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SUPERSEDED Negotiated Decision Notice OPW25 0042 (As Published) · OPW25/0042
Officer: Daniel Epps
Direct Telephone: 07 5329 6245
Our Reference: OPW25/0042
Your Reference: 22070
26 September 2025
Calile Malouf Investments P/L TTE
C/- Project Urban
PO Box 6380
MAROOCHYDORE QLD 4558
[email protected]
Dear Sir/Madam,
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On
23 September 2025, Council decided your representations. This negotiated decision notice
replaces the decision notice of 12 August 2025.
Details of the negotiated decision are as follows:
1. APPLICATION DETAILS
Application No: OPW25/0042
Street address: 3 & 7 Serenity Cl, Noosa Heads Qld 4567
Real property description: Lot 11 SP 195871, Lot 10 SP 335472
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council on 12 August 2025, decided to issue the following type of approval:
• Operational Works - Drainage Works, Earthworks
In relation to representations, Council on 23 September 2025 decided to:
A. Amend conditions 11d iv, 11g & 11h; and
B. Refuse the representations made to Conditions 5, 11c & 13 for the following reasons:
1. Council has decided to refuse the representations made to Condition 5. The $100,000
compliance bond is imposed to secure the performance of the conditions held within
this Operational Works permit, not the conditions of the higher order Material Change
of Use permit (132008.176.05).
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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2. Council has decided to refuse the representations made to Condition 11c. The
proposed haulage route is likely to experience degradation due to the geometry of the
roads (i.e., roundabouts, tight turns, extent of road furniture, up-and-down grades, etc.).
Council acknowledges the haulage route west of the Webya Road/Noosa Drive
currently experiences substantial traffic volumes; however, these volumes are unlikely
to consist of heavy vehicles under load. Council believes the condition is reasonable
and relevant and is in the best interest of both parties to protect themselves during
haulage works.
3. Council has decided to refuse the representations made to Condition 13. The bond is
imposed to secure the performance of any municipal asset(s) and provides a financial
incentive for the applicant to undertake the necessary maintenance and/or rectification
works on the asset during the maintenance period and before asset handover to
Council. Council will not accept an asset as ‘on maintenance’ without a municipal works
bond (referred to as a ‘Maintenance Bond’).
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
APPROVED PLANS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
A6769-24-EW01 A EARTHWORKS LAYOUT – SHEET 1 27 February
2025
Prepared by ALTA
A6769-24-EW02 A EARTHWORKS LAYOUT – SHEET 2 27 February
2025
Prepared by ALTA
A6769-24-EW03 A EARTHWORKS SECTIONS SHEET 1 27 February
2025
Prepared by ALTA
A6769-24-EW04 A EARTHWORKS SECTIONS SHEET 2 27 February
2025
Prepared by ALTA
A6769-24-EW05 A EARTHWORKS SECTIONS SHEET 3 27 February
2025
Prepared by ALTA
A6769-24-EW06 A EARTHWORKS DETAILS – SHEET 1 27 February
2025
Prepared by ALTA
A6769-24-EW07 A EARTHWORKS DETAILS – SHEET 2 27 February
2025
Prepared by ALTA
A6769-24-D01 B DRAINAGE LAYOUT 12 March
2025
Prepared by ALTA
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A6769-24-D02 A RIP & RIC DETAILS 27 February
2025
Prepared by ALTA
A6769-24-D03 B DRAINAGE CROSS SECTIONS – 12 March
SHEET 1 2025
Prepared by ALTA
A6769-24-D04 A DRAINAGE CROSS SECTIONS – 27 February
SHEET 2 2025
Prepared by ALTA
A6769-24-D05 A DRAINAGE CROSS SECTIONS – 27 February
SHEET 3 2025
Prepared by ALTA
A6769-24-D06 A DRAINAGE CROSS SECTIONS – 27 February
SHEET 4 2025
Prepared by ALTA
A6769-24-D07 A DRAINAGE LONG SECTION 27 February
2025
Prepared by ALTA
A6769-24-D08 A RAPID INFILTRATION DEVICE SITE 27 February
LAYOUT & CATCHMENT PLAN 2025
Prepared by ALTA
A6769-24-D09 A RAPID INFILTRATION CULVERT ‘RIC’ 27 February
LAYOUT 2025
Prepared by ALTA
A6769-24-D10 A RAPID INFILTRATION CULVERT ‘RIC’ 27 February
SECTION 2025
Prepared by ALTA
A6769-24-WQ01 A WATER QUALITY LAYOUT 27 February
2025
Prepared by ALTA
A6769-24-WQ02 A WATER QUALITY DETAILS 27 February
2025
Prepared by ALTA
A6769-24-CA01 A EXTERNAL CATCHMENT LAYOUT 27 February
2025
Prepared by ALTA
A6779/25/SWMP OpW(A) STORMWATER MANAGEMENT PLAN – Feb 2025
Operational Works
Prepared by ALTA
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CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 12 August 2027, unless an application to extend the currency period
is approved by Council.
