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Negotiated Decision Notice - MCU24 0125, OPW24 158 & RAL24 0021 (As Published) · MCU24/0125

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                                                                                        Officer:            Matthew Pinese
                                                                                        Direct Telephone:   07 5329 6245
                                                                                        Our Reference:      MCU24/0125
                                                                                        Your Reference:     0685

               5 September 2025


               Courtware Australia Pty Ltd
               C/- Pivotal Perspective Pty Ltd
               3/93 Hilton Tce
               TEWANTIN QLD 4565
               [email protected]



               Dear Jack,
                                               Negotiated Decision Notice
                                                        Planning Act 2016

               I refer to your application and the representations you made in respect to the decision notice. On
               4 September 2025, Council decided your representations. This negotiated decision notice replaces
               the decision notice of 1 April 2025.
               Details of the negotiated decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:            MCU24/0125, OPW24/0158 and RAL24/0021

                   Street address:            73, 75 & 77 Eumundi Noosa Rd Noosaville Qld 4566,
                                              2c, 2d & 2e Starboard Ave Noosaville Qld 4566,

                   Real property description: Lot 1, 2, 3, 48, 49 & 50 on SP298783,

                   Planning Scheme:           Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council on 1 April 2025, decided to issue the following type of approval:
               •       Preliminary Approval for Material Change of Use – Multiple dwelling (15 Units)
               •       Preliminary Approval for Operational Works – Roadworks, Drainage Work, Stormwater,
                       Earthworks and Landscaping
               •       Preliminary Approval for Reconfiguring a Lot – Community Title Subdivision (1 Lot into 15
                       Lots)
               In relation to representations, Council on 4 September 2025 decided to:
               A.      Agree to delete Preliminary Approval Conditions 1 (1.1-1.7), 2, 3 (3.1-3.4) and 4 (4.1-4.4).
               B.      Amend the development description to read as follows:
                       •      Development Permit for Material Change of Use – Multiple dwelling (15 Units)



               ABN 97.969.214.121                                                               PO Box 141
               noosa.qld.gov.au                                                          Tewantin QLD 4565
               [email protected]                                                          07 5329 6500
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                      •       Development Permit for Operational Works – Roadworks, Drainage Work,
                              Stormwater, Earthworks and Landscaping
                      •       Development Permit for Reconfiguring a Lot – Community Title Subdivision (1 Lot
                              into 15 Lots)
               C.     Include the following additional conditions to the Development Permit for Material Change of
                      Use 5-63
               D.     Include the following additional conditions to the Development Permit for Operational Works
                      1-69
               E.     Include the following additional conditions to the Development Permit for Reconfiguring a Lot
                      1-11
               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 (MCU24/0125)
                              MULTIPLE DWELLING (15 UNITS) INCLUDING DEMOLITION WORKS
               1.     Deleted.
               2.     Deleted.
               3.     Deleted.
               4.     Deleted.
                      When Conditions Must Be Complied With
               5.     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
               6.     This development approval lapses if the use has not happened by 4 September 2031, unless
                      an application to extend the currency period is approved by Council.
                      Approved Plans
               7.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table/s below.

                        Plan No.             Rev.    Plan/Document Name                            Date

                        202507 DA1.04          E     Demolition Plan prepared by Blackwood 1/05/2025
                                                     Architecture and Design

                        202507 DA2.01          E     Site Plan prepared         by   Blackwood 1/05/2025
                                                     Architecture and Design

                        202507 DA2.02          E     Pad Levels prepared        by   Blackwood 1/05/2025
                                                     Architecture and Design
                                                     Annotated by Council

                        202507 DA2.03          E     Basement      prepared  by      Blackwood 1/05/2025
                                                     Architecture and Design




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                        202507 DA2.04   E   Ground Floor prepared by Blackwood 1/05/2025
                                            Architecture and Design
                                            Annotated by Council

                        202507 DA2.05   E   Upper Floor 1 prepared by Blackwood 1/05/2025
                                            Architecture and Design
                                            Annotated by Council

                        202507 DA2.06   E   Upper Floor 2 prepared by Blackwood 1/05/2025
                                            Architecture and Design

                        202507 DA2.07   E   prepared by Blackwood Architecture and 1/05/2025
                                            Design

                        202507 DA3.01   E   North and East Elevations prepared by 1/05/2025
                                            Blackwood Architecture and Design

                        202507 DA3.02   E   South and West Elevations prepared by 1/05/2025
                                            Blackwood Architecture and Design

                        202507 DA4.01   E   Section A and B prepared by Blackwood 1/05/2025
                                            Architecture and Design

                        202507 DA4.02   E   Sections C and D prepared by Blackwood 1/05/2025
                                            Architecture and Design

                        202507 DA4.03   E   Sections E and F prepared by Blackwood 1/05/2025
                                            Architecture and Design

