Delegated Report - Code - Planning MCU21 0182

Author	Graduate Development Planner, Maxwell Potter
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0182 RAL21/0024 OPW21/0291
Applicant	Three F Pty Ltd
Proposal	Material Change of Use - Dual occupancy, Reconfiguring a Lot (1 into 2 lots and common property) and Operational Works (Engineering, Carparking and Landscaping)
Properly Made Date	12 October 2021
Information Request Date	9 November 2021
Information Response Date	13 December 2021
Decision Due Date	17 March 2022
Report Completed Date	2 March 2022
Report Reviewed By	Patrick Murphy 2 March 2022

PROPERTY DETAILS
Property Address	19 Werin St Tewantin Qld 4565
RP Description	Lot 1 RP 88534
Land Area	678m²
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not Applicable
Local Plan Area	Tewantin
Overlays	Acid Sulfate Soils Above 5 metres AHD to 20 metres AHD
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dual occupancy, Reconfiguration of a Lot – 1 into 2 lots and common property and Operational Works - Engineering, Carparking and Landscaping.
The proposal seeks to retain the existing dwelling house at the front of the site and construct a new dwelling at the rear. The existing dwelling comprises 3 bedrooms, kitchen and dining room, bathroom, living room, new unroofed deck, storeroom and new carport; while the proposed dwelling is significantly larger and includes a living and dining area, kitchen, bathroom, double garage and alfresco area on the ground floor, and 3 bedrooms, study and 2 bathrooms on the first floor.
The proposal complies with all aspects of Noosa Plan 2020, however is seeking a variation to the acceptable outcomes in respect to setbacks as follows:
Medium Density Residential Zone Code: AO9.4 – 5.25m Front Setback in lieu of 6m;
Medium Density Residential Zone Code: AO9.4 – 1.6m Side Setback (North) in lieu of 2m;
Medium Density Residential Zone Code: AO9.4 – 0.5m Side Setback (South) in lieu of 1.5m; and
Medium Density Residential Zone Code: AO9.4 – 5.45 Rear Setback in lieu of 6m.
The locality and proposal plans are included below.

Figure 1 – Locality

Figure 2 – Site Plan/ground Floor Plan

Figure 3 – First Floor Plan

Figure 4 – North Elevations

Figure 5 – South Elevations

Figure 6 –West Elevation (excluding existing dwelling)

Figure 7 – West Elevation (including existing dwelling house)

Figure 8 – East Elevations
site details
Background
The initial development proposal sought a 2-storey dwelling to the rear with a 0-metre setback to the southern side boundary. An Information Request Letter was sent on 9 November 2021 to the applicant stating that the proposed southern side boundary setback of 0 metres is not supported by Council officers. Furthermore, a Further Advice Letter was sent to the applicant on 17 December 2021 specifying that Council officers does not support a 0 metre setback between the garage and southern side boundary. Notably it was indicated that a 0.5 metre setback may be acceptable for the site.
Site Description
The subject site comprises 677m2 and is a regular sized block. The main characteristics of the subject site are the existing dwelling house, shed and a large Poinciana Tree which is located on the south-western property boundary. It is further noted that the subject site is relatively flat and can be accessed via a crossover drive from Werin Street from the site’s western boundary.
Surrounding Land Uses
The surrounding land uses of the subject site comprise a mix of dwelling house, dual occupancies, multiple dwellings and the Tewantin State Primary School. The surrounding of land which is zoned community facilities, medium density residential and open space and recreation reflects the surrounding land uses. In addition, the Tewantin District Centre is situated approximately 435 metres to the east of the subject site.
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;
Tewantin Local Plan Code;
Dual Occupancy and Multiple Dwelling Code; and
Works Codes.
The subject site is located in Tewantin 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
Building height storeys metres	2 storeys max 8 metres	2 storeys 7.3 metres	
Site cover	40% max	40%	
Plot ratio	0.4:1 max.	0.38:1	
Boundary setbacks Frontage Side (north) Side (south) Rear	6 metres min 1.5/2.0 metres min 1.5/2.0 metres min 6 metres min	5.25 metres (existing) 1.6 metres 0.5 metres 5.45 metres	X X X X
Length of wall	15 metres max	10.48 metres	
Roof Form Pitch Eaves	Min 5 degrees Min 600mm to 75%	>5 degrees 89%	
Landscaped open space Soft landscaping	271m² min 162.9m2 min 60% of total	271 m² 190m² (70%)	
Private Open Space	25m² min	<25m²	
Carparking	2 covered min 1 uncovered min	3 covered	
Setbacks
Medium Density Residential Zone Code
The proposal is assessed against the following provisions of the Medium Density Residential Zone Code.
(2) The overall outcomes sought for the Medium density residential zone are as follows:
(c)	Development makes a positive contribution to the look and feel of residential neighbourhoods by maintaining a low scale character with well designed buildings and landscaping that enhance the streetscape.
(d)	New uses are located, designed and managed to be compatible with surrounding uses.
(j)	Development maintains a high level of residential amenity having regard to traffic, noise, dust odour, lighting and other locally specific impacts
(o)	Native vegetation between buildings and in the public realm enhances the amenity and supports local wildlife.
Performance Outcome 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.
Acceptable Outcome 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

