Delegated Report - Code - Planning MCU22 0172 · MCU22/0172

Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0172, OPW22/0243, RAL22/0024
Applicant	Integra Partnerships
Proposal	Material Change of Use - Dual occupancy Operational Works - Landscaping, Stormwater, Earthworks, Clearing Vegetation and Driveway Reconfiguring a Lot for a community title subdivision
Properly Made Date	28 September 2022
Information Request Date	21 October 2022
Information Response Date	10 November 2022 (further advice
Decision Due Date	3 February 2023
Report Completed Date	25 January 2023
Report Reviewed By	Nadine Gorton

PROPERTY DETAILS
Property Address	22 Grant St Noosa Heads Qld 4567
RP Description	Lot 90 RP 92518
Land Area	594 m²
Existing Use of Land	Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not Applicable
Local Plan Area	Noosa Heads
Overlays	Landslide Hazard - Moderate
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dual occupancy, Operational Works for Access, Stormwater, Earthworks and Landscaping and Reconfiguring of a Lot – Community Title, subdivision comprising 2 lots and common property.
The dual occupancy is 2 storeys with basement parking, living areas on the second level and 3 bedrooms for each dwelling are located on the upper level.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations

Figure 5 - Render
site details
Background
Council’s information request raised a number of issues for the applicant’s attention, including the design and height requirements stipulated in the Medium Density Residential Code.
The applicant responded to the information request on the 10 November 2022, with a further issues letter issued to the applicant on 1 December 2022 raising similar issues.
Site Description
The site has an existing dwelling that is to be removed to accommodate the new development.  The site is located on the high (eastern) side of Grant Street, with the site sloping up from the street.
Surrounding Land Uses
The area is mostly developed for dual occupancies and multiple dwellings.
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:
Medium Density Residential Zone Code;
Noosa Heads Local Plan Code;
Dual Occupancy & Multiple Dwellings Use Code;
Works Codes;
Landslide Hazard Overlay Code.
The subject site is located in Noosa Heads and is zoned Medium Density Residential. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The proposed dual occupancy is consistent with the zoning intent to provide for medium density dual occupancy and multiple dwellings in a range of dwelling sizes and styles, to meet the needs of current and future resident populations.
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	Planning Scheme	Proposal	Complies
Building height storeys metres	2 storeys max 8 metres	2 storeys 8 metres	
Site cover	40% max	38.9%	
Plot ratio	237 m² max 0.4:1 max.	236 m² plus (26m2 at fireplace area if enclosed) 0.4:1 (to be conditioned)	
Boundary setbacks Frontage Side Side Rear	6 metres min 1.5/2.0/2.5 metres min 1.5/2.0/2.5 metres min 6 metres min	> 6 metres 1.5/2.0/2.5 metres 1.5/2.0/2.5 metres 6.36 metres and greater for building. Pools and decks 1.2-2.6m	x
Length of wall	15 metres max	14.7 metres	
Landscaped open space Soft landscaping	237.75 m² min (40%) 142.6m2 soft min 60% of total	237 m² 170.4 (71%) m²	
Private Open Space	25 m² min	> 25m²	
Carparking	2 covered min 1 other space	4 covered	
Garaging	Staggered or separated 1m	1m	

Building Height
The plans do not show the finished ground level.  The applicant’s consultant suggested that the stairs are the finished ground level.  It is noted that the stairs do not run the entire length of the side boundaries.  In the assessment of this application, it has been interpreted that the finished ground level line is the top of dark grey area shown on the plans.  A condition has been included to ensure the building height (metres and storeys) is as per the basement/ground level definition in Noosa Plan.
Gross Floor Area (GFA)
An area on level 2 shown on the plans as a ‘concrete’ area with a fireplace is capable of being enclosed, enabling this space to be either an outdoor terrace space or an indoor living space. Refer to Figure 6.

Figure 6 – front terrace
The enclosure of this space means that the development will not comply with the maximum gross floor area of 0.4:1.  The applicant’s consultant is agreeable to a condition requesting this area to be unenclosed.  Therefore, a condition will be included that limits the GFA to 0.4:1 and to be in accordance with the approved GFA plan.
Rear Setbacks
Although there are pools and decks proposed in the rear setback, they are around 1.2 metres from finished ground level, but sitting well below the existing ground level.  Therefore, there are no amenity impacts foreseen for neighbouring property.
Design
Issues were raised in the Information request and further issues letter with regard to compliance with AO19.3 of the Medium Density Residential Code.  A parapet on the lower and upper levels was evident for the entire 100% of the frontage of the building, where a maximum of 50% is allowed.  The plans recommended for approval have removed the parapet on the lower floor through the creation of transparent balustrading (and removal of planters), and for the upper level, the wall does not protrude above the roofline.  Refer Figure 7. The upper level while appearing boxy, does comply with AO19.3 of the code.  The front façade is typical of existing buildings found in Noosa Heads.

