Delegated Report - Code - Planning MCU22 0049

Author	Nick Cooper – external planner
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0049 and OPW22/0090
Applicant	Paul Gerard McHugh Jendev Pty Ltd TTE
Proposal	Material Change of Use - Dual occupancy Operational Works – Landscaping, Stormwater, Clearing vegetation and Earthworks
Properly Made Date	28 March 2022
Information Request Date	28 April 2022
Information Response Date	31 May 2022
Decision Due Date	20 July 2022
Report Completed Date	19 July 2020
Report Reviewed By	Nadine Gorton

PROPERTY DETAILS
Property Address	168 Edwards St Sunshine Beach Qld 4567
RP Description	Lot 35 RP 48113
Land Area	607m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban
Zone	Medium Density Residential
Precinct	Not Applicable
Local Plan Area	Coastal Communities
Overlays	Landslide Hazard Overlay – Moderate Hazard Area
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dual occupancy. The application proposes a dual occupancy, which includes a basement suitable for up to 8 vehicles, kitchen and living spaces, and 2 large covered terrace areas, 2 bedrooms, 1 with ensuite and a media room; terraced backyard open space with swimming pool and uncovered gathering area;
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
site details
Site Description
The site is currently vacant and cleared.   The site has a natural slope from east to west at approximately 15% down towards the road frontage.
Surrounding Land Uses
The site is surrounded by residential uses, including dwelling, units and duplexes. Immediately  to the south east is a 3  unit complex, to the north a dual occupancy, and to the north west a dwelling house.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Medium Density Residential Zone Code;
Dual Occupancy and Multiple Dwellings Code;
Works Codes;
The subject site is located in Sunshine Beach and is zoned Medium Density Residential. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Building height storeys metres	2 storeys max 8 metres	2 storeys 7.9 metres	
Site cover	40% max	241.4m2 39.6%	
Gross floor area Plot ratio	242.8m² max 0.4:1 max.	241.1m² 0.397:1	
Boundary setbacks Frontage Side (west) Side (east) Rear	6 metres min 1.5/2.0/2.5 metres min 1.5/2.0/2.5 metres min 6 metres min	6.0 metres 1.54/2.04 metres 1.54/2.04 m 10.56 metres	
Length of wall	15 metres max	5 metres	
Landscaped open space Soft landscaping	40% / 242.8m² min 145m2 min 60% of total	277m² (45.5%) 227m² (90%)	
Private Open Space	25m² min	25+m²	
Carparking	2 covered min 1 uncovered min	4 covered	

Streetscape PO14
The building has been designed with lightweight materials consistent with that required by the code with finishes including timber battening, timber privacy screens, concrete render, light weight cladding and strategically placed glazing and openings to capture light and sea breezes while maintaining privacy.  The basement entries are staggered by approximately 3 metres which includes soft landscaping between the doors, providing interest to the front elevation.  Whilst the units do not have varying roof forms the overall design is not considered bulky and provides for a mix of horizontal and vertical elements that add visual interest and ensures the development takes the form of separate buildings and therefore complies with PO14.  To ensure variation in the presentation of the built form a condition will be included requiring a colour scheme that is varied between each dwelling.
Landscaping
Landscaping consists of 45.5% landscaping (198m2) with soft landscaping being 90% (227m²) therefore complying with the Noosa Plan requirements. Following the Information Request the landscaping plan includes a combination of screening shrubs, cascading groundcovers, climbing vines and feature plant species to screen boundary walls and fences.   The street frontage landscaping will be made up of feature plant species with taller shrubs to the boundary and front of walls. It will also contain a variety of native groundcovers to provide texture and interest.  Screening plants have been included on side and rear boundaries providing appropriate screening to neighbouring properties. Whilst the landscaping layout generally complies with the code, the species selection includes a number of exotic and non-endemic species including the following:
Acmena hemilampra - non endemic
Pandanus utilis - exotic
Howea forsteriana (palm) - non endemic
Rhaphis excelsa - exotic
Doryanthes palmeri - non endemic
Alcanterea impirialis - exotic
Alpinia mutica - exotic
Monstera deliciosa - exotic
Myoporum parvifolum - non endemic
Rosemary prostrate 'hunnington carpet' - exotic
Ficus pumila - exotic
As the inclusion of these species doesn’t comply with PO10 of the landscaping code a condition requiring an amended landscaping plan with compliant species is recommended.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Daniel Epps (Engineering) conditions recommended and comments as follows:
Council was concerned that the design of the driveway exceeded the maximum width at the road shoulder for a duplex with a frontage less than 20 metres (6 metres). Westera Partner’s response provided additional detail demonstrating that this issue was rectified and complied with Council standards.
