Delegated Report - Code - Planning MCU20 0150

Author	Glen Conforti/Patrick Murphy
Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0150
Applicant	Altum Properties No 9 Pty Ltd
Proposal	Material Change of Use - Multiple dwelling
Properly Made Date	7 December 2020
Information Request Date	12 January 2021
Information Response Date	16 February 2021
Decision Due Date	30 April 2021
Report Completed Date	30 April 2021
Report Reviewed By	Patrick Murphy

PROPERTY DETAILS
Property Address	101 and 105 Eumundi Noosa Rd, Noosaville Qld 4566
RP Description	Lot 1 RP 230931 Lot 1 RP 849431
Land Area	Lot 1 RP230931 - 3740m² Lot 1 RP849431 - 1748m² Total - 5488m²
Existing Use of Land	Dwelling, sheds and vacant land (formerly an industry use)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential Zone
Precinct	Not Applicable
Local Plan Area	Noosaville Local Plan
Overlays	Land subject to Acid Sulfate Soils (above 5m AHD)
Assessment Type	Code
PROPOSAL
The application seeks a Material Change of Use for 34 Multiple dwellings consisting of 6 x 3 bedroom dwellings and 28 x 2 bedroom dwellings spread between 4 separate 2 storey buildings.
Most of the units are wholly located either at ground level or the upper floor and 6 units are 2 storeys having the living space on ground level and bedrooms on the upper level. The multiple dwellings meet the criteria for the ‘bonus’ provisions as all the units are small dwellings except for one unit. The unit’s range in size from 75m² to 92m² and 1 unit at 105m².
The proposal consists of 4 separate buildings with centrally located H shaped driveway, refuse collection and a shared swimming pool to the front of the site. The buildings are generally less than 8m above the NGL except for 2 portions of the eaves which are proposed up to 8.25m above NGL.
A natural water quality device (bioretention basin) is located to the south east corner of the site, and a pad mounted transformer to the frontage. Table 1 below provides further details of the development.
Table 1 - Details of the development
Building number	No. of dwellings and bedrooms
Building 1	1 x 3 bedroom 11 x 2 bedrooms
Building 2	4 x 3 bedrooms 6 x 2 bedrooms
Building 3	1 x 3 bedroom 5 x 2 bedrooms
Building 4	6 x 2 bedrooms
	Total = 6 x 3 bedroom and 28 x 2 bedrooms
Dwelling type – layouts provided in Figures below
TYPE 01 = 5 x 85m² TYPE 02 = 1 x 105m² TYPE 03 = 14 x 75m² TYPE 04 = 9 x 78m² TYPE 05 = 5 x 92m²
Car parking
40 spaces for the dwellings; and 11 x visitor parking 1 x MRV layby and circulation suitable for refuse turn around

The locality and proposal plan are included below.

