Delegated Report - Code - Planning MCU20 0026 · MCU20/0026

Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0026
Applicant	Sanya Holdings Pty Ltd TTE
Proposal	Material Change of Use - Detached House
Properly Made Date	1 April 2020
Information Request Date	1 May 2020
Information Response Date	23 June 2020
Decision Due Date	24 September 2020
Report Completed Date	24 September 2020
Report Reviewed By	Glen Conforti - 24 September 2020
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	40 Park Crescent, Sunshine Beach Qld 4567
RP Description	Lot 599 on RP48112
Land Area	551.0000 m²
Existing Use of Land	Detached house

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Attached Housing Zone
Overlays	Natural Hazards (Landslide Hazard, Acid Sulfate Soils) Natural Resource Overlay (Coastal Protection)
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use for a Detached House within the Coastal Protection Overlay. The proposal is for a 3 storey dwelling, plus a basement level, and is 12 metres in height. The dwelling includes five bedrooms, seven toilet and/or bathrooms, one kitchen, a kitchenette, multiple indoor and outdoor living areas and a two car garage. The locality and proposal plans are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan (Ground Floor, Level 01, Level 02, Level 03)

Figure 4 – Elevations (south west (frontage), south east, north west, north east (rear))

Figure 5 – Renders (south west (frontage), south east, north west, north east (rear))

site details
Site Description
The site currently contains an existing detached house, which will be demolished and replaced by the proposed development. The site slopes steeply from the south west (street frontage) to the north eastern/rear boundary, generally levelling off towards the rear of the property, which adjoins a walkway to the beach. The site also contains a drainage easement along the western half of the northern property boundary (refer to Figure 6 below).

Figure 6: Site Topography
Surrounding Land Uses
Adjoining the site to the north is a multiple dwelling development consisting of seven 3 storey dwelling units, to the south is a 3 storey duplex, and to the rear is a walkway to the beach. Opposite the site are a variety of 3 and 4 storey unit complexes which are characteristic of development along Park Crescent and the nearby Crank Street. To the south east are nine lots zoned as Detached Housing, which directly adjoin the dunes (refer to Figure 7).

Figure 7: Surrounding land zoning (subject site outlined in green)