SITE SPECIFIC CONDITIONS
Pavement Impact Assessment
3. A one-time Pavement Impact Offset payment of $3,145 must be submitted to Council prior
to the pre-start meeting.
4. The developer shall bear all costs associated with the repair of any damage to Council assets
resulting from haulage operations. This includes, but is not limited to, damage to roads,
kerbs, footpaths, and other infrastructure. Where such damage poses a hazard to the
community or may lead to further deterioration, repairs must be undertaken immediately.
Bonds
5. A site control and/or compliance bond of $100,000 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.
6. Bonds must:
a. have approval of the bond calculations and amount from Council prior to lodgement.
b. be lodged with Council and accompanied by the Bond Administration Fee/s.
c. be requested for release by writing to Council, when relevant approval requirements
have been met.
Overland Flow Path
7. The final planting of the overland flow path undertaken as part of a future permit for
Operational Works – Landscaping must remain consistent with the design roughness values.
The base of the channel must remain either grassed or rock-lined and not be planted.
RIP 3B and RIP 5
8. The final planting of RIP 3B and RIP 5 (as shown on the Approved Plans) undertaken as part
of a future permit for Operational Works – Landscaping must provide surface levels, or an
overland flow path, that will allow any surcharge flows to drain to a lawful point of discharge.
Earthworks Haulage Hold Point
9. A construction hold point meeting with a Council delegate is required if haulage operations
are not completed by 1 December 2025. Council may, at its discretion, direct the applicant
to halt all haulage operations until the end of the school holidays.
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10. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system, natural waterways, any downstream stormwater filtration
system or adversely impacting on other properties. The sediment and erosion control design
and measures have NOT been approved, it is the site's Supervising Engineer who is
responsible for ensuring that the sediment and erosion control measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods;
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods;
c. Been revised to address predicted rainfall events; and
d. Achieve the desired environmental outcomes.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
11. An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
submitted to Council for agreement prior to the pre-start meeting and must specifically
address the following:
a. All recommendations identified in the Road Safety Audit (included in reference
documents).
b. Methods for addressing traffic impacts identified in the Traffic Impact Assessment
(included in reference documents) and including:
i. Demonstrating how the project will ensure haulage does not exceed 75 inbound
or 75 outbound trucks per day, and no more than 10 trucks in / 10 trucks out per
hour.
ii. How truck movements will be monitored and verified (e.g. through delivery
dockets, traffic counters, or similar).
c. A Dilapidation Report for the haulage route commencing from the Serenity Close cul-
de-sac and concluding at the Reef – Eenie Creek roundabout (inclusive). The report
must include:
i. a video inspection of the defined route; and
ii. an itemised list of each existing defect.
d. Construction/Traffic Management during all aspects of the construct phase including:
i. A Parking Management Plan for construction workers
ii. A waste collection/haulage conflict management plan prepared in collaboration
with Noosa Council’s Waste Team identifying waste collection times and haulage
schedules designed to avoid traffic conflicts.
iii. 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.
iv. Restricting on-street car parking to facilitate safe turning widths for HV’s.
v. Maintenance of safe vehicle and pedestrian access across the frontage of the
site both during daily construction and after daily construction has ceased.
vi. Proposed fencing to the site during the construction phase of the development.
e. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures.