Figure 1 - Locality Plan

Figure 2 - Site Plan

Figure 3 - Typical ground and upper level unit layout for units wholly one level

Figure 4 - 2 storey unit layouts

Figure 5 - Street Elevation

Figure 6 - 3D perspectives of Buildings 1,2 and 3
The applicant has provided the following reports for assessment:
Site Based Stormwater Management Plan, prepared by Morgan Consulting Engineers;
Traffic Engineering Report, prepared by TTM;
Environmental Noise Impact Report, prepared by Decibel Consulting
Sustainable Building Design Code Assessment, prepared by JFP Urban Consultants
site details
Background
On 23 May 1977, Council issued a Town Planning Consent (TPC 658) for “Renovations to an existing building to permit hardware store/tyre & wheel alignment service, office, storage and cabinet maker”.
A Standard Planning and Development Certificate was issued on 7 October 2016 confirming existing non-conforming use rights apply over the premises for hardware store/tyre & wheel alignment service, office, storage and cabinet maker.
Building approval was issued on 21 September 1984 for the existing shed located in the north-eastern corner of the site. Based on limited information on the file there is no evidence to suggest the existing shed was part of the original approval however correspondence on the file suggests the shed was permitted for use for storage purposes.
MCU16/0130 - On 21 December 2017 Council issued a Negotiated Decision Notice for a Development Permit for Material Change of Use of Premises for Retail business Types 6 - Hardware and Retail Business Type 7 – Garden Centre.
MCU16/0130.01 - On 21 March 2019, Council approved some changes to the built form and car parking layout.
To date, this approval has not been acted upon.
Site Description
101 Eumundi Noosa Road
The subject site has an approximate frontage of 61m to Eumundi Noosa Road and has a minor slope of roughly 0.05% from the north-western to the south-eastern corner. Ground levels range from 17m – 19m AHD with the lowest point of the site located in the south-eastern corner.
The site does contain some scattered vegetation which is generally of low environmental value and/or invasive species.
The former buildings have been demolished except for two sheds (1 encroaching over common boundary of lot 105), informal gravel car parking area, sealed cross over and various landscaped areas.
105 Eumundi Noosa Road
The lot has a 40m frontage to Eumundi Noosa Road with an approximate slope of 0.07% from the north-western to the south-eastern corner. The land use consists of a single detached dwelling. An existing shed is located east of the detached dwelling and encroaches over the common boundary of lot 101.
Surrounding Land Uses
The subject site adjoins residential lots to the south with frontage to Eumundi Noosa Road and 2 residential lots to the south-east that have frontage to Regatta Circuit, Noosa Waters. A battle axe lot adjoins the site to the east currently used for an industrial business (Klinge Scaffolding). The access handle to this lot runs parallel to the sites northern boundary.
Land uses within the immediate vicinity generally comprise residential uses to the east and north (detached dwellings), Good Shepherd Lutheran College and open space use to the west across Eumundi Noosa Road.
A mixed use development (Ecom Noosa) is located directly to the north of the site at 95 Eumundi Noosa Road and consists of small scale offices for start-up businesses and an ancillary café area. This development is generally limited to day time operations.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Noosaville Local Plan Code;
Medium Density Residential Zone Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes.
The subject site is in the Noosaville Local Plan area and the Medium Density Residential zone. The proposed use is identified as a consistent use within the zone and is required to follow a code assessment application process.
The proposal meets the criteria for the planning scheme’s ‘bonus’ provisions by proposing 33 small dwellings and 1 other (larger) dwelling. The proposed units range in size and are mostly located wholly on the ground or upper floor levels in both 2 and 3 bedroom configurations. The units are provided within 4 individual buildings which sit comfortably within the character of the area and are consistent with the bulk and scale of surrounding residential development. The Noosaville Local Plan Code Overall Outcome 7.2.4.2(2)(s) and (t) are important relevant provisions and are provided below
(s) 	Development in the Medium Density and High Density Housing zones accommodates a greater diversity in housing types including dual occupancies, multiple dwellings, retirement facilities and residential care facilities.

(t) 	Development ensures permanent residents of Noosaville enjoy high levels of residential amenity and accessibility to urban services and recreational opportunities.
The proposed development provides for housing choice, housing affordability and housing diversity by providing ground level small dwellings in both 2 and 3 bedroom configuration in close proximity (walking distance) to the Goodchap Street medical centre, Noosa Civic shopping precinct, Noosa Hospital and local schools.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria (5488m²)	Planning Scheme	Proposal	Complies
Building height storeys metres	2 storeys max 8 metres	2 storeys 8.1m & 8.25m	X
Site cover (small dwelling provisions)	45% max (2470m²)	41.7% (2289m²)	
Plot ratio (small dwelling provisions)	0.5:1 max. (~2742m² GFA) max	0.5:1 (2742m²)	
Boundary setbacks Frontage North Side South Side Rear	6 metres min 2m min 2m min 6m min	4.72m 2.4m 2.1m 6m	X
Length of wall	15m max	12m	
Roof Form Pitch Eaves	Min 5 degrees Min 600mm to 75%	>5 degrees 600mm to >75%	
Landscaped open space Soft landscaping (small dwelling provisions)	35% of site area (1920m²) 60% of total (1152m² min)	40.5% (2220m²) 74% of total landscape area (1644m²)	
Private Open Space (small dwelling provisions)	Dwellings on Ground 20m² min Dwellings above Ground 9m² min. width of 2.5m	26m² - 44m² 10.5m² width of 2.75m	
Carparking (small dwelling provisions)	40 covered min 9 uncovered visitor min	40 covered 11 uncovered	
As shown in the table above, the proposal is in accordance with the key development parameters except for building height and setbacks which are discussed below.
Building Height
The proposal seeks a building height of up to 8.25m above the NGL in 2 small roof areas of buildings 1 and 2. The encroachment is the result of the fill proposed. Figure 7 below shows a height blanket plan which reveals the 2 areas that exceed 8m above the NGL.

