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Delegated Report - Code - Planning MCU17 0563
Author Development Planner, Lisa Pienaar Development Assessment APPLICATION DETAILS Application No. MCU17/0563 & OPW17/0597 Applicant Mohammed Jamal Hussain, Lucy Helen Randall, Suzanne Maree Johnson Cole, David Andrew Johnson Proposal Material Change of Use - Multiple Housing - Type 2 Duplex Operational works for Access, Stormwater and Landscaping Properly Made Date 15 December 2017 Information Request Date 11 January 2018 Information Response Date 6 April 2018 Decision Due Date 24 May 2018 (Extended 8 June 2018) Report Completed Date 4 June 2018 Number of Submissions Not Applicable PROPERTY DETAILS Property Address 30 & 32 The Cockleshell Noosaville Qld 4566 RP Description Lot 11 RP 138550 & Lot 0, 1 & 2 BUP 6971 Land Area 602 m² and 601.55 m² (combined 1203m2) Existing Use of Land A dwelling exists and units exist on these lots STATUTORY DETAILS SEQRP Designation Urban Footprint Locality Noosaville Zone Attached Housing Overlays Natural Hazard overlay – Flood hazard and Acid Sulfate Assessment Type Code PROPOSAL The application seeks approval for a Material Change of Use - Multiple Housing (Type 2 Duplex) x 2 and associated operational works. Each duplex on each lot is 2 storeys, each with 3 bedrooms, kitchen, dining, lounge, outdoor area and pool, and a 2 car garage. The garages are orientated internally and the development accesses via 2 driveway crossovers with a communal driveway and manoeuvring area. site details Background 2 units (1 x 3 bedroom and 1 x 2 bedroom units) were approved at 32 The Cockleshell (TPC1136) in 1980. A duplex was approved 26 June 2015 (MCU15/0047) at 30 The Cockleshell to replace a dwelling that currently exists, which has not been acted upon. It is due to lapse June 2019. Site Description The site is located in Noosaville and is rectangular in shape with a combined frontage to The Cockleshell of 34 metres. A dwelling house is situated at No. 30 and a duplex is situated on No. 32. The site is in close proximity to the Noosaville Village Shopping complex and Gympie Terrace. Figure 2 - Proposed duplex Surrounding Land Uses The subject sites are surrounded by a mix of low to medium density residential dwellings, including houses, duplex and multiple dwelling units. Gympie Terrace is in walking distance to the north of the subject sites. 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 The Noosa Plan. The following codes from the Noosa Plan are applicable to this development: Residential Uses Code Landscaping Code Driveways and Carparking Code Water Sensitive Design Code The subject site is located in the Noosaville Locality and is zoned Attached housing. The proposed use is defined as consistent use with 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 Population density 100 persons per hectare. 6 persons per site x 2 = 12 persons over both sites for attached housing Semi-attached housing 13.2 persons 6.6 persons x 2 = 13.2 persons X (complies with semi-attached housing zone) Gross floor area or Plot ratio 240.8m2 & 240.4 m2 = 481.2 m2 for attached housing zone 0:45:1 semi-attached 269.2m² x 2 = 538.4m2 0:44.:1 semi - attached X Site cover 40% max 39.6/39.7 % Landscaped open space Soft landscaping Landscaping Setbacks 264 m² min < min 60% of total 244m² & 244m² (108m2 x 2 soft) X (complies with Attached Housing zone, but not the additional required in lieu of the support of increased density) X Building height storeys metres 2 storeys 8 metres 2 storeys 8 metres Boundary setbacks Frontage Side Side Rear 6 metres min Half building height (measured half height of gable) (3.7m) 6 metres min 6 metres with exception of 2 pools that are 1.6m setback and entry porticos 2.61 setback 4.174 m top level metres 1.7 m – ground floor 4.8 metres (pools .2m and porticos .8m off the boundary) X X Length of wall 15 metres max n/a – side by side garages 11 m Carparking 2 covered min (per dwelling) 8 covered cONSULTATION Referral Agencies Not applicable Other Referrals The application was forwarded to the following internal Council officers: Engineering Officer Environmental Officer Density and gross floor area The proposal meets the site cover and landscaping provisions for the Attached Housing zone thus providing a building bulk and scale, and appearance and open space similar to other multiple dwellings in the zone, albeit exceeding density and GFA. Given the development as a whole maintains the character of the area and also meets the provisions for a duplex were it in the Semi Attached Housing zone, the additional GFA and density does not raise any significant concerns. It is noted the difference in planning parameters between the 2 urban residential zones for a duplex is in accordance with a Briefing note dated April 2017. The proposal is well articulated and provides sufficient open space for residents. Refer to the below table for residential zone yield across each zone. Criteria for a duplex Attached Housing zone Proposals yield Semi-Attached Housing zone Proposals yield Difference Gross Floor Area/Plot Ratio Maximum population x 40m² = 240.8m² and 240.4 m² 0.45:1 or 269.2 m² 28.4 & 28.8m² greater in Semi-Attached Density 6.02 and 6.01 persons = 2 x 2 bedroom unit per site 6.6 persons = 2 x 3 bedroom units (13.2 for 2 duplex) 0.4 & 0.5 1 additional bedroom in the Semi – Attached zone Setbacks Probable Solution S1.1 of the Building Works Code seeks a minimum front boundary setback of 6.0m. The minimum setback is sought to ensure development does not present an appearance of excessive bulk on the streetscape while remaining