Council archive · source document
Minor Change Existing Approval MCU23/0094 01 [AS PUBLISHED] · MCU23/0094.01
Officer: Georgina Schramm
Direct Telephone: 07 53296569
Our Reference: MCU23/0094.01, OPW23/0113.01& RAL23/0014.01
Your Reference: 0479
17 September 2024
Capital Prudential
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 13 August 2024, requesting a minor change to an existing
development approval. Council on 11 September 2024, decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU23/0094.01, OPW23/0113.01 & RAL23/0014.01
Street address: 79 – 83 Eumundi Noosa Road & 26 Headland Drive Noosaville QLD
4566
Real property description: Lot 75 – 77 RP 71151 & Lot 3 SP 208257
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 10 May 2024.
• Development Permit for Material Change of Use of Premises - Multiple Dwelling (38 units -
36 small dwellings, 2 dwellings greater than 100m2)
• Development Permit for Reconfiguring a Lot – Subdivision by Community Title (4 lots into
38 lots)
• Development Permit for Operational Works – Roadwork, Vegetation Clearing, Earthworks,
Landscaping, Drainage, and Stormwater
In relation to the request to make a minor change to the existing approval, Council on 11 September
2024, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend conditions 46 & 47.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (MCU23/0094)
When Conditions Must Be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Currency Period
2. This development approval lapses if the use has not happened by 13 May 2030, unless an
application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table/s below.
The plans must be amended to incorporate the amendments listed within the table below
and resubmitted to Council prior to the issue of any Development Permit for Building Works*
Plan No. Rev. Plan/Document Name Date
WD0.05 AA Site Plan prepared by Blackwood Architecture & 10.04.2024
Design
WD0.06 AA Site Plan – Ground Level prepared by Blackwood 10.04.2024
Architecture & Design
WD0.07 V Site Plan – Upper Level prepared by Blackwood 10.04.2024
Architecture & Design
WD0.08 U Site Plan – Roof prepared by Blackwood 10.04.2024
Architecture & Design
WD0.09 S Site – Elevations prepared by Blackwood 10.04.2024
Architecture & Design
WD.0.10 S Site – Internal Elevations / Sections prepared by 10.04.2024
Blackwood Architecture & Design
WD.1.03 S B1 Roof Plan prepared by Blackwood Architecture 10.04.2024
& Design
WD.1.07 S B1 Sections prepared by Blackwood Architecture 10.04.2024
& Design
WD.2.03 S B2 Roof Plan prepared by Blackwood Architecture 10.04.2024
& Design
WD.3.01 T B3 – General Arrangement Plans prepared by 10.04.2024
Blackwood Architecture & Design
WD.3.03 S B3 – Roof Plan prepared by Blackwood 10.04.2024
Architecture & Design
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WD.3.06 S B3 – Elevations prepared by Blackwood 10.04.2024
Architecture & Design
WD.3.07 S B3 – Sections prepared by Blackwood 10.04.2024
Architecture & Design
WD.4.01 T B4 – General Arrangement Plans prepared by 10.04.2024
Blackwood Architecture & Design
WD.4.03 S B4 – Roof Plan prepared by Blackwood 10.04.2024
Architecture & Design
WD.4.06 S B4 – Elevations prepared by Blackwood 10.04.2024
Architecture & Design
WD.4.07 S B4 – Sections prepared by Blackwood 10.04.2024
Architecture & Design
WD.5.01 T B5 – General Arrangement Plans prepared by 10.04.2024
Blackwood Architecture & Design
WD.5.03 S B5 – Roof Plan prepared by Blackwood 10.04.2024
Architecture & Design
WD.5.06 S B5 – Elevations prepared by Blackwood 10.04.2024
Architecture & Design
WD.5.07 S B5 – Sections prepared by Blackwood 10.04.2024
Architecture & Design
WD.6.03 S B6 – Roof Plan prepared by Blackwood 10.04.2024
Architecture & Design
WD.7.01 U B7 – General Arrangement Plan prepared by 10.04.2024
Blackwood Architecture & Design
WD.7.04 S B7 – Roof Plan prepared by Blackwood 10.04.2024
Architecture & Design
WD.1.19 Landscape prepared by Blackwood Architecture & 10.04.2024
Design
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
WD.1.01 T B1 General Arrangement Plans prepared by 10.04.2024
Blackwood Architecture & Design
WD.1.06 S B1 Elevations prepared by Blackwood 10.04.2024
Architecture & Design
WD.2.01 T B2 General Arrangement Plans prepared by 10.04.2024
Blackwood Architecture & Design
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WD.2.06 S B2 Elevations prepared by Blackwood 10.04.2024
Architecture & Design
WD.2.07 S B2 Sections prepared by Blackwood Architecture 10.04.2024
& Design
WD.6.01 T B6 – General Arrangement Plans prepared by 10.04.2024
Blackwood Architecture & Design
WD.6.06 S B6 – Elevations prepared by Blackwood 10.04.2024
Architecture & Design
WD.6.07 S B6 – Sections prepared by Blackwood 10.04.2024
Architecture & Design
WD.7.02 S B7 – General Arrangement Plan prepared by 10.04.2024
Blackwood Architecture & Design
WD.7.07 S B7 – Elevations prepared by Blackwood 10.04.2024
Architecture & Design
WD.7.08 S B7 – Sections prepared by Blackwood 10.04.2024
Architecture & Design
Amendments The Upper Level “drying court” (as detailed on the upper level of Units
205-208, 603, 604 & 706-708) are to have an appearance of an upper
level terrace, with the clothesline screened from the streetscape. In this
regard, the clothesline is to be relocated to the northern wall of the
terrace with the clothesline screened to 1 metre, with the remaining
portion (~2 metres) of the area an open terrace.
