SUPERSEDED Negotiated Decision Notice MCU21 0146 · MCU21/0146

Officer: 	Patrick Murphy
Direct Telephone: 	61753296436
Our Reference:	MCU21/0146
Your Reference:	n/a
20 September 2022
Stockwell Development Group Pty Ltd
PO Box 3144
SOUTH BRISBANE  QLD  4101
[email protected]
Dear Sir/Madam,
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On 15 September 2022, Council decided your representations. This negotiated decision notice replaces the decision notice of 16 June 2022.
Details of the negotiated decision are as follows:
APPLICATION details
Application No:	MCU21/0146
Street address:	Noosa Civic 28 Eenie Creek Rd Noosaville Qld 4566
Real property description:	Lot 3 SP 246584
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
decision details
Council on 16 June 2022, decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises (Multiple Dwelling)
In relation to representations, Council on 15 September 2022 decided to:
Amend condition 14
Delete conditions 5 & 53
Issue an updated Infrastructure Charge Notice
currency period of approval
The Currency Period for this development approval is stated in the conditions below.

assessment manager conditions
Approved Plans
1.	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 and may be further amended by the conditions of this approval.
Plan No.	Rev.	Plan/Document Name	Date
DA010	N	Development Summary, prepared by mode	13.05.22
DA100	Q	Site plan, prepared by mode	13.05.22
DA101	F	Site plan – Level 2, prepared by mode	13.05.22
DA102	F	Site plan – Level 3, prepared by mode	13.05.22
DA103	F	Site plan – Roof, prepared by mode	13.05.22
DA104	P	Basement floor plan, prepared by mode	13.05.22
DA111	O	Building A – Level 01, prepared by mode	13.05.22
DA112	N	Building A – Level 02, prepared by mode	13.05.22
DA113	N	Building A – Level 03, prepared by mode	13.05.22
DA114	N	Building A – Roof plan, prepared by mode	13.05.22
DA121	N	Building B – Level 01, prepared by mode	13.05.22
DA122	N	Building B – Level 02, prepared by mode	13.05.22
DA123	N	Building B – Level 03, prepared by mode	13.05.22
DA124	N	Building B – Roof plan, prepared by mode	13.05.22
DA131	O	Building C – Level 01, prepared by mode	13.05.22
DA132	O	Building C – Level 02, prepared by mode	13.05.22
DA133	O	Building C – Level 03, prepared by mode	13.05.22
DA134	N	Building C – Roof plan, prepared by mode	13.05.22
DA200	M	Elevations - Site, prepared by mode	13.05.22
DA201	M	Elevations - Site, prepared by mode	13.05.22
DA210	P	Elevations – Building A, prepared by mode	31.05.22
DA211	P	Elevations – Building A, prepared by mode	31.05.22
DA220	P	Elevations – Building B, prepared by mode	31.05.22
DA221	P	Elevations – Building B, prepared by mode	31.05.22
DA230	O	Elevations – Building C, prepared by mode	31.05.22
DA231	O	Elevations – Building C, prepared by mode	31.05.22
DA300	O	Sections, prepared by mode	31.05.22
DA301	O	Sections, prepared by mode	31.05.22
DA302	N	Sections, prepared by mode	31.05.22
DA500	B	External finishes, prepared by mode	13.05.22
DA001	K	Perspective – Building A, prepared by mode	13.05.22
DA002	C	Perspective – Building A, prepared by mode	13.05.22
DA003	K	Perspective – Building B, prepared by mode	13.05.22
DA004	C	Perspective – Building B, prepared by mode	13.05.22
DA005	F	Perspective – Building C, prepared by mode	13.05.22
2021-060 SK00	D	Hofmann Drive, Noosa Apartments – Landscape Concept	March 2022
2021-060 SK01	D	Hofmann Drive, Noosa Apartments – Landscape Concept	March 2022
2021-060 SK02	D	Hofmann Drive, Noosa Apartments – Landscape Concept as annotated by Council	March 2022
2021-060 SK03	D	Hofmann Drive, Noosa Apartments – Landscape Concept as annotated by Council	March 2022
2021-060 SK04	D	Hofmann Drive, Noosa Apartments – Landscape Concept	March 2022
2021-060 SK05	D	Hofmann Drive, Noosa Apartments – Landscape Concept	March 2022
2021-060 SK06	D	Hofmann Drive, Noosa Apartments – Landscape Concept	March 2022
2021-060 SK07	D	Hofmann Drive, Noosa Apartments – Landscape Concept	March 2022
2021-060 SK08	D	Hofmann Drive, Noosa Apartments – Landscape Concept	March 2022
2021-060 SK09	D	Hofmann Drive, Noosa Apartments – Landscape Concept	March 2022
C02	B	Vegetation Clearing Layout Plan	02/11/2021
N/A	3	Bushfire Hazard Assessment (BHA) Property 17-19 Hofmann Drive Noosaville Lot 5 on SP222982 prepared by Queensland Bushfire Planning	February 2022
Nature and Extent of Approved Use
2.	The approved use must not commence until the acoustic treatment works required under development approvals 132002.220285.D and RAL18/0023 have been completed and certified as compliant with the conditions of these approvals by a suitably qualified person.
3.	The approved use must not commence until all works required by RAL18/0023 have been completed.
4.	The multiple dwelling units must be small dwellings as defined by The Noosa Plan 2020.