Council was concerned that there were insufficient spot levels and grades across the northern side of the proposed driveway to provide an accurate assessment. The lack of information created concerns that a B99 vehicle may scrape or bottom out while entering/exiting the northern garage and that a potential trip hazard would be created in the areas of verge. Westera Partner’s provided comment outlining the driveway crossover and internal driveway meet the standard grades and the concerns raised by Council will not be an issue. Council is satisfied with Westera Partner’s comment.
Council identified a significant amount of Earthworks required to carry out the proposed works. The details (certifier, Earthworks Plan) of the Earthworks and subsequent Erosion and Sediment Control Plan were not included as part of this application. Westera Partner’s response included sufficient Earthworks and Erosion and Sediment Control Plans to address Council’s concerns.
Council weas concerned that the upslope stormwater was not being diverted by onsite diversion pipes to avoid the building walls and footings as outlined in Tectonics’ Slope Stability Assessment Report. Westera Partner’s response indicates that a cut off drain, subject to plumbing construction, will be used to divert upslope stormwater to a Legal Point of Discharge. Council is satisfied with Westera Partner’s response.
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 MCU22/0049 OPW22/0090 for a Material Change of Use - Dual occupancy situated at 168 Edwards St Sunshine Beach Qld 4567 and described as Lot 35 RP 48113, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0049 & OPW22/0090
Street address:	168 Edwards St Sunshine Beach Qld 4567
Real property description:	Lot 35 RP 48113
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for / Preliminary Approval for Material Change of Use - Dual occupancy
Development Permit for Operational Works- Landscaping, Stormwater, Access, Clearing vegetation and Earthworks
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
050.01 & 050.02 & 050.03	A	Perspective Images, prepared by Gockel Architects	06.07.22
095.03	A	3D Views – Height Limit, prepared by Gockel Architects	06.07.22
100.01	A	Site Plan, prepared by Gockel Architects	
200.01	A	Garage Floor Plan, prepared by Gockel Architects	06.07.22
200.02	A	Ground Floor Plan, prepared by Gockel Architects	06.07.22
200.03	A	First Floor Plan, prepared by Gockel Architects	06.07.22
210.01	A	Roof Plan, prepared by Gockel Architects	06.07.22
300.01	A	Southern Elevation, prepared by Gockel Architects	06.07.22
300.02	A	Eastern Elevation, prepared by Gockel Architects	06.07.22
300.03	A	Northern Elevation, prepared by Gockel Architects	06.07.22
300.04	A	Western Elevation, prepared by Gockel Architects	06.07.22
310.01	A	Elevation – Boundary, prepared by Gockel Architects	06.07.22
310.02	A	Elevation – Boundary, prepared by Gockel Architects	06.07.22
400.01	A	Section AA, prepared by Gockel Architects	06.07.22
400.02	A	Section BB, prepared by Gockel Architects	06.07.22
400.03	A	Section CC, prepared by Gockel Architects	06.07.22
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Currency Period
This development approval lapses if the use has not happened by 19 July 2028, unless an application to extend the currency period is approved by Council.
Building Appearance
All air conditioning units or other mechanical equipment:
where located at ground level, screened by fencing 1.5 metres in height or dense vegetation of at least 1.5 metres in width incorporating grouped trees and shrubs with a maximum separation distance of 1 metre measured from the centre of the plant;
where located above ground level, enclosed or screened such that it is not visible from the street frontage nor adjoining properties; and
visually integrated into the line and plane of the building and roof design and does not project beyond the height or width of the building when viewed from the street and 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.
A colour scheme must be provided which provides for variation in colour between each dwelling unit, to highlight each individual dwelling unit, and must include each garage being a different colour from the other garage.
Protection of Privacy
Where windows overlook or have the potential to overlook the private open space of nearby properties or view into habitable room windows within 10 metres
windows are to have a sill height of not less than 1.7 metres above finished floor level; and
windows and doors use translucent glazing to obscure views.
Materials and Finishes
Buildings and structures must use:
natural finishes wherever possible;
a mix of lightweight and textured external finishes;
masonry construction where variation is provided in texture and the façade uses a variety of finishes to break up the surface; and
open or transparent balustrades.
Fencing and Walls
Any street fencing must be generally in accordance with the Approved Plans, including:
being set back an average of 1 metre from the front property boundary and articulated to provide visual interest;
any fencing on the front boundary must ensure that the solid portion of the fences and walls is no more than 1.2 metres high.
Any side boundary fencing must not exceed 2 metres in height from ground level.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothesline which is screened from public view.
Building Height
The maximum height of the development must not exceed 8 meters (RL 53.24m AHD at the rear of the building and RL51.7m AHD at the front of the building) above the natural ground level in accordance with 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.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Site Access and Driveways
A sealed access driveway must be provided from Edwards Street to all parking and manoeuvring areas of the development. The works must include in particular:
a driveway crossover in accordance with RS-049, RS-050 and any associated addendum.