Figure 7 - Height blanket plan showing height encroachment.
Acceptable Outcome AO8.1 seeks a building height of 8m above ethe NGL and therefore the proposal requires assessment against the corresponding PO8 which reads as follows:
Buildings and structures:
(a)  	are low rise and present a building height consistent with structures on adjoining and surrounding premises;
(b) 	are designed to provide an interesting streetscape and complement landform changes and landscapes
(c) 	do not visually dominate the street or surrounding area;
(d) 	maintain a vegetated skyline;
(e) 	do not unreasonably obscure views or lead to overshadowing of neighbouring properties;
(f) 	do not exceed two storeys.
The proposal is generally less than 8m above the NGL and 2 storeys and the encroachments are a small portion of the eave of 2 buildings. The development is generally much lower than 8m and consistent with structures on surrounding land which are constructed 2 storey buildings up to 8m in height.
The roof encroachment would not be seen from the street and is part of an overall well designed articulated buildings that complement the character of Noosaville. While the development does not step down the slope, the proposal is providing a largely accessible development to accommodate and visited by a wide cross section of the community including people with limited mobility.
Given the encroachments are a small area of eaves, it is considered a minor variation and unlikely to be noticeable from the surrounding area, are generally centrally located and will not impede views, overshadow neighbouring properties or create privacy issues as a result of the roof form.
Setbacks
Front Setback
The proposal seeks a small setback variation to 4.72m in lieu of the required 6m to the corner of building 1 located in the northwest corner of the site. The applicants suggests that the front boundary dog legs in this location and the proposal is consistent with the developments building line and this corner has no adjoining building because of the adjoining access handle to the battle axe lot to the rear of the site. Figures 8 and 9 below show the extent of the encroachment.

