Council Report RAL21 0017

Author	Patrick Murphy
Coordinator Development Assessment

APPLICATION DETAILS
Applicant	JNE Developments
Proposal	Reconfiguring a Lot – 1 Lot into 10 lots and 1 drainage lot
Properly Made Date	9 August 2021
Information Request Date	13 September 2021
Information Response Date	18 November 2021
Decision Due Date	20 January 2022
Number of Submissions	Not applicable

PROPERTY DETAILS
Property Address	25 Pavilion Street Pomona Qld 4568
RP Description	Lot 21 SP 316902
Land Area	2.997ha
Existing Use of Land	Vacant – dam and orchard on part of land

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential Rural
Precinct	Not applicable
Local Plan Area	Pomona Local Plan Area
Overlays	Biodiversity, Waterways and Wetlands Overlay Area of Biodiversity Significance MSES Values Area Subject to Riparian Buffer Waterway Bushfire Hazard Overlay Medium Potential Bushfire Intensity Potential Impact Buffer Flood Hazard Overlay Waterway Flooding and Inundation Extent
Assessment Type	Code

proposal
The applicant seeks to reconfigure the existing 2.997ha lot into 10 lots plus a drainage lot.
The proposal lot sizes are:

Lot number	Size	Lot number	Size
1	1,000m2	7	1,001m2
2	1,002m2	8	1,001m2
3	1,002m2	9	1,069m2
4	1,002m2	10	1.641ha
5	844m2	600 contains bioretention basin	1,274m2
6	1,028m2		

It is proposed to construct a new road off Pavilion Street with each of the lots gaining access off the new road. The new road has been designed to provide connectivity with future development which may occur on the adjoining lot to the north. A significant portion of the site is subject to flooding however the new lots and building envelope to the larger lot are located outside of the area subject to flooding, apart from lot 10, with the proposed building envelope for lot 10 impacted under a climate change scenario for the 1%AEP. The applicant proposes to undertake earthworks, both cut and fill, to achieve flat building envelopes. The earthworks result in retaining walls to lot 1 - 3 and 7 – 9, the retaining walls range from 1.0 metre to 2.5 metres in height. 2 vegetation covenants is proposed within proposed lot 10 over the mapped waterway, with rehabilitation occurring within both areas.
The following images detail Locality Plans and the proposed reconfiguration layout.

Figure 1 – Locality Plan

Figure 2 – Locality Plan

Figure 3 – Reconfiguration Plan

Figure 4 – Earthworks Plan – retaining walls shown in red

site details
Background
In August 2016 a Development Permit for a Reconfiguration of a Lot (1 lot into 2 lots) was approved at 27 Pavilion Street (MCU16/0022). This created a new 3,598m2 lot containing an existing house and outbuildings and a 2.992ha balance lot.
In April 2020 a minor change application was approved which included an extension to the currency period until 19 March 2022 and lots 20 and 21 have since been registered. The following image details the approved plan, Lot 21 is the site for the current application

Figure 5 – Approved Plan (MCU16/0022)

In June 2020 a pre-lodgement meeting was held with the current applicant regarding the reconfiguration of the site into 11 lots. The issues raised at the pre-lodgement meeting included:
Constraints within the Rural zoned land
Form of internal road and connectivity with adjoining lot to the north
Flood constraints
Stormwater quality and quantity
Extent of filling
The mapped waterway
Creation of covenant over Riparian Buffer area

Site Description
The site is generally rectangular shape with a narrow entrance passage situated between 2 residential lots at the Pavilion Street entrance. The site is characterised by a slope which runs from the east to west, higher land is situated to the eastern half of the site which is reflected in the split zoning with the Low Density Residential zone land located to the east and the Rural zoned land subject to flooding located to the west. An orchard is in the eastern part of the site with the reminder of the site occupied by scattered native vegetation. A mapped waterway dissects the centre of the site and a Riparian Buffer is located adjacent to the western boundary.