                        202507 DA4.04   E   Section G prepared        by   Blackwood 1/05/2025
                                            Architecture and Design

                        202507 DA4.05   E   Section H prepared        by   Blackwood 1/05/2025
                                            Architecture and Design

                        202507 DA6.01   E   Type 1 Plans prepared by Blackwood 1/05/2025
                                            Architecture and Design

                        202507 DA6.02   E   Type 1 Plans prepared by Blackwood 1/05/2025
                                            Architecture and Design

                        202507 DA6.04   E   Type 1 Elevations prepared by Blackwood 1/05/2025
                                            Architecture and Design

                        202507 DA6.05   E   Type 1 Elevation and Section prepared by 1/05/2025
                                            Blackwood Architecture and Design

                        202507 DA6.06   E   Type 2 Plans prepared by Blackwood 1/05/2025
                                            Architecture and Design

                        202507 DA6.07   E   Type 2 Plans prepared by Blackwood 1/05/2025
                                            Architecture and Design

                        202507 DA6.09   E   Type 2 Elevations prepared by Blackwood 1/05/2025
                                            Architecture and Design



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                        202507 DA6.10        E      Type 2 Elevation and Section prepared by 1/05/2025
                                                    Blackwood Architecture and Design

                        202507 DA6.11        E      Type 3 Plans prepared by Blackwood 1/05/2025
                                                    Architecture and Design

                        202507 DA6.12        E      Type 3 Plan and Section prepared by 1/05/2025
                                                    Blackwood Architecture and Design

                        202507 DA6.14        E      Type 3 Elevations prepared by Blackwood 1/05/2025
                                                    Architecture and Design

                        202507 DA6.15        E      Type 4 Basement prepared by Blackwood 1/05/2025
                                                    Architecture and Design

                        202507 DA6.16        E      Type 4 Ground prepared by Blackwood 1/05/2025
                                                    Architecture and Design

                        202507 DA6.17        E      Type 4 Upper prepared by Blackwood 1/05/2025
                                                    Architecture and Design

                        202507 DA6.18        E      Type 4 Roof prepared by Blackwood 1/05/2025
                                                    Architecture and Design

                        202507 DA6.20        E      Type 4 Elevations prepared by Blackwood 1/05/2025
                                                    Architecture and Design

                        202507 DA6.21        E      Type 4 Elevations and Section prepared by 1/05/2025
                                                    Blackwood Architecture and Design

                        202507 DA6.22        E      Type 5 Plans prepared by Blackwood 1/05/2025
                                                    Architecture and Design

                        202507 DA6.23        E      Type 5 Plan and Section prepared by 1/05/2025
                                                    Blackwood Architecture and Design

                        202507 DA6.25        E      Type 5 Elevations prepared by Blackwood 1/05/2025
                                                    Architecture and Design

                        202507 DA6.26        E      Type 6 Plans prepared by Blackwood 1/05/2025
                                                    Architecture and Design

                        202507 DA6.27        E      Type 6 Plans and Section prepared by 1/05/2025
                                                    Blackwood Architecture and Design

                        202507 DA6.29        E      Type 6 Elevation prepared by Blackwood 1/05/2025
                                                    Architecture and Design

                      Nature and Extent of Approved Use
               8.     The approved development consists of Multiple dwelling (15 Units).
                      Built Form and Development Appearance
               9.     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.
               10.    All units where adjoining an external residential allotment are to screen and batten air
                      conditioning units to assist with noise mitigation.


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               11.    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.
               12.    The development must use muted environmental colour tones that blend with the natural
                      environment.
               13.    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
               14.    The maximum height of the development must not exceed 8 metres above the natural and
                      finished ground levels.
               15.    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
               16.    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
               17.    To ensure privacy is protected between adjoining properties, the window located on the
                      upper level northern building face of Units 1, 6 and 12 must either:
                      a.      have a minimum windowsill height or 1.7 metres above floor level;
                      b.      be fitted with translucent glazing; or
                      c.      be fitted with a fixed external screen.
               18.    To ensure privacy is protected between adjoining properties, the window located on the
                      upper level southern building face of Units 5, 11 and 15 must either:
                      a.      have a minimum windowsill height or 1.7 metres above floor level;
                      b.      be fitted with translucent glazing; or
                      c.      be fitted with a fixed external screen.
               19.    The upper level balconies located on the western building face of Units 1 and 5 must include
                      either balcony planter boxes, balustrading or fixed external screens, positioned in such a way
                      to obscure direct views into the habitable room windows or private open space areas of the
                      adjoining property. Any fixed external screen(s) must not extend more than 50% of the length
                      of the balcony.
               20.    The upper level balconies located on the eastern building face of Units 6, 7, 8, 9, 10 and 11
                      must include either balcony planter boxes, balustrading or fixed external screens, positioned
                      in such a way to obscure direct views into the habitable room windows or private open space
                      areas of the adjoining property. Any fixed external screen(s) must not extend more than 50%
                      of the length of the balcony.
                      Street Identification
               21.    The street address of the development from Eumundi Noosa Road and Starboard Avene
                      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.