Figure 7 – roofline

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Officer – comments
The applicant proposes to demolish the existing residence and construct a duplex. As part of the proposed works, an existing stormwater pit and chamber is to be demolished and reconstructed in a more favourable location for the proposed access. The existing stormwater pit and connecting infrastructure are not mapped on Council’s Stormwater overlay. Additional information was provided to Council demonstrating the full extent of works, including how the proposed stormwater pit would connect in Council’s existing stormwater system and construction details of the chamber and pipes. On-site manoeuvrability is not required as part of the development and the stormwater system has been designed to consider flow from the upstream properties. Engineering believe that relevant compliances can be achieved and recommend the following conditions.

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 MCU22/0172, OPW22/0243, RAL22/0024 for a Material Change of Use - Dual occupancy, Operational Works - Landscaping, Stormwater, Earthworks, Clearing Vegetation and Driveway and Reconfiguring a Lot for a community title subdivision situated at 22 Grant St Noosa Heads and described as Lot 90 RP 92518, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0172, OPW22/0243, RAL22/0024
Street address:	22 Grant St Noosa Heads Qld 4567
Real property description:	Lot 90 RP 92518
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 - Dual occupancy
Development Permit for Reconfiguring a Lot – Community Title Subdivision (2 lots)
Development Permit for Operational Works – Access, Civil Works, Landscaping, Stormwater
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Material Change of Use
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.
Plan No.	Rev.	Plan/Document Name	Date
DA1.05	RFI#3	Proposed Site Plan, drawn by Black Wood Architecture & Design	9/01/2023
DA2.01	RFI#3	Basement, drawn by Black Wood Architecture & Design	9/01/2023
DA2.02	RFI#3	Ground Floor, drawn by Black Wood Architecture & Design	9/01/2023
DA2.03	RFI#3	Level 01, drawn by Black Wood Architecture & Design	9/01/2023
DA2.04	RFI#3	Roof, drawn by Black Wood Architecture & Design	9/01/2023
DA3.01	RFI#3	North Elevation, drawn by Black Wood Architecture & Design	9/01/2023
DA3.02	RFI#3	East Elevations, drawn by Black Wood Architecture & Design	9/01/2023
DA3.03	RFI#3	South Elevation, drawn by Black Wood Architecture & Design	9/01/2023
DA3.04	RFI#3	West Elevation, drawn by Black Wood Architecture & Design	9/01/2023
DA4.01	RFI#3	Section A, drawn by Black Wood Architecture & Design	9/01/2023
DA4.02	RFI#3	Section B, drawn by Black Wood Architecture & Design	9/01/2023
DA5.01	RFI#3	Site cover & GFA, drawn by Black Wood Architecture & Design	9/01/2023
DA6.1	RFI#3	Materials & Finishes, drawn by Black Wood Architecture & Design	9/01/2023
Currency Period
This development approval lapses if the use has not happened by 25 January 2029, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 8 metres above the ground level as defined by Noosa Plan and be a maximum of 2 storeys.
The building must be constructed in accordance with the basement definition in Noosa Plan.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Plot ratio
The development must not exceed a plot ratio of 0.4:1 in accordance with approved plan DA5.01.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Building Works or 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.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
not exceed a maximum height of 1.2m
be of open construction.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Landscaping Works
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 (PSP 2 – Landscaping) and must include in particular:
the works shown on the Approved Plans;
Exotic plant species should be largely present around the pool areas and not in the front setback.
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.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Site Specific Conditions
The existing stormwater pit must be demolished and reinstated to match the existing kerb. A new stormwater inlet pit and barrier kerb must be constructed and connected to Council’s existing downstream stormwater network. The works must be undertaken in accordance with the conditions of this Decision Notice and be generally in accordance with RECOR’s Stormwater Layout Plan (20220218 – 040) dated 6 December 2022.
External Works
Grant Street must be upgraded for the length of its frontage to the subject site.  The works must be undertaken generally in accordance with the conditions of this Decision Notice, RECOR’s Layout Plan (20220218 – 010) dated 9 November 2022 and must include in particular:
construction of a 1.5 metre wide pedestrian footpath in accordance with the conditions of this Decision Notice;
removal of the existing property access and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed.
Condition 17 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Site Access and Driveways
A sealed access driveway must be provided from Grant Street to all parking and manoeuvring areas of the development. The works must be undertaken generally in accordance with the conditions of this Decision Notice and RECOR’s Roads & Drainage Layout Plan (20220218 – 010 dated 9 November 2022.
Car Parking
The site must be provided with a minimum of 4 car parks. The works must be undertaken in accordance with the conditions of this Decision Notice be generally in accordance with RECOR’s Layout Plan (20220218 – 010) dated 9 November 2022.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken generally in accordance with the conditions of this Decision Notice and RECOR’s Layout Plan (20220218 – 040) dated 6 December 2022.
Services
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.
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
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 generally in accordance with the conditions of this Decision Notice, be generally in accordance with RECOR’s Bulk Earthworks Layout Plan (20220218 – 020) dated 6 December 2022 and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
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.