Figure 6 – Split zoning (Low Density Residential to east/Rural zone to west)

Figure 7 – Riparian Buffer and mapped waterway

Figure 8 – Extent of Flood Hazard Overlay

Figure 9 – Applicant’s flood study with proposed lot layout superimposed
Surrounding Land Uses
North – Several Low Density Residential lots are located to the eastern part of the site with the remainder undeveloped. Like the subject site the lot is split zoned, the higher ground zoned for Low Density Residential, while the lower flood affected area is zoned Rural.
South – Pomona showgrounds and caravan park.
East – Pavilion Street
West – A Rural zoned lot which contains several waterways, is flood affected and generally contains pasture type land.
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;
Noosa Plan 2020.
State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for an urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are relevant to the development:
Low Density Residential Zone Code;
Rural Zone Code;
Pomona Local Plan Code;
Biodiversity, Waterways and Wetlands Overlay Code;
Bushfire Hazard Overlay Code;
Flood Hazard Overlay Code;
Reconfiguring a Lot; and
Works Codes.
Locality Provisions
The subject site is in the Pomona Locality and is zoned both Low Density Residential and Rural. The proposed reconfiguration is required to follow a code assessable application process.
The pertinent issues arising out of the assessment are discussed below:
Biodiversity, Waterways and Wetlands Overlay
The purpose and outcomes of the Biodiversity, Waterways and Wetlands overlay code is to protect, rehabilitate and enhance ecologically important areas and improve connectivity. The area is mapped with the Riparian Buffer Overlay at the western end of the lot with a small section of the south side of the lot having the Biodiversity Overlay mapped. An Ecological Assessment details that no vegetation of significance was observed on the site with vegetation being common and least of concern under the Nature Conservation Act 1992. The majority of the vegetation to be removed to facilitate the development consists of the fruit tree orchard (exotic species) and a small number of E. tereticornis (Queensland blue gum), Cinnamomum camphora (camphor laurel) and some Pinus elliotii (slash pine).
Mapped Waterway

A first order waterway (Biodiversity Overlay) is mapped commencing in the centre of the lot running north and does not include a Riparian Buffer Overlay around this waterway. The applicant identified that the waterway does not have a defined bed and/or bank and the swale appears to be engineered. The swale and dam is surrounded by mostly weed species of Cinnamomum camphora (Camphor Laurel) and Pinus elliotii (slash pine). The information request response received 18 November 2021 further detailed that they believe the mapped waterway is incorrect as it does not meet the Noosa Shire Planning Scheme definition of a waterway and does not have wooded vegetation for the majority of the mapped waterway (precluding exotic species). The information request response further detailed that state mapping identified the mapped waterway as a ‘drainage feature’ and not a waterway as per the Water Act 2000. The information request included that the ‘drainage feature’ would not significantly improve water quality if revegetation was required due to it only receiving minor sheet flows in heavy downpour conditions and also having no riparian vegetation values.
A site visit on 3 December 2021 attended by Council and the applicant identified the dam being approximately half full following significant rainfall in the previous week and no visible spillway or overflow location however aerial mapping appears to show low-lying land to the north of the dam indicating water is moving around the dam and in the direction and vicinity of the mapped waterway. The start of the waterway is not very visible with very little identifiable bed or banks but rather a slight depression and is mown grass. However as the mapped waterway starts on this lot it would appear this is the headwater or the top of the catchment to the waterway which may not include a defined bed and bank. The Noosa Plan 2020 – Biodiversity, Waterways and Wetlands Overlay Code: Waterways and wetlands Table 8.2.2.3 Performance Outcome 6 requires waterways are protected by (in particular):
maintaining and enhancing wildlife corridors and connectivity along watercourses and drainage lines for native fauna movement.
The approval of the proposed application to remove the waterway and install a bio-retention basin would not protect and enhance the wildlife corridors and provide connectivity. Accordingly, the applicant was advised that the waterway is required to be rehabilitated as per Acceptable Outcome AO6.2.
The applicant has provided an amended layout which includes a 5 metre wide covenant area to each side of the mapped waterway upstream of the existing dam and a 10 metre wide covenant area to the western side of the dam (will become Bio-retention basin).
The amended layout was reviewed by Council’s Environment Officer, including a further site visit (20 December 2021), which highlighted that water is flowing around the western side of the dam with some evidence of initial bed and banks/channelling visible. Council’s Environmental Officer is satisfied with the proposed location of the waterway and the proposed rehabilitation works. It is noted that the rehabilitation to the western side of the dam encompasses the area where the waterway now flows. The amended plan includes a 3 metre wide easement for stormwater purposes adjacent to the southern boundary and Lot 10 building envelope to take water flow to the western part of the site. The applicant advised that hydrology modelling identified this water would only occur during large rainfall events with any water collected in the easement area required to be directed around the western side of Lot 10 building envelope and into the mapped waterway and covenant area.
Proposed vegetation protection covenant