These areas are to be redesigned to not contribute to gross floor area as
per the administrative term of the Noosa Plan 2020.
WD1.22 A External Colour Comparison prepared by 10.04.2024
Blackwood Architecture & Design
Amendments Introduce an additional colour to the external building façade with a deep,
stronger colour tone to highlight individual dwellings and adding visual
interest to the street and surrounds.
Nature and Extent of Approved Use
4. The approved development consists of Multiple dwelling (38 units – 36 small dwellings, 2
dwellings greater than 100m2).
Note: A small dwelling is defined in accordance with administrative term of the Noosa Plan
2020 (v. 1 – 25 September 2020).
Built Form and Development Appearance
5. Multiple Dwelling units 701-704, 101-102,105, 201-204, 209 and 501 are to have:
a. accessible by a safe, continuous and step free path of travel from the street entrance
of the property or from a car parking space;
b. has a step-free entrance door with opening width of at least 820 millimetres; and
c. contains a bathroom on the entry level.
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6. 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.
7. All units where adjoining an external residential allotment are to screen and batten air
conditioning units to assist with noise mitigation.
8. 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.
9. The approved colour palette of the development is to include an additional deep, stronger
colour tone to highlight individual dwellings and add visual interest to the street and
surrounds.
Building Height
10. The maximum height of the development must not exceed 8 metres above the natural and
finished ground levels.
11. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
buildings do not exceed the maximum height requirement of this Decision Notice.
Performance Bond
12. Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to 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.
Protection of Privacy
13. Screening devices for the upper terraces of Units 705-706 must be provided as indicated on
the approved plans and where necessary to meet privacy conditions of this Decision Notice.
14. This condition has been intentionally left blank.
15. To ensure privacy is protected between adjoining properties to the north, east and south,
105, 209, 304, 705-706, 501, 603 must:
a. provide screening devices to upper level balconies; and/or
b. have a minimum window sill height or 1.7 metres above floor level; and/or
c. be fitted with translucent glazing; and/or
d. be fitted with fixed external screens.
Street Identification
16. The street address of the development from Eumundi Noosa Road and Headland Drive 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.
Fencing and Walls
17. The maximum height any fences adjoining a residential use must not exceed 2.0m above
the natural ground level at any point. Unless is required to satisfy the acoustic condition of
this notice and accepted as generally in accordance by Council.
18. Street fencing must be provided generally as shown on the Approved Plans, and not exceed
1.8 metres in height along Eumundi Noosa Road.
19. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
20. Deleted.
21. A privacy fence must be constructed to the full length of the development’s boundaries.
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22. The fence and any associated retaining walls along the boundary adjoining Lots 1 & 2
SP208257, Lot 75 RP71151 & Lot 49 SP298783 must be constructed to prevent nuisance
from car head lights and be acoustically constructed to limit the transfer of noise. Written
certification must be provided to Council confirming the acoustic treatments have been
incorporated prior to the sealing of the survey plan.
Clothes Drying Areas
23. Each dwelling must be provided with access to an outdoor clothesline which is screened from
public view (external to the development site) and where achievable, internal to the
development.
24. The notated “drying court” as shown on the Ground Level Plans of Units 101, 102, 105 &
701-704, are not to be enclosed. The outer side of each “drying court” is to achieve a
minimum of 50% transparent screening.
25. Deleted.
Community Management Statement
26. 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.
27. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice and, in particular, must include the following
additional clauses:
a. The site includes a stormwater management and water quality treatment system.
b. The stormwater management and water quality treatment system must be maintained
in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater
Assets (Version 1).
c. The full cost of maintaining the system in accordance with the Water by Design (2009)
Maintaining Vegetated Stormwater Assets (Version 1) must be included in the
proposed levies for each dwelling owner/body corporate.
d. All service vehicles are to access the site from Eumundi Noosa Road only. Waste must
be serviced in accordance with Reference Plan 33132.OW5.1-A (vehicle turning
plans), the refuse bin area is to be located to allow for servicing internal to the
development site.
Landscaping Works
28. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. the works shown on the referenced landscape plans;
b. vegetated screening of any electrical transformers, bin storage areas and the like from
the road frontage
c. provision of 1 street tree within the road reserve for every 8 metres of road frontage
29. 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.
Fauna Management
30. Vegetation must only be removed or disturbed in accordance with a Fauna Management
Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational
Works approval.
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*(Refer to Advisory Note)
Noise
31. Written certification is required from a suitably qualified person confirming that sound
pressure levels from all mechanical plant and equipment comply with the following:
a. Air-conditioning and Refrigeration
i. 7am to 10pm: Maximum level allowable = background + 5dB(A)
ii. 10pm to 7am: Maximum level allowable = background + 3dB(A)
b. Pumps, Service Room
i. 7am to 7pm: Maximum level allowable = background + 5dB(A)
ii. 7pm to 10pm: Maximum level allowable = background + 3dB(A)
iii. 10pm to 7am: No audible noise.
32. The certification must be submitted to Council, which certifies that operational noise from any
fixed plant and equipment complies and with the requirements of this Decision Notice.
Waste Storage
33. The refuse areas must be of muted environmental tones to reduce the visual impact of the
infrastructure in the streetscape and suitably screened by landscaping where viewed from
the street.
34. The development must use muted environmental colour tones that blend with the natural
environment.
