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Delegated Report - Code - Planning 132004 4029 01 [As Published]

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               DEVELOPMENT ASSESSMENT DELEGATED REPORT

               Author                   Development Planner, Georgina Schramm
                                        Development Assessment

                  APPLICATION DETAILS

                  Application No.                   132004.4029.01, RAL22/0010

                  Original App.                     132004.4029 / 04/4029

                  Applicant                         Richard Ford C/- Adams and Sparkes Town Planning

                  Proposal                          Other Change Application
                                                       •   Material Change of Use - Dual occupancy
                                                       •   Reconfiguring a Lot – Subdivision by Community Title
                                                           Scheme (3 lots)

                  Properly Made Date                25 May 2022

                  Information Request Date          14 June 2022

                  Information Response Date         12 October 2022

                  Decision Due Date                 11 June 2023

                  Report Reviewed &                 Nadine Gorton 16.05.2023
                  Finalised By


                  PROPERTY DETAILS

                  Property Address                  Avoca Lodge 1/6 Martin St Peregian Beach Qld 4573
                                                    Avoca Lodge 2/6 Martin St Peregian Beach Qld 4573
                                                    Avoca Lodge 6 Martin St Peregian Beach Qld 4573

                  RP Description                    Lots 1 & 2 SP 215946 & Lot 0 GTP 345

                  Land Area                         882.23m2

                  Existing Use of Land              Dual Occupancy


                  STATUTORY DETAILS

                  SEQRP Designation                 Urban Footprint

                  Zone                              Medium Density Residential

                  Precinct                          Not Applicable

                  Local Plan Area                   Coastal Communities

                  Overlays                          Bushfire Hazard




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Page 2

                                               Landslide Hazard

                    Assessment Type            Other Change to Approval - Code

               1.     PROPOSAL
               The applicant seeks to change the existing approval for the purpose of undertaking major
               renovations to Unit 2, increasing the upper-level deck/entrance of Unit 1, and realigning the
               boundaries of the existing community title allotments.
               The changes predominately relate to Unit 2. It is proposed that Unit 2 will be partially demolished
               to allow for a second storey, new driveway access, and garage off Avocet Parade with a deck over
               the garage.
               The extent of changes proposed relating to Unit 1 involves replacement and extension to upper-
               level deck.
               The proposed changes do not comply with road and side boundary setbacks.
               The locality and proposal plan are included below.




                                                        Figure 1 – Locality




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                                                 Figure 2 – Site Plan




                                        Figure 3 – Ground Floor Plan of Unit 2



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                                        Figure 4 – First Floor Plan of Unit 2




                                          Figure 5 – N/W/S Perspectives



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                                        Figure 6 – E Perspectives (Unit 1)




                                            Figure 7 – Elevations 01




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                                                           Figure 8 – Elevations 02




                                  Figure 9 – Approximate markup of relaxations proposed (markup by Council)

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                                        Figure 10 – Original Site Plan associated with prior approval

               2.     SITE DETAILS
               2.1. Background
               At the time of construction of the Duplex, the development did not trigger a planning application as
               it was Accepted Development.
               On 4 November 2004, a development approval was issued for the purpose of an extension to the
               existing Duplex Dwelling Unit 1 to include an additional storey. This approval was issued at the
               time the 1990 Planning Scheme was in effect.
               The details of the approved unit extension of Unit 1 are as follows:




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               2.2. Site Description
               The subject lot is 882.2m2 in size and has dual frontage to Avocet Parade and Martin Street. At
               present, both units access the site via Martin Street.
               2.3. Surrounding Land Uses
               Land surrounding the site is zoned Medium Density Residential, with housing of varying densities.
               Development adjoining the site are multiple dwelling units, and properties adjacent are duplex
               units.
               3.     ASSESSMENT
               3.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
               •      State Planning Policy;
               •      South East Queensland Regional Plan;
               •      Planning Regulation 2017; and
               •      Noosa Plan 2020.
               3.2. Noosa Plan 2020
               The following codes from the Noosa Plan 2020 are applicable to this development:

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               •       Medium Density Residential Zone Code;
               •       Coastal Communities Local Plan Code;
               •       Dual Occupancy and Multiple Dwelling Use Code;
               •       Works Codes;
               •       Bushfire Hazard Overlay Code;
               •       Landslide Hazard Overlay Code.
               The subject site is located in Peregian Beach and is zoned Medium Density Residential. The
               proposed use is identified as a consistent use within the zone and is required to follow a code
               assessable application process.
               The application has been found to generally comply with all applicable statutory instruments. The
               pertinent issues arising out of the assessment are discussed below:

                   Criteria                   Planning Scheme                 Proposal            Complies

                   AREA                                                                                 882.2m2

                   Building height
                   •   storeys                2 storeys max                   2 storeys           
                   •   metres                 8 metres                        7.65 metres         
                                                                              (proposed U2)
                                                                              7.8 metres          
                                                                              (existing U1)

                   Site cover                 40% max                         40%                 

                   Gross floor area           352.8m² max                     361.3m²             -
                   Plot ratio                 0.4:1 max.                      0.409:1             -
                                                                              TBC                 conditioned

                   Boundary setbacks
                   • Frontage                 6 metres (Martin)               ~4.1 – 8 metres     X
                                              6 metres (Avocet)               4.5 metres          X
                   • Side (northern)          1.5 metres min                  1.0 metre           
                   • Side (eastern)           1.5/2.0/2.5 metres min          1.5 metres          X

                   Length of wall             15 metres max                   < 15 metres         

                   Landscaped open space      352.8 m² min                    564.4m²             
                   Soft landscaping           211.68 m²min (60% of total)     303.6m²             

                   Private Open Space         25m² min                        >150m²              

                   Carparking                 2 covered min                   4 covered           
                                              1 uncovered min

               Front Setback
               Acceptable outcome AO12.1 of the Medium Density Residential Zone Code seeks:
               AO12.1 Buildings and structures meet the following minimum boundary setbacks:

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                          a) for frontages — 6 metres
                          b) for side boundaries—
                             i. 1.5 metres setback up to 4.5 metres height;
                            ii. 2 metres setback between 4.5 metres and 7.5 metres height; and
                           iii. 2.5 metres where above 7.5 metres height
                          c) for the rear boundary - 6 metres
               The existing duplex development has a setback of 4.8 metres from Avocet Parade (western
               frontage), and a minimum setback of 5 metres along the Martin Street frontage. The proposed
               changes to the front setback relate to Unit 2with the existing front setback of Unit 1 remaining
               unchanged. Neither the existing or the proposed front boundary setbacks comply with the 6 metre
               setback as outlined in AO12.1, therefore compliance with Performance outcome PO12 is sought.
               PO12 Buildings and structures are designed and sited to:
                     a) provide a high level of amenity to users of the subject site and adjoining premises,
                          including provision of visual and acoustic privacy;
                     b) not unreasonably obstruct views or cause overlooking of private open space or
                          habitable areas of adjoining premises;
                     c) provide adequate distance from adjoining land uses;
                     d) preserve existing vegetation that will help buffer development;
                     e) allow for space and landscaping to be provided between buildings including
                          adequate area at ground level for landscaping with trees, shrubs, outdoor living and
                          utilities;
                     f) be consistent with the predominant character of the surrounding area; and
                     g) protect the natural character and avoid adverse impacts on ecologically important
                          areas such as national parks, waterways and wetlands.
               The applicant has treated Martin Street as the primary frontage, with the development having a
               setback ranging from 5 metres to 8 metres in lieu of 6 metres, with the exception of an open pergola
               setback 4.2 metres. Figure 9 illustrates the extent of the pergola structure which encroaches in the
               setback area, an area equivalent to 6m2. The eave of Unit 2 achieves a 4.5 metre setback to Avocet
               Parade.
               The proposed setbacks are not considered to compromise the amenity of the development or
               surrounding locality. The unit development on the southern side of Martin Street has comparable
               setbacks to what is proposed. The fence is stepped in along each frontage, to allow for landscaping
               in front of the fencing which will soften the development.
               With consideration of the length of the road frontage, the property having dual frontage, and the
               existing building setbacks the proposed relaxations are considered appropriate.
               Side Setback
               Acceptable outcome AO12.1 of the Medium Density Residential Zone Code seeks:
               AO12.1 Buildings and structures meet the following minimum boundary setbacks:
                  a) for frontages — 6 metres
                  b) for side boundaries—
                         i.  1.5 metres setback up to 4.5 metres height;
                        ii.  2 metres setback between 4.5 metres and 7.5 metres height; and
                       iii.  2.5 metres where above 7.5 metres height
                 c) for the rear boundary - 6 metres
               The applicant seeks two side boundary setback relaxations:
                   • a 1 metre setback to the northern boundary of Unit 2 in lieu of 1.5 metres.
                   • a 1.5 metre setback to the eastern boundary of Unit 1 in lieu of 2 metres.
               The development does not comply with the Acceptable outcome and is to be assessed against
               the corresponding Performance outcome.