Minimal vegetation is located at the rear of the property but is proposed to be mostly retained. The applicant is accepting of a vegetation protection covenant to revegetate the riparian buffer overlay area totalling approximately 0.38ha.
Koala Habitat Area Map
The development site is entirely within mapped Koala Priority Area (not within Koala Habitat Area) therefore is assessed under Schedule 11, Part 2 of the Planning Regulation 2017. The development site does not contain a significant number of native trees and does not currently provide connectivity. The proposed vegetation protection covenant and rehabilitation at the western end of Lot 10 would require inclusion of Koala feed trees as a priority to further improve the mapped Koala Habitat Area surrounding the lot and offset the loss of a small number of blue gums. The Ecological Assessment Report v2 details how the development will meet the Assessment Benchmarks within the Planning Regulation 2017.
Bushfire
A Bushfire Hazard Assessment (v2) was provided due to the site being mapped as Medium Potential Bushfire Intensity and Potential Impact Buffer. The Development Application Planning Report (pg. 11) detailed that the mapping is overstated and is a Low Hazard Area. A Local Hazard Map was provided within the Bushfire Hazard Assessment (v2) which details the development footprint is within a Low Potential Bushfire Intensity Area. The proposed subdivision in particular Lot 10 building envelope and Lot 6 will allow greater than 100m separation from the Riparian Buffer area/proposed rehabilitation area and not introduce an unacceptable future bushfire risk.
Earthworks
The Reconfiguring a Lot Code seeks that the natural landform is protected when creating new lots, specifically:
Purpose and overall outcome
9.5.1.2 (2)(b)	Development provides for lots which are responsive to local character and site constraints such that the natural landform is not modified.

Acceptable Outcome AO7.6
Development does not result in significant modification to natural landform or landscape features including:
waterways and drainage lines;
native vegetation or significant character trees;
understorey vegetation;
slope;
rock outcrops; or
views.

Performance Outcome PO7
Site Responsive Design
Development provides for a lot layout and configuration of roads and pathways that is responsive to:-
the setting of the site within an urban or non-urban context;
any natural environmental values present on, or adjoining the site;
any natural hazards affecting the site or adjoining land such that the number of properties or persons at risk is not increased;
the terrain of the land, minimising the need for earthworks;
any places of cultural heritage significance or character areas present on, or adjoining the site; and
any important landmarks, views, vistas or other areas of high scenic quality present on, or able to be viewed from, the site.

The earthworks plan identifies a considerable amount of cut and fill proposed as part of the development. Some of the earthworks are associated with the internal road and bio-basin whilst considerable earthworks are also proposed to the lots to facilitate flat building pads. Up to 1.65 metres of cut is proposed to the eastern boundary of lot 1 whilst the maximum extent of fill is within the western part of the development area. Approximately 2.6 metres of fill is proposed to western extent of the building envelope to Lot 10 whilst approximately 2.0 metres of fill is proposed for the bio-basin. The extent of fill to east of the bio-basin and Lot 10 is a consequence of the installation of a new sewer line and ensuring adequate fall is provided to the existing sewer infrastructure on the adjoining land. The following image details the proposed earthworks.