Figure 8 - Cloud area shows the extent of the variation request

Figure 9 - Variation to the street elevation
It is agreed with the applicant that the variation is minor and is a result of the change in boundary direction and that it is adjacent to an access handle which provides additional separation between the nearby uses. A rainwater storage tank for reuse is located in the corner near the encroachment but there is sufficient space for landscaping to be provided to screen the tank and the building. Furthermore, the rainwater storage appears as part of the side boundary fence. The setback variation is considered minor and raises no concerns. A condition is included to ensure the area is landscaped accordingly.
Built form
Acceptable Outcome 14.1 is relevant to buildings facing or seen from the street and is provided below.
AO14.1
Development provides visual interest to the street and surrounding areas through:
(a) 	highlighting individual dwellings and land uses;
(b) 	an asymmetrical design presentation to the street;
(c) 	offsetting or staggering dwellings to provide variation in the frontage; and
(d) 	varying the roof form
While the development is generally well articulated, building 1’s north elevation and west elevation is seen from the street.
West elevation
The west elevation of building 1 does not include windows and is plane (see Figure 9 above), likely designed for reducing road noise within the dwelling. The corner of this elevation proposes a reduced setback and the elevation is a plane architectural design, does not meet AO14.1. However, when more interest is provided by the further use of external materials, the elevation would comply with AO14.1 and a condition is included accordingly.
North elevation
While the north elevation of building 1 is well articulated and a varied roof form, the design is still symmetrical and does not meet AO14.1. However, if a differing range of external materials were used to each unit, this would create a more asymmetrical design outcome AO 14.1 seeks. Therefore, a condition is imposed to provide different materials to each unit to create an asymmetrical design outcome.
Other relevant assessment provisions
Sustainable Building Design Code
The applicant has provided an assessment against the code. The building design incorporates key measures for sustainable design such as:
Water storage for reuse.
Water sensitive design for the stormwater management and treatment.
Weather protection in the form of eaves and strategic window placement for solar access.
Living areas facing north/north east where practicable.
Generous private open space, exceeding planning scheme requirements.
Soft landscaping in excess of planning scheme requirements and shading over hardstand areas.
Windows positioned to maximise cross ventilation.
Insulation to walls and ceilings.
Clothes drying areas for each unit (not mechanical).
Fence height privacy
Acceptable Outcome AO7 of the Noosaville Local Plan Code, which is provided below, requires development to preserve neighbouring amenity.
AO7.3
Buildings and structures preserve the amenity of adjoining land including sunlight to neighbouring properties.
The proposal seeks a retaining wall along the eastern boundary of up to approximately 950mm above NGL and 850mm above NGL along the southern boundary. When a timber fence is provided on top of the wall it is likely the finished height of the fence in some areas would be approximately 2.75m high and considered not to meet AO7.
While 2.75m height may be acceptable for the adjoining industrial use for a portion of the eastern boundary, it will impact negatively on the neighbouring residential properties. Particularly as the eastern neighbours are lower than the subject site. It is considered a maximum fill of 0.6m and a fence of 1.8m high on top of the retaining wall (providing a fence height maximum of 2.4m) will provide privacy between neighbours without an excessively high wall on the residential boundary. The proposed private open space adjoining these boundaries are sufficiently large enough to be stepped down to accommodate a 1m wide garden provided along the boundary for screening vegetation to ensure privacy between land uses and not negatively impact amenity. A condition is included for fencing to be a maximum of 2.4m above the NGL adjoining residential uses.
Privacy
Upper level units 27 and 28 of building 2 have the potential to overlook the open space of the neighbouring property.
Acceptable Outcome AO20 Medium Density Residential Zone Code is relevant in this situation and is provided below.
O20.1
Buildings and structures:
(a) 	are sited and orientated to minimise the likelihood of overlooking the private open space of adjacent residential uses
The applicant has provided a privacy diagram (see Figure 10 below) to demonstrate that screening devices can be incorporated to these units to mitigate overlooking of the neighbouring property. There is still some concern that overlooking may occur from neighbouring units and a condition is included to ensure privacy is maintained.

Figure 10 - Privacy diagram

Traffic
A review of the applicants traffic assessment was undertaken by Council’s traffic consultant Stuart Holland from Holland Traffic Consultants with the following relevant matters for discussion.
Site access
The development proposes one vehicle access point 7.2m north of the existing pedestrian crossing to safely provide for pedestrian and vehicle movement. An extension to the median is proposed, as shown in Figure 11 below, to ensure a left in left out configuration. However, Stuart Holland indicates that the median should be extended a further 5m north than that proposed to provide certainty of the left in left out movement. The applicant has acknowledged this requirement and a condition is included accordingly.

Figure 11 - Road works proposed
Internal circulation and car parking
All car parking and driveway sizes and turning paths comply with the relevant planning scheme codes and Australian Standards. Furthermore, cars and waste vehicles can enter and leave the site in a forward gear safety.
Stormwater
A bioretention basin is proposed in the south east corner of the site. The site naturally slopes to this corner and the neighbouring property is obligated to take overland flow, as is the current situation. The (SWMP) has been reviewed by an external hydraulic specialist for council and concludes that while the neighbour will still receive overland flow stormwater from the development site, it is likely to be an improvement on the current situation. It is noted the bioretention basins overflow is close to the neighbouring boundary but adequate scour protection is provided to ensure no erosion will occur to the receiving property. Detail is provided below in Figure 12.

