Delegated Report - Code - Planning MCU22 0146

Author	Development Planner, Georgina Schramm
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0146, OPW22/0213, RAL22/0019
Applicant	Integra Partnerships
Proposal	Material Change of Use - Dual occupancy Operational Works - Roadworks, Landscaping, Stormwater & Clearing Vegetation, Reconfiguration of a Lot (subdivision by Community Title Scheme – 1 into 3 lots) Building works assessable against the Planning Scheme – Demolition
Properly Made Date	8 August 2022
Information Request Date	23 September 2022
Information Response Date	4 November 2022
Further Advice Request Response	18 November 2022 24 November 2022
Decision Due Date	9 December 2022
Report Completed Date	7 December 2022
Report Reviewed By	Lisa Pienaar

PROPERTY DETAILS
Property Address	14 Wyandra St Noosa Heads Qld 4567
RP Description	Lot 44 RP 139776
Land Area	820m²
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not Applicable
Local Plan Area	Noosa Heads
Overlays	Bushfire Hazard
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dual occupancy, Operational Works - Roadworks, Landscaping, Stormwater & Clearing Vegetation, and Reconfiguration of a Lot (subdivision by Community Title Scheme – 1 into 3 lots).
It is proposed that the Duplex will have a share a single vehicle crossover, with a shared entryway which provides access to each respective unit. Both units are two (2) storey, double garage with an open paved courtyard central to each unit.
The development does not comply with both the eastern and western side boundary setbacks. The applicant seeks a siting variation of 1.2 metres in lieu of 1.5 metres for the lower level unit ‘studios’. The area of encroachment is a distance not greater than 6.4 metres.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan Unit 1 Lower

Figure 4 – Floor Plan Unit 1 Upper

Figure 5 – Floor Plan Unit 2 Lower

Figure 6 – Floor Plan Unit 2 Upper

Figure 7 – Street Elevation

Figure 8  – Street Elevation Render

Figure 9 – Concept Plan of Subdivision
site details
Background
Information Request was issued on 23 September, response provided 4 November.
Further Advice was issued on 18 November relating to plot ratio, manoeuvring and vehicle crossover, response was provided on 24 November.
Site Description
The site currently houses a two-storey dwelling with frontage to Wyandra Street. The premises is 819.15m2 in size and has a gradual fall to the west.
Surrounding Land Uses
Land adjacent to the site is park land, land north of the site is a single dwelling. The subject site and existing sites along Wyandra and Safari Street has been rezoned with the new planning scheme (Noosa Plan 2020).

Figure 9 – Changes in zoning from Noosa 2006 and Noosa Plan 2020
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 and Multiple Dwelling Use Code;
Works Codes;
Bushfire 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 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
AREA	819.15m2
Building height storeys metres	- 2 storeys max 8 metres	- 2 storeys 7.95 metres	-
Site cover	40% max 327.66m2	39.3% 321.61m2	
Gross floor area Plot ratio	327.66² max 0.4:1 max.	327.17m² 0.4:1	
Boundary setbacks Wyandra St East West Rear	6 metres min 1.5m 2.0/2.5 metres min 1.5m 2.0/2.5 metres min 6 metres	6 metres 1.2m (distance of less than 6.4m) >2.5m 1.2m (distance of less than 6.4m) >2.5 m 6 metres	X X
Length of wall	15 metres max	<10metres	
Landscaped open space Soft landscaping	327.66m² min (40%) 196.59m2 min 60% of total	352m2 270m2	
Private Open Space	25m² min	> 85m²	
Carparking	2 covered min 1 visitor	4 covered	
Sustainable water quantity	3,000L water tank	2x 5000L	
Building Setbacks
Side Setback
AO12.1 Buildings and structures meet the following minimum boundary setbacks:
for frontages — 6 metres
for side boundaries—
1.5 metres setback up to 4.5 metres height;
2 metres setback between 4.5 metres and 7.5 metres height; and
2.5 metres where above 7.5 metres height
for the rear boundary - 6 metres