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                      Fencing and Walls
               22.    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.
               23.    Street fencing must be provided generally as shown on the Approved Plans, and not exceed
                      1.8 metres in height along Eumundi Noosa Road.
               24.    The area of land between the fence and the front property boundary must be densely
                      landscaped to screen any fencing from the street.
               25.    A privacy fence must be constructed to the full length of the development’s boundaries.
               26.    The fence and any associated retaining walls along the boundary adjoining the side
                      boundaries of the subject land 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
               27.    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
                      Community Management Statement
               28.    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.
               29.    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.
                      Noise
               30.    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.
               31.    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.




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                      Waste Storage
               32.    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.
               33.    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.
               34.    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.
               LANDSCAPING
                      Landscaping Works
               35.    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 approved landscape plans
                      b.      vegetated screening of any electrical transformers, bin storage areas and the like from
                              the road frontage
               36.    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.
               ENGINEERING
                      External Works
               37.    Eumundi Noosa Road must be upgraded for the length of its frontage to the subject site. The
                      works must be undertaken in accordance with the conditions of this approval, be generally
                      in accordance with TOD Consulting’s Roadworks and Stormwater Layout Plan (24572-C030,
                      Rev. B) dated 30 April 2025 and must include in particular:
                      a.      construction of kerb and channelling and underground stormwater drainage to the
                              development side only;
                      b.      construction of a pedestrian footpath in accordance with the conditions of this Decision
                              Notice; and
                      c.      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.




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                      Site Access and Driveways
               38.    A sealed access driveway must be provided from Eumundi Noosa Road to all parking and
                      manoeuvring areas of the development. The works must be undertaken in accordance with
                      the conditions of this approval, be generally in accordance with TOD Consulting’s Roadworks
                      and Stormwater Layout Plan (24572-C030, Rev. B) dated 30 April 2025 and must include in
                      particular:
                      a.      a driveway crossover in accordance with RS-051.
                      Car Parking
               39.    A minimum of 34 car parking spaces must be provided and marked on the site. The works
                      must be undertaken in accordance with the conditions of this approval, be generally in
                      accordance with TOD Consulting’s Roadworks and Stormwater Layout Plan (24572-C030,
                      Rev. B) dated 30 April 2025 and must include in particular:
                      a.      4 visitor parking spaces within the total, which are clearly marked for that purpose and
                              accessible at all times for visitor use;
                      b.      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 the condition of this approval, be generally in accordance with
                      TOD Consulting’s Roadworks and Stormwater Layout Plan (24572-C030, Rev. B) dated 30
                      April 2025 and must include in particular:
                      a.      a 2.0 metre wide concrete footpath within the road verge for the entire length of the
                              site’s frontage to Eumundi Noosa Road.
                      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 the conditions of this approval,
                      be generally in accordance with the Approved Plans and the Queensland Urban Drainage
                      Manual.
               43.    Prior to Council attending the prestart meeting, submit and have approved by Council, an
                      amended revision of Engeny’s Stormwater Management Plan (BBNE00529_0002_0001-
                      REP-001-2) to include the following amendments:
                      a.      provide clarification on Section 4.1 with respect to the modelling of the proposed
                              detention tank within the townhouse site and gap flows that do not report to the existing
                              detention basin.
                      b.      provide clarification and justification on what climate change assumptions have been
                              adopted in Sections 4.2 and 4.3 and provide an amended non-worsening assessment
                              based on like-for-like scenarios, with respect to climate change assumptions, based on
                              the 1% AEP (2100) event.
                      c.      provide justification on how the gap flows in Section 4.3 have been calculated (for the
                              total 1% AEP flow), if the calculations are based on WBNM modelling or TOD
                              Consulting’s stormwater calculations, and how the resulting flow reports in Starboard
                              Avenue during the 1% AEP event.




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                      Roofwater Capture and Reuse
               44.    Each dwelling is to be provided with 2kL of roofwater storage for a combined total of 30kL
                      across the development in accordance with Blackwood’s Ground Floor Plan (DA2.04, Rev.
                      E) dated 1 May 2025. The roofwater is to be plumbed for reuse for non-potable fixtures such
                      as:
                      a.      pool top-up;
                      b.      landscape irrigation; and
                      c.      other greywater uses.
                      Services
               45.    Underground reticulated electricity and telecommunication services must be provided to
                      each lot/unit in accordance with the standards and requirements of the relevant service
                      provider.
               46.    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.
               47.    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
               48.    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.
               49.    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.
               50.    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
               51.    All earthworks and associated batters/retaining structures, both above and below ground
                      level, both temporary and permanent, must be undertaken in accordance with the conditions
                      of this approval, be generally in accordance with TOD Consulting’s Earthworks Layout Plan
                      (24572-C020, Rev. B) dated 30 April 2025 and contained entirely within the subject site
                      unless written permission from the respective landowner(s) is provided to Council.
               52.    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
               53.    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.