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f. Works programme identifying key components of the works and their respective
durations.
g. Establishment of a communication protocol in the form of an information and response
website, and correspondence to adjoining owners, emergency services and local
businesses to advise of agreed construction times, impacts on traffic and services and
other relevant issues.
h. Include a post out to the local residents and businesses along the haulage route from
the Serenity Close cul-de-sac to the Leslie/Noosa Drive bridge advising of the
proposed development including the expected time frames and the site contact details.
i. 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.
j. identification of complaint management procedures including:
i. contact details for the on-site manager.
ii. dispute resolution procedures.
k. details on the location of external fill/dump sites/sources, the haulage route, type of
vehicle to be utilised during filling operations and frequency of usage. Note any
damage to the existing road system as a result of haulage operations shall be fully
repaired at the applicant’s expense.
12. All works must be carried out in accordance with a site specific Geotechnical Report prepared
by a qualified person* and endorsed prior to a prestart meeting.
*(Refer to Advisory Note)
13. Prior to the commencement of municipal works associated with this development, Council
requires the provision of a bank guarantee, or a cash bond, of not less than 10% (minimum
of $5000) of the value of the municipal works.
14. Any changes to the details associated with the supervising RPEQ or Principal Contractor
during construction, must be notified to council in writing within five business days of the
change occurring.
15. Any conflict between the development and an existing or proposed service must be referred
to the relevant service authority for determination prior to commencement of works.
16. 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.
17. Copies of the approved plans, duly signed by the consultant Registered Professional
Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer
Construction at the prestart meeting. All plans must be issued “FOR CONSTRUCTION”.
18. A condition report of the drainage system must be completed for agreement prior to Council
attending the prestart meeting.
The condition report is to include CCTV inspection of the existing stormwater network
commencing from the existing stormwater pit and manhole fronting 6 Serenity Close (Lot 0
on SP188261) and concluding at the existing 600x600 grated field inlet (shown as “1/1” on
the Approved Plans).
19. 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.
20. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
21. 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:
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a. Civil engineering works;
b. Erosion and sediment control works;
c. Other relevant parties.
22. Implement all recommendations and communication strategies as identified in condition 11.
DURING CONSTRUCTION
Engineering
23. 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.
24. 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.
25. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice;
b. The relevant conditions of the higher order Material Change of Use approval viz.
132008.176.05 to which this approval relates;
c. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines; and
d. 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
26. 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 Development Engineering Officer must be notified prior to the proposed
closure and all requirements complied with.
27. 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.
28. 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.
Earthworks and Retaining Walls
29. All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development, with geotechnical testing
undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as
defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and
uniformity of fill shall be provided by a RPEQ and submitted to Council prior to Council signing
the Plan of Survey.
30. All earthworks and associated batters/retaining structures, both above and below ground
level, both temporary and permanent, must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council.
31. Fall protection must be provided to retaining walls that are over 1m high.
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32. Slope and batters are a maximum grade of:
a. 1 in 6 where in proximity to waterbodies;
b. 1 in 4 for grassed areas;
c. 1 in 3 for planted areas; and
d. 1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
33. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
34. 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).
35. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
36. Prior to the completion of the development, all site surfaces must be effectively stabilised
using methods which have achieved effective short-term stabilisation, and which will continue
to achieve effective stabilisation in the medium- to long-term (refer to E&SC Advisory Notes).
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.