Front Setback
The eaves of the existing dwelling on the subject site are located 5.25m from the front property boundary. Given that the dwelling is existing, and the applicant does not propose any significant built form changes to the existing dwelling, no concern is raised in this regard.
Northern Side Setback
As per Figure 9, the northern side setback intrusion comprises the eaves of the proposed dwelling to the rear and is considered minor. The eaves will provide shade and maintain the aesthetic amenity of the Tewantin streetscape, whilst the eaves will not result in overlooking of private open space or habitable areas of the adjoining premises. Furthermore, the 1.6m setback is considered adequate distance and will allow for landscaping at ground level. The proposed northern side setback variation complies with Performance Outcome PO12.

Figure 9 – Northern Side Setback
Rear Side Setback
With regards to the rear setback in Figures 10 and 11, a 0.6m x 2.6m section of the proposed dwelling intrudes 0.55m into the 6-metre rear setback. The component of the building which protrudes into the rear setback offers variation to the rear façade which complements the building design. It is noted that the minor encroachment will not block access to sunlight for the adjoining premises and due to the first floor of the component not containing windows or openings above the ground floor, the variation will not result in the overlooking of private open space or habitable rooms. The applicant proposes significant landscaping to the rear of the site and a setback of 5.45 metres is considered an adequate distance from the adjoining premises. The proposed rear setback therefore complies with Performance Outcome PO12.

Figure 10 – Rear Setback

Figure 11 – Rear Setback
Southern Side Setback
Figure 12 highlights the 0.5 metre setback between the proposed garage and the southern side property boundary. The closest point of the garage to the property boundary is 2.88 metres in height and located adjacent to the garden of the adjoining property to the south. It is noted that the applicant seeks a 0.5 metre setback from the southern side boundary to facilitate on site manoeuvring and ensure vehicles can leave the property in a forward gear. This is due to the subject site being located adjacent to Tewantin State Primary School.

Figure 12 – Southern Side Setback
The proposed garage is located on the site’s southern side boundary which has the potential to adversely impact access to light for the neighbouring property to the north.  A diagram from the building model provided by the applicant is displayed in Figure 13 which shows a 2-metre-high fence and the 2.88 metres high garage wall setback 0.5 from the boundary. The shadow cast by the sun is during the winter solstice (12pm largest shadow). The figure highlights that both the second storey of the proposed dwelling and the garage cast a significant shadow onto the adjoining property to the south during the winter solstice.  The figure does not show the loss of light solely due to the garage’s location 0.5m from the boundary at different times throughout the year which is expected to be noticeable for future residents of the northern lot.

Figure 13 – Shadow cast during the winter solstice
As demonstrated in Figure 14, the proposed location of the garage 0.5 metres from the southern side property boundary is insufficient separation from the adjoining residential land use. Furthermore, the setback variation has the potential to compromise future development of the adjoining site. In addition, an image provided by the applicant of the vegetation adjoining the location of the proposed garage is described in Figure 14. It is noted that a 0.5 metre setback for the garage and associated footings and retaining wall will likely compromise the root system of the vegetation on the adjoining lot.