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               DEMOLITION WORK
                      Codes of Development
               54.    Unless specifically conditioned otherwise, all works must comply with the relevant acceptable
                      solutions as contained in the Waste Management Code and Water Quality and Drainage
                      Code of the Noosa Plan 2020.
                      Demolition Works
               55.    Demolition must be undertaken in a manner that causes no detrimental effect upon the
                      amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
                      hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions
                      in accordance with the nuisance provisions of the Environmental Protection Act 1994.
                      Waste Management
               56.    Adequate area must be provided on-site for the collection and separate storage of recyclable,
                      non-recyclable, vegetative and hazardous materials in their specific waste streams during
                      removal or demolition works.
               57.    All waste materials must be removed from the site to avoid causing unhealthy conditions,
                      with the site left clean, tidy and free from any debris.
                      Water Quality and Drainage
               58.    Erosion and sediment control is to be undertaken in accordance with the requirements of the
                      Water Quality and Drainage Code of the Noosa Plan. Measures are to be installed and/or
                      maintained until soils are stabilised by vegetation or sealed.
                      NOTE: It is an offence under the Environmental Protection Act 1994 to deposit or potentially
                      allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage
                      system (e.g. roadside gutter).
                      Health and Safety
               59.    All building materials containing asbestos, including asbestos cement sheeting or roofing and
                      lagging, are removed from the building prior to demolition or relocation.
               60.    Removal of building materials containing asbestos must be undertaken by a licensed
                      asbestos removalist.
               61.    Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
                      requires a licensed asbestos removalist to give notice to Workplace Health and Safety
                      Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
                      commences. Notification must be made using Form 65: Notification of licensed asbestos
                      removal work, demolition work or emergency demolition.
               62.    All building materials containing asbestos products are wrapped and disposed of in
                      accordance with the Public Health Regulation 2006 and the Environmental Protection
                      Regulation 2008.
                      Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses
                      businesses that transport asbestos waste, and landfills that accept this waste.
                      Plumbing and Drainage
               63.    It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at
                      demolition of a building, the existing sanitary drain upstream from the connection point for a
                      service provider’s sewerage system must be sealed water tight. This work is deemed as
                      notifiable Work and must be carried out by a suitably licenced plumber who must submit an
                      As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
                      Construction Commission) within 10 days of completing the work.




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                              DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (OPW24/0158)
               (ROADWORKS, DRAINAGE WORK, STORMWATER, EARTHWORKS AND EARTHWORKS)
               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. 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

                        24572-C012           A    ROAD ALIGNMENT SETOUT PLAN AND                 23 January
                                                  TABLES                                         2025
                                                  Prepared by TOD Consulting

                        24572-C020           B    EARTHWORKS LAYOUT PLAN                         30 April 2025
                                                  Prepared by TOD Consulting

                        24572-C021           A    EARTHWORKS SECTIONS                            23 January
                                                                                                 2025
                                                  Prepared by TOD Consulting

                        24572-C022           B    RETAINING WALL LAYOUT PLAN                     30 April 2025
                                                  Prepared by TOD Consulting

                        24572-C023           A    RETAINING WALL DETAILS SHEET 1                 23 January
                                                                                                 2025
                                                  Prepared by TOD Consulting

                        24572-C024           A    RETAINING WALL DETAILS SHEET 2                 23 January
                                                                                                 2025
                                                  Prepared by TOD Consulting

                        24572-C031           B    PAVEMENT JOINTING LAYOUT PLAN                  30 April 2025
                                                  Prepared by TOD Consulting

                        24572-C032           A    PAVEMENT TYPICAL DETAILS                       23 January
                                                                                                 2025
                                                  Prepared by TOD Consulting

                        24572-C033           B    STORMWATER DRAINAGE                            30 April 2025
                                                  LONGITUDINAL SECTIONS (10% AEP)
                                                  Prepared by TOD Consulting

                        24572-C034           B    STORMWATER DRAINAGE                            30 April 2025
                                                  LONGITUDINAL SECTIONS (1% AEP)
                                                  Prepared by TOD Consulting

                        24572-C035           B    STORMWATER DRAINAGE                            30 April 2025
                                                  CATCHMENT PLAN
                                                  Prepared by TOD Consulting




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                        24572-C040            A     ROAD LONGITUDINAL SECTIONS AND                23 January
                                                    TYPICAL SECTIONS                              2025
                                                    Prepared by TOD Consulting

                        24572-C041            A     ROAD CROSS SECTIONS EUMUNDI-                  23 January
                                                    NOOSA ROAD                                    2025
                                                    Prepared by TOD Consulting

                      The following plans require amendment.