5.	Deleted.
6.	The basement must be backfilled so that the development does not present as more than 3 storeys.
Currency Period
7.	This development approval lapses if the use has not happened by 16 June 2028, unless an application to extend the currency period is approved by Council.
Built Form and Development Appearance
8.	The maximum height of the development must be in accordance with the approved plans.
9.	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.
10.	All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
11.	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.
12.	Screening must be provided to the pad mounted transformer and must be painted in a muted colour derived from the approved colour palette to reduce the visual impact of the infrastructure in the streetscape.
13.	The development must incorporate the colour scheme and proposed mix of building materials as outlined in the approved colour palette and approved plans.
Performance Bond
14.	Security in the Form of a cash bond or trading bank guarantee to the sum of $50,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to a pre-start meeting. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval, related to the final inspection, 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.
Protection of Privacy
15.	Where windows or balconies overlook or have the potential to overlook the private open space of nearby properties or view into habitable windows within 10 metres, the following measures must be implemented to prevent the overlooking:
Balconies must include screening devices; and/or
Windows must have a minimum window sill height or 1.7 metres above floor level; and/or
Windows must be fitted with translucent glazing; and/or
Windows must be fitted with fixed external screens.
Street Identification
16.	The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Water & Sewer Connections
17.	An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
18.	A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Fencing and Walls
19.	Any front fence proposed must be located on the boundary clear of the 6m landscaping required to the site’s frontage to Hofmann Drive and:
a.	no more than 1.2 metres high; and
b.	contain openings that ensure it is 50% transparent.
Clothes Drying Areas
20.	Each dwelling unit must be provided with access to an outdoor clothesline which is screened from public view.
Community Management Statement
21.	Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
22.	All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice and, in particular, must include the following additional clauses:
a.	The site includes a stormwater management and water quality treatment system.
b. 	The stormwater management and water quality treatment system must be maintained in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1).
c.	The full cost of maintaining the system in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) must be included in the proposed levies for each dwelling owner/body corporate.
d.	Any domestic cats kept on the property must be permanently confined within buildings and/or cat enclosures for the purpose of protecting proximate wildlife.
e.	The Environmental Management and Conservation Zone land must be maintained in its natural vegetated state with all 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 removed.
ACOUSTIC
Noise Amenity
23.	Design and construct the proposed residential development in accordance with the recommendations and noise criteria identified in the Letter dated 23.09.21 from Acoustic Logic to Stockwell Development Group Ref 20210208.3/0411A/R2/OB and Appendix A of the letter - Report dated 23.09.21 Acoustic Logic “Noise Residential Apartments, Hofmann Drive, Development Application” dated 23.09.21 Revision 4 Document Reference 20210208.3/2309A/R4/JJM”.
Road Traffic Noise
24.	Design and construct all residential dwellings to achieve design internal noise levels of AS 2107:2016 “Recommended Design Sound Levels and Reverberation Times for Building Interiors” as provided in Section 4.4 of the approved Acoustic Logic report dated 23.09.21.
25.	Building façade and roof construction is to achieve the acoustic ratings as required in Section 6.1 Tables 19 and 20 and Appendix A, Section 6.2 and Section 6.3 of the Approved Acoustic Report (Acoustic Logic Report dated 23.09.21).
26.	Sealing of Window frames in the external façade is to comply with Section 6.4 of the Approved Acoustic Report (Acoustic Logic report dated 23.09.21).
27.	Provide mechanical ventilation or air-conditioning to all road traffic noise affected rooms as identified in Section 6.5 and Appendix C of the Approved Acoustic Report (Acoustic Logic Report dated 23.09.21)
