Delegated Report - Code - Planning MCU21 0190

Author	Consulting Planner
Development Assessment
APPLICATION DETAILS
Application No.	MCU21/0190
Applicant	Hanifin Education Management ATF The Hanifin Family Trust
Proposal	Material Change of Use - Multiple dwelling
Properly Made Date	26 October 2021
Information Request Date	23 November 2021
Information Response Date	18 January 2022
Decision Due Date	2 December 2022
Report Completed Date	23 November 2022
Report Reviewed By	Lisa Pienaar

PROPERTY DETAILS
Property Address	65 & 67 Elanda St Sunshine Beach
RP Description	Lot 410 RP 48112, Lot 411 RP 48112
Land Area	506m² & 513m²
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	High Density Residential
Precinct	Not Applicable
Local Plan Area	Coastal Communities
Overlays	Not Applicable
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Multiple dwelling (4 units) over two lots located at 65 & 67 Elanda St Sunshine Beach. The four units would have a terrace style configuration, consisting of:
4 x 4 bedroom, (plus rumpus room); and
8 covered parking bays split between double garages for each unit and 1 visitor car park.

The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Site Plan

Figure 3 – Ground Floor Plan

Figure 4 – First Floor Plan

Figure 5 – Second Floor Plan

Figure 6 – Roof Terrace Plan

Figure 7 – Elevations 1/2

Figure 8 – Elevations 2/2

site details
Site Description
The subject site is located at 65-67 Elanda Street, Sunshine Beach, formally known as Lots 410 and 411 of RP48112. The site is an irregular shaped site that is 1,017sqm in area with 31.2m of frontage to Elanda Street. The site exhibits a slope away from the frontage of the site towards the east at the rear boundary. A high point of approximately 45.5m AHD is identified in the north-western corner of the site before sloping down to a low of 41.5m AHD at the rear boundary. The site is not identified as containing significant vegetation.
The site currently contains a single dwelling house that is to be removed. The property is understood to have been used for residential purposes since the time of original subdivision. The existing building will be demolished to undertake the proposed development.
The site is not subject to any easements or encumbrances.
Surrounding Land Uses
North – Dual Occupancy
East – Multiple Dwelling
South – Multiple Dwelling
West – Multiple Dwelling
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:
High Density Residential Zone Code;
Coastal Communities Local Plan Code;
Dual Occupancy and Multiple Dwelling Code; and
Works Codes;
The subject site is located in Sunshine Beach and is zoned High 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
Site Area	1,020m²	-	-
Gross floor area or Plot ratio	663m² max 0.65:1 max.	650m² 0.637:1	
Site cover	40% max	39.8%	
Landscaped open space Soft landscaping Landscaping Setbacks	407.32 m² min 244.5m2 min 60% of total 1 m & 6 metres	423m² 255m² 1.5 & 6m	
Building height storeys metres	3 storeys max 12 metres	3 storeys 11.9 metres	
Boundary setbacks Frontage North Side South Side Rear	6m – 1st & 2nd storey 10m – 3rd storey 1.5/2 + 2.5 up to 10.5m and 2.75m beyond 1.5/2 + 2.5 up to 10.5m and 2.75m beyond 6m – 1st & 2nd storey 8m – 3rd storey	Gatehouse 1m, stairs x 3 1.5-3.58m (otherwise complies at 8.3m & 8.36 m) 8.36 m (balcony on upper floor). 10m to wall 1.7 to ground (0.4m to pergola) 1st floor 2.1m 2nd floor 2.15m to eave, 2.75 to wall 1.5 to ground (0.3m to pergola) 1st floor 2.0m 2nd floor 2.15m to eave, 2.75 to wall Pools 3.1-6 m Upper level H4 unit balcony 6.15 m and 7.37m for H3 unit (> 8m otherwise)	x x x x x x
Length of wall	15 metres max	< 15 metres	
Carparking	8 covered min 1 uncovered min	8 covered 1 uncovered	

Building Setbacks
Side Boundary Setbacks
Acceptable Outcome AO9.1 of the High-Density Residential Zone Code requires that buildings and structures have a minimum side boundary setback of:
1.5 metre setback up to 4.5 metres height;
2 metres setback between 4.5 metres and 7.5 metres height; and
2 metres plus 500 millimetres for every 3 metres above 7.5 metres height or part thereof
In accordance with PO9, the minimum setback is required to ensure 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.
With the exception of minor encroachments, the various levels of the building footprint comply with the minimum setbacks required by the code. The minor intrusions include the upper-level eaves and unroof/uncovered pergola structure at ground level. The inserts below highlights the areas of non-compliance.
It is considered that the development would provide a high level of residential amenity to both adjoining landowners. The setbacks still provide ample setback for landscape both at ground level and planter boxes on level 1 and 2.  The bulk and scale of the building achieves compliant setbacks. The pergola and eave assist to provide articulation and visual interest to the side elevations.
The encroachments are minor and do not raise concern.