35. 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. A bin wash area is required with a cold-water tap, hose
and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to
prevent storm water entry to the sewerage system.
36. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
External Works
37. Eumundi Noosa Road and Headland Drive must be upgraded for the length of their frontage
to the subject site. The works must include in particular:
a. Extension to the central medians on Eumundi Noosa Road and Headland Drive to
prohibit right-turn movements into and out of the development. The works are to retain
the existing widths of through lanes, cycle lanes, shoulders and on-street parking.
b. Construction of a pedestrian footpath in accordance with the conditions of this Decision
Notice.
c. Removal of the existing property accesses 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 37 (a) and (c) is imposed pursuant to s145 of the Planning Act 2016 being non-
trunk infrastructure.
Condition 37 (b) is imposed pursuant to s128 of the Planning Act 2016 being trunk
infrastructure.
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Site Access and Driveways
38. A sealed access driveway must be provided from Eumundi Noosa Road and Headland Drive
to all parking and manoeuvring areas of the development. The works must be undertaken in
accordance Council Standard Drawing RS-051.
Car Parking
39. A minimum of 50 car parking spaces must be provided and marked on the site. The works
must be undertaken in accordance with an Operational Works approval and must include in
particular:
a. A minimum of 40 covered parking spaces within the total;
b. 10 visitor parking spaces within the total, which are clearly marked for that purpose and
accessible at all times for visitor use;
c. 1 disabled parking space/s within the total;
d. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
40. 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.
Pedestrian and Bicycle Facilities
41. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in particular:
a. a 3 metre wide footpath within the road verge for the entire length of the site’s frontage
to Eumundi Noosa Road;
b. the resealing of the existing asphalt path fronting the development.
Condition 41 is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk
infrastructure identified by Council’s LGIP to service the development.
Stormwater Drainage
42. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with an Operational Works approval
and the Queensland Urban Drainage Manual.
Condition 42 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Stormwater Quality Management
43. A stormwater quality treatment system must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and the Bioretention
Technical Design Guidelines (Water by Design, 2014), and must include in particular:
(a) stormwater quality treatment devices of a size and location generally in
accordance with those shown in the approved plans listed in this Decision Notice
(b) bioretention devices which:
(i) are designed generally in accordance with IPWEAQ Standard Drawing
No.s DS-073, DS-075 and DS-076
(ii) are provided with a free-draining outlet from the sub-soil drainage system
44. The development shall be provided with approved permanent signage to educate the
residents on the function of the bioretention basin. The wording for the signage for each
bioretention basin is to include: “BIORETENTION BASIN - This bioretention basin reduces
the pollution of our waterways by reducing the amount of heavy metals, litter, suspended
solids, and nutrients discharged to the Noosa River”.
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45. All stormwater quality treatment devices must be maintained in accordance with the Water
by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The approved
Operational Works drawings for the stormwater quality treatment system and detailed life
cycle costing of the system must be attached as an addendum to this document. Records of
all maintenance activities undertaken must be kept and made available to Council upon
request.
Roofwater Capture and Reuse
46. In conjunction with the development application for Building Works, the hydraulic design of
the roofwater drainage system for buildings 5, 6 and 7 is to be piped to the roofwater storage
tanks nominated on drawing 33132-SW1.1 Rev E by SCG Consulting Engineers. The
roofwater system is to be designed to convey the 1%AEP event of critical duration, with a
20% increase in rainfall intensity to account for future climate change.
47. A total of 32kL of roofwater storage is to be provided for the development as shown on
drawing 33132-SW1.1 Rev E by SCG Consulting. The roofwater is to be plumbed for reuse
to the following non-potable fixtures, with the detail provided with the hydraulic design
submitted in conjunction with the development application for Building Works:
• Communal landscape irrigation
• Bin wash down
48. Certification must be submitted to Council from a qualified person which certifies that the
roofwater harvesting tanks and associated reticulation have been installed in accordance
with the requirements of this Decision Notice.
Services
49. Reticulated electricity and telecommunication services must be provided to each unit in
accordance with the standards and requirements of the relevant service provider.
50. 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.
51. 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.
Easements
52. 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.
53. 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.
54. 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
55. All earthworks and associated structures/batters must be contained entirely within the subject
site unless written permission from the respective landowner(s) is provided to Council.
56. All earthworks must be undertaken in accordance with the provisions of Australian Standard
AS3798: Guidelines on Earthworks for Commercial and Residential Developments, Building
Code requirements and Noosa Plan 2020.
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57. 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.
58. All retaining walls must be designed and constructed in accordance with the Noosa Plan
2020 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
59. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. Where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. Where otherwise, upon completion of the works associated with the development.
c. Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.
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DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (RAL23/0014)
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision Notice must be
completed prior to submission of the subdivision plan to Council for compliance assessment
Currency Period
2. This development approval lapses if the requirements of the conditions have not been
completed and an application for plan seal is not lodged with Council by 13 May 2030 unless
an application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table/s below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Building Works*
Plan No. Rev. Plan/Document Name Date
- - - -
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
WD.1.21 A Reconfiguration Plan prepared by 10.04.2024
Blackwood Architects & Design
Amendments Provide additional details on the plan, including:
• Proposed Lot numbers;
• Common property areas;
• Any required easements; and
• Dimensions of Lots.
*(Refer to Advisory Note)
4. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
Boundary Encroachments
5. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that:
a. all constructed access and roadworks (including associated fill batters and retaining
walls) are fully contained within a dedicated reserve or registered easement.
b. all utility services and connections (eg. electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included within
an easement.
c. all dams (including ponded water, dam walls and associated spillway structures) are
wholly located within the boundaries of a single lot.
d. all retaining walls and structures are fully contained within the lot they retain unless
otherwise required by condition.
e. any fill, including fill batters, are wholly contained within the subject site and not on
adjacent properties.