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               PO12 Buildings and structures are designed and sited to:
                 a) provide a high level of amenity to users of the subject site and adjoining premises,
                     including provision of visual and acoustic privacy;
                 b) not unreasonably obstruct views or cause overlooking of private open space or habitable
                     areas of adjoining premises;
                 c) provide adequate distance from adjoining land uses;
                 d) preserve existing vegetation that will help buffer development;
                 e) allow for space and landscaping to be provided between buildings including adequate
                     area at ground level for landscaping with trees, shrubs, outdoor living and utilities;
                 f) be consistent with the predominant character of the surrounding area; and
                 g) protect the natural character and avoid adverse impacts on ecologically important
                     areas such as national parks, waterways and wetlands.
               The area of relaxation along the northern boundary relates to the garage only which is a non-
               habitable room with no window/s on the northern elevation and a length of 7 metres. The 1.0 metre
               setback allows for separation between the built form of the garage and adjoining residential
               development. The neighbouring dwelling is setback 3 metres from the common boundary and is
               well landscaped when viewed from Avocet Parade. The garage is setback 6 metres from the
               Avocet Parade frontage which will enable landscaping to be provided to the street frontage The
               relaxation is considered to have little impact on the adjoining premises and conditions relating to
               landscaping within the setback area included to uphold the amenity of the site.
               The proposed setback relaxation to the eastern property boundary of Unit 1, relates to the upper-
               level extension of the deck/entrance area. The adjoining development has windows on the upper
               level behind the proposed deck and there is the potential for overlooking. Conditions requiring
               planter boxes and or screening of the area are included in the recommendation.
               The approved plans detailed in Condition 1 of the development permit will be amended accordingly.
               Gross Floor Area
               Acceptable outcome & Performance outcome of the Medium Density Residential Zone Code
               seeks:
               AO11 For a dwelling house, plot ration of development does not exceed 0.4:1
               PO11 Plot ratio of development:
                 a) does not exceed 0.4:1; or
                 b) for small dwellings or for development which provides a ratio of at least three small
                     dwellings to one other dwelling, does not exceed 0.5:1.
               The proposed development exceeds the plot ratio of 8.5m2. A review of the surrounding unit
               developments indicates that the increased gross floor area is not characteristic of the area. The
               current proposal results in a development that does not comply with the Performance Outcome
               PO11 as the proposed plot ratio exceeds 0.4:1 and the proposed dwelling units are not small
               dwellings. A condition will be imposed to allow for plan revisions to be made to ensure compliance
               with gross floor area requirements.
               Landscaping Works
               In consideration of the scale of the Change Application and that the extent of works predominately
               relate to Unit 2, proposed lot 2 is to be landscaped in accordance with an approved soft landscaping
               plan to be lodged as part of an Operational Work application. Requiring further landscaping works
               to the Unit 1 is not considered reasonable considering the minor alteration to Unit 1.
               4.     CONSULTATION
               4.1. Referral Agencies
               The applicant was referred to the following Referral Agencies:
               •      Department of Infrastructure, Local Government and Planning (SARA)



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               The Department is a referral agency for being identified as a contaminated premises, unexploded
               ordnance.
               The Department has responded advising:




               4.2. Internal Council Referrals
               The application was forwarded to the following internal Council officers for review and/or comment:
               •      Development Engineer – as conditioned.
                      The proposed works includes alterations to one dwelling of an existing duplex at the corner
                      of Martin Street and Avocet Parade. The alterations propose to change how Unit 2 is
                      accessed (from Martin Street to Avocet Parade). A preliminary driveway design has been
                      prepared by RECOR Consulting which generally complies with RS-049 and RS-050. These
                      works must be administered through an Operational Works application as the subject site
                      does not have kerb and channel and endorsed through a Geotechnical report to address
                      Council’s mapped Landslide Hazard overlay. In this instance, it is not considered reasonable
                      to condition external works (footpath, kerb and channel) as the proposed development will
                      not increase the demand for this infrastructure. Engineering believes that the proposed
                      development can achieve relevant compliances and recommends the following conditions.
               5.     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. 132004.4029.01 & RAL22/0010 to make an Other Change to an
               existing approval for a Material Change of Use - Dual occupancy & Reconfiguring a Lot –
               subdivision by Community Title Scheme, situated at Avoca Lodge 1/6 & 2/6 Martin St Peregian
               Beach Qld 4573 and described as Lots 1 & 2 SP 215946 & Lot 0 GTP 345, Council on 17 May
               2023 decided to:
                    A. Approve the Other Change.
                    B. Amend Conditions 1, 3, 5, 5.3, 7, 18, 21 to read as detailed below:
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                    C. Include additional Conditions 5.4, 5.5, 5.6, 37 – 49 to read as detailed below:
                    D. Delete Conditions 8, 12, 15, 16, 17 & 19.
                    E. Approve the application for Reconfiguring a Lot – Subdivision by Community Title Scheme.
               Land Use
                      Approved Plans
               1.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table/s below. The plans must be amended to incorporate
                      the amendments listed within the table below and resubmitted to Council prior to the issue
                      of any Development Permit for Operational Works*.

                         Plan No.          Rev.     Plan/Document Name                          Date

                         132004.4029

                         SK01 A                 -   Site Plan, prepared by unknown              March 2004

                         SK02 A                 -   Ground Floor Plan, prepared by unknown      March 2004

                         SK03 A                 -   Upper Floor Plan, prepared by unknown       March 2004

                         SK04 A                 -   Roof Plan, prepared by unknown              March 2004

                         SK05 A                 -   South and East, prepared by unknown         March 2004

                         SK06 A                 -   North and West, prepared by unknown         March 2004

                         132004.4029.01

                         21-068-DD-02           E   Proposed Site & Roof Plan, prepared by 4 May 2023
                                                    DCM Building Design + Drafting

                         21-068-DD-11           E   Unit 1 Existing + Demolition + Proposed, 4 May 2023
                                                    prepared by DCM Building Design +
                                                    Drafting

                         21-068-DD-03           E   Landscaping & Areas Plan, prepared by 4 May 2023
                                                    DCM Building Design + Drafting

                      The following plans require amendment.

                         Plan No.           Rev.    Plan/Document Name                          Date

                         21-068-DD-05       E       Unit 2 Proposed Ground Floor Plan, 4 May 2023
                                                    prepared by DCM Building Design +
                                                    Drafting

                         21-068-DD-06       E       Unit 2 Proposed First Floor Plan, prepared 4 May 2023
                                                    by DCM Building Design + Drafting

                         21-068-DD-12       E       3D Elevations 01, prepared by DCM 4 May 2023
                                                    Building Design + Drafting

                         21-068-DD-13       E       3D Elevations 02, prepared by DCM 4 May 2023
                                                    Building Design + Drafting



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                         21-068-DD-15             E       Elevations 01, prepared by DCM Building 4 May 2023
                                                          Design + Drafting

                         21-068-DD-16             E       Elevations 02, prepared by DCM Building 4 May 2023
                                                          Design + Drafting

                         21-068-DD-18             E       Sections 01, prepared by DCM Building 4 May 2023
                                                          Design + Drafting

                         21-068-DD-19             E       Sections 02, prepared by DCM Building 4 May 2023
                                                          Design + Drafting

                         21-068-DD-20             E       Site 3D View, prepared by DCM Building 4 May 2023
                                                          Design + Drafting

                         Amendments               The total gross floor area of the development is to be reduced, to not
                                                  exceed a plot ratio of 0.4:1.