Front Boundary Setbacks
The development is required to achieve a minimum setback of 6m to the ground and first floor (all buildings and structures). A 10m setback is required thereafter for the second level.
The application proposes an 8.3m setback to ground and first floor which complies with the code. The 3rd storey wall is setback 10m, however the balcony protrudes within the setback (refer to inserts below).
Included as part of the hard landscaped area, the development proposes a gatehouse setback 1m) and entry stairs setback 1.5m – 3.6m from the front boundary. These are considered structures/buildings and therefore the application seeks a relaxation.
The ground level encroachments and the upper-level balcony would not result in the development presenting poorly to Elanda Street. On the contrary, it is considered that the development would remain consistent with existing duplex and multiple dwelling developments on the eastern side of Elanda Street (immediately north of the site – refer to insert below) which is generally characterised by hard landscaping within the 6m setback and buildings ranging from 6 - 8m.
The front façade of the development provides ample visual interest and the design reflect the character of the locality. The lower level of the building exceeds a minimum setback and as an offset, the upper level balcony and ground level structures are considered acceptable.
A condition of approval will be included to restrict the maximum size of the gatehouse.

Roof Form
The application seeks approval for a roof top terrace which is contrary to Acceptable Outcome AO15.2 of the High-Density Residential Zone Code. Terraces are acceptable where complying with the corresponding Performance Outcome PO15 which requires roof forms to:
contribute positively to the local skyline;
complement the character of the locality and the topography of the site;
avoid box profiles/parapets; and
do not create opportunities for overlooking the private open space or internal spaces of neighbourhood properties.
It is considered that the provision of a rooftop terrace aligns with the current built form and character of the street. A number of other buildings within Elanda Street, particularly on the eastern side, are identified as containing rooftop terrace elements. The proposed terraces including associated outdoor facilities and pergola structures are consolidates within minimum building setbacks and do not exceed maximum building height.
The applicant has centrally located the terraces such that overlooking is addressed. The view line diagrams also demonstrate that views are directed towards the east above the neighbouring dwellings and towards the coastline and would not unreasonably impact on the POS of adjoining developments.

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Coordinator, Engineering, comments as follows:
Access
The proposed development consists of 2 dual occupancy developments extending across 2 lots. The dual occupancy buildings will share a common wall. Council’s mapping system (road hierarchy) indicates that Elanda Street in this location is a “local” road and as such the Noosa Plan 2020 (Driveways and Parking Code – PO10 & AO10) does not require on-site manoeuvring for a dual occupancy accessing from a “local” road. Relevant conditions are included in the recommendation
Frontage Works
The existing frontage to the subject site is not formed. The development of the subject site will require the construction of frontage works that are an extension of the adjoining frontages (kerb and channel, road widening and footpath. Relevant conditions are included in the recommendation.