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f. for the community title scheme, the road pavement changes required by this Decision
Notice accurately demarcate the boundaries of the public and private land.
Water & Sewer Connections
6. An underground connection to reticulated water and sewerage must be provided to each
Multiple Dwelling 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 each Multiple Dwelling.
Services
7. Underground reticulated electricity and telecommunication services must be provided to
each lot in accordance with an approval for Operational Works and the standards and
requirements of the relevant service provider.
8. 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.
9. Certification must be submitted to Council from all relevant service providers (Energex, NBN)
which certifies that the development has met the requirements of this Decision Notice and
all applicable legislation at the time of construction.
Community Management Statement
10. 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.
11. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice and, in particular, must include the following
additional clauses:
a. The site includes a stormwater management and water quality treatment system.
b. The stormwater management and water quality treatment system must be maintained
in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater
Assets (Version 1).
c. The full cost of maintaining the system in accordance with the Water by Design (2009)
Maintaining Vegetated Stormwater Assets (Version 1) must be included in the
proposed levies for each dwelling owner/body corporate.
d. All service vehicles are to access the site from Eumundi Noosa Road only. Waste must
be serviced in accordance with Reference Plan 33132.OW5.1-A, the refuse bin area is
to be located to allow for servicing internal to the development site.
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DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (OPW23/0113)
(Road work, Earthworks, Signage, Vegetation Clearing, Landscaping, Drainage &
Stormwater)
APPROVED PLANS
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
33132-OW3.1 C Earthworks Plan prepared by SCG 18.03.2024
Consulting Engineers
33132-OW3.2 C Earthworks Sections prepared by SCG 12.03.2024
Consulting Engineers
33132-OW4.1 D Driveway & Access Plan prepared by SCG 18.03.2024
Consulting Engineers
33132-OW4.2 D Driveway Levels prepared by SCG 18.03.2024
Consulting Engineers
33132-OW6.1 D Frontage Works: Eumundi Road prepared by 12.03.2024
SCG Consulting Engineers
33132-OW6.2 A Frontage Works: Headland Drive prepared 29.09.2023
by SCG Consulting Engineers
33132-SW1.1 E Stormwater Management Plan prepared by 18.03.2024
SCG Consulting Engineers
33132-SW1.2 C Stormwater Details 5.12.2023
33132-SW1.3 C Stormwater Details 19.01.2024
33132-SW1.4 D SW Pipe Long Sections prepared by SCG 18.03.2024
Consulting Engineers
33132-SW1.5 B Bio Retention Layout Plan 8.04.2024
ED 23141 OPW-01 G Sheet Layout Plan prepared by Element 11.02.2024
Design
ED 23141 OPW-02 G Planting Plan prepared by Element Design 11.02.2024
ED 23141 OPW-03 G Planting Plan prepared by Element Design 11.02.2024
ED 23141 OPW-04 G Planting Plan prepared by Element Design 11.02.2024
ED 23141 OPW-05 G Planting Plan prepared by Element Design 11.02.2024
ED 23141 OPW-06 G Planting Plan prepared by Element Design 11.02.2024
ED 23141 OPW-07 G Details Plan prepared by Element Design 11.02.2024
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ED 23141 OPW-08 G Plant List prepared by Element Design 11.02.2024
ED 23141 OPW-09 G Specification prepared by Element Design 11.02.2024
Arborist Report - Arborist Report, prepared by, Australian Tree 13.09.2023
Contractors & Aboricultural Consultants
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 13 May 2030, unless an application to extend the currency period is
approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
3. Deleted.
4. Submit amended plans to Council as described in the List of plans requiring amendments.
Plans must be submitted and approved prior to the pre-start meeting.
5. 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.
6. 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.
7. A condition report including photographs of the frontage of the site must be completed and
submitted to council at the prestart meeting.
8. A condition report of the drainage system must be completed for agreement at the prestart
meeting. The report is to confirm that the capacity of the network is consistent with the
capacity assumed in the Stormwater Management Plan Rev D (prepared by SCG Consulting
Engineers, dated 12/3/24). The report is to include a CCTV inspection of the existing pipe
and must include at least 50m upstream and downstream of all works.
9. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
10. Prior to requesting a prestart meeting:
a. Receipt of amended plans approval.
b. Receipt of Fauna management plan.
c. Tree protection fencing must be installed under the supervision of the qualified person*.
(Refer to Advisory Note)
11. 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. Erosion and sediment control works;
c. Arboreal works.
d. Fauna management works.
e. Other relevant parties
12. A Construction Management Plan must be submitted to Council prior to the pre-start meeting
and must specifically address the following:
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a. Traffic Management during all aspects of the construct phase including:
i. 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.
ii. Maintenance of safe pedestrian access across the frontage of the site both during
daily construction and after daily construction has ceased.
iii. Proposed fencing to the site during the construction phase of the development.
iv. Adequate parking arrangements for construction workers. Note that
Construction Vehicle Parking within the Eumundi Noosa Road Reserve is
unlikely to be supported due to traffic safety and damages to Council and
Department of Transport and Main Roads Property. Any off-site parking
proposal must provide owner’s consent and maintain adequate traffic and
pedestrian safety.
v. No queuing of trucks is permitted on residential streets, especially prior to
7.00am. Further parked trucks must have engines turned off.