PO12 Buildings and structures are designed and sited to:
provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual and acoustic privacy;
not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises;
provide adequate distance from adjoining land uses;
preserve existing vegetation that will help buffer development;
allow for space and landscaping to be provided between buildings including adequate area at ground level for landscaping with trees, shrubs, outdoor living and utilities;
be consistent with the predominant character of the surrounding area; and
protect the natural character and avoid adverse impacts on ecologically important areas such as national parks, waterways and wetlands.
The proposed building setback does not comply with both the eastern and western side boundary setbacks. The applicant seeks a siting variation of 1.2 metres in lieu of 1.5 metres for the lower level unit ‘studio’ rooms. The area of variation is a distance not greater than 6.4 metres.
The remaining portion of the building on the lower levels is setback a distance greater than 2.5 metres. The adjoining site is currently a single storey dwelling, which is currently under assessment for redevelopment for a duplex. The proposed relaxation of 30cm for the lower level will not introduce overlooking, reduce the ability to landscape between the buildings or have an appearance of bulk. The subject application and proposed adjoining existing and proposed development does not raise conflict with PO12. The reduced side boundary setback of 1.2 metres is reasonable.
AO19.2 Development does not include rooftop terraces.
PO19 Roof forms:
contribute positively to the local skyline;
complement the character of the locality and the topography of the site;
avoid box profiles/parapets; and
do not create opportunities for overlooking the private open space or internal spaces of neighbouring properties.
A rooftop terrace for each dwelling is proposed above both of the unit’s garages. Both rooftop terraces have been concentrated central to the site and are partly roofed. Unit 1’s terrace is well screened from the streetside whereas, Unit 2 has proposed brick balustrade to fence the terrace area which allows for surveillance to the street. The extent of overlooking from the terrace is considered to be no greater than expected for a balcony or habitable room at the same height. Further to this, the terraces have been designed with varying horizontal and vertical elements and materials to complement the streetscape and provoke interest. The terraces comply with the Performance outcome PO19.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Development Engineer
The applicant proposes to demolish the existing residence and construct a duplex. The contents of the joint application did not include sufficient detail to demonstrate that the proposed access would be constructed in accordance with RS-049 and that the development would allow vehicles to manoeuvre on site. An amended plan demonstrates that vehicles can manoeuvre on site, with a slightly non-standard crossover. Engineering do not believe the width is necessary and have conditioned the crossover to be constructed in accordance with RS-049. Engineering believes 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 MCU22/0146, OPW22/0213, RAL22/0019 for a Material Change of Use - Dual occupancy situated at 14 Wyandra St Noosa Heads Qld 4567 and described as Lot 44 RP 139776, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0146, OPW22/0213, RAL22/0019
Street address:	14 Wyandra St Noosa Heads Qld 4567
Real property description:	Lot 44 RP 139776
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 Building Works – Demolition
Development Permit for Operational Works – Roadworks, Landscaping, Stormwater & Clearing Vegetation
Development Permit for Reconfiguring a Lot – Subdivision by Community Title Scheme (1 into 3 lots)
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
Material Change of Use
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.
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	G	Proposed Site Plan, prepared by Blackwood Architecture & Design	22 November 2022
DA2.01	G	Lower Floor Unit 1, prepared by Blackwood Architecture & Design (as annotated by Council)	22 November 2022
DA2.02	G	Upper Floor Unit 1, prepared by Blackwood Architecture & Design	22 November 2022
DA2.03	G	Roof Unit 1, prepared by Blackwood Architecture & Design	22 November 2022
DA2.04	G	Lower Floor Unit 2, prepared by Blackwood Architecture & Design (as annotated by Council)	22 November 2022
DA2.05	G	Upper Floor Unit 2, prepared by Blackwood Architecture & Design	22 November 2022
DA2.06	G	Roof Unit 2, prepared by Blackwood Architecture & Design	22 November 2022
DA3.01	G	North Elevation, prepared by Blackwood Architecture & Design	22 November 2022
DA3.02	G	East Elevation, prepared by Blackwood Architecture & Design	22 November 2022
DA3.03	G	South Elevation, prepared by Blackwood Architecture & Design	22 November 2022