Stormwater specialist, comments as follows:
The current design, submitted in response to outstanding issues, now proposes:
All roofwater collected and discharged to kerb and channel in Elanda St
Driveway and other ground-level surfaces within the lot to discharge to combined detention/reuse storage tank, with outlet discharging to infiltration trench
There are a number of issues with the current design, as follows:
There isn’t a kerb and channel downslope of the site, so flows discharged to Elanda St may flow into the neighbouring lot. This can be addressed by a condition requiring frontage works to Pacific Ave. It is not considered an achievable objective given the site constraints and the flow to Elanda St is minimal.
The detention tank outlets will be affected by backwatering once the infiltration trench capacity is reached so won’t really work properly as intended.
The detention tank analysis only looks at total discharge from the site, even though the site is proposed to discharge in 2 different locations to 2 different drainage systems (Elanda St and Henderson St). It may be that no detention is required for discharges to the East (Henderson St) due to the reduction in the proportion of site area discharging in this direction.
The reuse tank receives untreated surface runoff. This isn’t appropriate and is contrary to stormwater harvesting and reuse guidelines. The water quality in the tank will be inadequate for reuse and will create water quality (odour) issues within the tank. On this scale site, only roofwater should be captured and stored for reuse.
Conceptually, having the roofwater discharge to Elanda St and ground-level surface discharge to a soakage system at the rear of the site is considered to be the best overall outcome considering the site constraints. Conditions are recommended.
The applicant is required to submit an operational works application for stormwater before prior to construction.
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 MCU21/0190 for a Material Change of Use - Multiple dwelling situated at 65 & 67 Elanda St Sunshine Beach and described as Lot 410 RP 48112, Lot 411 RP 48112, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0190
Street address:	65 & 67 Elanda St Sunshine Beach
Real property description:	Lot 410 RP 48112, Lot 411 RP 48112
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 - Multiple dwelling
Development Permit for Building Work - Demolition of Dwelling
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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 unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
Sheet 01 of 17	I	Cover Page, prepared by Invilla Designs	02.11.2022
Sheet 03 of 17	J	Site Plan, prepared by Invilla Designs	02.11.2022
Sheet 04 of 17	J	Areas Plan, prepared by Invilla Designs	02.11.2022
Sheet 04A of 17	J	GFA Plan, prepared by Invilla Designs	02.11.2022
Sheet 05 of 17	J	Ground Floor Plan, prepared by Invilla Designs	02.11.2022
Sheet 06 of 17	J	First Floor Plan, prepared by Invilla Designs	02.11.2022
Sheet 07 of 17	J	Second Floor Plan, prepared by Invilla Designs	02.11.2022
Sheet 08 of 17	J	Roof Terrace, prepared by Invilla Designs	02.11.2022
Sheet 09 of 17	J	Roof Plan, prepared by Invilla Designs	02.11.2022
Sheet 10 of 17	J	Elevations Plan (west/north), prepared by Invilla Designs	02.11.2022
Sheet 11 of 17	J	Elevations Plan (east/south), prepared by Invilla Designs	02.11.2022
Sheet 12 of 17	J	Sections, prepared by Invilla Designs	02.11.2022
Sheet 13 of 17	J	Sections, prepared by Invilla Designs	02.11.2022
Sheet 17 of 17	J	Front Fence Elevation, prepared by Invilla Designs	02.11.2022
Currency Period
This development approval lapses if the use has not happened by 28 November 2028, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational 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.
Building Height
The maximum height of the development must not exceed 12 metres above the finished ground level and the natural ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like.
At least one of the four (4) Multiple Dwelling units is to be:
accessible by a safe, continuous and step free path of travel from the street entrance of the property or from a car parking space;
has a step-free entrance door with opening width of at least 820 millimetres; and
contains a bathroom on the entry level.
Protection of Privacy
The eastern balconies located on the eastern building face of Units H1 & H4 must include either balcony planter boxes or balustrading positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property.
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.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothesline which is screened from public view.
Gatehouse
The proposed gatehouse must not exceed a maximum area of 3m2 (1.5m x 1.5m). The gatehouse must not exceed a maximum vertical height of 2.4m.
Land Amalgamation
All properties the subject of the development must be amalgamated prior to the issue of the development permit for Operational Works.
Rooftop Terraces
The proposed rooftop pergolas must not be roofed (must remain permeable) or enclosed as shown on the approved plans.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
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.