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:
Detached House Code; and
Natural Resource Overlay Code (Coastal Protection).
The subject site is located in the Eastern Beaches Locality and is zoned Attached Housing. The proposed detached house is identified as a consistent use within the zone and is required to follow a code assessable application process as the site is affected by the Coastal Protection Overlay.
The proposal is subject to assessment against the Detached House Code only under Noosa Plan 2006, however, as the proposal is seeking approval for a 12m / 3 storey dwelling as per the provisions of the Eastern Beaches Locality Code, the below assessment also includes assessment against the Eastern Beaches Locality Code. It is considered that given the proposed height of the dwelling, other relevant built form outcomes of the Locality Code are required to be met to ensure the development is consistent with existing development in proximity to the subject site.
Criteria	Proposed	Detached House Code	Complies	Attached Housing Code	Complies
Site Area	551m²	N/A	N/A	N/A	N/A
Site cover	38.7%	40% all storeys		35%	X
Density	3.3	N/A	N/A	8.83	
Building height storeys metres	3 storeys 12 metres	2 storeys 8 metres	X X	3 storeys 12 metres	
Boundary setbacks Ground Floor Frontage Side (north) Side (south) Rear	6.2 metres 1.9 metres 2.5 metres 13.2 metres	6.0 metres 1.5 metres 1.5 metres 6.0 metres		Setbacks for a Duplex within the Attached Housing Zone are commensurate with setbacks under the Detached House Code
Level 01 Frontage Side (north) Side (south) Rear	6.2 metres 2.5 metres 2.5 metres 9.0 metres	6.0 metres 2.5 metres 2.5 metres 6.0 metres		
Level 02 Frontage Side (north) Side (south) Rear	6.2 metres 4.2m to awning 2.0 metres 2.5 metres 9.0 metres	6.0 metres 6.0 metres 2.5 metres 3.0 metres 6.0 metres	X X	
Level 03 Frontage Side (north) Side (south) Rear	6.2 metres 2.0 metres 2.5 metres 9.0 metres	10.0 metres 3.0 metres 3.0 metres 6.0 metres	X X X	
Soft landscaping	>110m²	110m² min (20% min)		2m width to frontage	X
Roof Form Pitch Eaves	5 degrees 70%	Min 5 degrees Min 600mm to 75%	X	Roof form provisions within the Attached Housing Zone are commensurate with the  Detached House Code requirements
Garage Doors	6 metres	6 metres max		Garage door provisions within the Attached Housing Zone are commensurate with the  Detached House Code  requirements
Building Height
Probable Solution S10.1 of the Detached House Code requires buildings and other structures to have a maximum height of 8 metres, whilst Specific Outcome O10 requires buildings and other structures to have a maximum building height of 2 storeys.
The proposal is for a detached house a maximum of 12m and 3 storeys (plus a basement) in height, and as such, does not comply with Probable Solution S10.1 or Specific Outcome O10 of the Detached House Code.
The Overall Outcomes sought by the Detached House Code are to ensure that detached houses:
only occur on land that is suited for the intended form of development and the occupation and use of the building and site by the residents.
are only developed on land which is not located in the vicinity of land uses—
which would adversely impact the occupation and use of buildings and the site by the residents; or
which would result in the residential development preventing or inhibiting the conduct of existing land uses.
are attractive and consistent with the developed character of the particular neighbourhood;
retain the natural landscape character and visual quality of hill slopes and ridgelines;
offer high levels of amenity, safety and security for the occupants;
have an adequate supply of water;
where not in a sewerage service area, effluent disposal systems are designed and sited to minimise adverse effects on the environment; and
avoid adverse impacts on environmental values including environmentally sensitive areas
The proposed detached house complies with the Overall Outcomes of the Detached House Code, as the proposal:
is situated on land suited and intended for the proposed use, being a detached house on a residential zoned lot;
is proposed on land which would not adversely impact on the amenity or use by residents and would not prevent or inhibit existing land uses, as the proposal is for a detached house on a residential zoned lot surrounded by existing residential uses;
design is attractive and consistent with the developed character of Sunshine Beach in terms of it being a residential use of a similar bulk and scale of surrounding development, with the dwelling presenting as two storeys and 6.53m in height to the street frontage (5.17m in height when viewed from the road boundary and 9.52m in height from natural ground level)  (refer to Figure 8);
will retain the natural landscape character and visual quality of hill slopes and ridgelines;
high levels of amenity, safety and security for the occupants are achieved through the design of the detached house;
will be connected to Unity Water infrastructure and therefore will have an adequate supply of water;
will be connected to Unity Water infrastructure and as such will have adequate sewerage infrastructure; and
avoids adverse impacts on environmental values.
As such, the proposal is considered to comply with the Overall Outcomes of the Detached House Code.

Figure 8: Maximum height when viewed from road frontage
It is also noted that Probable Solution S4.1 of the Eastern Beaches Locality Code requires buildings and other structures to have a maximum height of 12 metres if located in Sunshine Beach and within the Attached Housing Zone, whilst Specific Outcome O4 requires buildings and other structures do not exceed a maximum height of 3 storeys if located in Sunshine Beach and within the Attached Housing Zone. As such, the proposal complies with building height in terms of metres and storeys as per the requirements of the Attached Housing Code, and is consistent with development in this section of Park Crescent, with the properties in proximity containing the following development:
38 Park Crescent (to the south east) – A 12m and 3 storey high duplex, with a 0m setback to the garage and a 6m setback to the main building, 8.6m in height from natural ground level (refer to Figure 9). It is noted this site also had a 2015 approval for a 3 storey, 12m detached house that was not acted upon.
23 Crank Street (to the north west) – seven multiple dwelling units across three separate buildings. A row of five units along the Crank Street boundary are three storeys and approximately 10m in height, including ground level carparking and two levels of residential units above, whilst the other two buildings located to the rear of the property are two storeys and approximately 7m in height (refer to Figure 10).
21 Park Crescent (opposite) – nine multiple dwelling units, four storeys in height including ground level carparking and three levels of residential units above (refer to Figure 11).
For clarity, were this development a duplex it would fully comply with building height in metres and storeys for the zone.

Figure 9: 38 Park Crescent

Figure 10: 23 Crank Street

Figure 11: 21 Park Crescent
SITE COVER
Probable Solution S11.1 of the Detached House Code states site cover of class 1 and class 10 buildings or structure does not exceed—
b) 	for a building of 2 or more storeys – 50% on the ground floor and 30% for the upper storey(s), or 40% for all storeys;
The proposal, at 38.7% site cover for all storeys, complies with site cover as per the requirements of the Detached House Code.
However, Specific Outcome O7 of the Eastern Beaches Locality Code states site cover for the Attached Housing Zone does not exceed 35% in Sunshine Beach. The proposal, at 38.7% site cover (refer to Figure 12) does not comply with the requirements of the Eastern Beaches Locality Code. Given that on this site a 3 storey duplex or multiple housing is required to meet 35% site cover, the proposed 3 storey detached house with a site cover of nearly 39% is not in scale with surrounding development which have a site cover of 35%..
As such, site cover will be conditioned to comply with a maximum of 35%.

