any works on State controlled roads
vii. provision for worker car parking
d. maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures
e. works programme identifying key components of the works and their respective
durations
f. 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.
g. Include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details.
h. 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.
i. identification of complaint management procedures including:
viii. contact details for the on-site manager
ix. dispute resolution procedures
j. details on the location of external fill/dump sites/sources, the haulage route, type of
vehicle to be utilised during filling operations and frequency of usage. NB any damage
to the existing road system as a result of haulage operations shall be fully repaired at
the applicant’s expense
Private Infrastructure
6. All private infrastructure for the development must be designed to meet the planning scheme
requirements unless otherwise agreed by the relevant authority
Prestart, On and Off Maintenance Inspections Request
7. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days notice of preferred inspection time.
8. 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.
9. 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
10. 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
11. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control
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12. Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
Engineer of Queensland (RPEQ).
13. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the final inspection:
k. 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; and
l. Stormwater runoff from the site is not currently, and is not likely to result in visible
evidence of sedimentation or erosion, or lead to water contamination.
Landscaping
14. For the purpose of preparing a Landscape Plan, a qualified person is considered to be a
landscape architect, landscape designer and/or horticulturist with a minimum of 3 years
current experience in the field of landscape design.
15. Public amenity trees are defined as any tree located within public streets, parks or areas that
will become publically owned as a result of this development.
Aboriginal Cultural Heritage Act 2003
16. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
17. 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:
m. the Disability Discrimination Act 1992 (Commonwealth);
n. the Anti-Discrimination Act 1991 (Queensland); and
o. the Disability (Access to Premises – Buildings) Standards.
Advertising Devices
18. All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
(Administration) 2015 including both temporary and permanent signage. All freestanding,
pylon or pole signs or signage that is illuminated requires approval from Council prior to being
installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
prohibited from being erected in the Shire.
Development Compliance Inspection
19. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
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Resubmission of Amended Plans Required
20. The conditions of this Decision Notice require resubmission of plan/s to Council with
amendments. Please address the amended plan/s to Council’s Development Assessment
Branch with the Reference No. MCU21/0228 and OPW21/0364.
Infrastructure Charges
21. 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
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
10. SUBMISSIONS
Not applicable.
11. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Georgina Schramm
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 29 March 2022.
• Negotiated Decision Notice – 18 August 2022, with amendment to conditions 1, 3, 5, 15, 16, 19, 24, 30, 46, 56 & 79 and delete
conditions 2, 22, 23, 25, 26, 27 & 47.
• Decision Notice - Minor – MCU21/0228.01 – 19 February 2024, with an amendment to conditions 1 & 46.
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (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 –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (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
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of 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
(2) The notice of appeal must be accompanied by the required fee.
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Used in these records
Decision Notice - Minor Change - MCU21 0228 01 & OPW21 0364 01 [As Published].pdfRelated documentApplication case desk ↗
Attachment D - Decision Notice - Minor Change - MCU21 0228 01 & OPW21 0364 01.pdfRelated documentApplication case desk ↗
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