                               Plan No.   Rev.      Plan/Document Name                            Date

                        24572-C030        B         ROADWORKS          AND     STORMWATER 30 April 2025
                                                    LAYOUT PLAN
                                                    Prepared by TOD Consulting

                        24175 OPW-02      C         PLANTING PLAN                                 6 May 2025
                                                    Prepared by Element Design

                        24175 OPW-03      C         PLANTING PLAN                                 6 May 2025
                                                    Prepared by Element Design

                        24175 OPW-04      C         PLANTING PLAN                                 6 May 2025
                                                    Prepared by Element Design

                        24175 OPW-05      C         PLANTING PLAN                                 6 May 2025
                                                    Prepared by Element Design

                        24175 OPW-06      C         PLANTING PLAN                                 6 May 2025
                                                    Prepared by Element Design

                        24175 OPW-07      C         PLANTING PLAN                                 6 May 2025
                                                    Prepared by Element Design

                        Amendments:       The above plans must be resubmitted to Council for agreement prior
                                          to a prestart meeting and incorporate the following amendments:
                                          2.       Each unit must be provided with a 2,000L roofwater storage tank.
                                                   The location of the tanks and associated drainage infrastructure
                                                   must be consistent across the Civil, Architectural and
                                                   Landscaping plans.

                        ED 24175 OPW-          C    Planting Plan prepared by Element Design      06/05/25
                        02

                        ED 24175 OPW-          C    Planting Plan prepared by Element Design      06/05/25
                        03

                        ED 24175 OPW-          C    Planting Plan prepared by Element Design      06/05/25
                        08




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                        ED 24175 OPW-   C        Planting Plan prepared by Element Design       06/05/25
                        09

                        ED 24175 OPW-   C        Details Plan prepared by Element Design        06/05/25
                        10

                        ED 24175 OPW-   C        Specifications Plan prepared by Element 06/05/25
                        12                       Design

                        ED 24175 OPW-   C        Planting Plan prepared by Element Design       06/05/25
                        04

                        ED 24175 OPW-   C        Planting Plan prepared by Element Design       06/05/25
                        05

                        Amendments          •    Landscape treatment along the eastern boundary adjacent
                                                 Lot 4 SP298783 and Lot 108 SP106085 is to incorporate the
                                                 following species at 1 metre centres to screen the
                                                 development from neighbouring properties:
                                            •    syzygium austral ‘Straight and narrow’
                                            •    Callistemon viminalis ‘Slim’.
                                            •    Updated landscape treatment within the 1 m wide retaining
                                                 wall garden that runs the length of the site north to south
                                                 behind units 12-15 inclusive. The treatment must include
                                                 additional tall species at 2.5 metres centres with the following
                                                 screening species:
                                            •    syzygium austral ‘Straight and narrow’
                                            •    syzygium ‘cascade’
                                            •    Callistemon viminalis ‘Slim’.
                                            •    Banksia integrifolia
                                            •    Tristaniopsis ‘Luscious

                        ED 24175 OPW-   C        Planting Plan prepared by Element Design       06/05/25
                        01

                        ED 24175 OPW-   C        Planting Plan prepared by Element Design       06/05/25
                        06

                        ED 24175 OPW-   C        Planting Plan prepared by Element Design       06/05/25
                        07

                        Amendments          •    Removal of pavers / steppers leading from each unit to the
                                                 footpath within Eumundi Noosa Road Reserve.
                                            •    Incorporation of addition tall shrubs within the boundary of
                                                 each unit on the western side of any boundary fencing at a
                                                 rate of 2 per unit frontage incorporating the following species:
                                                c.   Grevillea ‘Moonlight’
                                                d.   Grevillea ‘Honey Gem’




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                                                    •   Incorporation of 6 Banksia integrifolia spread evenly
                                                        throughout the road reserve revegetation area. Minimum pot
                                                        size to be 45litre.

