Decision Notice - Approved by Delegation of Authority DBW20 0026 · DBW20/0026

Officer: 	Glen Conforti
Direct Telephone: 	07 53296241
Our Reference:	DBW20/0026
Your Reference:	n/a
16 November 2020
D Hales
C/- Pivotal Perspective Pty Ltd
4/59 Mary St
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir
Decision Notice
Planning Act 2016
I refer to your application and advise that on 12 November 2020, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	DBW20/0026
Street address:	35 and  37 Mossman Ct Noosa Heads Qld 4567
Real property description:	Lot 82 and Lot 83 N 21847
Planning Scheme:	The Noosa Plan 2006 (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Building Work Assessable Against the Planning Scheme - Dwelling House
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.

Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
02	Option 8 DA	Site Plan, Ground Floor Plan, prepared by Sumich Chapliin Architects	-
03	Option 7 DA	Basement Floor Plan, prepared by Sumich Chapliin Architects	-
04	Option 8 DA	Roof Plan, prepared by Sumich Chapliin Architects	-
05	Option 9	N.G.L. Height Clarification, prepared by Sumich Chapliin Architects	-
06	Option 8 DA	North and South Street Elevations, prepared by Sumich Chapliin Architects	-
07	Option 8 DA	West Street Elevation, prepared by Sumich Chapliin Architects	-
08	Option 8 DA	Setbacks, prepared by Sumich Chapliin Architects	-
Built Form
The maximum height of the development must not exceed 8 metres above the natural ground surface and the finished ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
The podium located between the stairs (to the open space) and the driveway must not exceed 0.5m above the NGL within the 1.5m western boundary setback.
The wall extending from the external PWD building must not exceed 2m in height above the NGL level within the 1.5m side northern boundary setback.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 9 November 2024 unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10, 000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Landscaping
All landscaping must be in accordance with Planning Scheme Policy PSP 3 – Landscaping Plants and Guidelines.
A minimum of 20% of the site must be retained as soft landscaping.
A garden with a minimum width of 1m consisting of screening vegetation must be provided for the full length of the western boundary (driveway side of the lot).
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape;
installing protective fencing around the drip line of the vegetation;
restricting stockpiling, storage and vehicle parking to those areas which are already cleared; and
using low impact construction techniques around vegetation.
ENVIRONMENTAL HEALTH
Noise
Sound pressure levels from all mechanical plant and equipment must comply with the following:
Air-conditioning and Refrigeration
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable = background + 3dB(A)
Pumps
7am to 7pm: Maximum level allowable = background + 5dB(A)
7pm to 10pm: Maximum level allowable = background + 3dB(A)
10pm to 7am: No audible noise.
ENGINEERING
A sealed access driveway must be provided from Mossman Court to all parking and manoeuvring areas of the development. The works must be:
generally in accordance with council standard drawings RS-049 and RS-050;
generally in accordance with SCG’s plans:
20153-OW4.1, “Drive Way and Cross Over Plan”, dated July 2020;
20153-OW4.2, “Drive Way Levels Plan”, dated July 2020;
20153-OW4.1, “Driveway Long Section and Details”, dated July 2020; and
undertaken in accordance with a road reserve permit issued by Council.
The construction of the driveway must include a suitable flood barrier to prevent floodwaters from up to and including the 1%AEP event, entering the basement. Certification of the completed works from a Registered Professional Engineer of Queensland must be submitted to Council prior to the commencement of the use.
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 SCG’s drawing 30153-SW1.1, titled “Stormwater Management Plan”, dated July 2020.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
Earthworks carried out on site must not affect the structural integrity of any of the adjoining lands and/or buildings and/or structures and/or services.
All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
All earthworks must be supervised by a Registered Professional Engineer of Queensland (RPEQ) and be carried out generally in accordance with:
Douglas Partners’ “Preliminary Report on Geotechnical Investigation”, 95096.00, Rev: R.001.Prelim and dated 30 July 2020; and
ADG Consulting’s “Dewatering Management Plan”, ADG1165.20, Rev 0 and dated 21 September 2020.
All earthworks (temporary and permanent) must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All works must not adversely impact on the existing revetment wall located along the canal boundary.
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.
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.
Erosion & Sediment Control
At all times, the site must be managed in accordance with Healthy Land and Water Erosion and Sediment Control Toolkit for House Builders 2019, available at: https://hlw.org.au/download/erosion-and-sediment-control-toolkit-for-house-builders/ .
A construction hold point with a council delegate and supervising RPEQ must be established prior to commencement of works under this approval. The hold point must be held as soon as reasonably practical and prior to the first rain event forecast following initial removal of soil stabilising material on the site. At the hold point inspection, all required site entry pad, downslope silt fences and upstream stormwater diversion controls must be installed.
Acid Sulfate Soil
A Geotechnical Engineer or other suitably qualified person experienced with Acid Sulfate Soils Management must be engaged at least one month prior to the commencement of works in order to facilitate delivery of Acid Sulfate Soil related conditions.
The Geotechnical Engineer or other suitably qualified person must identify any infrastructure expected to be located in the expected cone of depression and likely to be within previously un-oxidised Potential Acid Sulfate Soils. Dilapidation report of this infrastructure must be completed prior to commencement of any dewatering activities on the site.