Whilst the earthworks associated with new infrastructure such as the bio-basin and new sewer line are supported the substantial modification to the natural landform to deliver flat house pads is not supported due to its conflict with the scheme. The proposed retaining walls will result in an undesirable aesthetic both internally and external to the site. A 1.8-metre-high fence constructed on top of the proposed retaining walls would have a height ranging from 2.8 to 4.3 metres. Furthermore, filling the sites and constructing retaining walls to the northern boundary is likely to prejudice a future reconfiguration on the northern lot to seek a similar outcome.
The applicant maintains that the Earthworks Code permits up to 1.5 metres of earthworks however this is limited to sloping sites (>20% gradient) which does not apply to the subject site which is generally limited to a slope of 10%.
Smaller lot size
All the proposed lots within the Low Density Residential zoned land comply with the minimum 1,000m2 lot size requirement except for Lot 5 which is 844m2. The reduced lot sized is supported on the basis that the proposed lot can adequately accommodate a dwelling and associated outbuildings noting that at its narrowest the lot maintains a minimum width of at least 17 metres. It is also noted that the development will deliver environmental benefits resulting from the rehabilitation works to the waterway and the riparian buffer.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers:
Senior Environment Officer
Development Engineer

Other Referrals
The application was forwarded to the following external experts for review and/or comment
External hydraulic consultant (water quality and quantity)

conclusion & reasons for decision
The application seeks to reconfigure the existing 2.997ha site into 10 lots. The proposal is generally consistent with the outcomes sought by the planning scheme and results in an improved environmental outcome arising from the rehabilitation of the riparian buffer area and the waterway with environmental covenants to be created over these areas apart from lot 10.
While the development footprint is outside the flood inundation extent for events up to the 1%AEP event, under a climate change scenario the 1%AEP (2100) event will inundate proposed Lot 10 to a shallow depth. The applicant proposes to fill the building envelope for lot 10 to above the 1%AEP (2100) which is contrary to the Flood Hazard Overlay and Reconfiguring a Lot Codes which seeks to maintain the natural land form and ensure flood immunity for development areas is not achieved by filling land.
Earthworks and associated retaining walls are proposed to create flat house pads for future dwelling construction, these are not supported and have been conditioned accordingly.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No RAL21/0017 for a Development Permit for Reconfiguring a Lot – 1 Lot into 10 Lots situated at 25 Pavilion St Pomona Qld 4568, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL21/0017
Street address:	25 Pavilion Street Pomona Qld 4568
Real property description:	Lot 21 SP 316902
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot – 1 Lot in to 10 lots
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to submission of plans for plan sealing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.