Bioretention Basins – Construction
37. During construction and establishment of the bioretention devices, the supervising RPEQ
must ensure that the device was constructed in accordance with the document Construction
and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by
Design, 2009) and that the forms contained in section 3.15 including the associated
supporting information and data are completed. These forms and certification from the RPEQ
that the device has been constructed in accordance with the Construction and Establishment
Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009), all
conditions of approval, and the approved engineering drawings must be submitted to Council
prior to commencement of use.
38. A construction hold point with a council delegate shall be established once the bioretention
device underdrainage pipe work is installed. At the time of inspection, a sample of the
drainage layer, transition layer, and filtration media materials must be stockpiled onsite.
Laboratory results must be provided for the filter media which demonstrate that the media
complies with the specifications contained in the latest version of the “Guidelines for Soil
Filter Media in Bioretention Systems” (produced by the Facility for Advancing Water
Biofiltration) and that the minimum hydraulic conductivity specified on the approved
engineering plans will be achieved. In addition, laboratory results must be provided
demonstrating that the transition layer and drainage layer meet the following bridging criteria:
a. D15 (drainage layer) ≤ 5 × D85 (transition layer)
b. D15 (transition layer) ≤ 5 × D85 (filter media).
39. The drainage layer, transition layer, and filtration media materials must not be installed until
the catchment draining to the bioretention device has 70% groundcover as determined by
Council’s delegate.
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Erosion and Sediment Control
40. Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
Regulation 2019) must not be released from the site or to waters within the site, or be likely
to be released should rainfall occur, unless all reasonable and practicable measures are
taken to prevent or minimise the release and concentration of contamination. These
measures must be designed, implemented and maintained in accordance with “Best Practice
Erosion and Sediment Control” published by the International Erosion Control Association
(Australasian Chapter) (IECA, 2008), to the extent that such measures and practices are also
consistent with the following:
a. Minimise Erosion:
i. For areas of the site which drain to a sediment basin, implement drainage and
erosion control measures prior to rainfall which prevent or minimise rill erosion
and gully erosion
ii. For areas of the site which do not drain to a sediment basin, implement drainage
and erosion control measures prior to rainfall (including contingency measures)
which prevent or minimise erosion, including rain drop erosion, chemical erosion,
rill erosion and gully erosion
iii. Prior to the sealing of the plan of survey for the development, all site surfaces
must be effectively stabilised using methods which have achieved effective short-
term stabilisation and which will continue to achieve effective stabilisation in the
medium to long-term. For the purpose of this condition, an effectively stabilised
surface is defined as one that does not, or is not likely to result in visible evidence
of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead
to water contamination.
b. Manage concentrated stormwater flows
i. Prior to each rainfall event ensure concentrated stormwater flow paths are
provided with capacity in accordance with IECA (2008) Table 4.3.1 and are
structurally stable in all rainfall events for the following sources:
a) From stormwater catchments upslope of the area of disturbance which are
either stable or external to the site, ensure stormwater is diverted or
managed either:
I. around the site or through the site without causing erosion and
without contaminating the flow; or
ii if it is impractical to convey the flows around or through the site,
convey the flows into appropriately sized sediment basins without
causing erosion.
b) From all disturbed areas of the site to sediment basin(s) without causing
erosion
c. Minimise sediment released from the site.
i. Prior to each rainfall event ensure concentrated stormwater flow paths are
provided with capacity in accordance with IECA (2008) Table 4.3.1 and are
structurally stable in all rainfall events for the following sources:
a) Each basin is sized and operated in accordance with either a Type-A or
Type-B sediment basin as documented in IECA (2008) Appendix B (June
2018).
b) Each basin is to be provided with an automated system of flocculent dosing
and a suitable supply of flocculent/coagulant, with the type of
flocculent/coagulant determined based on Chemical Coagulants and
Flocculants Fact Sheet (IECA, 2018).