28.	Provide certification from an appropriately qualified acoustic consultant prior to Certificate of Classification that the residential buildings have been constructed in accordance with the requirements of the Approved Acoustic Report (Acoustic Logic report dated 23.09.21) and the measured internal noise levels in respect to road traffic noise comply with the AS2017:2016 levels in Section 4.4 of the approved acoustic report.
29.	Provide certification from an appropriately qualified consultant that mechanical ventilation or air-conditioning has been installed in all habitable rooms affected by road traffic noise as identified in Section 6.5 and Appendix C of the Approved Acoustic Report (Acoustic Logic Report dated 23.09.21).
Mechanical Plant Noise
30.	Design and install all mechanical plant as part of the development to comply with Section 7.1 and Table 22 of the Approved Acoustic Report (Acoustic Logic Report dated 23.09.21)
31	Provide certification from an appropriately qualified acoustic consultant prior to Certificate of Classification that the mechanical plant has been installed with the requirements of the Approved Acoustic Report (Acoustic Logic report dated 23.09.21) and the measured noise levels of operational plant comply with Table 22 of the Approved Acoustic Report (Acoustic Logic Reported dated 23.09.21).
ENGINEERING/TRAFFIC
External Works
32	Hofmann Drive must be upgraded for the length of its frontage to the subject site. The works must be undertaken in accordance with an Operational Works approval, completed prior to the commencement of the use and must include in particular:
a.	construction of a pedestrian footpath in accordance with the conditions of this Decision Notice
b.	removal of all existing property access (driveway/crossovers) and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed
Site Access and Driveways
33.	A sealed access driveway must be provided from the formation in Hofmann Drive 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 standard drawing RS-051 and any associated addendums
access aisles and ramps in accordance with AS/NZS2890.1:2004 Parking Facilities
Car Parking, Pedestrian and Bicycle Facilities
34.	A maximum of 134 car parking spaces must be provided and marked on the site and made available and accessible at all times. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Minimum 9 visitor parking spaces and 4 motorcycle/scoter spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use. These spaces must be located outside of the basement.
3 disabled parking space within the total
dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004 Parking Facilities
35.	Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include a 2 metre wide concrete footpath within the Hofmann Drive road reserve extending across the full frontage of the sites and connecting to the new pathway to the east of the site.
This condition is imposed pursuant to s145 of the Planning Act 2016 being necessary trunk infrastructure identified by Council’s LGIP to service the development.
36.	A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
a.	traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues.
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details.
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill/dump sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Easements
37.	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.
38.	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.
39.	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
40.	All earthworks and associated batters/retaining structures must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
Damage to Services and Assets
41.	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.
Stormwater Drainage
42.	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 the Queensland Urban Drainage Manual, and must include in particular:
the detention system generally as described in Site Based Stormwater Management Plan, prepared by ADG, dated 28th October 2021;
provision for the extent of inundation outside of batters of bioretention devices to be confined to grassed areas only not to impact pathways, structures or the pool and associated infrastructure for any event up to and including the 1%AEP at year 2100. A plan showing the extent of inundation and details of proposed signage for grassed areas subject to inundation are to be provided with the application for operational works;
extension of the site stormwater system to accommodate runoff from any external catchment areas which drain onto the subject site at the time of the operational works application being lodged. Any flowpath through the site which conveys external catchment flows is to be provided with a drainage easement in favour of the external property, with registration of the easement required prior to commencement of use;