Figure 14 – Vegetation on the boundary adjoining the proposed garage
The applicant proposes landscaping within the setback of 0.5 metre setback between the garage and the southern property boundary which is highlighted in Figure 16. A distance of approximately 0.4 metres is provided between the fence posts and garage wall which will be raised 0.9 metres above the ground. The applicant suggests narrow leaf lilly pillys are to be planted along the length of the garage wall and allow for growth above the structure.

Figure 15 – Proposed landscaping for the length of the garage
With regards to the predominant character of the surrounding area please refer to Table 1 which describes the setbacks of properties surrounding the subject site and Figure 16 which demonstrates the locations of the properties.
Address	Site Boundary	Setback
23 Toolar St	Side (western) Side (eastern)	3.30 metres 3.50 metres
21 Werin St	Rear (eastern) Rear (southern)	0 metres 6.8 metres
17 Werin St	Side (northern) Side (southern)	2 metres 1.5 metres
42 Poinciana Ave	Rear (eastern) Rear (western)	0.4 metres 1.75 metres
44 Poinciana Ave	Side (eastern) Side (western)	1.3 metres 1.5 metres
Table 1 – Surrounding property side setbacks
Upon analysing the setbacks of the surrounding properties, 3 of the 10 setbacks are less than 1.5 metres from the side property boundary or on the sites with dual frontage the rear property boundary. It is therefore considered that the predominant character of the surrounding area is side and/or rear boundary setbacks that are 1.5 metres or greater. As such, the proposed setback of 0.5 metres from the garage to the southern property boundary is not consistent with the predominant character surrounding area.

Figure 16 – Surrounding property side setbacks
The proposed southern side boundary setback variation is considered minor and complies with Performance Outcome PO12 as the proposed garage will not impact on the northern lot’s amenity and provide sufficient area to provide landscaping between the buildings.

Community Title Subdivision (Reconfiguring of a Lot)
Performance Outcome PO27 of the Reconfiguring a Lot Code requires that community title subdivision only occurs once construction of approved buildings on site is completed.
In order to comply with PO27, a condition stating the following has bene included:
Prior to the submission of the subdivision plan to Council for plan sealing, all conditions of this Development Approval, Development Approval MCU21/0182 and any associated operational works approvals must be completed and accepted by Council.
The proposal therefore complies with PO27 of the Reconfiguring a Lot Code.

Vegetation Retention
The existing large Poinciana tree on the boundary is required to be retained and has been included in plans and has been conditioned for retention.

Fencing
It is noted that following the information request the applicant advised that no front fence is proposed with a 2m wide garden. This has been conditioned with additional conditions included for ‘future’ fencing to ensure the fencing is meeting the requirements of the Noosa Plan 2020. A condition also requires the landscape plan to be amended to include details regarding no front fence and the 2m wide garden.