A driveway cross generally in accordance with drawing number S22-018-C02, Rev A, prepared by Westera Partners dated 19 May 2022.
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 S22-018-C02, Rev A, prepared by Westera Partners dated 19 May 2022.
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.
Earthworks and Retaining Walls
All earthworks and associated batters/retaining structures, both above and below ground level, both temporary and permanent, must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
All earthworks must be endorsed through a building permit and undertaken generally in accordance with:
The Slope Stability Assessment Project No. 22073-001-Rev0 prepared by Tectonic dated 25 March 2022; and
Drawing Number S22-018-E01, Revision A, prepared by Westera Partners dated 19 May 2022.
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.
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.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan and Planning Scheme Policy PSP2 - Landscaping and Landscaping Code for that specific area.
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.
OPERATIONAL WORKS
APPROVED PLANS
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
S22-018-C02	A	Civil Works Plan Prepared by Westera Partners	19 May 2022
LO.02	A	Landscaping Schedules, Prepared by Larc Collective	23.05.22
L1.01	A	Landscape Plan Ground Level, Prepared by Larc Collective	23.05.22
L2.01	A	Planting Plan Ground Level, Prepared by Larc Collective	23.05.22
L4.01	A	Softscape Details, Prepared by Larc Collective	23.05.22
L4.02	A	Podium Planting Details, prepared by Larc Collective	23.05.22
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice. The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council for approval prior to the booking of a Pre-start meeting.
Submit Amended Plans - Side boundaries
Prior to issue of Building Approval amended landscaping plans are to be submitted for approval by Council incorporating the following changes
Remove the following non endemic and exotic species from the landscaping plan (except where located around the pool areas and complying with condition 3.3):
Acmena hemilampra - non endemic
Pandanus utilis - exotic
Howea forsteriana (palm) - non endemic
Rhaphis excelsa - exotic
Doryanthes palmeri - non endemic
Alcanterea impirialis - exotic
Alpinia mutica - exotic
Monstera deliciosa - exotic
Myoporum parvifolum - non endemic
Rosemary prostrate 'hunnington carpet' - exotic
Ficus pumila - exotic
Replace the species with appropriate native species listed within listed in the Noosa Planning Scheme Policy 3—Landscaping Plants & Guidelines species
For landscaping around pool areas—
no more than 25% of the landscaping is with exotic plant species, provided none of the plant species are undesirable plants identified in PSP2 Landscaping; and
palms are specifically located in group plantings in accordance with PSP2 Landscaping plants.
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 19 July 2024, unless an application to extend the currency period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
All necessary approvals from external service providers (e.g. 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 vehicle and pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures
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. MCU22/0049  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 vehicle and pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
All frontage works must match neatly with existing road and verge/footpath features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Electrical conduits or other services proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Site Access and Driveways
Driveway crossovers must be constructed in accordance with council’s Standard Drawings RS-049, RS-050 and any associated addendum.
Any existing unnecessary or redundant property accesses must be removed, and the kerb, footpath and verge area reinstated to match the existing footpath and/or verge treatments. Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed or turf, and must be maintained by the developer until established.
The following must be complied with during the construction of the required crossover/driveway:
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete.
The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties
Underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway
Where there is an existing pedestrian path, a matching crossfall must be provided for the driveway on the alignment of the path, for the full width of the path
The property access must be located a minimum of 1m clear of existing power poles, streetlights or other signage. The developer is responsible for any necessary relocation of existing services to provide this clearance and must contact the relevant service authorities and comply with their requirements in relation to these works.
Earthworks and Retaining Walls
All earthworks 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, The Slope Stability Assessment Project No. 22073-001-Rev0 prepared by Tectonic dated 25 March 2022, and Drawing Number S22-018-E01 Revision A prepared by Westera Partners dated 19 May 2022.
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
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 (e.g. 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 10 of Environmental Protection Regulation 2019) 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 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
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.
A final inspection and approval of the new driveway and completed reinstatement works by Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the inspection.
LANDSCAPE CONDITIONS
PRIOR TO COMMENCEMENT OF WORKS
Prior to requesting a prestart meeting:
Tree protection fencing must be installed under the supervision of the Project Arborist.
Provide to Council a Tree Protection Bond* of $5000.00 for the trees located on Councils road reserve.
*(Refer to Advisory Note)
A condition report including photographs of the frontage of the site must be completed and submitted to Council at the prestart meeting.
A prestart meeting must be organised with Council’s delegate by calling 5329 6500 (giving at least five business days’ notice). The prestart meeting must be attended by the responsible persons for:
Landscape works.
Arboreal works.
Fauna management works.
Other relevant parties.
DURING CONSTRUCTION
General
Where damage occurs to any Council asset as a result of the development works, it must be repaired immediately where it creates a hazard that presents risk to person or property. Other damage must be repaired prior to completion of works.