the use of gravity stormwater drainage and not surcharge pits to the maximum extent practicable. Surcharge pits may only be used where the catchment is composed of roof surfaces only;
provision of rainwater tanks for the capture and reuse of roofwater for the irrigation of communal landscaping; and
accommodation for both severe storms or severe blockage of the underground drainage network. A Severe Storm/Severe Blockage Assessment for the drainage system proposed for the site is to be provided with the development application for operational works, and is to demonstrate that finished floor levels will not be inundated under either a severe blockage of the underground drainage network in the 1%AEP event at year 2100, or for a severe storm exceeding the 1%AEP based on design blockage.
Stormwater Quality Management
43.	A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and the latest version of the Water Sensitive Urban Design Technical Design Guidelines for South East Queensland, and must include in particular:
stormwater quality treatment devices of a size and location generally in accordance with those shown in Site Based Stormwater Management Plan, prepared by ADG, dated 28th October 2021;
bioretention devices which:
are designed generally in accordance with the Bioretention Technical Design Guidelines (Water by Design, 2012)
ii.	are designed generally in accordance with IPWEQA Standard Drawing No. DS-073, DS-075, DS-076, and DS-078
iii.	are provided with a free-draining outlet from the sub-soil drainage system
44.	Permanent educational signage must be erected to educate the residents of the development about the function of the bioretention device(s).  The dimensions, standard, presentation and location of the educational signage must be in accordance with an Operational Works approval.
45.	All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The approved Operational Works drawings for the stormwater quality treatment system and detailed life cycle costing of the system must be attached as an addendum to this document. Records of all maintenance activities undertaken must be kept and made available to Council upon request.
46.	Any proposed Community Management Statement required for the development must include Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) and must include the full cost of maintaining the system in accordance with Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The cost of maintaining the system must be included in the proposed levies for each unit owner.
Landscaping Works
47.	The development site must be landscaped. The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and Planning Scheme Policy (PSP2) - Landscaping and must include in particular:
a.	the works shown on the Approved Plans with the exception of substituting Archontophoenix cunninghamiana (Bangalow Palm) for an appropriate species selected from the Noosa Plan 2020 PSP20 Landscaping policy or endemic to Noosa. Palms are not appropriate for this location (see section 6 of PSP2 – Landscaping.
b.	a 6 metre wide planted buffer, consisting of local native plant species suitable for the location, as shown on the Approved Plans and as required by condition 53 of RAL18/0023;
c. 	the provision of mature landscaping of varied mature heights (between 2 to 6 metres), within appropriately designed deep planter boxes at podium level  between Buildings A & B
d.	protection of vegetation within the 10 metre wide Environmental and Conservation Zone;
e.	vegetation installed for landscaping adjacent to the 10 metre wide vegetation strip protected by the Environmental and Conservation Zone and Covenant J must only include Noosa native species and not include any of the undesirable species as detailed within the Noosa Plan 2020 – Scheme Policy 3 Landscaping;
f.	the use of large tree species to provide visual screening of the bulk of the buildings from Hofmann Drive and provide shade to the units from the afternoon sun, including 100 litre specimens;
g.	vegetated screening of any electrical transformers, bin storage areas and the like from the road frontage;
h.	provision of 1 advanced or ex-ground street tree within the road reserve for every 8 metres of road frontage; and
i.	control of all weed species listed in the following standards and legislation:
i.	declared plants under the Land Protection (Biodiversity Act 2014 and sub-ordinate Regulation 2016).
ii. 	Noosa Local Government Area Pest Management Plan 2015-2019.
48.	All entry statements, fences, batters, retaining walls and buffer/screen plantings must be located entirely within private land and not within the public road reserve.
49.	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.
50.	All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Retention of Existing Vegetation
