Decision Notice - Approved by Delegation of Authority OPW17 0557

Officer: 		Mark Lewis
Direct Telephone: 	07 53296290
Our Reference:	OPW17/0557 :
Your Reference:	17155
7 February 2018
Altum Properties No 4 Pty Ltd TTE
C/- Morgan Consulting Engineers Pty Ltd
1 Great George St
PADDINGTON  QLD  4064

[email protected]
Dear Sir,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 5 February 2018, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW17/0557
Street address:	75 Resort Dr Noosa Heads Qld 4567
Real property description:	Lot 6 SP 178340
Planning Scheme:	The Noosa Plan (3 July 2017)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Earthworks
CURRENCY PERIOD of approval
The currency period for this development approval is 2 years starting the day that this development approval takes effect.
assessment manager conditions
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
17155/C00	A2	Cover Sheet and Drawing Index prepared by Morgan Consulting Engineers	21 December 2017
17155/C01	A1	Site Clearing Plan prepared by Morgan Consulting Engineers	20 December 2017
17155/C02	A1	Bulk Earthworks Plan prepared by Morgan Consulting Engineers	20 December 2017
17155/C03	A1	Bulk Earthworks Sections prepared by Morgan Consulting Engineers	20 December 2017
VM05	C	Vegetation Management Plan, prepared by Anembo FOR PRECINCT E2 ONLY	29 November 2017
VM06	C	Vegetation Management Plan, prepared by Anembo FOR PRECINCT E2 ONLY	29 November 2017
VM07	C	Vegetation Management Plan, prepared by Anembo FOR PRECINCT E2 ONLY	29 November 2017
VM08	C	Vegetation Management Plan, prepared by Anembo FOR PRECINCT E2 ONLY	29 November 2017