Figure 12 - Bioretention basin detail
Acoustic measures
The proposal has frontage to Eumundi Noosa Road and to a low impact industrial use to the rear of the site. To control the impact of the Eumundi Noosa Road noise and any noise emanating from the industrial use to the rear, the applicant has provided an acoustic report which outlines measures to mitigate noise from these sources which generally incorporate glazing treatment and acoustic fencing. A condition is included to ensure these measures are provided to the development.
cONSULTATION
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Officer
Other Referrals
The application was forwarded to the following external experts for review and comment:
Switchback Consulting – Stormwater management and treatment
Holland Traffic Consulting – Carparking, traffic and required road works.
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU20/0150 for a Material Change of Use for 34 Multiple dwellings situated at 101 and 105 Eumundi Noosa Rd Noosaville Qld described as Lot 1 RP 230931 and Lot 1 RP 849431, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU20/0150
Street address:	101 and 105 Eumundi Noosa Rd Noosaville Qld 45661
Real property description:	Lot 1 RP 230931, Lot 1 RP 849431
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use for 34 Multiple dwellings
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions. In this regard, the Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Operational Works
Plan No.	Rev.	Plan/Document Name	Date
DA01	07	Project Summary, prepared by Blackburne Jackson Architecture	01.04.21
DA02	08	Site Plan Level 1 Ground, prepared by Blackburne Jackson Architecture	01.04.21
DA03	06	Site Plan Level 2 Upper, prepared by Blackburne Jackson Architecture	01.04.21
DA04	07	Floor Plan LVL 1 Ground – Building 01, prepared by Blackburne Jackson Architecture	06.04.21
DA05	06	Floor Plan LVL 2 Upper – Building 01, prepared by Blackburne Jackson Architecture	01.04.21
DA06	07	Floor Plan LVL 1 Ground – Building 02, prepared by Blackburne Jackson Architecture	06.04.21
DA07	06	Floor Plan LVL 2 Upper – Building 02, prepared by Blackburne Jackson Architecture	01.04.21
DA08	07	Floor Plan LVL 1 Ground & LVL 2 Upper – Building 03, prepared by Blackburne Jackson Architecture	01.04.21
DA09	07	Floor Plan LVL 1 Ground - Building 04, prepared by Blackburne Jackson Architecture	06.04.21
DA10	06	Floor Plan LVL 2 Upper – Building 04, prepared by Blackburne Jackson Architecture	01.04.21
DA11	06	Elevations - Site, prepared by Blackburne Jackson Architecture	01.04.21
DA12	06	Elevations – Building 01, prepared by Blackburne Jackson Architecture	01.04.21
DA13	06	Elevations – Building 02, prepared by Blackburne Jackson Architecture	01.04.21
DA14	06	Elevations – Building 03, prepared by Blackburne Jackson Architecture	01.04.21
DA15	06	Elevations – Building 04, prepared by Blackburne Jackson Architecture	01.04.21
DA16	04	Elevations – Retaining wall heights, prepared by Blackburne Jackson Architecture	01.04.21
DA17	06	Sections - Site, prepared by Blackburne Jackson Architecture	01.04.21
DA18	06	Sections – Buildings 01 & 02, prepared by Blackburne Jackson Architecture	01.04.21
DA19	06	Sections – Buildings 03 & 04, prepared by Blackburne Jackson Architecture	01.04.21
DA20	06	Materials and Finishes, prepared by Blackburne Jackson Architecture	01.04.21
DA22	06	Site Plan – Landscape and Courtyard Areas, prepared by Blackburne Jackson Architecture	01.04.21
PD23	07	Floor Type & Plans, prepared by Blackburne Jackson Architecture	01.04.21
DA24	06	Height Plane Perspective, prepared by Blackburne Jackson Architecture	01.04.21
DA25	06	Perspective Views, prepared by Blackburne Jackson Architecture	01.04.21
DA26	06	Bldg 1, 2 & 3 Perspectives, prepared by Blackburne Jackson Architecture	01.04.21
Nature and Extent of Approved Use
Thirty three (33) small dwellings and 1 x other dwelling are approved.
Currency Period
This development approval lapses if the use has not happened by 30 April 2027, unless an application to extend the currency period is approved by Council.
Built Form and Development Appearance
The maximum height of the development must not exceed 8 metres above the natural ground level except the roof of buildings 1 and 2 where indicated on the approved plan which must not exceed 8.1m (building 1) and 8.25m (building 2) above the NGL.
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.
Building 1 street (west) elevation must be provided with at least 1 additional external material finish to further add interest to the elevation. Amended plans must be submitted to Council for approval prior to the issue of an operational works approval.
Building 1 north elevation must incorporate an additional mix of external finishes to add interest to the elevation and create an asymmetrical appearance to the dwellings. Amended plans must be submitted for council approval prior to the issue of an operational works approval.
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
The pad mounted transformer must be painted in muted environmental tones to reduce the visual impact of the infrastructure in the streetscape.
The development must use muted environmental colour tones that blend with the natural environment.
Performance Bond
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
A maximum of 0.6m of fill is permitted within 1m of the boundary where adjoining a residential use.
Screening devices to building 2 and 3 must be provided as indicated on the approved plans and where necessary to meet privacy conditions of this Decision Notice.
To ensure privacy is protected between adjoining properties to the south and south east, buildings 2 and 3 must:
provide screening devices to balconies; and/or
have a minimum window sill height or 1.7 metres above floor level; and/or
be fitted with translucent glazing; and/or
be fitted with fixed external screens.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Fencing and Walls
The maximum height any fences adjoining a residential use must not exceed 2.4m above the NGL at any point.
