Decision Notice - Approved by Delegation of Authority MCU20 0024

Officer: 	Glen Conforti
Direct Telephone: 	07 53296241
Our Reference:	MCU20/0024 & OPW20/0055 :
Your Reference:	02552
5 February 2021
LM Cooney
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 2 February 2021, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU20/0024 & OPW20/0055
Street address:	3 Avocet Pde Peregian Beach Qld 4573
Real property description:	Lot 320 P 93113
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use for Multiple Housing  Type 2 - duplex
Development Permit for Operational Works – Stormwater, car parking, driveway, external works 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 – MCU20/0024
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
16.1219-1A	A	Site Plan/Sub Floor Plan, prepared by and+design	8 June 2020
16.1219-2A	A	Site Plan/Ground Floor Plan, prepared by and+design	8 June 2020
16.1219-3A	A	Site Plan/First Floor Plan, prepared by and+design	8 June 2020
16.1219-4A	A	Site Plan/Roof Plan, prepared by and+design	8 June 2020
16.1219-5A	A	Elevations, prepared by and+design	8 June 2020
DA01	01	Landscape Concept, prepared by James Ross Landscape Design as annotated by Council	Feb 20
Nature and Extent of Approved Use
One Multiple housing type 2 - duplex is approved. In this regard the existing building located to the northern side of the site must be 1 dwelling unit in accordance with The Noosa Plan 2016 and the approved plans.
The plot ratio of the development must not exceed 0.45:1.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 2 February 2027, unless an application to extend the currency period is approved by Council.
Built Form
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level and 2 storeys except for the existing building which must not exceed the building height (metres and storeys) indicated on the approved plans.
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.
The external finishes on the existing building must be in accordance with the approved plans.
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 a 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.
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.
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 or as indicated on the approved plans.
Protection of Privacy
To ensure privacy is protected between adjoining properties, any windows of the new dwelling unit  that has the potential to overlook or view into habitable room windows or private open space of neighbouring properties must either:
have a minimum window sill height or 1.7 metres above floor level;
be fitted with translucent glazing; or
be fitted with a fixed external screen.
Any balconies of the new dwelling unit 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 neighbouring property.
Fencing
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; or
be of open construction.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
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.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
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 area of land between the proposed fence and the front property boundary must be densely landscaped to screen any fencing from the street. In this regard, within the property, taller native vegetation that grows to a minimum height of 5m must be provided at 3m centres and have a minimum pot size of 200mm and planted along the full length of the proposed fence indicated on the approved landscape plan.
ENVIRONMENTAL HEALTH
Waste Storage
The development 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.
Noise
Written certification must be provided from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following:
Air-conditioning and Refrigeration
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable = background + 3dB(A)
Pumps
7am to 7pm: Maximum level allowable = background + 5dB(A)
7pm to 10pm: Maximum level allowable = background + 3dB(A)
10pm to 7am: No audible noise.
The certification must be submitted to Council, which certifies that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice.
Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with either:
Australian Standard AS1055.1 “Acoustics–Description and measurement of environmental noise – General procedures”, or
The relevant “Noise Measurement Manual” as provided by the Department of Environment and Heritage Protection.
Environmental Protection
The development must be undertaken in a manner that causes no unlawful environmental nuisance under the Environmental Protection Act 1994 by the creation of excessive noise, lighting, waste, atmospheric pollutants (including dust or odours) or other releases to the environment.
ENGINEERING
External Works
Avocet Parade must be upgraded for the length of its frontage to the subject site.  The works must include in particular:
construction of kerb and channelling generally in accordance with drawing number 30031-OW4.1 Revision A prepared by SCG Consulting Engineers dated 15 July 2020
widening and sealing of the existing road pavement to the new kerb line
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
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Site Access and Driveways
A sealed access driveway must be provided from Avocet Parade to all parking and manoeuvring areas of the development. The works must be undertaken generally in accordance with the approved plans
Car Parking
A minimum of 4 car parking spaces must be provided on the site in accordance with the approved plans. The car parking must include in particular:
dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004 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.
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 drawing number 30031-SW1.1 Revision a prepared by SCG Consulting Engineers dated 15 July 2020.
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 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. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.