SITE SPECIFIC CONDITIONS
Written approval form the owner of Lot 7 on SP178340 for the temporary works within Lot 7 must be provided to Council prior to the pre-start meeting.
Clearing must only occur within the areas designated on the approved plans for Lot 6 on Plan SP178340 to facilitate the commencement of civil works associated with the development.
All works, including retaining walls, footings, banks and batters must be wholly contained within Lots 6 & 7 on SP178340.
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.
Copies of the approved plans, duly signed by the consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer Construction at the “pre start” meeting
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;
Clearing works;
Other relevant parties
All works must be carried out in accordance with the approved Construction Management Plan prepared by Altum Constructions dated 16/5/2017 and must specifically address the following:
No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off
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 and Ecology
Tree protection fencing must be installed under the supervision of the Project Arborist.
Pre-clearing inspections and fauna load reductions including fauna relocation and removal or blocking of all vacant hollows must be conducted prior to any clearing works.
Fauna
A qualified person* must be engaged to manage fauna prior and during clearing to:
ensure works are carried out in accordance with the approved Vegetation Management Plan and the Nature Conservation Act 1992.
undertake pre-clearing inspections and fauna load reductions including fauna relocation and removal or blocking of all vacant hollows.
Due to the presence of arboreal hollows, fauna load reduction must include the inspection and suitable treatment of the interior of hollows prior to felling.
Ensure a variety of hollows must be salvaged to be re-used for ground and arboreal habitat features.
Ensure suitable trunks and/or limbs must be salvaged to provide fauna structures for re- use in and may be used as escape features in bio-detention basins.
provide a written report to Council with the request for the pre-start meeting of:
all pre-clearing activities and initiatives.
qualifications of personnel supervising fauna management activites.
co-ordinate staging and sequence of clearing with fauna protection.
protect and recover fauna during clearing operations (fauna not previously removed).
manage the translocation of animals and recovery procedures in accordance with relevant legislation.
undertake protection works for mulching of any stockpiled vegetation.
provide a written report to Council upon clearing completion detailing:
the length of clearing time.
Species of Fauna and location
animal trapping prior to and during clearing.
animal relocations.
fauna injuries and euthanisations.
Any veterinary records
provide certification that fauna protection works have been undertaken in accordance with the conditions and approved documentation of all relevant approvals.
*(Refer to Advisory Note)
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 viz. MCU15/0109  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
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.
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.
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 at the completion of the works.
Fall protection must be provided to retaining walls that are over 1m high.
Slope and batters are a maximum grade of:
1 in 6 where in proximity to waterbodies
1 in 4 for grassed areas.
1 in 3 for planted areas
1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
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).
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 completion of the works, 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.
Limit soil exposure on the site to a distance of no more than 2m beyond the extent of earthworks shown on the approved plans except where the exposed soil is effectively stabilised without delay and prior to rainfall occurring.
Clearing Vegetation
A “no clearing zone”, including tree protection fencing, must be established over the area identified as:
“Trees to be protected and retained” on the approved Vegetation Management Plan.
“Trees possible for retention” on the approved Vegetation Management Plan.
The boundary of the southern road reserve and Precinct E2.
The following activities must not be carried out within the no clearing zone:
clearing, cutting down, poisoning, lopping or pruning of native vegetation which is indigenous to, or planted within the zone
soil/spoil dumping and/or compacting
soil excavation, other than for planting indigenous native plants.
The following exceptions apply:
declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003, and any Council Listed Environmental Weeds, Exotic Grasses and other plants identified in writing by Council
reasonably necessary clearing to facilitate construction/earthworks in accordance with the approved plans and as agreed to in writing by Council’s delegate.
indigenous native trees which pose a well-founded threat to persons or property as approved by Council delegate.
Vegetation clearing must:
Only occur under the direct supervision of a qualified person* for fauna and vegetation management.
only occur in the area shown on the approved Site Clearing Plan as shown on drawing No 17155/C01 dated 28/09/2017.
be undertaken in accordance with the approved Vegetation Management Plan and the Nature Conservation Act 1992.
be undertaken in a manner that directs fauna towards areas of retained bushland and avoids displacing fauna towards hazards such as roads or residential areas.
be undertaken only after the fauna load reduction activities, installation of the protective fencing following identification survey, allowing for reasonably necessary clearing for these works.
avoid damage to other vegetation designated for retention.
retain old growth tree hollows and suitably relocate and distribute for nesting fauna.
chip or shred all other wood and leaf material (without root balls, soil or debris and minimising weed seeds) to a reusable mulch.
not include burning or burying disposal.
have mulch for reuse in landscape works where suitable.
have mulch stockpiles no larger than 1,000 m3, 2.5 m in height and with 10m separation between piles to limit combustion risk.
allow for existing endemic ground flora to be translocated to suitable landscaping and rehabilitation areas.
conclude with the area being stabilised and landscaped in accordance with approved plans.
(*refer advisory note)
All construction activities and associated works must be managed in a manner that minimises impacts to the park areas, vegetation on the road reserves and retained vegetation.
Any damage to the park or road reserve vegetation as a consequence of construction activities associated with this approval must be rectified prior to the works being accepted on-maintenance.
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
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.
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:
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 Sustainable Planning Act 2009 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)
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the completion of the works:
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 completion of the works, 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 (i.e. until house construction has occurred on all lots), 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.
Landscape and Ecology
Qualified Person, for the purpose of:
Managing Fauna protection, preparing Fauna reporting and certification and calculating compensatory habitat, is considered to be an Ecologist or Environmental Scientist with a minimum of three years current experience in the field of fauna assessment and management and with current certification under the Queensland Parks and Wildlife Service
Vegetation management including undertaking, supervising tree works and preparing arboriculture certification, is considered to be a person with a minimum three years current experience in tree protection, hazard identification/mitigation and Specifying Trees – a guide to assessment of tree quality (NATSPEC) assessment and either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
The land is mapped as being located in a High Risk Area in the Department of Environment and Heritage Protection’s Protected Plants Flora Survey Trigger Map. A clearing permit may be required from the department prior to any clearing works occurring. Please contact DEHP for more information: refer https://www.ehp.qld.gov.au/licences-permits/plants-animals/protected-plants/
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.
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 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.
property notes
Not applicable.
VARIATION approval
Not applicable.
further development permits required
Not applicable.
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,

Mark Lewis
Coordinator - Engineering

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
228 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.
(Refer to Schedule 1 of the Planning Act 2016)
(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.
229 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.
230 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.
231 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

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