                        ED 24175 OPW-           C       Planting Plan prepared by Element Design      06/05/25
                        11

                        Amendments                  •   Update Plant schedule

               CURRENCY PERIOD
               3.     The Currency Period for this development approval lapses if the development has not
                      substantially started by 6 September 2027, unless an application to extend the currency
                      period is approved by Council.
               SITE SPECIFIC CONDITIONS
                      Bonds
               4.     A site control and/or compliance bond of $20,000 is to be submitted to Council prior to the
                      pre-start meeting. The pre-start meeting will only be held once Council's Construction
                      Engineering Officer has confirmation that the bond monies have been received by Council.
                      The bond will be refunded less any costs incurred by Council in ensuring compliance with
                      these conditions or any additional inspections incurred for substandard work or work
                      undertaken not in accordance with this permit.
               5.     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.      have approval of the bond calculations and amount from Council prior to lodgement;
                      d.      be lodged with Council and accompanied by the Bond Administration Fee/s; and
                      e.      be requested for release by writing to Council when relevant approval requirements
                              have been met.
               PRIOR TO COMMENCEMENT OF WORKS
                      Engineering
               6.     Submit amended plans to Council as described by the conditions of this approval. Plans must
                      be submitted and approved prior to the pre-start meeting.
               7.     All necessary approvals from external service providers (e.g., Unitywater) and external
                      parties on which the development works are proposed have been obtained and a copy
                      supplied to Council.
               8.     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 prestart meeting.
               9.     A condition report of the drainage system and end-of-line bioretention basin must be
                      completed for agreement at the prestart meeting. The condition report is to include:
                      a.      a CCTV inspection of the existing stormwater network commencing from the end-of-
                              line bioretention basin in Ely Street and continuing to the next upstream structure from
                              “EX4/4” (as identified on the Approved Plans); and
                      b.      a dilapidation report of the existing end-of-line bioretention basin in Ely St.
               10.    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.



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               11.    Certificates demonstrating currency of public liability insurance and works insurance covering
                      the works must be submitted to Council prior to the prestart meeting.
               12.    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; and
                      d.      Arboreal works.
                      e.      Fauna management works.
                      f.      Landscape works.
                      g.      Other relevant parties.
               13.    A Construction Management Plan must be submitted to Council prior to the pre-start meeting
                      and must specifically address the following:
                      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 vehicle and 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;
                                        and
                              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.
                      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; and
                              ii.       dispute resolution procedures; and




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                      h.      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.
               14.    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.
               15.    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.
                      *(Refer to Advisory Note)
               Landscaping
               16.    Prior to requesting a prestart meeting:
                      a.      Receipt of amended plans approval.
                      b.      Tree protection fencing for vegetation within the road reserve must be installed under
                              the supervision of the qualified person*.
                      *(Refer to Advisory Note).
               DURING CONSTRUCTION
                      Engineering
               17.    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.
               18.    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.
               19.    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; and
                      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)
               20.    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.
               21.    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.




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               22.    The developer must notify Council’s Traffic Engineer for any works involving the removal or
                      modification of existing Council-owned traffic signs and/or parking bays prior to such works
                      commencing.
               23.    Root barriers are required to be installed behind the back of kerb for all new kerbs within 5m
                      of a trunk of a tree.
                      Pavement Design and Construction
               24.    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
               25.    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.
               26.    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.
               27.    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
               28.    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.
                      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.
               29.    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
               30.    Driveway crossovers must be constructed in accordance with council’s Standard Drawings
                      RS-051.
               31.    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.




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               32.    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
               33.    All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
                      on Earthworks for Commercial and Residential Development, with geotechnical testing
                      undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as
                      defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and
                      uniformity of fill shall be provided by a RPEQ and submitted to Council prior to Council signing
                      the Plan of Survey.
               34.    All earthworks and associated batters/retaining structures, both above and below ground
                      level, both temporary and permanent, must be contained entirely within the subject site
                      unless written permission from the respective landowner(s) is provided to Council.
               35.    Fall protection must be provided to retaining walls that are over 1m high.
               36.    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; and
                      d.      1 in 2 for combined structural engineering and planting solutions.
                      Stormwater Drainage
               37.    Appropriate scour protection must be provided at the outlet of all stormwater pipes including
                      temporary outlets.
               38.    Works associated with this permit must not adversely impact on the existing drainage
                      conditions on other properties (e.g., by blocking or interfering with natural overland flows).
               39.    Construction of all internal stormwater drainage works must comply with the relevant
                      section/s of Australian Standard AS/NZS 3500.3.




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                      Erosion and Sediment Control
               40.    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.      be updated to reflect the current 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.
               41.    A construction hold point inspection with a Council delegate is required following the removal
                      of existing ground cover (i.e., grass) and prior to the commencement of the bulk earthworks.
                      At the time of the inspection, the erosion and sediment controls prescribed by the supervising
                      RPEQ or CPESC must be installed in accordance with current best practice standards.
                      Written certification from the supervising RPEQ or CPESC must be provided to Council
                      certifying that the on-site controls satisfy the conditions of this approval.
               42.    A logbook of all Erosion & Sediment Control (E&SC) activities must be prepared for the
                      development and maintained until the completion of the works. The logbook must be made
                      available to the Council upon request, within five (5) business days of the date of the request.
                      Each entry into the logbook must document the extent of works, the date the works occurred
                      and any observations or notes. It is expected that logbook entries may include, but are not
                      limited to:
                      a.      amendments to the E&SC plan(s);
                      b.      maintenance of any erosion and sediment controls;
                      c.      emptying of detention basins (with Discharge Authority Certificates);
                      d.      inspections by the supervising RPEQ or CPESC; or
                      e.      any breaches of sediment exiting the site.




