Delegated Report - MCU18 /0078 & OPW18/0117 · MCU18/0078

Author	Development Planner, Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	MCU18/0078 & OPW18/0117
Applicant	Carolyn Joy Threadgold
Proposal	Material Change of Use for Multiple Housing - Type 2 Duplex Operational Works for Stormwater, Earthworks, Carparking, Access, Erosion and sediment control & Landscaping.
Properly Made Date	16 May 2018
Information Request Date	29 May 2018
Information Response Date	20 June 2018
Decision Due Date	8 August 2018
Report Completed Date	11 July 2018

PROPERTY DETAILS
Property Address	165 Gympie Tce Noosaville Qld 4566
RP Description	Lot 2 RP 87781
Land Area	698m²
Existing Use of Land	Vacant – demolished dwelling house

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Attached Housing
Overlays	Natural Hazards Overlay – Flood hazard Natural Hazards Overlay – High Potential Acid Sulfate Soils
Assessment Type	Code
PROPOSAL
The application seeks approval for a duplex for 2 x 3 bedroom units and Operational Works for Stormwater, Earthworks, Carparking, Access, Erosion and sediment control & Landscaping. The proposal seeks one dwelling unit per floor with balconies facing Gympie Terrace. Garaging is located to the rear of the site with the driveway along the western boundary. Landscaping is provided to the perimeter of the site with clothes drying courtyards along the eastern boundary.
A variety of external materials are proposed including glazing, metal cladding, face concrete blockwork, timber screens and fencing.
A portion of the north facing eave is proposed at 8.44m above the NGL.
Figures 1, 2 and 3 show elevations of the proposal.

Figure 1 - Street elevation

Figure 2 - presentation to the western neighbour on the driveway side

Figure 3 - Street 3D perspective
site details
Site Description
The site is generally flat with a slight slope to the front of the site.
Surrounding Land Uses
North- across Gympie Terrace is the Noosa River recreation.
West & South – Multiple dwellings and a duplex.
East – an older style 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
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Noosaville Locality Code
Residential Uses Code
Engineering Works Codes
Landscaping Code
The subject site is located in the Noosaville Locality and is zoned Attached Housing. The proposed use is defined as a consistent use within the zone and is required to follow code assessment 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:
Table 1 - Key development parameters
Criteria	Planning Scheme	Proposal	Complies
Site Area		700m²	
Population density	7 persons max	6.6 persons	
Gross floor area Attached Housing zone for a duplex	280m² max	310m²	X
Gross floor area Semi Attaching zone for a duplex	0.45:1 315m² max	0.43:1 310m²	
Site cover	40% max	40 %	
Landscaped open space Soft landscaping	198m² min 60% of total - 118m²	198m² 158m²	
Building height storeys metres	2 storeys max 8 metres	2 storeys 8.44 metres	X
Boundary setbacks Frontage East Side West Side Rear	6 metres min 1.5 / 2 metres min 1.5 / 2 metres min 6 metres min	6 metres 1.5 / 2 metres 3.05 metres 6 metres	
Length of wall	15 metres max	7.6 metres	
Carparking	2 covered 1 uncovered	4 covered	
The proposal generally complies with the relevant provisions except for gross floor area and building height in metres.
Gross Floor Area
The proposal exceeds the maximum gross floor area for the site. The Planning Scheme provisions differ in the Attached Housing zone and the Semi-Attached housing zone for a duplex. Table 2 below shows this difference between the two zones.

Table 2 - Yield for the 2 residential zones
Criteria for a duplex	Attached Housing zone Proposals yield	Semi-Attached Housing zone Proposals yield	Difference
Gross Floor Area/Plot Ratio	Maximum population x 40m² = 263m²	0.45:1 = 315m²	52m² greater in Semi-Attached

The proposal meets the site cover and landscaping provisions for the Attached Housing zone thus providing a building bulk and scale, appearance and open space similar to other multiple dwellings in the zone, albeit exceeding the GFA. The proposal is well articulated and provides sufficient open space for residents. Given the development as a whole maintains the character of the area and also meets the provisions for a duplex were it in the Semi Attached Housing zone, the additional GFA does not raise any concerns. It is noted the difference in planning parameters between the 2 urban residential zones for a duplex appears to be an anomaly in the Planning Scheme and has been forwarded to Strategic Planning department for analysis for the forthcoming Planning Scheme.

Building Height in metres
The proposal seeks a height of 8.44m above the natural ground level. Figure 4 below shows the extent of roof that exceeds the 8m above NGL.