                      *(Refer to Advisory Note)
               2.     The development must be undertaken and operated in a manner that causes no detrimental
                      effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
                      lighting nuisance or other emissions.
               3.     All fencing shall be setback at least 1 metre from the front property boundary, with at least
                      half of the fencing to be setback 2 metres. The area of land between the fence and the front
                      property boundary shall be densely landscaped to screen any fencing.
               4.     Any deck areas shall not be enclosed with shutters, glass panelling or the like, thus remaining
                      as open structures.
                      Landscaping Works
               5.     The open space and setback areas are to be landscaped in accordance with Council’s Policy
                      on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to
                      be completed prior to the premises being occupied and maintained at all times thereafter.
                      The landscape plan is to include the following:
                      5.1. The implementation of garden beds with screening vegetation consisting of a mixture
                           of native trees with mid and understorey planting in the setback area along the Martin
                           Street road frontage and along the eastern boundary.
                      5.2. The mature coconut palm in the south-eastern corner of the site shall be replaced with
                           a large endemic tree (100 Litre +) to achieve a height of 8-10 metres.
                      5.3. A large endemic tree (75 Litre +) shall be provided in the rear garden of Unit 1 to replace
                           the trees required to be removed due to the extensions, in order to maintain the amenity
                           of the area.
                      5.4. The landscaping area specific to Unit 2 is to be undertaken in accordance with an
                           Operational Works approval and the Noosa Plan for that specific area, and must
                           include in particular:
                              a.        the areas shown on the approved concept landscape plan as listed in Condition
                                        38.
                              b.        all landscape garden beds located wholly within the property.
                              c.        2 street trees are to be provided along each frontage, and are to be setback a
                                        minimum of 1 metre from the road verge, and are to be of a species that do not
                                        impact on services.



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                      5.5     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.
                      5.6     All landscape works must be maintained generally in accordance with the approved
                              design for the life of the development.
               6.     Existing trees on the site and within road reserves are to be retained, except where required
                      to be removed due to building operations or the conduct of the approved use. The landscape
                      plans referred to above are to denote areas of existing vegetation or existing trees proposed
                      to be retained.
               7.     The landscaping plans referred to in the conditions are to be prepared and certified by a
                      suitability qualified and experienced Landscape Architect or Horticulturalist.
               8.     DELETED.
               9.     The proposed development shall have all kitchen, laundry and bathroom fittings that comply
                      with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water
                      Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and
                      Drainage Standard Part 1.2). All tap ware and shower roses shall not exceed a maximum
                      flow of 9 litres per min. Dishwashers and washing machines are excluded from this
                      requirement.
               10.    Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must
                      be submitted to secure performance of all conditions of this approval, prior to the issue of a
                      Development Permit for operational works. The cash bond or trading bank guarantee will be
                      returned on performance of the conditions of approval less any costs incurred by Council in
                      respect of enforcing performance of this permit.
               11.    The requirements of this development approval are to be effected, prior to the use of the
                      premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
                      this approval to effect compliance with conditions.
               12.    DELETED.
               13.    This Development Permit for a material change of use of premises lapses if:-
                      13.1. the use or erection of a building or other structure associated with the use, has not
                            been commenced by 4 November 2008, unless application is made and approved by
                            Council for an extension; or
                      13.2. the use of any premises pursuant to the Development Permit ceases.
               14.    The developer must obtain all of the other Development Permits referred to in the Decision
                      Notice, prior to obtaining a Development Permit for building works.
               Land Development
               15.    DELETED.
               16.    DELETED.
               Carparking
                      Off Street
               17.    DELETED.
               18.    A minimum of 4 car parking spaces must be provided on the site. The works must include
                      dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
                      Parking Facilities.
               19.    DELETED.
               Pathway Contributions


