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Negotiated Decision Notice - MCU22 0196 & OPW22 0295 [As Published] · MCU22/0196
Officer: Nadine Gorton
Direct Telephone: 07 5329 6316
Our Reference: MCU22/0196
Your Reference: 0433
17 October 2023
Looroo Pty Ltd TTE
C/- Pivotal Perspective Pty Ltd
4/59 Mary Street
NOOSAVILLE QLD 4566
[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
10 October 2023, Council decided your representations. This negotiated decision notice replaces
the decision notice of 21 July 2023.
Details of the negotiated decision are as follows:
1. APPLICATION DETAILS
Application No: MCU22/0196 and OPW22/0295
Street address: 130 and 132 Gympie Terrace, Noosaville
Real property description: Lot 2 and Lot 3 MCH 3881
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council on 21 July 2023, decided to issue the following type of approval:
• Preliminary Approval for Material Change of Use - Multiple Dwelling (4 Units)
• Preliminary Approval for Operational Works – Landscaping, Stormwater & Earthworks
In relation to representations, Council on 10 October 2023 decided to:
A. Agree to amend Condition 3;
B. Disagree to delete Condition 5;
C. Amend condition 5;
D. Include new Operational Works conditions 1 to 43; and
E. Issue a Development Permit for a Material Change of Use – Multiple Dwelling (4 units) and
Operational Works – Landscaping, Stormwater & Earthworks.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
MATERIAL CHANGE OF USE
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Currency Period
2. This development approval lapses if the use has not happened by 27 July 2029, unless an
application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Building Works*.
Plan No. Rev. Plan/Document Name Date
C1.0 - Basement Floor Plan, prepared by Chris 07.09.2023
Clout Design
C1.1 - Ground Floor Plan, prepared by Chris Clout 07.09.2023
Design
C1.2 - Upper Floor Plan, prepared by Chris Clout 07.09.2023
Design
C1.3 - Roof Plan, prepared by Chris Clout Design 07.09.2023
C2.0 - Elevations, prepared by Chris Clout Design 07.09.2023
C3.0 - Sections, prepared by Chris Clout Design 07.09.2023
C3.1 - Sections, prepared by Chris Clout Design 07.09.2023
Building Height
4. The maximum height of the development must not exceed 8 metres above the natural ground
level and the exposed portion of the external façade of the building, except for the apex of
the roof of the units which must not exceed 8.535 metres.
5. The ground around the basement level is to be backfilled to ensure no part of the basement
is above finished ground level.
6. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the buildings do not exceed the maximum height requirement of this Decision
Notice.
Performance Bond
7. Security in the form of a cash bond or trading bank guarantee to the sum of $40,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Building Works. 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.
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Water & Sewer Connections
8. An underground connection to reticulated water and sewerage must be provided to the
premises in accordance with the standards and requirements of Northern SEQ Distributor–
Retailer Authority (Unitywater).
9. 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 premises.
Built Form
10. One of the four (4) Multiple Dwelling units is to be:
a. accessible by a safe, continuous and step free path of travel from the street entrance of
the property or from a car parking space;
b. has a step-free entrance door with opening width of at least 820 millimetres; and
c. contains a bathroom on the entry level.
Building Appearance
11. External design features, materials and finishes must be as shown on the Approved Plans,
with no inclusions or alterations made without approval in writing by Council.
12. External finishes of the building must be a mix of lightweight and textured external finishes,
with masonry areas incorporating a variety of textured finishes to break up the surface.
13. All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or
the like thus remaining as open structures.
14. All balustrades to decks and balcony areas must be open or transparent.
15. External colours and finishes must be of an understated colour scheme and low-reflective
roofing and cladding materials.
16. All air conditioning units or other mechanical equipment must be fully enclosed or screened
such that they are not visible from the street frontages nor adjoining properties.
17. Waste storage areas, clothes drying areas and external storage areas must be screened
from view of the street.
Fencing and Walls
18. Any street fencing must not exceed 1.8 metres in height, be set back an average of 1 metre
and articulated to provide visual interest by stepping the design. Any fencing on the front
boundary must either:
a. not exceed a maximum height of 1.2 metres;
b. be of open construction.
19. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
Landscaping Works
20. The development site must be landscaped in accordance with the PSP2 – Landscaping. The
works must be undertaken in accordance with the Noosa Plan for that specific area and must
include in particular:
a. a minimum 2 metre landscape setback on the front boundary, excluding driveway
areas;
b. the works generally shown on the approved landscape plan except where varied by
the conditions of this approval;
c. planting of shrubs and trees to the site’s frontage that will visually frame and soften the
presentation of the built form to the street;
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d. provision of screen planting along the side and rear boundaries to protect the privacy
of adjoining properties;
21. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures healthy, sustained and
vigorous plant growth. All plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached.
Waste Management
22. A waste storage area must be provided in accordance with Planning Scheme Policy 9, Waste
Management and the Noosa Plan’s Waste Management Code, including an external
imperviously paved area correctly sized for all refuse and recycling containers and suitably
screened from public places and neighbouring properties.
Community Management Statement
23. 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.
24. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice and, in particular, must include the following
additional clauses:
a. The dwelling units are not permitted to be used for short term accommodation, unless
where identified as accepted development by the Noosa Plan or where there is a
Development Permit for Material Change of Use for Short Term Accommodation in
effect. Short term accommodation means the use of the premises for providing
accommodation of less than 3 consecutive months to tourists or travellers.
ENGINEERING
Bonds
25. A site compliance bond of $50,000 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.
26. Bonds must:
a. meet the requirements of council’s relevant Planning Scheme Policy for performance
and uncompleted works;
b. be lodged with Council and accompanied by the Bond Administration Fee/s; and
c. be requested for release by writing to Council, when relevant approval requirements
have been met.
External Works
27. Gympie Terrace must be upgraded for the length of its frontage to the subject site. The
works must be undertaken in accordance with the conditions held within this Decision Notice,
and must include in particular:
a. construction of a 2.0-metre-wide pedestrian footpath in accordance with the conditions
of this Decision Notice; and
b. removal of the existing property access and reinstatement of the kerb, footpath and
verge area to match the balance of the site frontage, including the provision of topsoil
and turf where the existing verge is grassed.
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Site Access and Driveways
28. A sealed access driveway must be provided from Gympie Terrace to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
the conditions held within this Decision Notice.
29. Access onto Gympie Terrace is limited to ‘left-in, left-out’ only.
Car Parking
30. A minimum of 9 car parking spaces must be provided on site. The works must be undertaken
in accordance with the conditions held within this Decision Notice and must include in
particular:
a. 1 visitor parking space within the total and are accessible at all times for visitor use;
b. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
Pedestrian and Bicycle Facilities
31. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with the conditions held within this Decision Notice and must
include in particular a 2.0-metre-wide footpath within the road verge for the entire length of
the site’s frontage.
Stormwater Drainage
32. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with the conditions held within this
Decision Notice.
Services
33. Reticulated electricity and telecommunication services must be provided to each unit in
accordance with the standards and requirements of the relevant service provider.
34. 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.
35. 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
36. 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.
37. 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.
38. 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
39. All fill and associated batters must be undertaken in accordance with the conditions held
within this Decision Notice and be contained entirely within the subject site unless written
permission from the respective landowner(s) is provided to Council.
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40. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
Damage to Services and Assets
41. 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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OPERATIONAL WORKS
APPROVED PLANS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The plans must be amended to incorporate the
amendments listed within the table below and resubmitted to Council prior to the issue of any
Development Permit for Building Works*.
Plan No. Rev. Plan/Document Name Date
32225-OW3.1 B Earthworks Plan 6 September
2023
prepared by SCG Consulting
32225-OW3.2 A Earthworks Sections 6 September
2023
prepared by SCG Consulting
32225-OW4.1 B Driveway & Access Plan 6 September
2023
prepared by SCG Consulting
32225-OW4.2 B Driveway Levels 6 September
2023
prepared by SCG Consulting
32225-OW4.3 Driveway Details September
2022
prepared by SCG Consulting
32225-OW6.1 Signage Plan September
2022
prepared by SCG Consulting
32225-SW1.1 B Stormwater Management Plan 6 September
2023
prepared by SCG Consulting
32225-SW1.2 Stormwater Details September
2022
prepared by SCG Consulting
CD-001 A Specification Notes, prepared by, Project 23/06/2023
Urban
CD-100 B Basement Floor, prepared by, Project 19/09/2023
Urban
CD-102 B Upper Floor Plan, prepared by, Project 22/09/2023
Urban
CD-200 A Construction Details, prepared by, Project 23/06/2023
Urban
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
CD-000 B Cover Sheet, Prepared by, Project Urban 19/09/2023
CD-101 C Ground Floor Plan, prepared by, Project Urban 22/09/2023
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Amendments • Substitute Syzygium ‘Tiny Trev’ with Syzygium australe
• Substitute Melaleuca ‘Mini Quini’ with Callistemon viminalis ‘Slim’
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 16 October 2025, unless an application to extend the currency period
is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
3. 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.
4. 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.
5. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
6. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The
pre-start meeting must include the relevant parties for the following aspects of the works:
a. Civil engineering works; and
b. Other relevant parties
7. A Construction Management Plan must be submitted to Council prior to the pre-start meeting
and must specifically address the following:
a. Traffic Management during all aspects of the construct phase including:
i. A Traffic Management Control Plan in accordance with Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction;
ii. Maintenance of safe vehicle and pedestrian access across the frontage of the
site both during daily construction and after daily construction has ceased;
iii. Proposed fencing to the site during the construction phase of the
development;
iv. Adequate parking arrangements for construction workers; and
v. Maintenance and protection of water quality and existing drainage lines
through the construction site through the implementation of appropriate
erosion and sediment control measures.
8. 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.
9. 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.
LANDSCAPING - PRIOR TO COMMENCEMENT OF WORKS
10. Prior to any works commencing.
a. Receipt of amended plans approval required.
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LANDSCAPING - DURING CONSTRUCTION
11. Landscape works must be supervised, undertaken and certified by qualified persons*. All
works must be completed in accordance with this Decision Notice.