consistent with the existing pattern of development in the street. Although the duplex dwellings are setback 6 metres from the front boundary, the pools encroach within that setback by 4.4 metres and the front entry porticos encroach 3.39m. Landscaping is proposed between the pool area and beyond the front fence. The architectural design contributes positively to the streetscape and this reduced setback is considered acceptable in this instance. Likewise, the pools and portico for the rear dwellings encroach on the rear setback by 0.2 metres and 0.8 metres respectively. The building has a setback of 4.8 metres in lieu of the required 6 metre setback. This is of little concern with regard to impacts on the adjoining properties to the east, as they are commercial buildings located on Thomas Street Landscaping and built form A 1.4 metre wide landscaping strip is proposed along the sites frontage in front of the proposed fence, which curves inwards within the site lining the shared driveway, that leads to the garaging. Landscaping is also proposed between the 2 driveways, within the outdoor entertaining areas, front and rear, along the building face leading up to the entry points and garages and an area between the rear dwellings. Landscaping is also proposed along the north, south and eastern boundaries to adjoining properties. Other landscape features include the porticos associated with each dwelling unit and stepping stones associated with outdoor areas. A turfed area is proposed between the proposed footpath and road. Two 75 litre street trees will be conditioned as part of the proposal. Refer Figure 3 – Proposed landscaping. Figure 3 – Proposed landscaping It is noted that Council is agreeable to the increase in site density to 6.6 persons, and therefore there would also be a requirement for landscaped area be increased also (to the requirements required in a semi-attached zone (proposed population x 40m2)). In this regard, the proposed landscape area does not meet the minimum requirements as required under The Noosa Plan. This is largely due to the orientation of the garages which are internal to the site and the associated driveway and manoeuvring area – areas that are not able to be landscaped. This orientation ensures that no garages will dominate the streetscape. The proposed landscaping is appropriately placed and integrates within the development with a mix of trees, shrubs and ground covers. The proposed landscaping areas provide appropriate amenity to neighbouring properties and the building style with landscape features contribute positively to the streetscape. The proposal complies with the Attached House zone requirements under The Noosa Plan. The application as originally submitted, showed French provincial style buildings with large columns and building bulk. As a result of Council’s information request, the architectural style changed to a sub-tropical, Queenslander style, typical of Noosaville’s character. Although each duplex pair is of similar architectural style, they are slightly different, adding an appealing visual interest to the streetscape. Refer Figure 4 – duplex fronting The Cockleshell. Figure 4 – duplex fronting The Cockleshell Access The dwellings gain access from 2 crossovers that meet within a manoeuvring and garaging area, in the middle of the site. The applicant has indicated that an access easement is to be created in lieu of the amalgamation of the lots. The applicant will be required to lodge an application for Reconfiguring a Lot for the access easement creation. This will be conditioned accordingly. 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 MCU17/0563 for a Material Change of Use - Multiple Housing - Type 2 Duplex x 2 and Development Permit for Operational Works – Access, Stormwater and Landscaping, situated at 30 & 32 The Cockleshell Noosaville Qld 4566 and described as Lot 11 RP 138550 & Lot 0, 1 & 2 BUP 6971, it is recommended the application be approved in accordance with the following details for the Decision Notice: application details Application No: MCU17/0563 Street address: 30 & 32 The Cockleshell Noosaville Qld 4566 Real property description: Lot 11 RP 138550 & Lot 0, 1 & 2 BUP 6971 Planning Scheme: The Noosa Plan (27 November 2017) Decision details Council decided to issue the following type of approval: Development Permit for Material Change of Use - Multiple Housing - Type 2 Duplex (x2) Development Permit for Operational Works – Access, Stormwater and Landscaping CURRENCY PERIOD of approval The currency period for this development approval is 6 years starting the day that this development approval takes effect. assessment manager conditions MATERIAL CHANGE OF USE 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. Plan/Document Name Date 02 Proposed Site Plan, drawn by Icon Building Design 6 April 2018 03 Ground Floor, drawn by Icon Building Design 6 April 2018 04 First Floor, drawn by Icon Building Design 6 April 2018 05 Elevations, drawn by Icon Building Design 6 April 2018 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 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. Building Height The maximum height of the development must not exceed 8.0 metres above the finished ground level and natural ground surface. 