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 and 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
h. 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 shall be fully repaired at the applicant’s expense.
13. 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.
14. 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
15. 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.
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16. 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.
17. 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
Roadworks (External Roadworks & Road Widening Works)
18. All pavement widening or construction of new pavement must join neatly to the existing
pavement so that there are no irregularities in line or level resulting at or adjacent to the join
for the length of the construction. Where necessary the existing pavement must be brought
to a satisfactory standard to allow for the above.
19. The installation and/or modification of any traffic signs, street signs, line marking and Raised
Reflective Pavement Markings (RRPMs) must be in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD). New or relocated signage must be installed using the VLok
installation system. All new signage must be Class 1 retroreflective material in accordance
with AS 1906.1, Retroreflective materials and devices for road traffic control purposes – Part
1: Retroreflective sheeting.
20. The developer must notify Council’s Traffic Engineer for any works involving the removal or
modification of existing council traffic signs and/or parking bays prior to such works
commencing.
21. Root barriers are required to be installed behind the back of kerb for all new kerbs within 5m
of a trunk of a tree.
Works within Road Reserve/Reinstatement
22. Safe pedestrian and vehicle 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.
23. 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.
24. 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
25. 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.
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.
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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.
26. 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
27. Driveway crossovers must be constructed in accordance with council’s Standard Drawings
RS-051.
28. 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.
29. 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.
Earthworks and Retaining Walls
30. 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 the Standard. 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 prior to Council signing the Plan of Survey.
31. Safety Fencing must be provided to retaining walls that are over 1m high.
32. Slope and batters are a maximum grade of:
a. 1 in 6 where in proximity to waterbodies
b. 1 in 4 for grassed areas.
c. 1 in 3 for planted areas.
d. 1 in 2 for combined structural engineering and planting solutions.
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Vegetation Clearing
General
33. Where damage occurs to any Council asset as a result of the development works, it must be
repaired immediately where it creates a hazard that presents risk to person or property. Other
damage must be repaired prior to completion of works.
34. 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. The relevant conditions of the higher order Material Change of Use approval viz
MCU23/0094 to which this approval relates.
c. All relevant Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.
d. The latest version of Water Sensitive Urban Design Technical Design Guidelines for
South East Queensland (Healthy Waterways) for all water quality devices to be
constructed on site.
Retention of Existing Trees and Vegetation
35. All trees and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.
36. A qualified person * must be engaged for the duration of the works to:
a. Ensure works are carried out in accordance with the approved Arborist Report
b. Oversee installation of all tree protection fencing prior to commencement of any works
onsite (including any clearing).
c. Supervise tree protection within the development site and frontages, prior to, during
and following construction in accordance with AS 4970, Protection of trees on
development sites.
d. Supervise and undertake necessary tree protection for all trees affected by the
development on neighbouring Lots. This includes tree identified in the approved
arborist report as outside project scope within the neighbouring properties east of the
development site. Where trees within neighbouring properties are found to be unsafe
due to works relating to this development approval, the developer is solely responsible
for the removal and replacement of these trees.
e. Oversee approved tree removal in proximity to retained trees.
f. Undertake a risk assessment of all trees on neighbouring properties affected by the
development within striking distance of the development works and site and carry out
hazard removal and amenity pruning in accordance with AS 4373, Pruning of amenity
trees.
*(Refer to Advisory Note)
Fauna Management
37. A qualified person* must be engaged to manage fauna in accordance with a fauna
management plan submitted prior to a prestart meeting. The fauna management plan must
include the following:
a. Ensure works are carried out in accordance the Nature Conservation Act 1992.
b. Undertake pre-clearing inspections including fauna relocation and removal or blocking
of all vacant hollows.
c. Co-ordinate staging and sequence of clearing with fauna protection.
d. Protect and recover fauna during clearing operations.
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e. Manage the translocation of animals and recovery procedures in accordance with
relevant legislation.
f. Undertake protection works for mulching of any stockpiled vegetation.
*(Refer to Advisory Note)
Removal of Existing Trees and Vegetation
38. Removal of existing trees and vegetation must be undertaken by a qualified person* and
must include:
a. Stump grinding to below finished surface level.
b. Rectification to the finished surface levels and materials.
c. No damage to other vegetation for retention.
d. Legal disposal of all removed vegetation and debris.
*(Refer to Advisory Note)
FOLLOWING CONSTRUCTION / PRIOR TO COMMENCEMENT OF THE USE
Certification
39. 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
40. Bonds must:
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. Include GST.
d. have approval of the bond calculations and amount from Council prior to lodgement
e. be lodged with Council and accompanied by the Bond Administration Fee/s.
f. be requested for release by writing to Council, when relevant approval requirements
have been met.
As Constructed Plans and ADAC XML Files (Council)
41. 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:
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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. Registered Cadastral Surveyor (Qld) 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.
e. Landscaping, including all assets and improvements within parks, open space and road
reserves areas are to be shown on an accompanying separate landscape plan
(prepared in .dwg file format with accompanying hardcopy PDFs) and include a
complaint ADAC XML file. Details of the landscaping and all associated assets and
improvements may be included in the ADAC XML digital file prepared for associated
civil infrastructure, or alternatively, be provided as a separate ADAC XML digital file
containing landscape and asset information only.
f. The building envelope data must be submitted in both hardcopy and digital format
(ADAC XML Digital File). ADAC - Asset Design As Constructed, is to be prepared in
accordance with industry standards and recorded in “MGA - UTM56 / GDA94”
projection.