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               43.    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 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) unless otherwise justified, based on the contributing catchment area
                                           including undisturbed catchments which cannot be diverted;




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                                           B. each Type-A or Type-B sediment 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).
                             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.




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                      Damage to Services and Assets
               44.    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.
               LANDSCAPING
                      General
               45.    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.
               46.    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
                              MCU24/0125 to which this approval relates.
                      c.      All relevant Council Planning Scheme Policies, standard drawings, standard
                              specifications and guidelines.
                      Retention of Existing Trees and Vegetation
               47.    All trees and vegetation identified for retention must be protected in accordance with AS
                      4970, Protection of trees on development sites.
               48.    A qualified person * must be engaged for the duration of the works to:
                      a.      Oversee installation of all tree protection fencing prior to commencement of any works
                              onsite (including any clearing).
                      b.      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.
                      c.      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.
                      d.      Oversee approved tree removal in proximity to retained trees.
                      e.      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)




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                      Fauna Management
               49.    A qualified person* must be engaged to manage fauna prior and during clearing to:
                      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.      Ensure clearing works avoids nesting times of animals and birds.
                      d.      Co-ordinate staging and sequence of clearing with fauna protection.
                      e.      Protect and recover fauna during clearing operations.
                      f.      Manage the translocation of animals and recovery procedures in accordance with
                              relevant legislation.
                      g.      Undertake protection works for mulching of any stockpiled vegetation.
                      *(Refer to Advisory Note)
                      Removal of Existing Trees and Vegetation
               50.    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)
                      Landscaping Works
               51.    Landscape works must be supervised, undertaken and certified by qualified persons*. All
                      works must be completed in accordance with this Decision Notice.
                      (* Refer to Advisory Note)
               52.    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.
               53.    Landscape works must:
                      a.      Ensure amenity or sales signage and ancillary infrastructure (pavers or steppers) are
                              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)
               54.    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.
                      *(Refer to Advisory Note)
               55.    Turfed areas must be free of pest, diseases and weeds and level with adjoining surfaces.




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               FOLLOWING CONSTRUCTION
                      Bonds
               56.    Bonds must:
                      a.      Meet the requirements of the relevant Council 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.
               57.    Performance Bonds must be lodged for:
                      a.      Streetscape Landscape.
                      On Maintenance
               58.    Maintenance periods* must be:
                      a.      12 months for Streetscape Landscape.
                      *(Refer to Advisory Note)
               59.    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
               60.    On Maintenance management includes:
                      a.      Establishing and maintaining the works in accordance with the intent and requirements
                              of all approvals.
                      b.      To aesthetically compliment the surrounding local area.
                      c.      Rectification of works failing ‘on ground’ to a solution that still meets approval intents.
                      d.      Regular mowing, weeding and fertilising of grass areas.
                      e.      Mulching, fertilising and aeration of garden areas.
                      f.      Cleaning of all external surfaces including prompt removal of graffiti.
                      g.      Replacement of dead or poorly performing plants.
                      h.      Repair and replacements of damaged landscape infrastructure (furniture and fixtures).




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                      Off Maintenance
               61.    Prior to requesting an Off Maintenance inspection the following must be provided:
                      a.      Written request of bond release.
               62.    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)
               PRIOR TO THE COUNCIL SIGNING THE PLAN OF SURVEY
                      Certification
               63.    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.
               64.    A condition report of the drainage system and end-of-line bioretention basin must be
                      completed for agreement prior to the acceptance of “On Maintenance”. The condition report
                      is to include:
                      a.      a CCTV inspection of the existing stormwater network commencing from the end-of-
                              line bioretention basin in Ely Street and continuing to “FI2/4” (as identified on the
                              Approved Plans); and
                      b.      a dilapidation report of the existing end-of-line bioretention basin in Ely St.
                      As Constructed Plans and ADAC XML Files (Council)
               65.    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.       Registered Cadastral Surveyor (Qld) in regard to the cadastral and locational
                                        information, levels and applicable survey datum.




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                      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.
                      On Maintenance
               66.    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
               67.    Prior to requesting an Off Maintenance inspection, the developer must provide a written
                      request for the Off Maintenance inspection.
               68.    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.
               69.    A final inspection and approval of the new driveway and completed reinstatement works by
                      Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the
                      inspection.




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                                              RECONFIGURING A LOT (RAL24/0021)
                                                        (1 LOT INTO 15 LOTS)
                      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 the lodgement of a Plan Seal application.
                      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 4 September 2029
                      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.