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 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, except where required to satisfy any privacy condition of this Decision Notice. Clothes Drying Areas Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view. Waste Storage The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. External Works The Cockleshell must be upgraded for the length of its frontage to the subject site. The works must include in particular a 2m wide footpath generally as shown on the approved plans. Site Access and Driveways A sealed access driveway for entry and exit must be provided from The Cockleshell to all parking and manoeuvring areas of the development. The works must be undertaken generally in accordance with the approved plans. Any proposed directional signage must be placed wholly within the private property. Car Parking A minimum of 4 car parking spaces (total 8) must be provided on each site. The carparking must be provided generally in accordance with the approved plans. Stormwater Drainage The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken generally in accordance with the approved plans (drawing numbers 2017115-01 to 2017115-12 prepared by 360 Civil Consulting Pty Ltd). Electricity and Telecommunication 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 which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction. Easements An easement for drainage purposes must be registered in favour of Council against the titles of Lot 1 RP138550 and Lot 0 BUP6971. The easement must be a minimum of 4m wide overall, be centrally located over the stormwater drainage line and extend from The Cockleshell boundary to the eastern boundaries of the subject sites. The easement must be registered prior to the commencement of the use. Reciprocal easements for access and services must be created against the titles of Lot 1 RP138550 and Lot 0 BUP6971. The easements must sufficient to fully encompass the entry and exit driveways, the manoeuvring area between the garaging and any services that are located within the adjoining property. The easements must be registered prior to the commencement of the use. 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 and Retaining Walls All fill, associated retaining walls and foundations 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. 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. OPERATIONAL WORKS 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 2017115- 01 of 12 B Locality Plan and Drawing Index prepared by 360 Civil Consulting Pty Ltd 15 March 2018 2017115- 03 of 12 C Stormwater and Development Layout Plan prepared by 360 Civil Consulting Pty Ltd 9 May 2018 2017115- 04 of 12 B Earthworks Plan prepared by 360 Civil Consulting Pty Ltd 15 March 2018 2017115- 05 of 12 A Earthworks Sections prepared by 360 Civil Consulting Pty Ltd 8 March 2018 2017115- 06 of 12 A Driveways and Stormwater Setout Plan prepared by 360 Civil Consulting Pty Ltd 8 March 2018 2017115- 07 of 12 A Pavement and Jointing Details Plan prepared by 360 Civil Consulting Pty Ltd 8 March 2018 2017115- 11 of 12 Driveway Longitudinal Sections prepared by 360 Civil Consulting Pty Ltd 4 November 2017 2017115- 12 of 12 Driveway Cross Sections prepared by 360 Civil Consulting Pty Ltd 4 November 2017 ED 17215 OPW 01 B Operational Works Landscape Plan, prepared by element design (as amended by Council) 20 March 2018 ED 17215 OPW 02 B Operational Works Landscape Plan, prepared by element design 20 March 2018 ED 17215 OPW 03 B Operational Works Landscape Plan, prepared by element design 20 March 2018 PRIOR TO COMMENCEMENT OF WORKS Engineering Tree protection fencing must be installed under the supervision of the Project Arborist. (Refer to Retention of Existing Trees Conditions) All necessary approvals from external service providers (eg Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council. A condition report of the drainage system must be completed for agreement at the prestart meeting. The condition report is to include a CCTV inspection of the existing pipe. 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 at 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 6245. 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; 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 Proposed fencing to the site during the construction phase of the development Adequate parking arrangements for construction workers No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures Works programme identifying key components of the works and their respective durations Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues identification of complaint management procedures including: contact details for the on-site manager dispute resolution procedures For haulage operations involving significant volumes of fill material or excavated material being transported onto or off the site: details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring. 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. DURING CONSTRUCTION Engineering The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development. All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers. 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 approval to which this approval relates All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines 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 Pavement Design and Construction Pavement design for privately owned works must be undertaken in accordance with the relevant standards. Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ. 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 All pathways must be constructed in accordance with the following requirements: All footpath/cycleway must comply with Council’s Standard Drawing RS-065. 