51.	The 10 metre wide existing vegetation protected by the Environmental Management and Conservation Zone must be retained in accordance with an Arborist Report prepared by a qualified person* and endorsed through an Operational Works approval as detailed on the Approved Plans with the exception of the extent of vegetation clearing required within the 10 metre wide Environmental Management and Conservation Zone for the proposed 600mm building encroachment and 2 metre wide x 36 metres long swale as detailed on the approved plans. Vegetation removal within the Environmental Management and Conservation Zone must not extend beyond the 2 metre wide swale.
*(Refer to Advisory Note)
52.	The report must be resubmitted to Council incorporating the above amendments prior to the issue of any Development Permit for Operational Works.*
*(Refer to Advisory Note)
53.	Deleted.
54.	The tree/s identified for retention in the conditions of this approval must be maintained in good health for the life of the tree.
Vegetation Protection
55.	A “no clearing zone” must be established and maintained over the land area identified as ‘Existing Vegetation to be Retained’ on the Approved Plans. 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
b.	soil/spoil dumping and/or compacting
c.	soil excavation, other than for planting indigenous native plants.
The following exceptions apply:
a.	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
b.	indigenous native trees which pose a well-founded threat to persons or property as approved in writing by Council
c.	controlled bushfire burns to maintain ecological processes subject to submission of a Bushfire Management Plan and agreed in writing by Council.
Fencing to Protected Land
56.	A permanent fence must be constructed:
Along the length of the boundary of approved Lot 17 adjacent to Covenant J, terminating at the southern end of the mapped Environmental Management and Conservation Zone, and
Along the full extent of the southern edge of the Environmental Management and Conservation Zone, with the exception of the 36 metre length of the swale where the fence is to be located on the northern side of the swale.
To the perimeter of the off-leash dog area.
The fencing related to a. and b. must be fauna friendly.
The fence must be constructed in accordance with an Operational Works approval for Landscaping.
Fauna Management
57.	Vegetation must only be removed or disturbed in accordance with a Fauna Management Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational Works approval.
*(Refer to Advisory Note)
58.	Any domestic cats kept on the property must be permanently confined within buildings and/or cat enclosures for the purpose of protecting proximate wildlife. All and successive community management statements must include a provision to enable the enforcement of this requirement.
Environment
59.	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.
60.	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).
61.	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.
Bushfire Management
62.	The development must be carried out in accordance with section ‘Bushfire Risk Mitigation’ of the Bushfire Hazard Assessment (V3) dated February 2022 prepared by Queensland Bushfire Planning listed within this Decision Notice.
63.	Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the bushfire management conditions of this Decision Notice, prior to the commencement of use.
*(Refer to Advisory Note)
WASTE DISPOSAL
64.	Prior to the issue of any Operational Works approvals the Operational Waste Management Plan must be amended to reflect that all waste collection will be undertaken by Council’s contractor via rear lift trucks with the trucks collecting 1100 litre bins.
65.	The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9 - Waste Management. The facilities must include an impervious area, within the site, correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system.
66.	Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
67.	Storage, disposal and management of solid, liquid and vegetative waste is conducted in a safe and ecologically sustainable manner without environmental nuisance. In this regard, vegetated waste must be disposed of via a green waste bin or at a local transfer station.
reasons for approval
Find that there is sufficient reason to vary officers’ recommendation in regard to maximum car parking for the development given the desired residential outcomes sought within the High Density Residential Precinct
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 9, Division 4, Subdivision 1, Table 1 – Multiple Dwelling exceeding the threshold in LGA 2	The agency provided its response on 30 September 2021 (Reference No. 2019-24654 SRA). A copy of the response is attached