On Maintenance
42. Prior to requesting an On Maintenance inspection, the following information package
(prepared by respective qualified persons* and certifying compliance with approvals) must
be submitted to Council:
a. Arborist Report documenting and certifying the findings and outcome of the arboreal
risk assessment.
b. Fauna Report documenting the findings and outcome of the fauna protection works
undertaken.
43. All municipal works must be accepted ‘On Maintenance’ by Council in accordance with
Council’s relevant Planning Scheme Policy prior to plan sealing. 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
44. Prior to requesting an Off Maintenance inspection the developer must provide a written
request for the Off Maintenance inspection.
45. 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
b. submitted certification falsely states works comply with approval requirements.
Landscaping Works
46. Landscape works must be supervised, undertaken and certified by qualified persons*. All
works must be completed in accordance with this Decision Notice. Updated landscape plans
must be resubmitted prior to a prestart meeting that include all changes approved as part of
the higher order MCU23/0094.
(* Refer to Advisory Note)
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47. Where damage occurs to any Council asset as a result of the development works, it must be
repaired immediately where it creates a hazard that presents risk to person or property. Other
damage must be repaired prior to completion of works.
48. Landscape works must:
a. Ensure amenity or sales signage and ancillary infrastructure is not installed within the
road reserve.
b. Ensure permanent irrigation is not installed within the road reserve.
c. Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of
foreign matter including anthropogenic waste, rock, soil/sediment contamination and is
applied to all planting areas to ensure a minimum 100mm depth once settled.
*(Refer to Advisory Notes)
49. Public amenity trees* must:
a. Meet AS 2302 – Tree Stock for landscape use.
b. Be located in accordance with engineering requirements for safe vehicle and
pedestrian sight lines.
c. Be located from services and infrastructure a minimum of:
i. 6m from electricity poles and pillars.
ii. 4m from street lighting.
iii. 2m from stormwater catchment pits.
iv. 2m from any adjoining driveway.
*(Refer to Advisory Note)
50. Turfed areas must be free of pest, diseases and weeds and level with adjoining surfaces.
51. Soil for landscaping must:
a. Provide for healthy and sustained site specific vegetation performance.
b. comply with AS 4419, Soils for landscaping and garden use.
On Maintenance
52. Maintenance periods* must be:
a. 12 months for Streetscape Landscape.
*(Refer to Advisory Note)
53. Prior to requesting an On Maintenance inspection, the following information package
(prepared by respective qualified persons* and certifying compliance with approvals) must
be submitted to Council:
a. All required bonds.
b. Landscaping certification.
c. Tree certification in accordance with AS 2302 – Tree Stock for landscape use
d. Arborist Report documenting and certifying the findings and outcome of the arboreal
risk assessment.
e. Fauna Report documenting the findings and outcome of the fauna protection works
undertaken.
f. Soil amelioration certification.
54. On Maintenance management includes:
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a. Establishing and maintaining the works in accordance with the intent and requirements
of all approvals.
b. To aesthetically compliment the surrounding local area.
55. Rectification of works failing ‘on ground’ to a solution that still meets approval intents.
a. Regular mowing, weeding and fertilising of grass areas.
b. Mulching, fertilising and aeration of garden areas.
c. Cleaning of all external surfaces including prompt removal of graffiti.
d. Replacement of dead or poorly performing plants.
56. Repair and replacements of damaged landscape infrastructure (furniture and fixtures).
Off Maintenance
57. Prior to requesting an Off Maintenance inspection the following must be provided:
a. Written request of bond release.
58. Off Maintenance Inspection must be requested:
a. By contacting Council.*
b. Only after lodgement of a completed Landscape Checklist and all other required
certification and documentation.
c. Only after all works are confirmed in good order including:
i. Remulching, fertilising and aeration of garden areas.
ii. Replacement of plant material.
iii. Removal of plant material impeding regulation sightlines.
*(Refer to Advisory Note)
Detention Tanks
59. Underground detention tanks are to be provided with the detention sizes and volumes and
outlet configurations as shown in the concept on drawing 33132-SW1.3 Rev E by SCG
Consulting. Certification is to be provided by the tank manufacturer prior to installation that
the tanks incorporate all features required by AS3500.3:2021 Section 7.10.2.
Bioretention Basins – Construction
60. During construction and establishment of the bioretention devices, the supervising RPEQ
must ensure that the device was constructed in accordance with the document Construction
and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by
Design, 2009) and that the forms contained in section 3.15 including the associated
supporting information and data are completed. These forms and certification from the RPEQ
that the device has been constructed in accordance with the Construction and Establishment
Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009), all
conditions of approval, and the approved engineering drawings must be submitted to Council
prior to commencement of use.
61. A construction hold point with a council delegate shall be established once the bioretention
device underdrainage pipe work is installed. At the time of inspection, a sample of the
drainage layer, transition layer, and filtration media materials must be stockpiled on-site.
Laboratory results must be provided for the filter media which demonstrate that the media
complies with the specifications contained in the latest version of the “Guidelines for Soil
Filter Media in Bioretention Systems” (produced by the Facility for Advancing Water
Biofiltration) and that the minimum hydraulic conductivity specified on the approved
engineering plans will be achieved. In addition laboratory results must be provided
demonstrating that the transition layer and drainage layer meet the following bridging criteria:
(a) D15 (drainage layer) ≤ 5 × D85 (transition layer)
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(b) D15 (transition layer) ≤ 5 × D85 (filter media)
The drainage layer, transition layer, and filtration media materials shall not be installed until
the catchment draining to the bioretention device has 70% groundcover as determined by
Council’s delegate.