Figure 4 - Highlighted in yellow the portion of roof over height.
Probable Solution S8.1 of the Noosaville Locality Code seeks a maximum building height of 8.0m above the finished and natural ground level. The code seeks to ensure buildings and structures are low rise and have a visual bulk and architectural scale consistent with structures on adjoining land.
The application seeks approval for a building height of 8.44m in lieu of 8m. The extent of the encroachment is limited to the northern eave and comes as a result of a minimum floor level required for flooding in the area. The encroachment to the northern eave will not cause shadowing or overlooking of neighbouring properties and does not add to building bulk.  The proposed encroachment is unlikely to impact on adjoining lots and raises no concern.
cONSULTATION
Other Referrals
The application was forwarded to the following internal Council officers:
Engineering Officer
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 MCU18/0078 for a Material Change of Use - Multiple Housing - Type 2 Duplex and for Operational Works for Stormwater, earthworks, carparking, access, erosion and sediment control & landscaping situated at 165 Gympie Tce Noosaville Qld 4566 and described as Lot 2 RP 87781, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU18/0078 & OPW18/0117
Street address:	165 Gympie Tce Noosaville Qld 4566
Real property description:	Lot 2 RP 87781
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Multiple Housing - Type 2 Duplex
Operational Works for Stormwater, earthworks, carparking, access, erosion and sediment control & landscaping.
CURRENCY PERIOD of approval
The currency period for the material change of use approval is 6 years starting the day that this development approval takes effect.
The currency period for the operational works approval is 2 years starting the day that this development approval takes effect.
assessment manager conditions
MATERIAL CHANGE OF USE – MCU18/0078
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
SD 1.01	C	Site Plan, prepared by Tim Ditchfield Architects	27/04/18
SD 2.01	D	Ground Floor Plan, prepared by Tim Ditchfield Architects	04/06/18
SD 2.02	C	First Floor Plan, prepared by Tim Ditchfield Architects	27/04/18
SD 2.03	B	Roof Plan, prepared by Tim Ditchfield Architects	27/04/18
SD 3.01	C	Sections 01, 02, prepared by Tim Ditchfield Architects	04/06/18
SD 3.02	B	Sections 01, 02, prepared by Tim Ditchfield Architects	04/06/18
SD 4.01	B	Elevations, prepared by Tim Ditchfield Architects	27/04/18
SD 4.02	B	Elevations, prepared by Tim Ditchfield Architects	27/04/18
SD 5.01	B	Perspectives, prepared by Tim Ditchfield Architects	27/04/18
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural surface level, except for the northern eave which must not exceed 8.44 metres above the finished ground level and the natural surface level.
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 $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the pre-start meeting. 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.
Water & Sewer Connections
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).
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.
Building Appearance
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.
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.
Fencing and Walls
Front fencing must be provided as indicated on the approved plans.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Protection of Privacy
To ensure privacy is protected between adjoining properties, all windows and doors that have the potential to overlook the private open space of neighbouring properties must either:
be fitted with translucent glazing;
be fitted with a fixed external screen.
Community Management Statement
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.
ENVIRONMENTAL HEALTH CONDITIONS
Waste Storage
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Noise
Written certification is required from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment 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.
Assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building.  All equipment should be operating at the same time to test the overall noise level created, with the measurement location at either the residential boundary or outside the most exposed part of an affected building - whichever is the closest to the plant/equipment.
Certification must be submitted to Council, which certifies that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice.
ENgineering
Site Access and Driveways
A sealed access driveway must be provided from Gympie Terrace to all parking and manoeuvring areas of the development. The works must be generally in accordance with the approved plans and must include a driveway crossover in accordance with Council’s standard drawings RS-049 and RS-050.
Car Parking
A minimum of 3 car parking spaces must be provided and marked on the site and be made available and accessible at all times. The works must be undertaken generally in accordance with the approved plans and dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities.
All car parking areas, access driveways and turning bays must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
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 28064-SW1.1, Revision A, Stormwater Management Plan, prepared by SCG Consulting Engineers.
Electricity and Telecommunication 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 which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
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
Filling works required on site shall be carried out in accordance with Council’s Planning Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.
All fill and associated batters 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.
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 the approved plans and Planning Scheme Policy PSP 3 Landscaping Plants and Guidelines.
One street tree must be provided within the road reserve, which is suitable for planting under power lines. The species type must be identified at the pre-start meeting.
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.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
OPERATIONAL WORKS - OPW18/0117
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
28064-OW3.1	A	Operational Works: Earthworks  Plan, prepared by SCG Consulting Engineers	Apr 2018
28064-OW4.1		Operational Works: Driveway & Access prepared by SCG Consulting Engineers	Apr 2018
28064-OW4.2		Operational Works: Driveway Levels & section, prepared by SCG Consulting Engineers	Apr 2018
28064-SW1.1	A	Operational Works: Stormwater Management, prepared by SCG Consulting Engineers	Apr 2018
Page 1 of 3	D	Landscape Design – 165 Gympie Terrace, prepared by Createscapes Landscape Architecture & Design	30/05/2018
Page 2 of 3	D	Landscape Design – 165 Gympie Terrace, prepared by Createscapes Landscape Architecture & Design	30/05/2018
Page 3 of 3	D	Landscape Design – 165 Gympie Terrace, prepared by Createscapes Landscape Architecture & Design	30/05/2018
Landscaping Works
All landscape works must be constructed and undertaken generally in accordance with the approved plans and conditions detailed in this Decision Notice.
Turfed areas within the Gympie Terrace road reserve must:
join smoothly and level with adjoining surfaces; and
be free of disease, pest, weeds, rock and debris.
Landscape works must:
be in accordance with Planning Scheme Policy PSP 3 Landscaping Plants and Guidelines;
take all measures to prevent Fire Ants (or any stages of the fire ant life cycle) entering the work site;
take all measures to prevent Myrtle Rust infection;