Advice	Energex Limited Town Planning GPO Box 1461 BRISBANE  QLD  4001	Schedule, 10, Part 9, Division 2, Table 2 – Premises near a substation site or subject to an easement	The agency provided its response on 17 September 2021 (Reference No. HBD 7544104). A copy of the response is attached
advisory notes
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Balance Lot for Staged Building Format Plans
In accordance with the Planning Act 2016, any proposal to stage the titling arrangements of the development such that a Building Format Plan is registered with a balance lot for future development will first require a Development Permit for Reconfiguring a Lot be obtained from Council.
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
Fires in Urban Areas
Please note that in urban areas of the Noosa Shire Council area, fires are prohibited except where in an appliance used for domestic heating or cooking purposes, which must comply with particular Standards. Any area identified as a fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local Law No. 3, Schedule 3.  Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
Qualified persons
For the purpose of preparing an Arborist Report, a qualified person is considered to be a person with either:
ISA certification; or
a Diploma of Arboriculture in addition to a minimum of 3 years current experience in the field of arboriculture.
For the purpose of preparing a Fauna Management Plan, a qualified person is considered to be an ecologist with a minimum of 3 years current experience in the field of fauna assessment and management.
For the purpose of preparing a Bushfire Management Plan, and for certifying compliance with the bushfire requirements of this Decision Notice, a qualified person is considered to be an ecologist with a minimum of 3 years current experience in the field of bushfire assessment and management.
Resubmission of Amended Documents Required
The conditions of this Decision Notice require resubmission of the referenced Arborist Report to Council with amendments.  Please address the amended document/ to Council’s Planning Assessment Branch with the Reference No. MCU21/0146, separate to any Operational Works application. To avoid delays and assessment issues with the Operational Works application, it is recommended the documents be resubmitted prior to lodgement of any Operational Works application. Should the amended documents not be submitted, the applicant is advised that a Preliminary Approval may be issued in lieu of a Development Permit.
ENVIRONMENTAL HEALTH ADVICE
Building Works
Noise from residential building works shall comply with the following:
Limited to between 6:30am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions
Not permitted on Sunday or public holidays.
Measurement of Noise
Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with either:
Australian Standard AS1055.1 “Acoustics–Description and measurement of environmental noise – General procedures”, or
The relevant “Noise Measurement Manual” as provided by the Department of Environment and Heritage Protection.
A qualified person is considered to be either:
a Registered Professional Engineer of Queensland, or;
an environmental consultant with a minimum of 3 years current experience in the field of acoustics.
Environmental Protection
The development should be undertaken in a manner that causes no unlawful environmental nuisance under the Environmental Protection Act 1994 by the creation of excessive noise, lighting, waste, atmospheric pollutants (including dust or odours) or other releases to the environment.
In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint, cement, concrete, builder’s waste or other prescribed contaminants should not to be released to or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.
ENGINEERING ADVICE
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
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Landscaping, Vegetation Clearing, Stormwater, Frontage Works, Access, Earthworks and Car Parking
Development Permit for Building Works	All Building Works
submissions
There was 1 properly made submission about the application. In accordance with the Planning Act 2016, the name, address and electronic address of the principal submitter for each properly made submission is provided and attached.
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,
Kerri Coyle
Manager Development Assessment