DA3.04	G	West Elevation, prepared by Blackwood Architecture & Design	22 November 2022
DA3.05	G	Section A, prepared by Blackwood Architecture & Design	22 November 2022
DA3.06	G	Section B, prepared by Blackwood Architecture & Design	22 November 2022
DA3.07	G	Section C, prepared by Blackwood Architecture & Design	22 November 2022
DA3.08	G	Section D, prepared by Blackwood Architecture & Design	22 November 2022
DA3.09	G	Section E, prepared by Blackwood Architecture & Design	22 November 2022
OPW-01	D	Sheet 01 – Site Layout Plan, prepared by Element Design	23 November 2022
OPW-02	D	Sheet 02 – Planting Plan, prepared by Element Design	23 November 2022
OPW-03	D	Sheet 03 – Details Plan, prepared by Element Design	23 November 2022
OPW-04	D	Plant Lists & Specifications Plan, prepared	23 November 2022
-	-	Community Title Subdivision Plan prepared back Jack Lewis	25 August 2022
Currency Period
This development approval lapses if the use has not happened by 9 December 2028 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 finished ground level and the natural ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
Performance Bond
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 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.
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.
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 above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like.
The areas shown as ‘services’ below the stairway are not to have a building height of a habitable room, and are to be  for services only
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Protection of Privacy
The upper level ‘deck’ of Unit 2 must include planter boxes positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property.
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.
Fencing, Walls and Screening
Fencing must:
Be located wholly within lot boundaries.
Front fences are no more than 1.2 metres high or 1.8 metres if at least 50% transparent.
Be setback with dense screening landscaping between boundary and fence
Landscaping Works
The development site must be landscaped. The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan and Planning Scheme Policy PSP2 - Landscaping for that specific area and must include in particular:
the Landscaping Plans & Details shown on Sheets 1, 2, 3 & 4, dated 13 November 2022, prepared by Element Design Landscape and Architecture, with the exception of:
the following species requiring substitution with either species from the Noosa Plan – PSP2 - Landscaping preferred list or native endemic species to Noosa:
Heliconia 'Hot Rio Nights', Parrot’s beak - not endemic
Dwarf Mondo Grass - not endemic
Provision of 1 x 45 litre pot size street tree within the road reserve for every 8 metres of road frontage.
External Works
Wyandra Street must be upgraded for the length of the lots frontage to the subject site.  The works must be undertaken generally in accordance with the conditions of this Decision Notice and must include in particular:
construction of a pedestrian footpath in accordance with the conditions of this Decision Notice; and
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.
Site Access and Driveways
A sealed access driveway must be provided from Wyandra Street to all parking and manoeuvring areas of the development. The works must be undertaken generally in accordance with RECOR’s Proposed Layout (20220171 Revision 03) dated 22 November 2022 must include in particular:
a driveway crossover generally in accordance with RS-049, RS-050 and any associated addendum.
All vehicles must be able to enter and exit the site in a forward gear. The internal driveway must provide sufficient area to permit vehicles to access the site/space in a forward gear, manoeuvre on site and exit the site in a forward gear in a total of 3 movements.
Car Parking
A minimum of four (4) car parking spaces must be provided and marked on the site. The works must be undertaken in accordance with the conditions of this Decision Notice and must include in particular:
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development.  The works must be undertaken generally in accordance with the conditions of this Decision Notice and must include in particular:
A 1.8 metre wide footpath within the road verge for the entire length of the site’s frontage to Wyandra Street. The footpath must be constructed generally in accordance with RS-065 and RECOR’s Proposed Layout (20220171 Revision 03) dated 22 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 Stormwater Management plan (20220171 Revision 02) dated 3 November 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, 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.
DEMOLITION WORKS
CURRENCY PERIOD
The Currency Period for this aspect of the development approval lapses if the development has not happened by 9 December 2024, unless an application to extend the currency period is approved by Council.