                        Plan No.               Rev.   Plan/Document Name                              Date

                        DA1.05                  E     Lot Plan prepared           by    Blackwood 1/05/2025
                                                      Architecture & Design

               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.
                      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.



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               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.
               5.     REFERENCE DOCUMENTS

               Not applicable.
               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:
                      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.
                      Prestart, On and Off Maintenance, Rehabilitation Inspections Request
               9.     Contact Council on 5329 6500 to arrange a prestart meeting or an inspection giving a
                      minimum of five business days’ notice of preferred inspection time.
                      Retention of Existing Trees
               10.    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
               11.    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
               12.    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:
                              iii.      International Society of Arboriculture (ISA) certification; or
                              iv.       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
               13.    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.
               14.    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.
                      Road Reserve Permit
               15.    This development permit provides the applicant with written authority to undertake the
                      development in accordance with the conditions. Any additional activities that are undertaken
                      inside Council’s road reserve for the purpose of acting on this development permit may
                      require a Road Reserve Permit. These additional activities may include, but are not limited
                      to, hoarding, pedestrian diversions, laneway closures, etc. To apply for a Road Reserve
                      Permit, or for more information, Contact Council’s Road Reserve Officer at
                      [email protected] Act 2014 – Fire Ant Control
               16.    Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
                      individuals and businesses are responsible for ensuring that they follow the movement
                      controls for specific organic materials to help prevent the spread of fire ants within South
                      East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
                      ant biosecurity zone may need a biosecurity instrument permit. More information is available
                      on https://www.fireants.org.au/treat/business-andindustry/movement-controls.
                      Building and Construction Industry (Portable Long Service Leave) Levy
               17.    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.




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                      Resubmission of Amended Documents Required
               18.    The conditions of this Decision Notice require resubmission of the referenced Stormwater
                      Management Plan to Council with amendments. Please address the amended document to
                      Council’s Development Assessment Branch with the Reference No. MCU24/0125.
                      Road Reserve Permit
               19.    This development permit provides the applicant with written authority to undertake the
                      development in accordance with the conditions. Any additional activities that are undertaken
                      inside Council’s road reserve for the purpose of acting on this development permit may
                      require a Road Reserve Permit. These additional activities may include, but are not limited
                      to, hoarding, pedestrian diversions, laneway closures, etc. To apply for a Road Reserve
                      Permit, or for more information, Contact Council’s Road Reserve Officer at
                      [email protected] Sealing
               20.    All works required by this permit must be completed and accepted by Council prior to
                      submitting an application for plan sealing.
                      Biosecurity Act 2014 – Fire Ant Control
               21.    Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
                      individuals and businesses are responsible for ensuring that they follow the movement
                      controls for specific organic materials to help prevent the spread of fire ants within South
                      East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
                      ant biosecurity zone may need a biosecurity instrument permit. More information is available
                      on https://www.fireants.org.au/treat/business-andindustry/movement-controls
                      General Advisory Notes
               22.    As this driveway is a private structure, the owner bears full responsibly for the standard of its
                      construction, maintenance and any liabilities associated with its construction. It is
                      recommended that professional advice be sought for the construction of the driveway to
                      ensure that the driveway is constructed in accordance with standard drawings RS-051.
               23.    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.
               24.    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.
               25.    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.
                      Prestart, On and Off Maintenance Inspections Request
               26.    Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
                      business days’ notice of preferred inspection time.
               27.    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.
               28.    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.




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                      Environmental Advisory Notes
               29.    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
               30.    Council recommends the installation of an on-site weather monitoring station to record the
                      volume of rainfall during inclement weather events. Council may request access to the rainfall
                      data following inclement weather events that lead to the release of sediment laden water
                      from the development site.
               31.    Council recommends the principal contractor prepares a logbook (physical or electronic) for
                      all watering activities for the purposes of dust control. Council may request access to the
                      logbook during dry and windy periods that results in sediment (dust) exiting the development
                      site.
               32.    Accepted best practice standards include International Erosion Control Association
                      Australasia Best Practice Erosion and Sediment Control.
               33.    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).
               34.    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.
               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 works.

               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,



               Matt Pinese
               Development Planner



               Enc:      Appeal Rights
                         Infrastructure Charge Notice
                         Approved Plans/Documents



               DECISION NOTICE HISTORY
               •     Original Decision Notice - 1 April 2025.
               •     Negotiated Decision Notice – 4 September 2025, with an amendment to Development descriptions of MCU24/0125,
                     OPW24/0158 & RAL24/0021, add additional conditions 5 – 63 of MCU24/0125, 1 – 69 of OPW24/0158 and 1 – 11 of
                     RAL24/0021 and delete conditions 1 – 4 of MCU24/0125.




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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.




                                                                                                                                                 Page 34 of 34
Document Set ID: 24095782
Version: 12, Version Date: 05/09/2025

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