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, Development Assessment
Senior Environmental Officer, Development Assessment
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 MCU21/0182, OPW21/0291 and RAL21/0024 for a Material Change of Use - Dual occupancy situated at 19 Werin St Tewantin Qld 4565 and described as Lot 1 RP 88534, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0182 RAL21/0024 OPW21/0291
Street address:	19 Werin St Tewantin Qld 4565
Real property description:	Lot 1 RP 88534
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, Reconfiguration of a Lot (1 into 2 lots and common property) and Operational Works (Engineering, Carparking and Landscaping)
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
MATERIAL CHANGE OF USE - MCU21/0182
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table. These plans must be amended in accordance with the conditions.
Plan No.	Rev.	Plan/Document Name	Date
2B	.	Site plan/detail survey, prepared by and+design	MAR 2021
3B	.	Floor plans, prepared by and+design	MAR 2021
4B	.	Elevations, prepared by and+design	MAR 2021
211207 02	a	Specification as prepared by Seed landscape design as amended by Conditions	DEC 2021
211207 03	d	Landscape Plan as prepared by Seed landscape design as amended by Conditions	FEB 2021
211207 04	d	Planting Plan as prepared by Seed landscape design as amended by Conditions	FEB 2021
211207 05	d	Planting Schedule as prepared by Seed landscape design as amended by Conditions	FEB 2021
211207 06	a	Details as prepared by Seed landscape design as amended by Conditions	DEC 2021
211207 07	b	Details as prepared by Seed landscape design	FEB 2021
Currency Period
This development approval lapses if the use has not happened by 10 March 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 building does 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 $10,000 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 fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
not exceed a maximum height of 1.2m
be of open construction.
Any street fencing must be articulated by stepping the design at a maximum of every 5m.
The area of land between any street fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Both side and rear fencing must not exceed a maximum height of 1.8m.
Landscaping Works
The development site must be landscaped in accordance with PSP3 – Landscaping Plants and Guidelines and generally in accordance with the approved plans.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
All mature trees within the road reserve must be retained in accordance with the approved landscape plan unless prior written authorisation from Council is gained for removal.
The existing mature Poinciana tree located on the front/southern side boundary and included within Approved Plans must be retained and protected during construction.
ENGINEERING
Site Access and Driveways
A sealed access driveway must be provided from Werin Street to all parking and manoeuvring areas of the development. The works must include in particular:
A driveway crossover in accordance with Councils standard drawings RS-049 and RS-050 and approved plan 31110-OW4.1 (Rev A) as prepared by SCG Consulting.
On site turning for vehicles exiting the site from the rear new unit.
Car Parking
A minimum of three (3) car parking spaces must be provided on the site and must include in particular:
Two covered spaces; and
One additional space.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge and be in accordance with the Queensland Urban Drainage Manual (QUDM) and generally in accordance with approved plan 31110-SW1.1 (Rev A) as prepared by SCG Consulting.
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.
Earthworks and Retaining Walls
All fill and associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.

RECONFIGURING OF A LOT – RAL21/0024
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. These plans must be amended in accordance with the conditions.
Plan No.	Rev.	Plan/Document Name	Date
3	.	Subdivision Plan, prepared by and+design	MAR 2021
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
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 10 March 2026, unless an application to extend the currency period is approved by Council.
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 subdivision plan to Council for compliance assessment.
Prior to the submission of the subdivision plan to Council for plan sealing, all conditions of this Development Approval, Development Approval MCU21/0182 and any associated operational works approvals must be completed and accepted by Council.