Figure 12: Site cover calculation
Setbacks
Probable Solution S1.1 of the Detached House Code requires the following setbacks for dwellings:
Frontage - 6m
Other boundaries
1.5m setback up to 4.5m height;
2m setback between 4.5m - 7.5m height; and
2m plus 0.5m for every 3m or part thereof above 7.5m height.
Probable Solution S5.1 of the Eastern Beaches Locality Code requires the following setbacks for dwellings within the Attached Housing Zone:
Frontage
for 1 or 2 storey buildings – 6m; or
for 3 storey or 4 storey buildings – 6m for the first 2 storeys and 10m for any storey thereafter.
Side boundaries:
multiple dwellings - half the building height in metres calculated at that same point provided that on any gable roof the calculation shall be measured to half the height of the gable.
duplexes –
1.5m setback up to 4.5m height;
2m setback between 4.5m - 7.5m height; and
2m plus 0.5m for every 3m or part thereof above 7.5m height
Specific Outcome O5 of the Eastern Beaches Locality Code states:
Buildings and other structures are appropriately designed and sited to—
provide amenity for users of the premises as well as preserve the visual and acoustic privacy of adjoining and nearby properties;
provide adequate distance from adjoining uses;
preserve any existing vegetation that will buffer the proposed building;
allow for landscaping to be provided between buildings and street frontages and between neighbouring buildings;
maintain the visual continuity and pattern of buildings and landscape elements within the street; and
protect the natural character and visual amenity of the beachfront.
Front setback
The proposed front boundary setback is 6.2m to the building for all storeys, and 4.2m to the awning proposed over the garage. The building setback to all levels complies with the front setback requirements of the Detached House Code to the dwelling, however the setback to the awning does not comply.
Level 03 is the third storey at this section of the dwelling, and as such is required to be setback 10m from the road boundary under the Eastern Beaches Locality Code. Level 03, at a 6.2m setback does not comply with the Locality Code provisions.
The majority of the residential dwellings on the eastern side of Park Crescent have a zero metre setback for the ground level or, at minimum, are setback less than the required 6m setback (refer to Figure 13), including the existing dwelling on site (refer to Figure 14) and the adjoining property to the south east (refer to Figure 15). These reduced setbacks have been approved due to the topography of the sites being too steep to easily allow vehicle access to sites. As such, the proposed 4.2m setback to the awning is considered sufficient and consistent with existing development in proximity to the subject site.

Figure 13: Park Crescent setbacks

Figure 14: Park Crescent setbacks – existing dwelling at 40 Park Cres

Figure 15: Park Crescent setbacks – 38 Park Cres
In regards to Level 03, due to the slope of the subject site, the dwelling presents as two storeys to the Park Crescent frontage (refer to Figures 16) and is consistent with the adjoining dwelling to the south (refer to Figure 15).

Figure 16: Presentation to Park Crescent
The proposed setback to level 3 complies with the Detached House Code and given the dwelling presents as two storeys to the street front, and the existing setback encroachments in proximity, the 6.2m setback to Level 03 is considered to comply with Specific Outcome O5 of the Eastern Beaches Locality Code for the following reasons:
the dwelling is appropriately designed and sited to provide amenity for users of the premises
preserves the visual and acoustic privacy of adjoining and nearby properties.
allows for vegetation within the front boundary setback;, and
maintains the visual continuity and pattern of buildings within the Park Crescent, being a mixture of detached housing and multiple housing, up to four storeys in height.
Side setbacks
The proposed southern side boundary setbacks for Level 02 and both side boundary setbacks for Level 03 do not comply with the 3.0m setback requirements of the Detached House Code or the Eastern Beaches Locality Code.
The south east boundary encroachments relates to a portion of the north eastern most portion of the façade of Level 02 (refer to Figure 17) and Level 03 (refer to Figure 18) setback 2.5m from the boundary.

Figure 17: Level 02 south east side boundary encroachment

Figure 18: Level 03 south east side boundary encroachment
The south eastern boundary encroachment is considered to add bulk to the dwelling and will result in adverse impacts on amenity to the adjoining property to the south, by creating overshadowing of the property and private open space (refer to Figure 19).  As such, the reduced south eastern setback is not supported, and the proposal will be conditioned to comply with setback requirements for a Detached House as per Schedule 1 of Noosa Plan 2006.