not obstruct overland flow paths and must include adequate drainage to minimise ponding. Mulch or any floatable material must not be located in swales, overland flow paths or around grated drains;
not encroach onto kerb and channel, footpaths, pedestrian or vehicular/ circulation areas;
not restrict access to service meters;
delineate all garden to grassed area interfaces with a hard edge;
ensure sales signage and ancillary infrastructure is not installed within the road reserve;
ensure permanent irrigation is not installed within the road reserve;
ensure all weeds and debris are removed from planting areas prior to planting; and
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 ensure a minimum 100mm depth once settled.
Soil provided for landscaping must provide for the site specific vegetation performance objectives.
All landscape works must be completed prior to the commencement of use.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
All necessary approvals from external service providers (eg Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
A condition report including photographs of the frontage of the site must be completed and submitted to Council at the prestart meeting and prior to any works commencing.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council at the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a pre-start. The contact number to arrange a pre-start meeting is 5329 6245. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
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 pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Proposed fencing to the site during the construction phase of the development
Adequate parking arrangements for construction workers
No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off
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 and services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
For haulage operations involving significant volumes of fill material or excavated material being transported onto or off the site: details on the location of external fill 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
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to Council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works. The developer is solely responsible for any costs associated with modifications to existing infrastructure.
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
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
Pavement Design and Construction
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve/Reinstatement
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
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.
Pathways
All pathways must be constructed in accordance with the following requirements:
All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065;
All paths must have a slip resistant surface;
Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth ride for cyclists;
The required work includes any modifications to ensure the footpath finishes flush with all existing service covers and the like, or alternatively these services are raised or altered, so as not to create a pedestrian safety hazard
Pathways 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 AS1428 Design for access and mobility
Site Access and Driveways
Driveway crossovers must be constructed in accordance with Council’s Standard Drawings RS-049 and RS-050
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 Section 8 of the Standard, and to a minimum of ‘Level 1’ as defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and uniformity of fill shall be provided by a RPEQ and submitted to Council prior to the occupation of the building.
Fall protection must be provided to retaining walls that are over 1m high.
Slope and batters are a maximum grade of:
1 in 6 where in proximity to waterbodies
1 in 4 for grassed areas.
1 in 3 for planted areas
1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (eg by blocking or interfering with natural overland flows).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Environment
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards (refer to advisory notes).
Prior to the completion of the development, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium- to long-term (refer to E&SC Advisory Notes). For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
FOLLOWING CONSTRUCTION / PRIOR TO COMMENCEMENT OF THE USE
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.
As Constructed Plans (Council)
Prior to acceptance of civil works to become Council assets “On Maintenance”, the lodgement of satisfactory “As Constructed” records must be submitted to Council. The “As Constructed” information must include:
Drawings and data certified by a qualified experienced Civil Engineer (RPEQ) for design intent, and certified by a Licensed Surveyor in regard to the cadastre and the location, level and type of all services and structures
The data must be in accordance with Council’s – Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks, and fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels
The data must be submitted in hardcopy form and digital format (Asset Design and As Constructed (ADAC)) in GDA94 Zone 56 coordinate values. Guidelines on the use of ADAC are available at www.adac.com.au
On Maintenance
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to acceptance of the works. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
certification that all works have been undertaken and completed in accordance with the requirements of this Permit
as Constructed details in accordance with Council’s Planning Scheme Policy
maintenance and operational manuals for all proprietary or site specific devices
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection.
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
Council inspection reveals works do not comply with approval requirements
submitted certification falsely states works comply with approval requirements.
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 on 07 3247 6212 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 DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
ENVIRONMENTAL HEALTH ADVICE
Building Works
Noise from residential building works must 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: (a) Australian Standard AS1055.1 “Acoustics–Description and measurement of environmental noise – General procedures”, or (b) The relevant “Noise Measurement Manual” as provided by the Department of Environment and Heritage Protection.
A qualified person is considered to be either: (a) a Registered Professional Engineer of Queensland, or (b) an environmental consultant with a minimum of 3 years current experience in the field of acoustics.
Acoustic Advice & Design
It is highly recommended that the developer seek the advice and design input of a qualified acoustic consultant at the plan development stage to ensure the development does not cause a noise nuisance under the Environmental Protection Act 1994.  Attention should be given to the following (but not limited to) :
building design and construction
design, selection and installation of fixed plant and equipment
the location of air conditioning and heating units, refrigeration plant, pumps, mechanical exhausts and plant rooms etc.
the use of acoustic enclosures/screens around noisy plant and  equipment
operating times
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.
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6244 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
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.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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