(* Refer to Advisory Note)
12. Where damage occurs to any Council asset as a result of the development works, it must be
repaired immediately where it creates a hazard that presents risk to person or property. Other
damage must be repaired prior to completion of works.
13. Landscape works must:
a. Ensure amenity or sales signage and ancillary infrastructure is not installed within the
road reserve.
b. Ensure permanent irrigation is not installed within the road reserve.
c. Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of
foreign matter including anthropogenic waste, rock, soil/sediment contamination and is
applied to all planting areas to ensure a minimum 100mm depth once settled.
DURING CONSTRUCTION
Engineering
14. 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.
15. 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.
16. 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
MCU22/0196 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
17. 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.
18. 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.
19. 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.
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Pathways
20. All pathways must be constructed in accordance with the following requirements:
a. All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065.
b. Provision must be made for disabled access at all kerb crossings associated with
pathways, in accordance with Council's current standards.
c. All paths must have a slip resistant surface.
d. Expansion and contraction joints must provide a flush finish. Installation of joints by
saw cutting is preferred to ensure a smooth ride for cyclists.
e. The required work includes any modifications to ensure the footpath finishes flush with
all existing service covers and the like, or alternatively these services are raised or
altered, so as not to create a pedestrian safety hazard.
21. Pathways must:
a. terminate in a manner that ensures smooth transition to existing surfaces for public
safety.
b. be designed and constructed to comply with the Disability Discrimination Act (DDA),
Access to Premises Standard, Austroads and relevant sections of AS1428 Design for
access and mobility.
Site Access and Driveways
22. Driveway crossovers must be constructed in accordance with council’s Standard Drawings
RS-049, RS-050 and any associated addendum.
23. 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.
24. The following must be complied with during the construction of the required
crossover/driveway:
a. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete;
b. The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties;
c. Underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway;
d. Where there is an existing pedestrian path, a matching crossfall must be provided for
the driveway on the alignment of the path, for the full width of the path.; and
e. The property access must be located a minimum of 1m clear of existing power poles,
streetlights or other signage. The developer is responsible for any necessary relocation
of existing services to provide this clearance and must contact the relevant service
authorities and comply with their requirements in relation to these works..
Earthworks and Retaining Walls
25. All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development, with geotechnical testing
undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2’ as
defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and
uniformity of fill shall be provided by a RPEQ and submitted to Council prior to the
commencement of the use.
26. All Dewatering activities and the treatment of Acid Sulfate Soils must be undertaken in
accordance with the following technical reports:
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a. Pacific Geotech’s Acid Sulfate Soil Report (PG-9236) dated November 2022; and
b. ADG Consulting’s Dewatering Management Plan (ADG1451.22) dated February 2023.
27. Fall protection must be provided to retaining walls that are over 1m high.
28. 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
29. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
30. 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).
31. 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
32. 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.
33. 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.
Council may request further controls to be installed should the implemented measures be
found inefficient.
34. 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).
35. 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.
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36. 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
37. 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.
FOLLOWING CONSTRUCTION
Certification
38. 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)
39. 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);
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. Licensed Surveyor in regard to the cadastral and locational
information, levels and applicable survey datum; and
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
40. All municipal works must be accepted ‘On Maintenance’ by Council in accordance with
Council’s relevant Planning Scheme Policy prior to the commencement of the use. To
achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
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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.
Off Maintenance
41. Prior to requesting an Off Maintenance inspection the developer must provide a written
request for the Off Maintenance inspection.
42. 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; and
b. submitted certification falsely states works comply with approval requirements.
43. 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.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Infrastructure Charges
1. 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
General Advisory Notes
2. As this driveway is a private structure, the owner bears full responsibly for the standard of its
construction, maintenance and any liabilities associated with its construction. It is
recommended that professional advice be sought for the construction of the driveway to
ensure that the driveway is constructed in accordance with standard drawings RS-049, RS-
050 and RS-056.
3. 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.
4. 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.
5. 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
6. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
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7. 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.
8. A minimum maintenance period of 12 months will apply to all municipal works and thereafter
until such time as the works are performing in accordance with the approved design unless
noted otherwise.
Environmental Advisory Notes
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.
Building and Construction Industry (Portable Long Service Leave) Levy
13. 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.
Qualified Person
14. Qualified Person, for the purpose of:
a. Supervising landscape works and preparing a landscape certification, is considered to
be a landscape architect, landscape designer or horticulturist with a minimum of three
years current experience in the field of landscape design.
b. Undertaking landscape construction and establishment works is considered to be a
person with five years current experience in commercial landscape construction
projects.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
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9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work
10. SUBMISSIONS
Not applicable.
11. 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.
12. 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,
Nadine Gorton
Acting Coordinator Planning
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 21 July 2023.
• Negotiated Decision Notice – 10 October 2023, with an amendment to conditions 3 & 5 for Material Change of Use and additional
conditions for Operational Works 1 through to 43.
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Document Set ID: 22622601
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Used in these records
Negotiated Decision Notice - MCU22 0196 & OPW22 0295 [As Published].pdfRelated documentApplication case desk ↗
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