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               20.    A pathway contribution of $68.00 towards external major pathways, in accordance with
                      Planning Scheme Policy PSP41 Coastal Major Pathway Contributions, shall be paid to the
                      Council prior to obtaining a Development Permit for Operational Works. This amount will be
                      subject to variations in the Price Index, All Groups Brisbane from June 2004 until the date of
                      payment.
               Stormwater Drainage
               21     The site must be provided with a stormwater drainage system connecting to a lawful point of
                      discharge. The works must be generally in accordance with RECOR’s Stormwater
                      Management Plan (20220116-SWMP01) dated 27 September 2022
               Sewer Mains
               22.    The site shall be connected to Council’s existing sewerage reticulation systems and be
                      constructed in accordance with Council’s standards and requirements at no cost to Council.
               Town Water Supply
               23.    The site shall be connected to Council’s existing town water supply and be constructed in
                      accordance with Council’s standards and requirements at no cost to Council.
               Service Easements
               24.    A registered easement shall be created over the existing sewer main that crosses the site.
                      The easements shall generally be parallel to and centred over the sewer main and be
                      equivalent in width to twice the depth to invert level of the sewer at the deepest point within
                      the allotment (measured from the finished surface) and be no less than 3.0 metres wide.
                      In this regard, plans submitted for Operational Works approval shall accurately show the
                      location of the easement.
                      In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate
                      undertaking in writing that the Title Deed and the easement documents will be lodged at the
                      Land Titles Office and any additional Titles Office forms or requisitions requiring the consent
                      of Council will be attended to promptly.
                      A duly executed copy of the easement shall be submitted to Council for perusal prior to the
                      use commencing.
                      Any changes required by Council’s Solicitor must be corrected immediately.
               25.    No building or other structure shall be constructed or encroach over an easement. Any
                      building or structure within proximity of an easement or any other public utility’s underground
                      must have its foundations designed so that no surcharge loads are imposed upon such
                      underground infrastructure. Foundations must be taken down a minimum of 1 metre below
                      a line of influence measured 1 metre in the direction of the foundation from the centreline of
                      the closest underground service and along the natural angle of repose of the foundation soil
                      type(s).
                      Plans, and supportive documents, detailing these proposed foundations shall be designed
                      by a registered practicing Geotechnical Engineer and submitted with the application for a
                      Development Permit for Operational Works.
               Headworks
               26.    Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28
                      and PSP30 on Water Supply Headworks Contributions and Sewerage Headworks
                      Contributions respectively and at the rates applicable at the time of payment. An estimate
                      only of the contribution rates as of June 2004 under the current policies is as follows:

                        Water Supply     $1,097

                        Sewerage         $1,271


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                        TOTAL            $2,368

                      All headworks contributions must be paid prior to the issue of a Development Permit for
                      Operational Works.
                      Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the
                      headworks contributions not be paid at the due time, Council shall call upon the trading bank
                      guarantee in full.
                      In the event that the Development Permit for Material Change of Use of Premises lapses or
                      is cancelled, the contribution or trading bank guarantee will be returned.
               Erosion and Sediment Control
               27.    Any person acting on this permit shall prevent erosion and sediment export from leaving the
                      site. Site control measures such as silt fencing, controlled gravel access to the site and
                      controlled disposal of waste, will be necessary.
               28.    In this regard plans detailing the methods of controlling erosion and sediment are required
                      to be submitted to the Council for approval prior to obtaining a Development Permit for
                      Operational Works.
               General
               29.    Any damage caused to any public utility during the course of construction shall be repaired
                      to Council’s standards and at no cost to Council.
               30.    Any alteration of any public utility or other facilities necessitated by the development of the
                      land or associated construction works external to the site shall be at no cost to Council.
               31.    The transportation of all materials to and from the site shall be undertaken in a manner such
                      that no particle matter escapes onto a public road. All vehicles carrying materials either to
                      or from the site shall be covered to prevent materials including dust being windblown from
                      the vehicle.
               Building Services
               32.    A contour survey of the subject site is to be carried out by a Licensed Surveyor and is to be
                      submitted to Council at the time of application for building approval. Such survey shall set
                      out the natural surface levels of the site and the position of buildings on the site.
               33.    A verification survey of the building is to be carried out by a Licensed Surveyor and a
                      certificate lodged with Council at completion of the work confirming compliance with the
                      maximum building height above natural surface, required by the provisions of the Planning
                      Scheme.
               Environmental Health
               34.    The developer must provide a suitably screened imperviously paved area large enough for
                      all refuse and recycling containers.
               35.    Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or
                      located in a manner which prevents a noise nuisance beyond the subject land in accordance
                      with the nuisance provisions of the Environmental Protection Regulation 1998. On the spot
                      fines apply for such offences.
               36.    Noise emission from air conditioning equipment shall comply with the following requirements:
                      36.1. The equipment shall be installed and located in a manner which prevents noise
                            nuisance beyond the subject land in accordance with the nuisance provisions of the
                            Environmental Protection Regulation 1998 and Council’s Local Law No. 12 - Control of
                            Nuisances. Infringement Notices (on-the-spot fines) may apply for offences.