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

DECISION NOTICE HISTORY
Original Decision Notice – 16 June 2022.
Negotiated Decision Notice – 15 September 2022, with an amendment to conditions 14, delete conditions 5 & 53
cc.	SARA at DILGP
Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/
(for assistance, contact DILGP at 5352 9701 or email [email protected])

Energex

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017

Name	Email	Address
Dianne Conley	[email protected]	PO Box 2071 Noosa Heads 4567

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

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

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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K Coy fs


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17 September 2021

Noosa Council

Boeottt energex

‘Tewantin QLD 4565

yay posite eneray

Via email: [email protected]

Ce Stockwell Development Group Pty Lid
PO Box 3144
‘South Brisbane QLD 4101

Attention: Fraser Stevenson
Via email: [email protected]

Dear Patrick,

Referral Agency Response — Development Permit for a Material Change
of Use ~ Multiple Dwelling (96 units) at 28 Eenie Creek Road (Proposed
Lots 17-19}, Noosaville (Lot 3 on SP246584)

Council Ref: MCU21/0146
Applicant Ref: NIA
Our Ref: HBD 7544104

We refer to the abovementioned Development Application, which has been
referred to Energex Limited pursuant to section 54 of the Planning Act 2016.

In accordance with Schedule 10, Part 9, Division 2 of the Planning
Regulation 2017, the application has been assessed against the purposes of
the Electricity Act 1994 and Electrical Safety Act 2002. This notice is
provided in accordance with section 86 of the Planning Act 2016.

‘Should the Assessment Manager decide to approve the proposed Material
Change of Use, Energex advises the following in relation to the proposed
development:

1. The development is to be carried out in accordance with the plans
identified below. Any changes to these plans should be resubmitted
to Energex for further review and comment.

 

 

 

 

 

 

 

‘Site Plan A100 - {9 September 2021
(received)

Basement Floor | DATOS = {9 September 2021

Pian (received)

 

2. The conditions of any easements in favour of Energex must be
maintained at all times.

Reference: HED 7546108

 

Corporate Oce
25 Redaci Sect
‘Newstead LD 4008
(GPO Bor 401
Sisbane 4001
“Telephone (07) 9068 4000,
Facsimile (07) 2005 201,
rm energexcam au

Energex Limited
‘ABN 20078849 055


[Attachment: image11.png (image text)]
3. Access to the easement and access along the easement must be available to
Energex personnel and heavy equipment at all times.

4. Any future works or development on Easement N on SP192396 must have prior
‘approval from Energex.
Prior to works commencing, the Applican/Developer is to submit detailed
drawings and construction methodology that demonstrate satisfactory
protection and functioning of existing electrical assets during construction.

Note: where relevant, this requirement may be satisfied by referring to Energex
any future development application/s for Operational Work, in accordance with
the requirements of the Planning Regulation 2017.

5. The Applican/Developer is to engage with Energex regarding the padmount
transformer associated with the proposed development. For clarity, this
response should not be taken as approval for this aspect of the proposed
development.

6. Any future works in the vicinity of Energex assets are to be carried out in
‘accordance with the Electricity Entity Requirements: Working Near Overhead
and Underground Electric Lines. This guideline can be accessed via the
following ink: ww eneraex.com aulhor safety-around-the-
network/safety-advice

‘Should you require further information regarding this matter, please contact the
lndersigned on (07) 3664 5097 or benjamin freese@enerava, com au.

Yours faithfully,

Bf

Benjamin Freese
Town Planner

Reference: HED 7546108

Have you seen our fact sheets?
‘See the ‘considerations when developing around electricity infrastructure’ section of our website
‘won snergex com aulrferaiageney

 

 


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ee) NOOSA COUNCIL


[Attachment: image5.png (image text)]
 

SARA reference: 2100-24864 SRA
(Council eference: — MCU2W/0T48

20 September 2021
Chie Executive Officer
"Noosa Shire Council
POBox 141

“Tewantin Qld 4565
‘[email protected]

Attention: Patrick Murphy

Dear Mr Murphy

SARA response—28 Eenie Creek Road, Noosaville
(Referral agency response given under section 58 ofthe Planning Act 2016)