Plan No.	Rev.	Plan/Document Name	Date
13010-PRO-10	H	Proposed Subdivision of 25 Pavilion Street Pomona RPD: Lot 21 on SP316902, prepared by LSD	17.12.2021
N/A	V2	Ecological Assessment Report prepared by North Coast Environmental Services	09/08/2021
N/A	V2	Bushfire Hazard Assessment prepared by North Coast Environmental Services	09/08/2021
All lot numbering on the subdivision plan to be submitted to Council for the plan sealing application must remain as shown on the Approved Plans.
Currency Period
This development approval lapses if the requirements of the conditions have not been completed and an application for plan seal is not lodged with Council by 3 February 2026, unless an application to extend the currency period is approved by Council.
Performance Bond
Prior to arranging a Prestart meeting for the operational works, a security bond in the form of a cash bond or trading bank guarantee to the sum of $30,000 must be submitted to Council, to secure the performance of all conditions of this approval.  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.
Covenant
A vegetation protection covenant must be registered against the title of the property over the land area defined as the Riparian Buffer Overlay (Riparian Buffer Area and Waterways) (Noosa Plan 2020) on the subject site identified for rehabilitation on the Approved Plans and Ecological Assessment Report v2 and must be rehabilitated* pursuant to Section 97A of the Land Title Act 1994. The covenant document and a survey plan must be submitted to Council for endorsement prior to lodgement with the relevant titles authority for registration of title. The covenant document must:
incorporate the requirements of this Decision Notice;
include Noosa Council as Covenantee;
reference Queensland Land Title Registry Standard Terms Document No. 715597513;
reference the Ecological Assessment Report (9 August 2021 v2 North Coast Environmental Services);
reference the Covenant Area Management Plan (or similar); and
reference the Bushland Rehabilitation Program (or similar).
If a provision included in the covenant document is requisitioned or refused registration by the relevant titles authority, a substitute provision must be included in the document which as nearly as practicable addresses the objective sought by the requisitioned or refused provision. The wording of the substitute provision must be agreed by Council.
The Vegetation Protection Covenant must result in an area of not less than 0.40ha within Lot 10 over the mapped riparian buffer area as detailed within the Ecological Assessment Report v2 and an area of not less than 912m2 within Lot 10 over the mapped waterway area as detailed within approved Plan 13010-PRO-10 (Proposed Subdivision of 25 Pavilion Street Pomona RPD: Lot 21 on SP316902, prepared by LSD) Rev H dated 17.12.2021.
Land Rehabilitation
Rehabilitation works must be undertaken in accordance with an Operational Works approval and Planning Scheme Policy - PSP 2 Landscaping. An ecological rehabilitation plan must be submitted, prepared by a suitably qualified person* (* refer Advisory Notes) for the waterway and park area and must include in particular:
Rehabilitation of the Waterway – the area to be rehabilitated must be:
5m from the centreline of the waterway; from the proposed new driveway of Lot 10 to the southern extent of the covenant area as shown on drawing number 13010-PRO-10 (Proposed Subdivision of 25 Pavilion Street Pomona RPD: Lot 21 on SP316902, prepared by LSD) Rev H dated 17.12.2021.
10 metres wide north of the proposed new driveway for Lot 10 to the northern boundary of the subject site as shown on drawing number 13010-PRO-10 (Proposed Subdivision of 25 Pavilion Street Pomona RPD: Lot 21 on SP316902, prepared by LSD) Rev H dated 17.12.2021.
Rehabilitation to the full extent of the Riparian Buffer Area adjacent to the western boundary of the subject site as identified on map OM-BWW-(ii)-9 – Pomona Village – Riparian Buffer (Noosa Plan 2020)
Retention of existing bed and banks of the waterway unless required to be modified to ensure function of the approved stormwater system, which may include reshaping into a vegetated swale with stone low flow base and vegetated banks with coir mesh.
The waterway must be rehabilitated to reflect natural function and form, and include riffles and ponds to provide variability in flow depth and refugia for fauna to live in during dry periods.
Details of the treatment to all batters, armoury, plantings, weed treatment, location of services/utilities and rehabilitation.
A Covenant Area Management Plan (or similar) and a Bushland Rehabilitation Program (or similar) must be prepared by a qualified person* and endorsed through an Operational Works approval.
The land area defined as the Vegetation Protection Covenant within the Riparian Buffer Overlay and adjacent to the waterway (Noosa Plan 2020) on the subject site identified for rehabilitation on the Approved Plans must be rehabilitated* and removed of all weeds species listed in the following standards and legislation:
Declared plants under the Land Protection (Biodiversity Act 2014 and sub-ordinate Regulation 2016).
Noosa Local Government Area Pest Management Plan 2015-2019.
Undesirable Species as listed in Planning Scheme Policy 3 Landscaping Plants and Guidelines.
The works must be undertaken in accordance with an Operational Works approval.
*(Refer to Advisory Note)
A “no clearing zone” must be established and maintained over the land area defined as being excluded from access and building envelopes on the subject site. The following activities must not be carried out within the no clearing zone:
clearing, cutting down, poisoning, lopping or pruning of native vegetation which is indigenous to, or planted within, the zone
soil/spoil dumping and/or compacting
soil excavation, other than for planting indigenous native plants or for works which are a natural consequence of this approval.
The following exceptions apply:
declared plants under the Biosecurity Act 2014, and any Council Listed Environmental Weeds, Undesirable species, Exotic Grasses and other plants identified in writing by Council
indigenous native trees which pose a well-founded threat to persons or property as approved in writing by Council
controlled bushfire burns to maintain ecological processes subject to submission of a Bushfire Management Plan and agreed in writing by Council.
All rehabilitation and re-vegetation of the waterway and Riparian Buffer area must be completed prior to Council endorsement of the Plan of Survey.