62. Prior to issuing of a final compliance certificate, council must receive evidence that the results
for the in-situ hydraulic conductivity testing conducted in accordance with FAWB PRACTICE
NOTE 1: In Situ Measurement of Hydraulic Conductivity Belinda Hatt, Sebastien Le
Coustumer April 2008 for the bioretention filter media achieve the design criteria.
Erosion and Sediment Control
63. A ‘for construction’ Erosion and Sediment Control Plan (E&SCP) must be provided to
Council’s Delegate at least 2 weeks prior to the on-site pre-start meeting and prior to works
commencing. The E&SCP must:
a. be prepared by a suitably qualified and experienced professional;
b. relate to each phase of the works (including clearing, earthworks, civil construction,
services installation and landscaping) and detail the type, location, sequence and
timing of measures and actions to effectively minimise erosion, manage flows and
capture sediment;
c. be consistent with current best practice standards to the extent that the standards are
not inconsistent with the conditions of approval and taking into account all
environmental constraints including erosion hazard, season, climate, soil, and
proximity to waterways;
d. provide sufficient detail regarding the manner in which compliance with all conditions
of this permit relating to E&SC is to be achieved;
e. include details of proposed flocculants and automatic dosing systems for sediment
basins, including jar testing results. Demonstrate the suitability of the proposed
flocculant having regard to the downstream receiving environment and water quality;
and
f. include the results of all soil investigations undertaken for the site and on which the
E&SCP is based
64. 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. 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:
a. Minimise Erosion
i. Restrict the extent of clearing to that necessary for access to and safe
construction of the approved works;
ii. Protect vegetation in all other areas of the site;
iii. Minimise the duration of soil exposure by undertaking land clearing and
stabilisation according to the rainfall erosion hazard as specified in IECA (2008)
Tables 4.4.2 and 4.4.7
iv. Prior to either the approval of the plan of survey for the development or
commencement of use, all site surfaces are to be effectively stabilised using
methods that 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
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by sheet, rill or gully erosion or lead to sedimentation, or lead to water
contamination.
b. Manage concentrated stormwater flows
i. Implement drainage and erosion control measures (including contingency
measures), prior to rainfall, which prevent or minimise rill erosion and gully
erosion.
ii. Ensure clean stormwater is diverted/managed around or through the site without
increasing the concentration of total suspended solids or other contaminants in
the flow and without causing erosion (on-site or off-site). If it is not feasible to
divert all areas discharging clean stormwater around or through the site, the clean
stormwater runoff is managed in the same manner as contaminated stormwater
runoff and ensures that sediment basins are sized to accommodate the additional
volume of runoff.
iii. Prior to each rainfall event ensure concentrated stormwater flow paths are
provided with capacity in accordance with IECA (2008) Table 4.3.1 and do not
cause water contamination, rill or gully erosion, sedimentation or damage to
structures or property
c. Minimise sediment released from the site
i. All site sub-catchments greater than 2,500m2 in area, are to be provided with
sediment controls which are designed, implemented and maintained to a
standard which would achieve at least 80% of the average annual runoff volume
of the contributing catchment treated (i.e. 80% hydrological effectiveness) to
50mg/L Total Suspended Solids (TSS) or less, and pH in the range 6.5–8.5.
Where this is proposed to be achieved through the use of sediment basins, the
following applies:
A. each basin is sized and operated in accordance with either a Type-A or
Type-B sediment basin as documented in IECA (2008) Appendix B (June
2018), based on the contributing catchment area including undisturbed
catchments which cannot be diverted;
B. each basin is to be provided with an automated system of flocculant dosing
and a suitable supply of flocculant/coagulant, with the type of
flocculant/coagulant determined based on Chemical Coagulants and
Flocculants Fact Sheet (IECA, 2018);
C. markers are provided within each basin indicating the maximum sediment
storage level and any additional water storage capacity for water reuse
D. during discharge from the primary outlet system, the concentration of total
suspended solids (TSS) discharged does not exceed 50mg/L and that pH
is within the range of 6.5-8.54. These discharge standards apply equally to
any intentional release of any water captured or stored within the site;
E. The hydraulic structures such as inlets, outlets, spillways must be
structurally sound for the design events as specified in IECA (2008); and
F. The sediment basin is to be constructed and operational before any
disturbance occurs in the catchment upslope of the basin. Accumulated
sediment from basins and other controls is to be removed and disposed of
appropriately without causing water contamination.
ii. For site sub-catchments less than 2,500m2 in area and where it is not feasible to
divert runoff from these small disturbed areas of the site to a sediment basin,
compensatory erosion and sediment controls are implemented prior to rainfall to
ensure that erosion of those of areas is minimised and Type 2 or Type 3 sediment
controls are provided in accordance with IECA (2008).
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iii. Controls are to be installed to minimise the tracking of dirt from the site onto
roadways. Any dirt on roadways caused by vehicles leaving the site is to be
removed without causing water contamination, prior to rainfall and at least at the
end of each work day.
d. Manage works within waterways
i. Waterways, including perennial and permanent waterways, are not to be altered,
nor riparian (including rehabilitated) vegetation disturbed without prior written
approval of the relevant administering authority.
ii. Work within waterways is to be:-
A. only undertaken during the lower rainfall months;
B. promptly rehabilitated conforming to the natural channel form, substrates
and riparian vegetation as far as possible; and
C. undertaken in accordance with Best Practice Erosion and Sediment
Control, Appendix I – Instream works, Sections 14 and 16, (International
Erosion Control Association, 2008).
iii. Temporary vehicular crossings of waterways are to be designed and constructed
to convey flows for the 63%AEP and remain stable for all rainfall events up to the
10% AEP event of critical duration.
iv. ESCs are not to be constructed within the riparian buffer zone, unless it is not
feasible to site them elsewhere, and then only within cleared areas.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
33132-OW5.1 A Vehicle Turning Paths prepared by SCG 29.09.2023
Consulting Engineers
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
MATERIAL CHANGE OF USE & RECONFIGURING A LOT (MCU23/0094 & RAL23/0014)
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
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Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Advertising Devices
3. 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
4. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Nature and Extent of Approved Development
5. The assessment of this development was based on a proposal having a plot ratio of 0.5:1,
as depicted on the Approved Plans and conditioned.