OPERATIONAL WORKS – OPW21/0291
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. These plans must be amended in accordance with the conditions.
Plan No.	Rev.	Plan/Document Name	Date
31110-CS	.	Operational Works: Cover Sheet as prepared by SCG Consulting Engineers	October 2021
31110-OW1.1	.	Operational Works: Survey & Existing Services as prepared by SCG Consulting Engineers	October 2021
31110-OW2.1	.	Operational Works: Silt & Sediment Control as prepared by SCG Consulting Engineers	October 2021
31110-OW3.1	B	Operational Works: Bulk Earthworks as prepared by SCG Consulting Engineers	18 January 2022
31110-OW4.1	B	Operational works: Driveway & Access as prepared by SCG Consulting Engineers	18 January 2022
31110-OW4.2	.	Operational Works: Driveway Details as prepared by SCG Consulting Engineers	October 2021
31110-OW4.2	A	Operational Works: Vehicle Manoeuvring as prepared by SCG Consulting Engineers	18 January 2022
31110-SW1.1	B	Operational Works: Stormwater Management as prepared by SCG Consulting Engineers	18 January 2022
211207 02	a	Specification as prepared by Seed landscape design as amended by Conditons	DEC 2021
211207 03	d	Landscape Plan as prepared by Seed landscape design as amended by Conditons	FEB 2021
211207 04	d	Planting Plan as prepared by Seed landscape design as amended by Conditons	FEB 2021
211207 05	d	Planting Schedule as prepared by Seed landscape design as amended by Conditons	FEB 2021
211207 06	a	Details as prepared by Seed landscape design as amended by Conditons	DEC 2021
211207 07	b	Details as prepared by Seed landscape design	FEB 2021
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 10 March 2024, unless an application to extend the currency period is approved by Council.
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 at the prestart meeting / prior to any works commencing.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Landscape works;
Erosion and sediment control works; and
Other relevant parties
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction;
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased; and
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;
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;
Any changes to the details associated with the 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.
Landscaping
Amended plans must be submitted to Council prior to the pre-start meeting and must include the following:
Plant species selected for screening in particular along all boundary fences including the street boundary must reach a minimum 4.6 metres at maturity. It is noted for example Westringia ‘wynyabbie Gem’ reaches a height of 2 metres which is not appropriate for use as a screening plant and has been included for use in multiple sections of the boundaries for screening purposes on the Landscaping Plan.
Details of the front landscaping garden including what is proposed being a 2 metre wide landscaping garden along the frontage with no front fencing.
The development site must be landscaped.  The works must be undertaken in accordance with the Operational Works approval OPW21/0291 and the Noosa Plan for that specific area and must include in particular:
the works shown on the Amended Plans submitted to Council;
landscaping to the north, east and southern boundaries must create a screen with a minimum height of 4 – 6 metres;
provision of 2 street trees within the road reserve as detailed within the Approved Plans and ensuring:
Noosa Native preferred species;
45 litre pot size;
a minimum of 1 metre behind the back of the kerb; and
NATSPEC certification.
The existing mature Poinciana tree located on the front/southern side boundary and included within Approved Plans must be retained and protected during construction.
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.
Prior to requesting a prestart meeting:
Tree protection fencing must be installed under the supervision of a qualified person*.  (Refer to Advisory Note)
A condition report including photographs of the frontage of the site must be completed and submitted to Council at the prestart meeting.
DURING CONSTRUCTION
Engineering
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/Reconfiguration of Lot approval viz. MCU21/0182 & RAL21/0024 to which this approval relates;
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines; and
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 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
Trench width cuts across footpaths are not permitted. Whole footpath panels must be replaced in the footpath where services are installed across footpath alignments.
All pathway modification 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 and RS-050.
Any existing unnecessary or redundant property accesses must be removed, and the kerb, footpath and verge area reinstated to match the existing footpath and/or verge treatments. Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed or turf, and must be maintained by the developer until established.
The following must be complied with during the construction of the required crossover/driveway:
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete.
The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties
Underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway
Where there is an existing pedestrian path, a matching crossfall must be provided for the driveway on the alignment of the path, for the full width of the path
The property access must be located a minimum of 1m clear of existing power poles, streetlights or other signage. The developer is responsible for any necessary relocation of existing services to provide this clearance and must contact the relevant service authorities and comply with their requirements in relation to these works.
Earthworks and Retaining Walls
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with the standard.
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 non-essential exposure of soil is prevented by restricting the extent of disturbance and minimising the duration of soil exposure to adverse weather conditions and effectively turf, cover or stabilise any disturbed area without delay and prior to rainfall occurring.
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.
Environment
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) 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.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards
(*Refer to Advisory Notes).
Limit soil exposure on the site to a distance of no more than 2m beyond the extent of earthworks shown on the approved plans except where the exposed soil is effectively stabilised without delay and prior to rainfall occurring.
Retention of Existing Trees and Vegetation
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites by a qualified person*.
(*Refer to Advisory Notes).
Removal of Existing Trees and Vegetation
All tree and vegetation removal works must be undertaken by a qualified person*.
*(Refer to Advisory Note)
Vegetation removal or pruning must be undertaken in a manner that avoids damaging surrounding vegetation and habitat.