Works within Protected Land
The following works must be undertaken within the land to be covered by a vegetation protection covenant prior to the submission of the sealing of the survey plan:
Treatment and control of declared plants under the Biosecurity Act 2014 and all undesirable species as listed in Planning Scheme Policy 3 Landscaping Plants and Guidelines to prevent regrowth.
Plantings in accordance with a Covenant Area Management Plan (or similar) and a Bushland Rehabilitation Program (or similar) prepared by a qualified person* and endorsed through an Operational Works approval.
Removal of any structures, debris or materials foreign to a natural environment
The works must be undertaken in accordance with an Operational Works approval.
*(Refer to Advisory Note)
Fencing to Protected Land
A permanent fence must be constructed around the entire perimeter of a vegetation protection covenant area. The fence must be constructed in accordance with an Operational Works approval and must be to the following specification:
1.2 metres high;
3 strand plain wire (no barb);
Bottom strand no less than 300mm off the ground;
Include a pedestrian access gate; and
Include A5 sized signage with the wording “Vegetation Protection Covenant Area – No domestic animals” every 15m, durable, weather resistant and visually complementary to the natural environment.
Fauna Management
Vegetation must only be removed or disturbed in accordance with a Fauna Management Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational Works approval.
*(Refer to Advisory Note)
Any domestic cats kept at all Lots must be permanently confined within buildings and/or cat enclosures for the purpose of protecting proximate wildlife. A clause must be included in the contract of sale which alerts purchasers to the requirement of this condition.
Landscaping Works
The development site must be landscaped. The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
Provision of 32 street trees along the frontage of Lots, planted within the road reserve and suitably located for sight lines, specifically:
5 street trees on the southern boundary of Lot 1 RP189023,
7 street trees on the northern boundary of Lot 20 SP316902,
2 street trees for each of the following Lots: 1, 2, 3, 4, 5, 8 and 9,
2 street trees on the eastern boundary of Lot 6 only,
4 street trees, 2 on each road reserve of Lot 7,
No street trees required for Lot 10,
Provision of turfed area to road frontages;
Street trees must be local native species suitable for the locality and established in accordance with Noosa Plan Planning Scheme Policy 3 Landscaping Plants and Guidelines;
Street trees must be a minimum 45 litre pot size; and
Control of all weeds species listed in the following standards and legislation:
Declared plants under the Land Protection (Biodiversity Act 2014 and sub-ordinate Regulation 2016).
Noosa Local Government Area Pest Management Plan 2015-2019.
Undesirable Species as listed in Planning Scheme Policy 3 Landscaping Plants and Guidelines.
All landscape works must be established and maintained over the one-year maintenance period and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
All entry statements, fences, retaining walls and buffer/screen plantings must be located entirely within private land and not within the public road reserve.
Vegetation Management
An arborist’s report is to be submitted for approval as part of the operational works application. The purpose of the arborist’s report is to identify the native vegetation to be retained on site, whilst recognising the need for vegetation clearing to occur in order to carry out the development. The vegetation to be retained must be clear of proposed services, not present a nuisance to neighbouring properties and be generally suitable for the proposed location. The report is to be prepared by a suitably qualified person*.
(*Refer Advisory Note)
Bushfire Management
All reconfiguration works must be carried out in accordance with the Bushfire Hazard Assessment v2 report listed within this Decision Notice.
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the bushfire management conditions of this Decision Notice.
*(Refer Advisory Note)
A clause must be included in the contract of sale for lot 10 which requires any future dwelling to be constructed within the building envelope shown on the Approved Plans and in accordance with Bushfire Hazard Assessment v2 report listed within this Decision Notice.
Flooding
The surface levels of all lots (excluding drainage reserves) must be constructed to provide flood immunity.  The works must be undertaken in accordance with an Operational Works approval and must include in particular surface levels that are higher than each of the following:
the local 1%AEP flood level at year 2100 (plus freeboard)
the regional 1%AEP flood level at year 2100 (plus freeboard)
An easement for drainage purposes must be registered against the title of proposed Lot 10 in favour of Council over the land area identified for easement South of the building envelope on proposed Lot 10 on Plan 13010-PRO-10G, prepared by LSD, dated 17th December 2021
All works, including filling and compensatory excavation for floodplain storage, are to be carried out generally in accordance with Section 2.2 of the Stormwater Management Report prepared by Peak Urban dated 28 October 2021
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and the Queensland Urban Drainage Manual, and must include in particular:
extension of the site stormwater system to accommodate stormwater from Pavilion Street;
cut off drains at the eastern interface of Lots 1 and 9 to intercept runoff from external properties, including registration of drainage easements over these drains in favour of the upslope properties;
collection and discharge of stormwater to the proposed detention basin, including the provision of Level II inter-allotment drainage for lots which do not fall to the street and provision of kerb adapters for all new lots which do fall to the street
the use of gravity stormwater drainage and not surcharge pits.
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Stormwater Quality
A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and the latest version of the Water Sensitive Urban Design Technical Design Guidelines for South East Queensland, and must include in particular:
stormwater quality treatment devices of a size and location generally in accordance with those shown in Stormwater Management Report prepared by Peak Urban dated 28 October 2021