6. Should the outstanding matters raised in this approval be addressed to Council’s satisfaction,
Council may change the approval to a Development Permit through the Negotiated Decision
Notice process.
Submission of Amended Plans Required (as required by MCU23/0094 & RAL23/0014)
7. The conditions of this Decision Notice require resubmission of plan/s to Council with
amendments as per the Material Change of Use and Reconfiguring a Lot Development.
Please address the amended plan/s to Council’s Development Assessment Branch.
The revised plans are to be provided to Council for review and approval prior to the
issue of Building Approval.
Sustainability
8. Council encourages sustainable and energy efficient building design for all development,
including the use of sustainable building materials, energy efficient fittings, solar hot water,
photovoltaic systems (including the use of inverter/charges), solar panels, water saving
devices and rainwater harvesting.
OPERATIONAL WORKS (OPW23/0113)
General Advisory Notes
9. 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.
10. 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.
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11. 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.
Nature and Extent of Approval (OPW- Landscaping, Drainage, Stormwater)
12. Deleted.
Prestart, On and Off Maintenance Inspections Request
13. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days notice of preferred inspection time.
14. 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.
15. 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.
16. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
17. 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).
18. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
a. 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
b. 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.
If at the time of request for final inspection, the method of short-term stabilisation has
not achieved a level of stability that Council's Officers believe will have a high
probability of achieving long term stability, Council Officers may take the following
matters into consideration in determining whether the site is capable of achieving
medium to long-term stability:
• evidence that the site has been effectively stabilised in the short term;
• evidence that soil has been adequately ameliorated;
• evidence that seed of annual and perennial grass species has been applied at an
adequate rate; and
• that grass seed has germinated at a density that is likely to achieve an effective
grass cover.
Retention of Existing Trees
19. The existing trees on adjoining properties must be retained and protected during construction
wherever achievable. To avoid doubt, this advisory note is not intended to exclude the
operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following
construction of the development which is the subject of this development approval.
Removal of Existing Trees and Vegetation
20. Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
well as optimum weed seed sterilisation.
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Qualified Person
21. Qualified Person, for the purpose of:
a. Supervising landscape works and preparing a landscape certification, is considered to
be a landscape architect, landscape designer or horticulturist with a minimum of three
years current experience in the field of landscape design.
b. Undertaking landscape construction and establishment works is considered to be a
person with five years current experience in commercial landscape construction
projects.
c. Undertaking, supervising tree works and preparing arboriculture certification, is
considered to be a person with a minimum three years current experience in tree
protection, hazard identification/mitigation and assessment and either:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture.
d. Undertaking Fauna site works and calculating compensatory habitat is considered to
be a Fauna Spotter Catcher with current certification under the Queensland Parks and
Wildlife Service.
e. Assessing and certifying soil quality is considered to be an Agronomist or
Horticulturalist with three years current experience in soil testing.
Landscape Works
14. The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges
Register where:
a. An inspection revealed that any constructed rehabilitation/landscape works do not
comply with the conditions of the Decision Notice, Approved Plans and or Approved
Documents
b. Certification is submitted to Council falsely stating that works comply with the approved
plans, documents and or conditions of the Decision Notice.
15. Public amenity trees are defined as any tree located within public streets, parks or areas that
will become publicly owned as a result of this development.
Erosion & Sediment Control Plans
16. The ESC plans submitted with the application have not been approved and are not
considered suitable for addressing the conditions of this permit. Specialist advice and input
should be sought in the preparation of ‘for construction’ ESC plans.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work.
11. SUBMISSIONS
Not applicable.
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12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
13. 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
DECISION NOTICE HISTORY
• Original Decision Notice - 8 January 2024.
• Negotiated Decision Notice – 10 May 2024, with:
o Amendment to condition 3 of the Material Change of Use Development
Permit
o Refuse to delete Conditions 15, 25, 30 & 41 of the Material Change of Use
Development Permit
o Delete conditions 20 and 25 of the Material Change of Use Development
Permit.
o Agree to amend Condition 3 of Reconfiguring a Lot Development Permit.
o Agree to replace the Preliminary Approval for Operational Works with a Full
Development Permit to read as Development Permit for Operational Works
– Roadwork, Vegetation Clearing, Earthworks, Landscaping, Draining &
Stormwater.
o Agree to amend conditions 1 and 8 of the Operational Works Development
Permit.
o Agree to delete condition 3 of the Operational Works Development Permit.
o Include additional conditions 59 - 64 to meet the requirements of a full
Development Permit for Operational Works.
o Include additional Advisory Notes 14 – 16
o Delete Advisory Note 12
• Decision Notice - Minor Change - MCU23/0094.01,
OPW23/0113.01 & RAL23/0014.01, 11 September 2024; amend
conditions 46 & 47.
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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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Document Set ID: 23245480
Version: 4, Version Date: 17/09/2024
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