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 Pathways must: terminate in a manner that ensures smooth transition to existing surfaces for public safety be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS1428 Design for access and mobility. Site Access and Driveways 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 Section 8 of the Standard, and to a minimum of ‘Level 1’ as defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and uniformity of fill shall be provided by a RPEQ and submitted to Council prior to the commencement of the use. 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 (eg by blocking or interfering with natural overland flows or the creation of additional ponding). Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3. 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). Prior to the commencement of the 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 (refer to advisory notes). 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. 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 a timber edge. 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. Street trees must: Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC); Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines; Be located between the back of kerb and path generally as shown on the amended landscape plan; Be a minimum pot size of 75 L and of either Elaeocarpus reticulatus, Harpullia pendula, Acronychia imperforata or Banksia integrifolia; Be established in accordance with the following detail: https://www.noosa.qld.gov.au/documents/40217326/bbb2508a-584f-4cf3-965c-f28c6fd7e56f 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. 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. FOLLOWING CONSTRUCTION / PRIOR TO COMMENCEMENT OF THE USE 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. As Constructed Plans and ADAC XML Files (Council) Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory “As-Constructed” records must be submitted to Council. The bundle of “As Constructed” information shall include: As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and; ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed) prepared in accordance with industry standards and recorded in “MGA - UTM56 / GDA94” projection. Please Note: Further information and advice relating to the as-constructed drawing presentation, as-constructed survey capture and associated guidelines for preparation of a compliant ADAC XML digital file are available on the webpage titled “As-Constructed Guidelines” and accessible at the Noosa Council Website: Planning & Development / Development Tools & Guidelines / As-Constructed Guidelines. The “As-Constructed” drawings will require certification by a: Qualified experienced Civil Engineer (RPEQ) confirming design intent and conformance with applicable standards and specifications, along with the relevant descriptions of assets, services and structures and; Licensed Surveyor in regard to the cadastral and locational information, levels and applicable survey datum. The data must be in accordance with Council’s “Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks”, and fully detail the levels for all engineering works including but not limited to the drainage network and structures, finished ground and pavement surface levels. Landscaping, including all assets and improvements within parks, open space and road reserves areas are to be shown on an accompanying separate landscape plan (prepared in .dwg file format with accompanying hardcopy PDFs) and include a complaint ADAC XML file. Details of the landscaping and all associated assets and improvements may be included in the ADAC XML digital file prepared for associated civil infrastructure, or alternatively, be provided as a separate ADAC XML digital file containing landscape and asset information only. On Maintenance All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to plan sealing. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council: certification that all works have been undertaken and completed in accordance with the requirements of this Permit as Constructed details in accordance with Council’s Planning Scheme Policy maintenance and operational manuals for all proprietary or site specific devices Off Maintenance Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection. A re-inspection fee in accordance with Council’s 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. 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 This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. 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. Private Infrastructure All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority. General Advisory Notes 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 6245 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. 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: the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2 or other superseding document subsequently adopted by Council; Best Practice Erosion and Sediment Control, International Erosion Control Association (2008) 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. property notes Not applicable. VARIATION approval Not applicable. further development permits required Type of Development Permit Required Subject of the required Development Permit Development Permit for Building Works Private Certification Development Permit for Reconfiguring a Lot Access Easement 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. [word/footer1.xml] Page 18 of 18 [word/header1.xml] 3 [word/header2.xml] DEVELOPMENT ASSESSMENT DELEGATED REPORT [Attachment: image2.png (image text)] t [Attachment: image5.png (image text)] [Street Tree [Attachment: image6.png (image text)] h iis =
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