Landscape works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice.
(* Refer to Advisory Note)
All works must be constructed and work procedure undertaken in accordance with:
The approved plans and conditions detailed in this Decision Notice.
The relevant conditions of the higher order Material Change of Use approval viz. MCU21/0214 to which this approval relates.
All relevant Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
The latest version of Water Sensitive Urban Design Technical Design Guidelines for South East Queensland (Healthy Waterways) for all water quality devices to be constructed on site.
Landscape works must:
Delineate all planting to grassed area interfaces with steel garden edge.
Ensure amenity or sales signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled.
Public amenity trees* must:
Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC).
Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines.
Be located from services and infrastructure a minimum of:
6m from electricity poles and pillars.
4m from street lighting.
2m from stormwater catchment pits.
2m from any adjoining driveway.
*(Refer to Advisory Note)
Turfed areas must be must be free of pest, diseases and weeds and level with adjoining surfaces.
Pathways and Access Points
Paths of travel must:
Terminate in a manner that ensures smooth transition to existing surfaces for public safety.
Be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS 1428, Design for access and mobility.
*(Refer to Advisory Note)
Fencing, Walls and Screening
Fencing must:
Be located wholly within lot boundaries.
Have a design life commensurate with the new buildings.
Not include CCA (copper chrome arsenic) timber products.
Be finished in neutral colour tones that blend with the surrounding landscape.
Front fences are no more than 1.2 metres high or 1.8 metres if at least 50% transparent.
Front fences must be setback a minimum of 1 metre from front boundary with dense landscaping between boundary and fence.
VEGETATION PROTECTION
Retention of Existing Trees and Vegetation
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.
Vegetation Clearing
Fauna or fauna habitat relating to minor approved tree removal/clearing works must be managed by a qualified person*.
*(Refer to Advisory Note)
All tree and vegetation removal works must be undertaken by a qualified person*.
*(Refer to Advisory Note)
FOLLOWING CONSTRUCTION
Supervision/Certification
Prior to commencement of use the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification confirming all works have been constructed in accordance with conditions of approval.
NATSPEC certification (Specifying Trees: a guide to assessment of tree quality addressing each specimen).
(* Refer to Advisory Note)
Bonds
Bonds must:
Meet the requirements of the relevant Council Planning Scheme Policy for performance and uncompleted works.
Be calculated using a schedule of works and relevant bond equation.
Include GST.
Have approval of the bond calculations and amount from Council, prior to lodgement.
Be lodged with Council and accompanied by the Bond Administration Fee/s.
Be requested for release by writing to Council, when relevant approval requirements have been met.
Performance Bonds must be lodged for:
Streetscape Landscape.
On Maintenance
Maintenance periods* must be:
12 months for Streetscape
*(Refer to Advisory Note)
Prior to requesting an On Maintenance inspection the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification.
Specifying Trees: a guide to assessment of tree quality (NATSPEC) certification (addressing each specimen).
Off Maintenance Inspection must be requested:
By contacting Council.*
Only after lodgement of required certification and documentation.
Only after all works are confirmed in good order including:
Rectifying any damaged grassed areas.
Topdressing to grassed areas.
Remulching, fertilising and aeration of garden areas.
Replacement of plant material.
Removal of plant material impeding regulation sightlines.
*(Refer to Advisory Note)
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:
ADVISORY NOTES:
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Community Title Scheme - Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority
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
General Advisory Notes
As this driveway is a private structure, the owner bears full responsibly for the standard of its construction, maintenance and any liabilities associated with its construction. It is recommended that professional advice be sought for the construction of the driveway to ensure that the driveway is constructed in accordance with standard drawings RS-049, RS-050 and RS-056 (a copy is attached).
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
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 plan sealing 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.
Prestart
Tree Protection Bond:
may be drawn upon by Council if:
any trees identified for retention are damaged to the point where they cannot be saved (as confirmed by the site Arborist and agreed in writing by Council).
Retention of Existing Trees
The existing trees on adjoining properties must be retained and protected during construction wherever achievable. To avoid doubt, this advisory note is not intended to exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following construction of the development which is the subject of this development approval.
Removal of Existing Trees and Vegetation
Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as well as optimum weed seed sterilisation.
Qualified Person
Qualified Person, for the purpose of:
Supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three years current experience in the field of landscape design.
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.
Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
Landscape Works
The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges Register where:
An inspection revealed that any constructed rehabilitation/landscape works do not comply with the conditions of the Decision Notice, Approved Plans and or Approved Documents
Certification is submitted to Council falsely stating that works comply with the approved plans, documents and or conditions of the Decision Notice.
Public amenity trees are defined as any tree located within public streets, parks or areas that will become publically owned as a result of this development.
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.

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