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c) Markers are provided within each basin indicating the maximum sediment
storage level and any additional water storage capacity for water reuse.
d) During discharge from the primary outlet system, the concentration of total
suspended solids (“TSS”) discharged does not exceed 50mg/L and that pH
is within the range of 6.5-8.5 unless entering a naturally acidic environment.
ii. Install and maintain additional sediment control measures within the site, as
necessary to maximise sediment capture.
iii. Minimise the tracking of dirt from the site onto roadways. Ensure that all dirt on
roadways caused by vehicles leaving the site is removed without causing water
contamination, prior to rainfall and at least at the end of each work day.
41. Earthworks and the implementation of erosion and sediment controls are undertaken in ways
which ensure flooding characteristics (including stormwater quantity characteristics) external
to the development site are not worsened during construction for all events up to and
including the 1% AEP (1 in 100 year ARI) event.
42. Drainage paths must be regularly inspected to ensure the sediment fences/measures are not
being bypassed as a result of sediment build up. Sediment laden runoff must be prevented
from leaving the subject site and entering neighbouring properties and/or stormwater
systems.
43. Soil exposure must be limited on the site to a distance of no more than 2m beyond the extent
of earthworks shown on the approved plans except where the exposed soil is effectively
stabilised without delay and prior to rainfall occurring.
44. A log book for the Erosion and Sediment Control measures and inspections must be
maintained by the site manager and made readily available to Council when requested. The
supervising engineer must verify and endorsed the E&SC measures upon their installation,
and periodically check these measures and the log book during construction and the
stabilisation stages. Any defects in erosion and sediment control devices, such as sediment
fences, are to be inspected and documented. Upon Inspection, the contractor is to determine
whether the device should be replaced or repaired. Documentation is to include how the
damage was caused and what measures can be implemented to reduce the possibility of
repeat occurrences. Any damage to either permanent or temporary water quality control
structures or devices is to be immediately rectified at the contractor’s expense.
The effectiveness of the erosion and sediment control devices must be monitored. All ESC
measures are to be inspected:
a. at least daily (when work is occurring on site) or weekly (when work is not occurring on
site); or
b. within 24 hours of expected rain; or
c. within 18 hours of a rainfall event (i.e. an event of sufficient intensity and duration to
mobilise sediment on site).
Damage to Services and Assets
45. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
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FOLLOWING CONSTRUCTION
Certification
46. 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.
47. A condition report of the drainage system must be completed for agreement prior to the
acceptance of “On Maintenance”.
The condition report is to include the following CCTV inspections:
a. inspection of the proposed stormwater network, commencing from the existing
600x600 grated field inlet (shown as “1/1” on the Approved Plans) and concluding at
the existing headwall outlet (shown as “OUT/1” on the Approved Plans). The inspection
is to include reporting on all pipes and structures.
b. inspections of the existing stormwater network commencing from the existing
stormwater pit and manhole fronting 6 Serenity Close (Lot 0 on SP188261) and
concluding at the existing 600x600 grated field inlet (shown as “1/1” on the Approved
Plans).
As Constructed Plans and ADAC XML Files (Council)
48. Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory
“As-Constructed” records must be submitted to Council. The bundle of “As Constructed”
information shall include:
a. As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing
file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the
accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
b. ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed)
prepared in accordance with industry standards and recorded in “MGA - UTM56 /
GDA94” projection.
Please Note: Further information and advice relating to the as-constructed drawing
presentation, as-constructed survey capture and associated guidelines for preparation
of a compliant ADAC XML digital file are available on the webpage titled “As-
Constructed Guidelines” and accessible at the Noosa Council Website: Planning &
Development / Development Tools & Guidelines / As-Constructed Guidelines.
c. The “As-Constructed” drawings will require certification by a:
i. Qualified experienced Civil Engineer (RPEQ) confirming design intent and
conformance with applicable standards and specifications, along with the
relevant descriptions of assets, services and structures and;
ii. Registered Cadastral Surveyor (Qld) in regard to the cadastral and locational
information, levels and applicable survey datum.
d. The data must be in accordance with Council’s “Planning Scheme Policy 6 –
Engineering Design Standards”, and fully detail the levels for all engineering works
including but not limited to the drainage network and structures, finished ground and
pavement surface levels.