Street fencing must be provided generally as shown on the approved plans.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street. A mix of understorey and taller species must be included.
A privacy fence must be constructed to the full length of the northern, southern and eastern boundaries.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Swimming pool
The swimming pool must be located generally as shown on the approved plans.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice and, in particular, must include the following additional clauses:
The site includes a stormwater management and water quality treatment system.
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).
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.
Land Amalgamation
All properties the subject of the development must be amalgamated into a single lot prior to approval of Building Works.  Certification and evidence of such amalgamation must be submitted to Council prior to commencement of works.
ENGINEERING/TRAFFIC
External Works
Eumundi Noosa Road must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
road works generally in accordance with the Traffic Engineering Report, prepared by TTM dated 11/02/21, amended to extend the median 5m north of the proposed driveway and with the kerbline on the eastern side of the road amended to achieve a minimum southbound carriageway width of 5.5m (3.5m traffic lane and 2.0m on road cycle lane).  “No U-turn” signage provided to prohibit U-turns at both ends of the central median
construction of a pedestrian footpath in accordance with the conditions of this Decision Notice
removal of all existing property access (driveway/crossovers) 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
Site Access and Driveways
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 an Operational Works approval and must include in particular:
a driveway crossover in accordance with Council standard drawings RS-051 and addendums
internal driveway circulation generally in accordance with the Traffic Engineering Report, prepared by TTM and dated 11/02/21 and as amended by this Decision Notice.
Car Parking, Pedestrian and Bicycle Facilities
A minimum of 51 car parking spaces must be provided and marked on the site and made available and accessible at all times. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
11 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use
1 disabled parking space within the total
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a 3 metre wide concrete footpath within the Eumundi Noosa Road road verge, narrowing to no less than 2 metres where constrained - ie. by vegetation, assets etc, from the northern driveway of Lot 1 on RP129020 to the roundabout entrance to the Good Shepherd School ( Lot 1 on SP228052).
This condition is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk infrastructure identified by Council’s LGIP to service the development.
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues.
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details.
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.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated batters must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
HYDROLOGY
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and the Queensland Urban Drainage Manual, and must include in particular:
the works described in Site Based Stormwater Management Plan (prepared by Morgan Consulting Engineers, dated 12/02/2021) and updated to include the approved development layout (changed location of the swimming pool)
the use of gravity stormwater drainage and not surcharge pits.
In conjunction with the application for Operational Works approval, provide CCTV survey of the downstream stormwater network and demonstrate that the system has the capacity assumed in the Site Based Stormwater Management Plan (prepared by Morgan Consulting Engineers, dated 12/02/2021).  Maintenance and rectification of the system is to be undertaken if required to restore system capacity, prior to commencement of works within the development site.
Stormwater Quality Management
A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and the latest version of the Water Sensitive Urban Design Technical Design Guidelines for South East Queensland, and must include in particular:
stormwater quality treatment devices of a size and location generally in accordance with those shown in Site Based Stormwater Management Plan (prepared by Morgan Consulting Engineers, dated 12/02/2021) and updated to include the approved development layout (changed location of the swimming pool)
bioretention devices which:
are designed generally in accordance with the Bioretention Technical Design Guidelines (Water by Design, 2014)
are designed generally in accordance with IPWEQA Standard Drawing No. DS-073, DS-075, DS-076, and DS-078
are provided with a free-draining outlet from the sub-soil drainage system
Permanent educational signage must be erected to educate the public about the function of the bioretention device(s).
All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). Records of all maintenance activities undertaken must be kept and made available to Council upon request
Any proposed Community Management Statement required for the development must include Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) and must include the full cost of maintaining the system in accordance with Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The cost of maintaining the system must be included in the proposed levies for each dwelling owner.
Erosion and Sediment Control
In conjunction with the application for Operational Works approval, provide an erosion and sediment control plan, prepared in accordance with Best Practice Erosion and Sediment Control (IECA, 2008) and which achieves the construction phase stormwater design objectives of the State Planning Policy 2017. In addition, the ESCP is to demonstrate how the downstream residential properties will be protected from increases in peak flows and contaminated (with sediment) site runoff through all stages of construction.