Fauna or fauna habitat relating to minor approved tree removal/clearing works must be managed by a qualified person*.
*(Refer to Advisory Note)
Landscaping Works
Landscape works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice.
(* Refer to Advisory Note)
Landscape works must:
Delineate all planting to grassed area interfaces with an edge as detailed within the approved plans.
Ensure amenity or sales signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
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.
Ensure finished level of all mulch in garden beds is to be a minimum of 50mm below the level of the adjacent top of kerb.
*(Refer to Advisory Notes)
Provision of turfed area to road frontages.
Turfed areas must be must be free of pest, diseases and weeds and level with adjoining surfaces.
Soil for landscaping must provide for healthy and sustained site specific vegetation performance. (for larger sites)
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.
Fencing and walls
Fencing must:
Be type, height and location as detailed within the approved higher order MCU21/0182 and RAL21/0024 and approved landscaping plans.
Be located wholly within lot boundaries.
Have a design life commensurate with the new buildings.
Not include CCA (copper chrome arsenic) timber products.
Be finished in neutral colour tones that blend with the surrounding landscape.
FOLLOWING CONSTRUCTION / 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.
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.
Supervision/Certification
Prior to commencement of use the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification confirming all works have been constructed in accordance with conditions of approval.
NATSPEC certification (Specifying Trees: a guide to assessment of tree quality addressing each specimen).
(* Refer to Advisory Note)
Bonds
Bonds must:
Meet the requirements of the relevant Council Planning Scheme Policy for performance and uncompleted works.
Be calculated using a schedule of works and relevant bond equation.
Include GST.
Have approval of the bond calculations and amount from Council, prior to lodgement.
Be lodged with Council and accompanied by the Bond Administration Fee/s.
Be requested for release by writing to Council, when relevant approval requirements have been met.
On Maintenance
Maintenance periods* must be:
12 months for Streetscape and Amenity Landscape.
*(Refer to Advisory Note)
Prior to commencement of use / 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).
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must:
Provide a written request for the Off Maintenance inspection; and
Written request of bond release.
*(Refer to Advisory Note)
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
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.
General Advisory Notes
As this driveway is a private structure, the owner bears full responsibly for the standard of its construction, maintenance and any liabilities associated with its construction. It is recommended that professional advice be sought for the construction of the driveway to ensure that the driveway is constructed in accordance with standard drawings RS-049 and RS-050.
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
Tree Protection Bond may be drawn upon by Council if any trees identified for retention are damaged to the point where they cannot be saved (as confirmed by the site Arborist and agreed in writing by Council).
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.
If at the time of request for plan sealing, the method of short-term stabilisation has not achieved a level of stability that Council's Officers believe will have a high probability of achieving long term stability (i.e. until house construction has occurred on all lots), Council Officers may take the following matters into consideration in determining whether the site is capable of achieving medium to long-term stability:
evidence that the site has been effectively stabilised in the short term;
evidence that soil has been adequately ameliorated;
evidence that seed of annual and perennial grass species has been applied at an adequate rate; and
that grass seed has germinated at a density that is likely to achieve an effective grass cover.
Resubmission of Amended Documents Required
The conditions of this Decision Notice require resubmission of the referenced Landscape Plans to Council with amendments.  Please address the amended document to Council’s Planning Assessment Branch with the Reference No. MCU21/0182, prior to the Operational Works pre-start as detailed within conditions included within the Decision Notice. Should the amended document not be submitted, the applicant is advised that the required Operational Works pre-start meeting will not be approved.
Retention of Existing Trees
The existing trees on adjoining properties must be retained and protected during construction wherever achievable. To avoid doubt, this advisory note is not intended to exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following construction of the development which is the subject of this development approval.
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.
Undertaking, supervising tree works and preparing arboriculture certification, is considered to be a person with a minimum three years current experience in tree protection, hazard identification/mitigation and Specifying Trees – a guide to assessment of tree quality (NATSPEC) assessment and either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
Landscape Works
The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges Register where:
An inspection revealed that any constructed rehabilitation/landscape works do not comply with the conditions of the Decision Notice, Approved Plans and or Approved Documents
Certification is submitted to Council falsely stating that works comply with the approved plans, documents and or conditions of the Decision Notice.
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.
On Maintenance
Request for On Maintenance is the responsibility of the developer.  No credit will be given due to failure to request inspection.  Maintenance works are the responsibility of the developer and must include regular inspections, repairs, rectifications and establishment.  A single maintenance run immediately prior to inspection is not acceptable.
Off Maintenance
A re-inspection fee in accordance with Councils 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.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
property notes
Not applicable.
VARIATION approval details
A variation approval varying the effect of the planning scheme has been granted and as such the category of assessment and assessment benchmarks applying to the development resulting from this approval are identified in the conditions.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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1. Allfixtures fraiming & fittings to be hot dipped galvanised,

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PROPERTY BOUNDARY

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