RECONFIGURATION OF LOT
Plan Sealing
Prior to Council issuing the Plan Seal, all works described within this Decision Notice must be completed and accepted by a Council representative.
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
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.
Plan No.	Rev.	Plan/Document Name	Date
-	-	Proposed Community Title Subdivision Plan, drawn by JL 28/09	-
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
Currency Period
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 25 January 2029, unless an application to extend the currency period is approved by Council.

OPERATIONAL WORKS
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.
Plan No.	Rev.	Plan/Document Name	Date
20220218 – 010	01	Layout Plan Prepared by RECOR	6 December 2022
20220218 – 020	01	Bulk Earthworks Layout Plan Prepared by RECOR	6 December 2022
20220218 – 021	01	Earthworks Longitudinal Sections Prepared by RECOR	6 December 2022
20220218 – 040	02	Stormwater Layout Plan Prepared by RECOR	6 December 2022
20220218 – 045	01	Stormwater Catchment Layout Plans Prepared by RECOR	6 December 2022
20220218 – 062	02	Driveway Long Section Prepared by RECOR	6 December 2022
ED22295 OPW-2 (sheet 2 of 5)	D	Planting Plan - Front, prepared by Element Design Landscape Architecture	04.11.2022
ED22295 OPW-3 (Sheet 3 of 5)	D	Planting Plan – Rear, prepared by Element Design Landscape Architecture	04.11.2022
ED22295 OPW-4 (Sheet 4 of 5)	D	Details Plan, prepared by Element Design Landscape Architecture	04.11.2022
ED22295 OPW-5 (Sheet 5 of 5)	D	Plant List and Specification, prepared by Element Design Landscape Architecture	04.11.2022

CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 25 January 2025, unless an application to extend the currency period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Bonds
A site control and/or compliance bond of $10,000 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.
Bonds must:
meet the requirements of council’s relevant Planning Scheme Policy for performance and uncompleted works.
be calculated using a schedule of works and relevant bond equation.
include GST.
have approval of the bond calculations and amount from Council prior to lodgement.
be lodged with Council and accompanied by the Bond Administration Fee/s.
be requested for release by writing to Council, when relevant approval requirements have been met.
Engineering
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.
A condition report of the drainage system must be completed for agreement at the prestart meeting. The condition report is to include a CCTV inspection of the existing pipe and must include at least 50m upstream and downstream of all works.
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.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
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:
Civil engineering works;
Other relevant parties
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
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;
Maintenance of safe vehicle and pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased;
Proposed fencing to the site during the construction phase of the development;
Adequate parking arrangements for construction workers.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures.
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.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
Engineering
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.
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.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
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.
Works within Road Reserve/Reinstatement
Safe vehicle and pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
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.
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
All pathways must be constructed in accordance with the following requirements:
All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065.
Provision must be made for disabled access at all kerb crossings associated with pathways, in accordance with Council's current standards.
All paths must have a slip resistant surface.
Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth ride for cyclists.
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.
Pathways must:
terminate in a manner that ensures smooth transition to existing surfaces for public safety;
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
Driveway crossovers must be constructed in accordance with council’s Standard Drawings RS-049, RS-050 and any associated addendum.
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.
The following must be complied with during the construction of the required crossover/driveway:
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete.
The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties.
Underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway.
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.
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
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 2’ 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.
Fall protection must be provided to retaining walls that are over 1m high.
Slope and batters are a maximum grade of:
1 in 4 for grassed areas.
1 in 3 for planted areas
1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
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).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection Regulation 2019) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Sediment and erosion control measures must be in place prior to works commencing. If such measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such fines can be issued if sediments from the site are found to enter or have the potential to enter Council’s stormwater system, natural waterways, any downstream stormwater filtration system or adversely impacting on other properties.  The sediment and erosion control design and measures have NOT been approved, it is the site's Supervising Engineer who is responsible for ensuring that the sediment and erosion control measures have:
Been duly designed by an RPEQ or CPESC and constructed in accordance with "best practise" methods,
Been revised by an RPEQ or CPESC to address the issues raised by changes in the projected construction schedule and/or methods,
Been revised to address predicted rainfall events, and
Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be found inefficient.
The erosion and sediment control measures must be designed, installed and maintained in accordance with the supervising engineer instructions and the current best practice standards * (Refer to Advisory Note).
The developer must ensure sediment does not leave the site or enter onto adjoining properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or machinery. It is essential to implement appropriate approved erosion and sediment control measures throughout the site during all phases of construction including vehicle shakedown pad/grid (or similar) at the access to the construction site. Where sediments or other contaminants are deposited on a road, they must be removed so as not to enter Council’s drainage system or waterways.
Prior to the completion of the development and commencement of use, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
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.
PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY
Certification
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.
As Constructed Plans and ADAC XML Files (Council)
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:
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;
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.
The “As-Constructed” drawings will require certification by a:
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;
Licensed Surveyor in regard to the cadastral and locational information, levels and applicable survey datum.
The data must be in accordance with Council’s “Planning Scheme Policy 6 – Engineering Design Standards”, and fully detail the levels for all engineering works including but not limited to the drainage network and structures, finished ground and pavement surface levels.
On Maintenance
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:
certification that all works have been undertaken and completed in accordance with the requirements of this Permit;
as Constructed details in accordance with Council’s Planning Scheme Policy;
maintenance and operational manuals for all proprietary or site specific devices.
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection.
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
a Council inspection reveals works do not comply with approval requirements;
submitted certification falsely states works comply with approval requirements.
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.

LANDSCAPING
PRIOR TO COMMENCEMENT OF WORKS
A prestart meeting must be organised with Council’s delegate by calling 5329 6500 (giving at   least five business days’ notice). The prestart meeting must be attended by the responsible persons for:
a.       Landscape works.
b.       Tree protection requirements.
DURING CONSTRUCTION
General
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.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
All relevant Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
Landscaping Works
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)
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.
Landscape works must:
Delineate all planting to any grassed area interfaces with a hard / timber / concrete / spade cut edge.
Ensure amenity or sales signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
d.  	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)
Turfed areas must be free of pest, diseases and weeds and level with adjoining surfaces.
Soil for landscaping must:
Provide for healthy and sustained site specific vegetation performance; and
comply with AS 4419, Soils for landscaping and garden use.
FOLLOWING CONSTRUCTION
Supervision/Certification
Prior to commencement of use the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification confirming all works have been constructed in accordance with conditions of approval.
(* Refer to Advisory Note)

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:
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
Community Title Scheme - Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority.
General Advisory Notes
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-049, RS-050 and any associated addendum.
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.
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.
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
Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5 business days’ notice of preferred inspection time.
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.
A minimum maintenance period of 12 months will apply to all municipal works and thereafter until such time as the works are performing in accordance with the approved design unless noted otherwise.
Environmental Advisory Notes
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
Accepted best practice standards include International Erosion Control Association Australasia Best Practice Erosion and Sediment Control.
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).
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the plan sealing inspection:
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
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.
Retention of Existing Trees
All trees detailed for retention must be protected in accordance with best arboricultural               best industry practices.
Qualified Person, for the purpose of:
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.
Undertaking landscape construction and establishment works is considered to be a person with five years current experience in commercial landscape construction projects.
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 Specifying Trees – a guide to assessment of tree quality (NATSPEC) assessment and either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Landscape Works
The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges Register where:
An inspection revealed that any constructed landscape works do not comply with the conditions of the Decision Notice, Approved Plans and or Approved Documents
Certification is submitted to Council falsely stating that works comply with the approved plans, documents and or conditions of the Decision Notice.

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 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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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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