Figure 19: 38 Park Crescent
The encroachment into the north west side boundary setback relates to the whole of Level 03, which is proposed to be setback 2.0m from the north western boundary (refer to Figure 20).  The building is required to be setback:
2m setback between 4.5m - 7.5m height; and
2m plus 0.5m for every 3m or part thereof above 7.5m height

Figure 20: Level 03 north west side boundary encroachments
The reduced setback relates to the batten screening and roof terrace only, with the building itself complying with setback requirements. The batten screening and resulting reduced setback is considered to add bulk to the dwelling and does not comply with the relevant Specific Outcomes of the planning scheme.  As such, the reduced north western setback is not supported and the proposal will be conditioned to comply with setback requirements for a Detached House as per Schedule 1 of Noosa Plan 2006.
Roof form
EAves
Probable Solution S16.1 of the Detached House Code and Probable Solution S12.1 of the Eastern Beaches Locality Code requires a minimum of 600mm eaves to at least 75% of the perimeter of the dwelling unit.
The dwelling provides 600mm eaves to 70% of the building and >500mm eaves to 91% of the building, however portions of these eaves are proposed to be enclosed with screening battens (refer to Figure 21).

Figure 21: Proposed roof pitch
The roof form is considered to be a minor variation to the planning scheme requirement, and is considered to comply with Specific Outcome O12, as the variation in roof form will contribute positively to the local skyline and does not create opportunities for residents to overlook the private open space areas of neighbouring properties.
It addition, it is noted specific roof pitch provisions under the Noosa Plan 2020, including eave requirements, are not required within the Coastal Communities Local Area (currently Eastern Beaches Locality).
Roof terrace
Probable Solution S16.2 of the Detached House Code and Probable Solution S12.2 of the Eastern Beaches Locality Code requires that buildings and structures do not include roof top terrace areas.
The proposal includes a roof terrace on the top of Level 02, accessed via Level 03, and setback 4m from both side boundaries and 10.5m from the rear boundary. The applicant has provided view lines for the proposed roof terrace (refer to Figure 22).

Figure 22: Viewlines from the roof terrace
The proposed roof terrace complies with Specific Outcome O16 of the Detached House Code and Specific Outcome O12 of the Eastern Beaches Locality Code as the design and location of the roof terrace will not create opportunities for residents to overlook the private open space areas of neighbouring properties. The proposal will be conditioned to ensure no overlooking will result from the proposed roof terrace.
Natural Resources Overlay Code
The site is affected by the Natural Resources Overlay being an identified Coastal Protection Area. The Coastal Protection Overlay provisions include a 5m wide landscaped area from the rear boundary to protect the dune system and the character of the beachfront, consisting of a mix of native plant species. The proposal includes a pool setback 3.75m from the rear boundary and as such does not comply with the 5m landscaping requirement.
The subject site is located approximately 100m from the toe of the frontal dune, and is separated from the beachfront by dwellings and a public footpath (refer to Figure 21). Given the distance from the beachfront and the site is outside Councils erosion prone area modelling to the year 2100, the proposal will not adversely impact upon natural coastal process and will not impact on visual amenity from the beach. The proposed setback is sufficient to provide landscaping to the rear boundary, and will be conditioned accordingly.