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                      36.2. Submission of written certification from a suitably qualified person confirming that the
                            noise levels comply when measured at the nearest residential boundary. This is
                            required immediately after installation of the equipment and prior to any occupation of
                            the building, and in a format approved by Council.
                      36.3. A person must not use equipment on any day if it makes or causes noise to be made
                            –
                              36.3.1. Before 7am or after 10pm: More than the lower of either –
                                        •   40 d(B)A
                                        •   3 d(B)A above the background noise level
                              36.3.2. From 7am to 7pm: More than the lower of either –
                                        •   50 d(B)A
                                        •   5 d(B)A above the background noise level
                              36.3.3. From 7pm to 10pm: More than 3 d(B)A above the background noise level.
                      Additional Conditions – 15 May 2023
                      Site Access and Driveways
               37.    A sealed access driveway must be provided from Avocet Parade to all parking and
                      manoeuvring areas of Unit 2 (Lot 6 on 2SP215946). The works must be undertaken in
                      accordance with an Operational Works approval and must be generally in accordance with
                      the proposed driveway design included as part of RECOR’s Proposed Residential
                      Development drawing set (20220116) dated 27 September 2022.
                      Geotechnical Stability
               38.    All works must be carried out in accordance with a Geotechnical Report (or part thereof)
                      prepared by a qualified person* and endorsed through an Operational Works approval.
                      Earthworks and Retaining Walls
               39.    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.
               40.    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.
               41.    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
               42.    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:
                      a.      where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
                              or
                      b.      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.




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                      Building Appearance
               43.    External design features, materials and finishes must be as shown on the Approved Plans,
                      with no inclusions or alterations made without approval in writing by Council.
               44.    External finishes of the building must be a mix of lightweight and textured external finishes,
                      with masonry areas incorporating a variety of textured finishes to break up the surface.
               45.    All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or
                      the like thus remaining as open structures.
               46.    External colours and finishes must be of an understated colour scheme and low-reflective
                      roofing and cladding materials.
               47.    Waste storage areas, clothes drying areas and external storage areas must be screened
                      from view of the street.
               48.    The boundary setback along the common boundary with Lot 343 P93114 is to be for soft
                      landscaping only, no services are to be provided in this area.
               49.    The upper-level balcony located on the eastern building face of Unit 1 must include either
                      balcony planter boxes, balustrading or fixed external screens, positioned in such a way to
                      obscure direct views into the habitable room windows or private open space areas of the
                      adjoining property. Any fixed external screen(s) must not extend more than 50% of the length
                      of the balcony.
                                                     RECONFIGURING A LOT
                      When Conditions must be Complied With
               1.     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.
               2.     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

                           10626 PROP C         -    Proposed Boundary Realignment, prepared 23 May 2022
                                                     by Skyline Surveyors (annotated by
                                                     Council)