bioretention devices which:

are designed generally in accordance with the Bioretention Technical Design Guidelines (Water by Design, 2012)

are designed generally in accordance with IPWEQA Standard Drawing No. DS-073, DS-075, DS-076, and DS-078

are provided with a free-draining outlet from the sub-soil drainage system

incorporate a coarse sediment forebay designed generally in accordance with IPWEQA Standard Drawing No. DS-075

Permanent educational signage must be erected to educate the residents of the development about the function of the bioretention device(s).  The dimensions, standard, presentation and location of the educational signage must be in accordance with an Operational Works approval.

Stormwater easement
Stormwater entering the 3-metre-wide easement adjacent to the southern boundary must be directed to the waterway, the works must be undertaken in accordance with an Operational Works approval
ENGINEERING
External Works
Pavilion Street must be upgraded for the length of its frontage to the subject site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
construction of kerb and channelling for the full frontage of the development site.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
New Roads
The new road shown on the Approved Plans must be constructed in accordance with the conditions of this Decision Notice and dedicated as road reserve at no cost to Council.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
The new road must join smoothly with the existing formation of Pavilion Street. The works must be undertaken in accordance with an Operational Works approval, generally in accordance with TOD Consulting’s plan 21556-SK101: “Preliminary Design – General Arrangement”, Rev C, dated 11/11/2021 and be designed and constructed in accordance with Council’s Planning Scheme Policy 6 – Engineering Design Standards. The works must include in particular:
reserve and formation widths to a “Local Road” standard;
sealing, drainage, kerbing and channelling;
construction of pedestrian footpaths in accordance with the conditions of this Decision Notice;
installation of street and pathway lighting;
provision of sight distances adequate for the design speed of the road; and
signage and linemarking.