Figure 21: Distance to beachfront
engineering comments
Stormwater – the submitted documentation proposes to connect all roof water to existing council’s stormwater infrastructure running through the subject property under an easement;
Earthworks – the subject property is mapped under the landslide hazard overlay; earthworks are proposed in close proximity to Council’s existing stormwater infrastructure; and a structure (landscape feature/garden bed) is proposed to be constructed over Council’s existing stormwater infrastructure;
Driveway – from the provided documentation, it is not clear that the proposed driveway complies with Council’s standard drawings RS-049 and RS-050.
noosa plan 2020
The subject site is located within the Medium Density Residential zone under the Noosa Plan 2020, which allows for a maximum height of 2 storeys and 8 metres. As such, should an application be lodged under the current version of Noosa Plan 2020, the proposal would not comply with building height requirements under the Medium Density Residential Zone Code.
It is noted however that at the December 2019 Special Meeting, the then Noosa Council resolved to change the zoning of the subject site to High Density Residential, prior to forwarding the draft to the State for review and sign off. The State however would not accept this post-consultation change at that point in the drafting process, as it was considered a ‘significant change’. As such, the proposal to change the zoning to High Density Residential is likely to be undertaken in the future reviews of the Noosa Plan 2020. Should the zoning change to High Density Residential, the proposal would comply with building height requirements under the High Density Residential Zone Code.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
The application was forwarded to the following internal Council officers:
Engineering Officer, Development Assessment
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU20/0026 for a Material Change of Use - Detached House situated at 40 Park Crescent, Sunshine Beach and described as Lot 599 on RP48112, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU20/0026
Street address:	40 Park Crescent, Sunshine Beach Qld 4567
Real property description:	Lot 599 on RP48112
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for a Material Change of Use - Detached House
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
SD 100.00	H	Site Plan, prepared by Shaun Lockyer Architects	18.09.20
SD 200.00	H	Floor Plans – Ground Floor, prepared by Shaun Lockyer Architects	18.09.20
SD 200.01	H	Floor Plans – Level 01, prepared by Shaun Lockyer Architects	18.09.20
SD 200.02	I	Floor Plans – Level 02, prepared by Shaun Lockyer Architects	18.09.20
SD 200.03	H	Floor Plans – Level 03, prepared by Shaun Lockyer Architects	18.09.20
SD 200.04	H	Floor Plans – Roof Level, prepared by Shaun Lockyer Architects	18.09.20
SD 300.00	H	Elevation – South West, prepared by Shaun Lockyer Architects	18.09.20
SD 300.01	H	Elevation – Park Crescent, prepared by Shaun Lockyer Architects	18.09.20
SD 300.02	H	Elevation – South East, prepared by Shaun Lockyer Architects	18.09.20
SD 300.03	H	Elevation – North East, prepared by Shaun Lockyer Architects	18.09.20
SD 300.04	H	Elevation – North West, prepared by Shaun Lockyer Architects	18.09.20
SD 400.00	H	Building Section – proposed building section 01, prepared by Shaun Lockyer Architects	18.09.20
SD 400.01	G	Building Section – proposed building section 02, prepared by Shaun Lockyer Architects	18.09.20
SD 400.02	G	Building Section – proposed building section 03, prepared by Shaun Lockyer Architects	18.09.20
SD 400.03	F	Building Section – proposed building section 04, prepared by Shaun Lockyer Architects	18.09.20
SD 400.04	F	Building Section – proposed building section 05, prepared by Shaun Lockyer Architects	18.09.20
SD 400.05	E	Building Section – proposed building section 06, prepared by Shaun Lockyer Architects	18.09.20
SD 060.00	E	Perspective Image – from Park Crescent 01, prepared by Shaun Lockyer Architects	18.09.20
SD 060.04	F	Perspective Image – south side of home, prepared by Shaun Lockyer Architects	18.09.20
SD 060.05	E	Perspective Image- north side of home, prepared by Shaun Lockyer Architects	18.09.20
SD 060.03	E	Perspective Image – rear of home, prepared by Shaun Lockyer Architects	18.09.20
Building Height
The maximum height of the development must not exceed 12 metres and 3 storeys above the finished ground level and the natural ground surface.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 24 September 2026, 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 $20,000.00 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.
Built Form
The total site cover of buildings and other roofed structures must not exceed 35%.
The development must comply with side setbacks for a Detached House as per Schedule 1 of Noosa Plan 2006.
All boundary fencing must not exceed 2 metres in height from natural ground level.
Privacy
The roof terrace located on Level 03 must include either balustrading or fixed external screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of adjoining properties. All screens and balustrading must meet the maximum building height of this Decision Notice.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
A mix of native landscaping, such as ground covers, shrubs and trees, is provided for a width of 5m from the rear boundary of the site, except for where the pool is located.
Coastal Protection
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
Engineering
Site Access and Driveways
A sealed access driveway must be provided from Park Crescent to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular a driveway crossover generally in accordance with Council’s standard drawings RS-049 and RS-050.
Stormwater Drainage
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 and generally in accordance with the “Stormwater Management Report”, ref: S20-023, prepared by Westera Partners for the subject property and dated 11 June 2020
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
Earthworks carried out on site must not affect the structural integrity of any of the adjoining lands and/or buildings and/or structures and/or services.
All earthworks and associated batters must be undertaken in accordance with an Operational Works approval. The works must:
be generally in accordance with geotechnical report named “Slope Stability Assessment and Geotechnical Report”, Ref 1-22543, prepared by Soil Surveys for the subject property and dated June 2020; and
must be 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:
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
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.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Stormwater, Earthworks and Driveway Crossover
Development Permit for Building Works	All Building Works
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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