                      Currency Period
               3.     This development approval lapses if the use has not happened by 17 May 2027 unless an
                      application to extend the currency period is approved by Council.
                      Boundary Encroachments
               4.     Certification must be submitted to Council from a Licensed Surveyor which certifies that:
                      a.      the setback/s to any new boundaries for any existing buildings remaining on the site
                              comply with the relevant provisions of the planning scheme and the Building Act 1975,
                              unless varied by this Decision Notice
               5.     all constructed access and roadworks (including associated fill batters and retaining walls)
                      are fully contained within a dedicated reserve or registered easement
               6.     all utility services and connections (eg. electricity, telecommunications, water, sewerage) are
                      wholly located within the lot they serve or alternatively included within an easement
               7.     all retaining walls and structures are fully contained within the lot they retain
               8.     any fill, including fill batters, are wholly contained within the subject site and not on adjacent
                      properties


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               9.     for the community title scheme, the road pavement changes required by this Decision Notice
                      accurately demarcate the boundaries of the public and private land.
               1.     REFERENCE DOCUMENTS

                Plan No.                 Rev.   Plan/Document Name                                     Date

                2022016                   01    RECOR’s Proposed Residential Development 27 September
                                                drawing set (20220116) dated 27 September 2022
                                                2022.

                20220116-                 0     Stormwater Management Plan, prepared by 27 September
                SWMP01                          RECOR Consulting dated 27 September 2022. 2022

               2.     REFERRAL AGENCIES

               The referral agencies applicable to this application are:

                Referral Status         Referral Agency and Referral Trigger                    Response
                                        Address

                Concurrence             SARA at DILGP SARA        Schedule 10, Part 4,          The agency provided its
                                        at DILGP Via MyDAS2       Division 3, Table 1 -         response on 12 July
                                        at https://prod2.dev-     Areas with substantial        2022(Reference No.
                                        assess.qld.gov.au/suite   potential for UXO             2206-29296 SRA). A
                                        / (for assistance,                                      copy of the response is
                                        contact DILGP at 5352                                   attached
                                        9701 or
                                        email:[email protected]

               3.     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
               1.     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
               2.     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:

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                      a.      the Disability Discrimination Act 1992 (Commonwealth);
                      b.      the Anti-Discrimination Act 1991 (Queensland); and
                      c.      the Disability (Access to Premises – Buildings) Standards.
                      Development Compliance Inspection
               3.     Prior to the commencement of the use, please contact Council's Development Assessment
                      Branch to arrange a Development Compliance Inspection.
                      Resubmission of Amended Plans Required
               4.     The conditions of this Decision Notice require resubmission of plan/s to Council with
                      amendments. Please address the amended plan/s to Council’s Development Assessment
                      Branch with the Reference No. 132004.4029.01 separate to any Operational Works
                      application. To avoid delays and assessment issues with the Operational Works application,
                      it is recommended the plan/s be resubmitted prior to lodgement of any Operational Works
                      application. However, should the plan/s not be submitted, the applicant is advised that a
                      Preliminary Approval may be issued in lieu of a Development Permit.
                      Building and Construction Industry (Portable Long Service Leave) Levy
               5.     The QLeave levy must be paid prior to the issue of a development permit where it is required.
                      Council will not be able to issue a Decision Notice without receipt of details that the Levy has
                      been paid.
                      Co-ordination of Operational Works Assessment
               6.     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.
                      Qualified Person
               7.     For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability
                      for the development, a qualified person is considered to be a person who:
                      a.      is a Registered Professional Engineer of Queensland (RPEQ); and
               8.     has a degree in civil engineering or engineering geology; and
               9.     has a minimum of 5 years experience in the field of geotechnical engineering or engineering
                      geology.
               Infrastructure Charges
               10.    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
               4.     PROPERTY NOTES

               Not applicable.
               5.     VARIATION APPROVAL DETAILS

               Not applicable.
               6.     FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required               Subject of the required Development Permit




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                Development Permit for Operational Works        Road work, Stormwater, Drainage work,
                                                                Earthworks, Landscaping, Signage, Vegetation
                                                                Clearing.

                Development Permit for Building Works           All building work (including demolition)

               7.     SUBMISSIONS

               Not applicable.
               8.     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.
               9.     OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available online at
               www.noosa.qld.gov.au or at Council Offices.




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