All excavation and dewatering works must be undertaken in a manner that will not cause environmental harm or damage to surrounding infrastructure as a result of the developments interaction with actual or potential Acid Sulphate Soils. An environmental professional with a minimum of 5 years’ experience in the management and treatment of Acid Sulfate Soils must be engaged to supervise and certify compliance with this condition.
Excavation and dewatering works below the elevation of 5mAHD must be in accordance with following documents:
a letter by Douglas Partners reference number 95096.00 Date 30 July 2020  detailing how excavated soils are to be treated; and
a Dewatering Management Plan Proposed Residential Development: Lot 82 and 83 on N21847, 35-37 Mossman Court, Noosa Heads, Queensland September 2020 by AGD Consulting Ref ADG1165.20
All treated material must undergo verification testing to achieve neutralisation in accordance with the Queensland Acid Sulfate Soil Technical Manual: Soil Management Guidelines v4.0.
Surface waters must be sampled and tested at a NATA certified laboratory to confirm the following water parameters are met prior to release from the site:
a pH range of 6.5-8.5 pH units;
50mg/L maximum  total suspended solids concentration;
0.3mg/L maximum total iron concentration;
0.2mg/L maximum total aluminium concentration.
Groundwater monitoring bores must be established and installed by a Geotechnical Engineer or other suitably qualified person experienced with Acid Sulfate Soils Management. The location of the groundwater monitoring bores must be certified by the Geotechnical Engineer or other suitably qualified person to be sufficient to identify any changes in groundwater levels as a result of proposed construction activities.
Groundwater levels must, be monitored weekly for at least one month prior to construction activities likely to affect groundwater levels and daily during construction of those activities. Within 24 hours of identifying a reduction in groundwater levels below the lowest measured pre-construction levels, the Geotechnical Engineer must provide Council and Contractor with remediation strategies, and these must be implemented to prevent harm to receiving environments.
All pipework within the saturated zone, that outlets direct to waterways must be fitted with buried headstocks at suitable intervals to prevent ongoing dewatering of groundwater along pipework bedding.
DEMOLITION
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council prior to the issue of a Development Permit for Building Works for demolition, to secure the demolition conditions of this approval. The cash bond or trading bank guarantee will be returned on performance of the demolition conditions of this approval less any costs incurred by Council in respect of enforcing performance of these demolition conditions. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Works
Demolition must be undertaken in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste management
A Waste Management Plan (demolition) must be submitted in accordance with Planning Scheme Policy 11 - Waste Management Plan and approved by Council’s Waste Coordinator prior to the issue of a building approval for the demolition works.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free.  Higher gate fees are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The areas for the storage and separation of waste shown on a site plan;
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and
Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s and the like. If the site remains vacant for more than 30 days the lot/s must be turfed or landscaped in accordance with Planning Scheme Policy PSP 3 – Landscaping Plants and Guidelines and to the satisfaction of Council so as to not cause nuisance to the surrounding area.
All waste materials must be removed from site.
Litter, erosion and sediment control
Litter, erosion and sediment control measures must be installed and maintained until soils are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage system (e.g. roadside gutter).
Asbestos
Removal of building materials containing asbestos must be undertaken by a licensed asbestos removalist.
Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011 requires a licensed asbestos removalist to give notice to Workplace Health and Safety Queensland (WHSQ) of licensed asbestos removal work at least five days before the work commences. Notification must be made using Form 65: Notification of licensed asbestos removal work, demolition work or emergency demolition.
All building materials containing asbestos products are wrapped and disposed of in accordance with the Public Health Regulation 2006 and the Environmental Protection Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses businesses that transport asbestos waste, and landfills that accept this waste.
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at demolition of a building, the existing sanitary drain upstream from the connection point for a service provider’s sewerage system must be sealed water tight. This work is deemed as notifiable Work and must be carried out by a suitably licenced plumber who must submit an As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building Construction Commission) within 10 days of completing the work.
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:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit 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.
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Detached House Driveways Code. A self-assessable application is required to be submitted to Council for the vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.
*http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
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
COVID-19
This development approval has been issued during the COVID-19 applicable event declared under 275F of the Planning Act 2016.
The period for undertaking the approved development may be subject to a further extension of 6 months under section 275R of the Planning Act.
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
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 Works
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Glen Conforti
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

	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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