DEMOLITION
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council prior to the issue of a Development Permit for Building Works for demolition, to secure the demolition conditions of this approval. The cash bond or trading bank guarantee will be returned on performance of the demolition conditions of this approval less any costs incurred by Council in respect of enforcing performance of these demolition conditions. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Works
Demolition must be undertaken in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste management
A Waste Management Plan (demolition) must be submitted in accordance with Planning Scheme Policy PSP10 - Waste Management and approved by Council’s Waste Coordinator prior to issue of a development permit for Building Works for demolition, removal or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free.  Higher gate fees are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The areas for the storage and separation of waste shown on a site plan;
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and
Table – Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s and the like. If the site remains vacant for more than 30 days the lot/s must be turfed or landscaped in accordance with Planning Scheme Policy PSP 2 – Landscaping and to the satisfaction of Council so as to not cause nuisance to the surrounding area.
All waste materials must be removed from site.
Litter, erosion and sediment control
Litter, erosion and sediment control measures must be installed and maintained until soils are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage system (e.g. roadside gutter).
Asbestos
Removal of building materials containing asbestos must be undertaken by a licensed asbestos removalist.
Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011 requires a licensed asbestos removalist to give notice to Workplace Health and Safety Queensland (WHSQ) of licensed asbestos removal work at least five days before the work commences. Notification must be made using Form 65: Notification of licensed asbestos removal work, demolition work or emergency demolition.
All building materials containing asbestos products are wrapped and disposed of in accordance with the Public Health Regulation 2006 and the Environmental Protection Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses businesses that transport asbestos waste, and landfills that accept this waste.
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at demolition of a building, the existing sanitary drain upstream from the connection point for a service provider’s sewerage system must be sealed water tight. This work is deemed as notifiable Work and must be carried out by a suitably licenced plumber who must submit an As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building Construction Commission) within 10 days of completing the work.
STORMWATER
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, AS/NZS3500.3 and the Queensland Urban Drainage Manual, and must include in particular:
Discharge of roofwater to Elanda Street kerb and channel. Any stormwater pits within the site which function under pressure are to be sealed to prevent surcharge from the roofwater system. Frontage works are to be provided to facilitate the disposal of site stormwater and connection to the trunk drainage network and are to include kerb and channel for the full site frontage and to existing kerb and channel in Pacific Ave and provision of a side-entry pit and piped connection at the intersection, upstream of future kerb-ramp alignment.
Provision of 3kL roofwater storage tanks for each unit, connected to at least 50% of the roof area and with the water captured to be plumbed for irrigation of garden beds at the site.
A system for collection and disposal of driveway runoff, to prevent ingress to the garages, is to be provided. Details of the drainage of both driveway and landscaped areas is to be provided with the application for Operational Works approval and is to incorporate both the infiltration of low flows and the replication of existing discharge patterns for surface flows leaving the site. A revised detention analysis is to be provide examining flows discharging East and is to determine whether detention is required for this discharge point based on not increasing peak flows in this direction.
Condition 33 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Landscaping Works
The development site must be landscaped. The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan PSP2 – Landscaping for that specific area and must include in particular:
the works shown on the submitted landscape plans prepared by Openspace Architecture (20-00902-CS01, 20-00902-LP01-05, version D, dated 03/08/2022), with the following amendments:
Front fences or walls must be set back an average of 1 metre and articulated, stepping the design at a maximum of 5m intervals.
An average 1 metre wide landscaping strip along the Elanda Street road frontage exclusive of the access driveway and generally uncompromised by infrastructure items.
Provision of 4 x 45 litre street trees.
Substitution of the following species with appropriate species that meet PSP2 – Landscaping policy or endemic to Noosa:
Archontophoenix cunninghamiana (palms not supported)
Ptychosperma elegans (palms not supported)
Randia fitzalanii (not endemic to Noosa)
Alpinia zerumbet (non-native)
Carissa ‘Desert Star’ (non-native)
Cordyline hybrids (non-native)
Heliconia psittacorum ‘Sassy’ (non-native)
Hibiscus rosa-sinensis (non-native)
Monstera deliciosa (non-native)
Doodia aspera (not endemic to Noosa)
Epipremnum aureum (non-native)
Liriope ‘Stripey White’ and ‘Evergreen Giant’ (non-native)
Neoregelia ‘Bossa Nova’ (non-native)
Philodendron ‘Xanadu’ (non-native)
Ficus pumila (non-native)
Crassula ovata ‘Red Edge’ (non-native)
Senecia ‘Blue Chalk Sticks’ (non-native)
Rosmarinus ‘Prostratus’ (non-native)
No use of synthetic turf.
Adequate vegetative screening of tanks.
Screening landscaping for side and rear boundaries must include screening plants which grow to a minimum height of 4m at maturity and provided at maximum 1.5m centres. Palms are not permitted to be utilised for screening.
Exotic species may be planted around the pool area only but not exceed 25% of the landscaping.
Exotic species must not be included as boundary screening plants. Boundaries must be screened with species selected from PSP2 – Landscaping or species endemic to Noosa (palms not permitted to be utilised for screening).
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.
ENGINEERING
External Works
Elanda Street must be upgraded.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
construction of kerb and channelling for the length of the frontage to the subject site that is a continuation of the kerb line to the north of the subject site and 8m offset from the kerb and channel on the western side of Elanda Street and underground stormwater drainage to the development side only
extension of the kerb and channel to the existing formation in Pacific Avenue including any additional stormwater structures and a connection to Council’s existing drainage system. The final alignment and stormwater structures are to be determined on site with Council’s delegate.
widening and sealing of the existing road pavement to the new kerb line
construction of a pedestrian footpath in accordance with the conditions of this Decision Notice
removal of the existing property access and reinstatement of the verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed
Condition 37 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Site Access and Driveways
Sealed access driveways must be provided from Elanda Street to all parking and manoeuvring areas of the development. The driveways must be located generally in accordance with the approved plans and undertaken in accordance with an Operational Works approval. The works must include in particular driveway crossovers generally in accordance with Council’s Standard Drawings RS-049 and RS-050.
Car Parking
A minimum of 9 car parking spaces must be provided on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
1 visitor parking space within the total, which are clearly marked for that purpose and accessible at all times for visitor use
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a 1.5 wide wide footpath within the road verge for the entire length of the site’s frontage to Elanda Street
Condition 41 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks
All earthworks and associated retaining structures/batters, both above and below ground, both temporary and permanent, 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.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
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.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
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.
LANDSCAPING
Qualified Person
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.
ENGINEERING
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.
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 vehicle and 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;
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, and emergency services 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 dump/fill sites, 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; and
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.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority
property notes
Not applicable
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Access, Frontage works, Stormwater, Drainage work, Earthworks, Landscaping
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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