OPERATIONAL WORKS – OPW20/0055
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
30031-C3.1	A	Civil Works: Driveway Details prepared by SCG Consulting Engineers	15 July 2020
30031-SW1.1	A	Civil Works: Stormwater Management prepared by SCG Consulting Engineers	15 July 2020
30031-OW4.1	A	Civil Works: Kerb & Channel prepared by SCG Consulting Engineers	15 July 2020
DA01	01	Landscape Concept, prepared by James Ross Landscape Design as annotated by Council	Feb 20
Currency Period
The Currency Period for this development approval for operational works lapses if the development has not substantially started by 1 February 2025, unless an application to extend the currency period is approved by Council.
Site Specific Conditions
The extent of scour protection (turfing) in the discharge area at the eastern end of the new kerb must be determined on site in conjunction with Council’s Construction Officer.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
Tree protection fencing must be installed under the supervision of the Project Arborist.
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 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;
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
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.
Landscape
Landscape works must be undertaken in accordance with this Decision Notice.
The area of land between the proposed fence and the front property boundary must be densely landscaped to screen any fencing from the street. In this regard, within the property, taller native vegetation that grows to a minimum height of 5m must be provided at 3m centres and have a minimum pot size of 200mm and planted along the full length of the proposed fence as indicated on the approved landscape plan.
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  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
Roadworks (External Roadworks & Road Widening Works)
All pavement widening or construction of new pavement must join neatly to the existing pavement so that there are no irregularities in line or level resulting at or adjacent to the join for the length of the construction. Where necessary the existing pavement must be brought to a satisfactory standard to allow for the above.
All street surfacing must consist of a minimum depth of 30mm of an approved hot mixed asphaltic concrete, unless other pavement types are approved as feature areas in intersection thresholds, speed control devices, turning areas, indented parking etc.
The developer must notify Council’s Traffic Engineer for any works involving the removal or modification of existing council traffic signs and/or parking bays prior to such works commencing.
Root barriers are required to be installed behind the back of kerb for all new kerbs within 5m of a trunk of a tree.
Pavement Design and Construction
The pavement designs shown on the engineering drawings are not approved. To attain approval for the pavement design, the following details must be submitted and certified by an RPEQ with the proposed pavement design:
The design CBR must be based on the four day soaked CBR value for the subgrade material.
The design subgrade CBR must be representative of each homogenous insitu section of finished subgrade. With respect to each section:
For four or less test results, the design CBR must be taken as the least estimated insitu CBR result.
For five or more test results, the design CBR must be taken as the 10th percentile of all estimated insitu CBR results
The samples must be taken generally in the position of the outer wheel path on both sides of the proposed road.  A sketch plan showing the location of all tests must be submitted with the test results for pavement design approval
Where imported material has been (or is proposed to be) used for subgrade replacement, and the depth of the imported material is less than 300mm, the pavement design CBR must be based on the testing results of the insitu material and not the imported material.
At the time of subgrade inspection, the subgrade must exhibit no visible signs of deformation under proof rolling by a fully loaded water truck. The pavement subgrade will not be passed until this requirement has been achieved.
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.
The verge is to be modified such that the maximum crossfall for the verge is 5%.
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.
Site Access and Driveways
The driveway crossover must be constructed in accordance with Council’s Standard Drawing RS-049 and RS-050 together with any associated addendum.
Any existing unnecessary or redundant property accesses must be removed, and the verge area reinstated to match the existing 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
Earthworks and Retaining Walls
All earthworks must 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. 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).
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 9 of Environmental Protection Regulation 2008) 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.
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 6 – Engineering Design Standards”, 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
The developer is responsible for the maintenance of all development works which are to become Council assets (includes civil infrastructure, landscaping) for a minimum period of 12 months or as otherwise advised by Council. This period will commence from Council’s formal acceptance of the development “on maintenance”.
The developer must submit a Maintenance Bond to Council to ensure the above works are maintained during this period. The maintenance bond must be:
5% of the agreed value of the development obligations; or
$1500, whichever is the greater amount.
Prior to requesting an On Maintenance inspection, the following information package (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
All required bonds.
Landscaping certification including certification of street trees to meet Australian Standard AS2303 – Tree Stock for Landscape Use
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
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Advice	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 4, Division 3, Subdivision 1, Table 1 (Planning Regulation 2017) Development application for a material change of use within an area of substantial unexploded ordnance potential	The agency provided its response on 1 May 2020  (Reference No. 02552). A copy of the response is attached
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 on 07 3247 6212 to discuss any obligations under the ACH Act.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section 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. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
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
Environmental health
Acoustic Advice & Design
It is highly recommended that the developer seek the advice and design input of a qualified acoustic consultant at the plan development stage to ensure the development does not cause a noise nuisance under the Environmental Protection Act 1994. Attention should be given to the following (but not limited to):
building design and construction
design, selection and installation of fixed plant and equipment
he location of air conditioning and heating units, refrigeration plant, pumps, mechanical exhausts and plant rooms etc
the use of acoustic enclosures/screens around noisy plant and equipment.
operating times.
In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint, cement, concrete, builder’s waste or other prescribed contaminants must not to be released to or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.
For measure of sound pressure levels (noise conditions), a qualified person is considered to be either:
a Registered Professional Engineer of Queensland, or;
an environmental consultant with a minimum of 3 years current experience in the field of acoustics.
Engineering
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 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
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 document
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 final 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 the final inspection, 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 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.
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 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.