Property Access and Driveways
A residential driveway must be constructed to proposed Lots 4, 5, 6 and 10. The works must be undertaken in accordance with an Operational Works approval.
Maintenance vehicle access to the proposed bio-basin must be constructed. The works must be undertaken in accordance with an Operational Works approval.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a 2 metre wide footpath within one side of the new road’s verge for the entire length of the new road, connecting to the existing footpath on Pavilion Street;
2 pram ramps in accordance with Council’s standard drawing SD:9006-Rev E, or the revision applicable at the time of construction, allowing for safe pedestrian crossing of the new road along Pavilion Street.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Services
Reticulated electricity and telecommunication services must be provided to each lot in accordance with an approval for Operational Works and the standards and requirements of the relevant service provider.
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.
Geotechnical Stability
All subdivisional works must be carried out in accordance with a Geotechnical Report (or part thereof) prepared by a qualified person* and endorsed through an Operational Works approval.
*(Refer to advisory Note)
Earthworks
All fill and associated batters must be undertaken in accordance with an Operational Works approval and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
No retaining walls/earthworks are to be undertaken and/or constructed or occur, with only minor works permitted that are necessary to facilitate the roadworks, stormwater management, flood immunity for lot 10 and connection to services. The development must be undertaken in a manner which responds to the site’s constraints such that the natural landform is generally maintained. Any earthworks proposed must be detailed clearly in the application for Operational Works and be limited in extent to the reasonable satisfaction of Council.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to each lot in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater). No lower-pressure sewer system (private pump systems) are permitted in order to provide sewer connection to the lots.
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 each lot.

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:
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.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Qualified Person
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:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years’ experience in the field of geotechnical engineering or engineering geology.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction;
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased;;
proposed fencing to the site during the construction phase of the development;
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads;
provision for worker car parking.
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures;
works programme identifying key components of the works and their respective durations;
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues;
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details;
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details;
identification of complaint management procedures including:
contact details for the on-site manager;
dispute resolution procedures.
details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
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.
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.
For the purpose of preparing a Landscape Plan, a qualified person is considered to be a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
For the purpose of preparing a Rehabilitation Plan and/or Covenant Area Management Plan, a qualified person is considered to be a landscape architect or ecologist with a minimum of 3 years current experience in the field of landscape design.
For the purpose of preparing an Arborist Report, a qualified person is considered to be a person with either:
ISA certification; or
a Diploma of Arboriculture in addition to a minimum of 3 years current experience in the field of arboriculture.
For the purpose of preparing a Fauna Management Plan, a qualified person is considered to be an ecologist with a minimum of 3 years current experience in the field of fauna assessment and management.

property notes

RAL21/0017 – Vegetation Protection Covenant
The following notation applies to approved Lot 10:
A Vegetation Protection Covenant applies to this lot. No clearing of vegetation is to occur within the covenanted area, except where in accordance with the terms of the covenant.
RAL21/0017 – Ecological Preservation
The following notation applies to approved Lot 10:
To ensure the protection of vegetation on this lot, any dwelling on this lot is required by Council Approval RAL21/0017 to be constructed within the building envelope nominated on the approved Lot Reconfiguration proposal plan (see Council file reference RAL21/0017).
A “no clearing zone” applies to this property for the purpose of vegetation protection. The landowner must maintain the property in accordance with the ecological preservation conditions of Council Approval RAL21/0017.
RAL21/0017 – Control of Domestic Cats
The following notation applies to all approved lots:
Domestic cats are permitted on this lot provided that they are permanently confined within buildings and/or cat enclosures. This requirement is designed to protect lower canopy and ground nesting and feeding birds which occur proximate to the lot.

VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Drainage work, Landscaping, Stormwater, Earthworks, Civil works, Access, Frontage works, Roadworks
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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