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.
RECONFIGURING A LOT
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.
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
-	-	Community Title Subdivision Plan prepared by Jack Lewis	25 August 2022
Currency Period
This development approval lapses if the use has not happened by 9 December 2028 unless an application to extend the currency period is approved by Council.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the setback/s to any new boundaries for any existing buildings remaining on the site comply with the relevant provisions of the planning scheme and the Building Act 1975, unless varied by this Decision Notice
all constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement
all utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement
all retaining walls and structures are fully contained within the lot they retain
any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties
for the community title scheme, the road pavement changes required by this Decision Notice accurately demarcate the boundaries of the public and private land.
Property Access and Driveways
The residential driveway to No. 14 Wyandra Street must be constructed to ensure that maximum sight distances can be achieved. The works must be undertaken generally in accordance with the conditions of this Decision Notice and generally in accordance with RS-049, RS-050 and any associated addendum. The location of the driveway must be as shown on the Approved Plans.
Vehicle access to Wyandra Street is limited to the constructed driveway only.  A clause must be included in the contract of sale for the site which requires vehicle access to be from the constructed driveway only, and which prohibits the driveway from being relocated without Council agreement.
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
20220171-010	3	Proposed Layout Prepared by RECOR As Amended by Council	22 November 2022
20220171-020	2	Earthworks Plan Prepared by RECOR	3 November 2022
20220171-040	2	Stormwater Layout Plan Prepared by RECOR As Amended by Council	3 November 2022
20220171-041	2	Stormwater Details Prepared by RECOR	3 November 2022
20220171-064	1	Driveway Vertical Profile Prepared by RECOR	3 November 2022
ED 22262 OPW-02	D	Planting Plan Prepared by Element Design Landscape Architecture	August 2022
ED 22262 OPW-03	D	Planting Plan Prepared by Element Design Landscape Architecture	August 2022
ED 22262 OPW-04	D	Planting Plan Prepared by Element Design Landscape Architecture	August 2022
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 9 December 2024, unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITION
A 1.8 metre wide footpath within the road verge for the entire length of the site’s frontage to Wyandra Street. The footpath must be constructed generally in accordance with RS-065 and RECOR’s Proposed Layout (20220171 Revision 03) dated 22 November 2022.
PRIOR TO COMMENCEMENT OF WORKS
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 including photographs of the frontage of the site must be completed and submitted to council prior to the prestart meeting.
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;
Landscape works;
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
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
Landscaping Works
Public amenity trees must:
Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC).
Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines.
Be located from services and infrastructure a minimum of:
6m from electricity poles and pillars.
4m from street lighting.
2m from stormwater catchment pits.
2m from any adjoining driveway.
Engineering
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.
The relevant conditions of the higher order Material Change of Use approval MCU22/0146 and Reconfiguration of Lot approval RAL22/0019 to which this approval relates.
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
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
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 must 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 must 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 6 where in proximity to waterbodies
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 must 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.
Landscaping, including all assets and improvements within parks, open space and road reserves areas are to be shown on an accompanying separate landscape plan (prepared in .dwg file format with accompanying hardcopy PDFs) and include a complaint ADAC XML file.  Details of the landscaping and all associated assets and improvements may be included in the ADAC XML digital file prepared for associated civil infrastructure, or alternatively, be provided as a separate ADAC XML digital file containing landscape and asset information only.
On Maintenance
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
Maintenance periods* must be:
12 months for Street Tree Landscape.
If the Street Tree has died or is performing poorly during the 12 month period and a replacement tree was required the maintenance period will restart from the date the replacement tree was planted.
*(Refer to Advisory Note)
Prior to requesting an On Maintenance inspection the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification.
Specifying Trees: a guide to assessment of tree quality (NATSPEC) certification (addressing each specimen).
On Maintenance management includes:
Establishing and maintaining the works in accordance with the intent and requirements of all approvals.
Replacement of dead or poorly performing street tree with a species from the PSP2 – Landscape ‘preferred species’ list that meets Specifying Trees – a guide to assessment of tree quality (NATSPEC).
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection.
Off Maintenance inspections must be requested only after the works are confirmed in good order including:
Rectifying any damaged grassed areas.
Topdressing to grassed areas.
Remulching, fertilising and aeration of garden areas.
Replacement of plant material.
Removal of plant material impeding regulation sightlines.
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.
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.
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
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
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
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
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
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
Performance Bond:
may be drawn upon by Council if:
Where a replacement tree has not been installed or is performing poorly or died during the 12 month maintenance period and not replaced.
will be returned upon receiving certification from the site Arborist that all requirements nominated within this Decision Notice have been completed.
Qualified Person
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.
Landscape Works
Public amenity trees are defined as any tree located within public streets, parks or areas that will become publically owned as a result of this development.
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.
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 (excluding demolition of existing Dwelling House).
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 online at www.noosa.qld.gov.au or at Council Offices.

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Version: 1, Version Date: 26/08/2022