Referral Agency Response - Planning RAP19 0004 · RAP19/0004

Officer: 	Ben Thrower
Direct Telephone: 	07 53296384
Our Reference:	RAP19/0004
Your Reference:	181104
16 April 2019
KDMR Holdings Pty Ltd
C/- Adapt Planning
PO Box 7618
SIPPY DOWNS  QLD  4556

[email protected]
Dear Sir
Referral Agency Response
Planning Act 2016
I refer to your application and advise that Council, as a concurrence agency for the application, completed its assessment of the application on 15 April 2019. You are advised that Council requires conditions to be attached to any development approval. The conditions are listed below.
application details
Application No:	RAP19/0004
Street address:	41 Seaview Tce Sunshine Beach Qld 4567
Real property description:	Lot 52 RP 81810
Planning Scheme:	The Noosa Plan (8 June 2018)
type of development
The applicant seeks the following type of development approval:
Development Permit for Building Works (Detached House)
concurrence agency conditions
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 unless otherwise amended by these conditions.

Plan No.	Rev.	Plan/Document Name	Date
SD-DR-AR-0001	2	Proposed Building Height Analysis 3D – Natural Ground Level (NGL) prepared by Conrad Gargett	19 March 2019
SD-DR-AR-0002	2	Proposed Building Height Analysis 3D – Existing Ground Level prepared by Conrad Gargett	19 March 2019
SD-DR-AR-0003	2	Proposed Building Height Analysis 3D – Section prepared by Conrad Gargett	19 March 2019
SK-01	A	Proposed New Residence	February 2019
SK-02	A	North, East, South and West Elevation Plans	February 2019
SK-03	A	Upper and Lower Floor Plans	February 2019
6391_L02-01_01		Landscape Layout Plan prepared by Blackburne Jackson Design	March 2017
6391_L02-01_02		Landscape Layout Plan prepared by Blackburne Jackson Design	March 2017
6391_L01-01_01		Landscape Cover Sheet prepared by Blackburne Jackson Design	March 2017
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface expect where illustrated on plan listed in the following table.
Plan No.	Rev.	Plan/Document Name	Date
SD-DR-AR-0001	2	Proposed Building Height Analysis 3D – Natural Ground Level (NGL) prepared by Conrad Gargett	19 March 2019
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building do not exceed the maximum height requirement of this Decision Notice.
Any windows or balconies that have the potential to overlook the private spaces of neighbouring properties must include fixed external screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $2,500 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
Trees to be retained must be protected from clearing or construction activities by:
Clearly marking vegetation to be retained with flagging tape;
Installing protective fencing around the drip line of the vegetation;
Restricting stockpiling, storage and vehicle parking to those areas which are already cleared; and
Using low impact construction techniques around vegetation.
Driveway and External Reinstatement Works
Driveway crossover, earthworks, landscaping and frontage works to the subject site must be undertaken accordance with the conditions and requirements of Development Permit for Operational Works, Application reference OPW17/0051*.  The works must be carried out under supervision of a Registered Professional Engineer of Queensland (RPEQ). Upon the completion of the works and prior to issuing the final Building Certification a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
(* refer to Advisory Notes)
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.
Earthworks and Retaining Walls
All earthworks and associated retaining walls/batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
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:
a.	where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
b. 	where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
reasons for inclusion of conditions
The proposal is subject to specific built form parameters outlined in The Noosa Plan.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
It should be noted that that Council’s approval Development Permit for Operational Works, reference OPW17/0051, was decided on 14 July 2017 with 2 years relevant period. The applicant may refer to the related sections of Planning Act 2016 in relation compliance with the relevant period rules.
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.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Detached House Driveways Code. A self-assessable application is required to be submitted to Council for the vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.
*http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes.
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. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
rEPRESENTATIONS ABOUT REFERRAL AGENCY RESPONSE
The applicant may make representations to Council about this referral agency response at any time before the application is decided pursuant to section 30 of the Development Assessment Rules.

Yours faithfully,

Patrick Murphy
Coordinator Planning

Enc:	Approved Plans/Documents

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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