LANDSCAPING
The site must be landscape in accordance with Planning Scheme Policy PSP2 – Landscaping. The works must be undertaken in accordance with an operational works approval and the approved plans and must include in particular:
Suitable screening trees planted within or around the edge of the bioretention basin to help screen the development.
1 x street tree every 8m (location considering sightlines).
1m wide garden to the full length of both side boundaries and rear boundary. The gardens must include screening trees planted at a maximum of 1.5m centres and have a 200mm pot size. The trees must have a mature height of at least 6m. In this regard, each dwellings courtyard garden must include at least 1x 45 litre pot size feature tree within the total.
To soften the street (west) elevation, screening vegetation must be provided both in front and behind the fence so as to provide screening to both the fence and buildings. The screening vegetation must be planted at a maximum of 1.5m centres. In this regard, each dwellings courtyard garden of building 4 must include at least 1x 45 litre pot size feature tree.
Landscaping must effectively screen the western side of the water storage tank which is located in the north west corner of the site.
1 x 45 litre feature shade tree in each garden between the dwellings carports.
Provide a planting and plant schedule including species and pot size.
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.
NOISE
Acoustic treatments (fence and glazing – with exception to the treatments required for the swimming pool) must be incorporated into the development in accordance with the Environmental Noise Impact Report, prepared by Decibel Consulting dated 9 February 2021. Written certification must be provided to Council confirming the acoustic treatments have been incorporated.
Written certification is required from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following:
Air-conditioning and Refrigeration
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable = background + 3dB(A)
Pumps
7am to 7pm: Maximum level allowable = background + 5dB(A)
7pm to 10pm: Maximum level allowable = background + 3dB(A)
10pm to 7am: No audible noise.
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.
DEMOLITION
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council prior to the issue of a Development Permit for Building Works for demolition, to secure the demolition conditions of this approval. The cash bond or trading bank guarantee will be returned on performance of the demolition conditions of this approval less any costs incurred by Council in respect of enforcing performance of these demolition conditions. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Works
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
A Waste Management Plan (demolition) must be submitted in accordance with Planning Scheme Policy PSP10 - Waste Management and approved by Council’s Waste Coordinator prior to issue of a development permit for Building Works for demolition, removal or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free.  Higher gate fees are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The areas for the storage and separation of waste shown on a site plan;
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and
Table – Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s and the like. If the site remains vacant for more than 30 days the lot/s must be turfed or landscaped in accordance with Planning Scheme Policy PSP 2 – Landscaping and to the satisfaction of Council so as to not cause nuisance to the surrounding area.
All waste materials must be removed from site.
Litter, erosion and sediment control
Litter, erosion and sediment control measures must be installed and maintained until soils are stabilised by turf, 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).
Asbestos
Removal of building materials containing asbestos must be undertaken by a licensed asbestos removalist.
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.
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.
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
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.
WASTE DISPOSAL
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9 - Waste Management. The facilities must include an impervious area, within the site, 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.
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.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
Resubmission of Amended Plans Required
The conditions of this Decision Notice require resubmission of plans to Council with amendments. Please address the amended plan/s to Council’s Development Assessment Branch with the Reference No. MCU20/0150 separate to any Operational Works application. To avoid delays and assessment issues with the Operational Works application, it is recommended the plan/s be resubmitted prior to lodgement of any Operational Works application. However, should the plan/s not be submitted, the applicant is advised that a Preliminary Approval for OPW may be issued in lieu of a Development Permit.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Balance Lot for Staged Building Format Plans
In accordance with the Planning Act 2016, any proposal to stage the titling arrangements of the development such that a Building Format Plan is registered with a balance lot for future development will first require a Development Permit for Reconfiguring a Lot be obtained from Council.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
Fires in Urban Areas
Please note that in urban areas of the Noosa Shire Council area, fires are prohibited except where in an appliance used for domestic heating or cooking purposes, which must comply with particular Standards. Any area identified as a fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local Law No. 3, Schedule 3.  Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview

ENVIRONMENTAL HEALTH ADVICE
Building Works
Noise from residential building works shall comply with the following:
Limited to between 6:30am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions
Not permitted on Sunday or public holidays.
Measurement of Noise
Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with either:
Australian Standard AS1055.1 “Acoustics–Description and measurement of environmental noise – General procedures”, or
The relevant “Noise Measurement Manual” as provided by the Department of Environment and Heritage Protection.
A qualified person is considered to be either:
a Registered Professional Engineer of Queensland, or;
an environmental consultant with a minimum of 3 years current experience in the field of acoustics.
Acoustic Advice & Design
It is highly recommended that the developer seek the advice and design input of a qualified acoustic consultant at the plan development stage to ensure the development does not cause a noise nuisance under the Environmental Protection Act 1994.  Attention should be given to the following (but not limited to):
building design and construction
design, selection and installation of fixed plant and equipment
the location of air conditioning and heating units, refrigeration plant, pumps, mechanical exhausts and plant rooms etc
the use of acoustic enclosures/screens around noisy plant and equipment.
operating times.
Environmental Protection
The development should be undertaken in a manner that causes no unlawful environmental nuisance under the Environmental Protection Act 1994 by the creation of excessive noise, lighting, waste, atmospheric pollutants (including dust or odours) or other releases to the environment.
In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint, cement, concrete, builder’s waste or other prescribed contaminants should not to be released to or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.
ENGINEERING ADVICE
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Roadworks, stormwater, earthworks, landscaping and frontage works, driveway
Development Permit for Building Works	All building work.
submissions
Not applicable.
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.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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