On Maintenance
49. All municipal works must be accepted ‘On Maintenance’ by Council in accordance with
Council’s relevant Planning Scheme Policy prior to plan sealing. To achieve ‘On
Maintenance’, the supervising RPEQ must submit to Council:
a. certification that all works have been undertaken and completed in accordance with the
requirements of this Permit;
b. as Constructed details in accordance with Council’s Planning Scheme Policy; and
c. maintenance and operational manuals for all proprietary or site specific devices.
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Off Maintenance
50. Prior to requesting an Off Maintenance inspection, the developer must provide a written
request for the Off Maintenance inspection.
51. A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged
where:
a. a Council inspection reveals works do not comply with approval requirements; or
b. submitted certification falsely states works comply with approval requirements.
52. A final inspection and approval of the completed reinstatement works by Council’s Inspector
is required. Please contact Council on 5329 6500 to arrange for the inspection.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
BBNE01676- 1 Overland Flow Assessment 9 June 2025
0001-REP-001
Prepared by Engeny
22BRT0122 N.A. Traffic Impact Assessment (TIA) Prepared by N.A.
Colliers
N.A. N.A. Traffic Guidance Scheme Prepared by AVADA N.A.
Traffic
25040286 0 Traffic Management Plan Prepared by AVADA 28/04/2025
Traffic
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
General Advisory Notes
1. As this driveway is a private structure, the owner bears full responsibly for the standard of its
construction, maintenance and any liabilities associated with its construction. It is
recommended that professional advice be sought for the construction of the driveway to
ensure that the driveway is constructed in accordance with standard drawings RS-051.
2. 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.
3. 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.
4. 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.
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Prestart, On and Off Maintenance Inspections Request
5. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
6. 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.
7. 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.
Qualified Person
8. For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability
for the development, a qualified person is considered to be a person who:
a. is a Registered Professional Engineer of Queensland (RPEQ); and
b. has a degree in civil engineering or engineering geology; and
c. has a minimum of 5 years experience in the field of geotechnical engineering or
engineering geology.
Environmental Advisory Notes
9. 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
10. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
11. 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).
12. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
a. Methods of stabilisation are:
• appropriate for slopes and slope lengths; and
• are consistent with best practice environmental management practices such as in
the Manual for Erosion and Sediment Control or the IECA Manual; and
b. Stormwater runoff from the site is not currently, and is not likely to result in visible
evidence of sedimentation or erosion, or lead to water contamination.
Performance Bond Agreement
13. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
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Road Reserve Permit
14. This development permit provides the applicant with written authority to undertake the
prescribed works. Any additional activities that are undertaken inside Council’s road reserve
for the purpose of acting on this development permit may require a Road Reserve Permit.
These additional activities may include, but are not limited to, hoarding, pedestrian
diversions, laneway closures, etc. To apply for a Road Reserve Permit, or for more
information, Contact Council’s Road Reserve Officer at [email protected] Act 2014 – Fire Ant Control
15. Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
individuals and businesses are responsible for ensuring that they follow the movement
controls for specific organic materials to help prevent the spread of fire ants within South
East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
ant biosecurity zone may need a biosecurity instrument permit. More information is available
on https://www.fireants.org.au/treat/business-andindustry/movement-controls.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Landscaping, Roadworks, External Works,
Access
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
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13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Daniel Epps
Senior Development Engineer
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 12 August 2025.
• Negotiated Decision Notice – 23 September 2025, with an amendment to conditions 11c, 11d iv, 11g and 11h.
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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Document Set ID: 24143123
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