Yours faithfully,

Glen Conforti
Development Planner

Enc:	Appeal Rights
Referral Agency Response
Infrastructure Charge Notice
Approved Plans/Documents

cc.	 SARA at DILGP
Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/
(for assistance, contact DILGP at 5352 9701 or email [email protected])

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

<

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

[word/footer1.xml]
Page 4 of 4

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 4

[Attachment: image3.png (image text)]
 

Sy

 

 

nay 20

SARA response—3 Avocet Parade, Peregian Beach

“The covecpnet pplinton creado a conned 2 spay eter e Desarnert
‘Se Devanpmere Maniac, assure a Prey o0 21 AZO.

 

Response

oasore aera ae ee

Datorrspnse: 1 ny2000

conan “Te contanen Atatment mu anes any

isomer pros

sates ‘ceo e pnt in Atactnet?.

ese: “Te rescns re teal agency reponse atten

Development details

eset: Devegmenpermt Mart range tue ora anex
(Seiwa, Senco eats
Spourarciong

crear etre Arey

sarge ‘eee 1, Pat von Subason 1, Tan 1 Panning

 

 


[Attachment: image4.png (image text)]
es
es propery sce:
Aaplcat rane.
Aaplcar crta a:

Representations

Peguten 017)
Secroes acest cee me
‘ects eros are

‘3 aoe Pre, Pee Seach

type coeney

Pasregrareocinengcom

FRESE,

=
‘ese secure rane ara sey ree 2 Deve Acre! Mae)
(apes ne rece evans an Aachen

_Acopy te repre hs ban canto tne splint rn nesta.

‘Fornterematon pease conta Fun Cid, Nene Paring oe on S82 STS
(eral sEeNomsaRAGasoTp. goa wo wr be paseo as.

 

 


[Attachment: image5.png (image text)]
 

Attachment 1—Referral agency conditions

 

i [Gene [conan ng

sea cage se

Planing Roguton 2017, seas 1, Pa Deion 3 Tans tT cae oaae

| sanncerng ne Paring Ac 20 omaes be Ores Cereal Cepia Sa

| Sevacone arcu nracrmar ara Paring he ernment aunor9 or

svecpmerta wen fis aevecprert spores re saree ar enero oy

rater reang bbe ioung crater:

| Poe wren ets be Dapsine Se Deoprere | Par
Meruschmng, nramcureandParengey a1 sppove enact oo | conmereenen

‘pe aural Goverment Depatrert of sence oped Onna | ofan

(Gio) Pane nat be ane ces bee fered aces

rerposes crranoss

‘The unoxioced Gcnarce (UXO) Panes one st
pena iene go ausatenarapenertsgpotcerenoTo=ngage
=

 

 

 

 

 

 

 

 

 


[Attachment: image6.png (image text)]
 

Attachment 2—Advice to the applicant

 

 

er
’ Se
Zenme

 

72 | ips ne cues, ope and wy Patan TBOIRUTD WOH GT GIRS CTE IGA
(2) apt U0 mayo tt og ec on POSS
(®) Te oceaue te lone yan sen tng ano sped beg
(Spanecnnaneo amporen ae
"ase ie plce rey
‘brat det e ceet
{ate acon nee sropl, prevent eng taney acer

5F Ree

 

 

 

 

 

 


[Attachment: image7.png (image text)]
‘Attachment for referral agency response.
ates change
wie Se
2017
Pons

[Attachment: image8.png (image text)]
ee) NOOSA COUNCIL