 

“The development application described below was confirmed as property referred by the State
‘Assessment and Referral Agency (SARA) on 10 September 2021

 

Response
‘Outcome Referral agency response - No requirements
Under section 56(1\a of the Planning Act 2016, the department
advises it has no requirements relating tothe application.
Date of response: 30 September 2021
Advice: ‘Adve tothe applicants in Attachment 4
Reasons: “The reasons forthe referral agency response ae in Attachment 2

Development details

 

Description: Development permit Material change of use to establish
industry - multple dweling (96 units)

SARA role: Referral Agency.

‘SARA trigger ‘Schedule 10, Part 9, Division 4, Subdivision 1, Table 1, Item 1 —
Aspect of development stated in schedule 20 of the Planning
Regulation 2017

‘SARA reference: 2109-24854 SRA

Assessment Manager: [Noosa Shire Couneil

‘Street address: 28 Eenie Creek Road, Noosavile

‘South East Queensland (Nor) regional
oe

Hike Aer Buicng Level 3, 12 Fist
‘Averae Martyr
Page ofS PO Boe 1128, Maroochydore QLD 4868

 


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210824064 SRA

Real property description: Lot 3. on SP248584
‘Applicant name: ‘Stockwell NC Pty Lid
Applicant contact detals: 399 Montague Road

‘West End QLD 4101

‘fraser [email protected]

Representations
“An applicant may make representaione toa concurTence agency, atany tne before the appeaton fs
decided, about changing a mater inthe referral agency response(s. 30 Development Assessment
Rules)

Copies ofthe relevant provisions are in Attachment 3.

 

‘A copy of ths response has been sent to the applicant for their information.

For further information please contact Jarrod Clarke, Planning Officer, on (07) 3452 7649 or via email
‘[email protected] who will be pleased to assist

‘Yours sincerely

Head

Principal Planning Officer
co Stockwell NC Py Lid, fraser stevenson @stockwellcomau

lene Attachment 1 -Adviee tothe applicant
‘Astachmant 2- Reasons for efaral agency response:
‘tachment 3 - Representations provisions

‘State Aasessment an Refer Agnoy Page 20f5

 


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Attachment 1—Advice to the applicant

210824064 SRA

 

 

General advice

 

ithas its ordinary meaning

 

 

71] Terms and phrases used in this document ae defined in the Planning Act 2076 is regulation
or the State Development Assessment Provisions (SDAP) [v2.6] Ifa word remains undefined

 

 

‘State Aasessment an Refer Agnoy

Page Set

 


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210824064 SRA

Attachment 2—Reasons for referral agency response
(Given under secon (7) ofthe Panning Act 2076)

‘The reasons for SARA's decision a

 

‘+ The proposed development is for a material change of use to establish muiiple dwelings (96 units)
on the subject site,

‘+ The proposed development is unlikely to create a safety hazard of state transport infrastructure or
public passenger services by increasing the likelihood or frequency ofa fatality or serious injury.

‘+ The proposed development is unlikely to compromise the state's abilty to cost-effectively construct,
‘operate and maintain state transport infrastructure.

‘+ SARA assessed the development application against State code 6: Protection of state transport
networks (State code 6) ofthe SDAP, version 2.6 and determined that without conditions, the
‘development achieves compliance withthe performance outcomes ofthe state code.

‘Material used in the assessment of the application:

“The development application material and submitted plans
Planning Act 2016

Panning Regulation 2017

‘The SDAP (version 2.6), as published by SARA

“The Development Assessment Rules

‘SARA DA Mapping system

‘+ Human Rights Act 2019,

‘State Aasessment an Refer Agnoy Page dof


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210824064 SRA

Attachment 3—Change representat
(620 tinertenaly nk)

 

 

‘State Aasessment an Refer Agnoy Page Sof