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Delegated Report - Code - Planning RAL23 0022 7 OPW23 0187 [As Published]

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               DEVELOPMENT ASSESSMENT DELEGATED REPORT

               Author                  Development Planner, Georgina Schramm
                                       Development Assessment



                  APPLICATION DETAILS

                  Application No.                  RAL23/0022 OPW23/0187

                  Applicant                        Bradley Paul Voigt
                                                   Megan Renee Voigt

                  Proposal                         Reconfiguring a Lot – 1 lot into 2 lots
                                                   Operational Works

                  Properly Made Date               27 November 2023

                  Information Request Date         2 January 2024

                  Information Response Date        14 February 2024

                  Decision Due Date                22 March 2024

                  Report Reviewed &                Nadine Gorton 22.03.2024
                  Finalised By


                  PROPERTY DETAILS

                  Property Address                 31 Overlander Ave Cooroy

                  RP Description                   Lot 48 RP 179733

                  Land Area                        1733m²

                  Existing Use of Land             Dwelling House


                  STATUTORY DETAILS

                  SEQRP Designation                Urban Footprint

                  Zone                             Low Density Residential

                  Precinct                         Not Applicable

                  Local Plan Area                  Cooroy Local Plan Area

                  Overlays                         Regional Infrastructure

                  Assessment Type                  Code




Document Set ID: 22849946
Version: 6, Version Date: 25/03/2024
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Page 2

               1.     PROPOSAL
               This application seeks approval to reconfigure a residential lot into 2 lots and undertake associated
               operational works at 31 Overlander Avenue, Cooroy. The proposed lots include lot 1 with and area
               of 875m2 and lot 2 of 858m2, with lot 1 including the existing dwelling and driveway. Lot 2 will
               include the existing secondary dwelling and is proposed to be accessed via a rear lot handle with
               the new driveway proposed adjacent the existing driveway.
               The locality and proposal plans are included below.




                                                         Figure 1 – Locality

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                                                      Figure 2 – Proposal Plans


               2.     SITE DETAILS
               2.1. Site Description
               The site has an area of 1731m2 and contains a dwelling located to the site’s front with a 2 bedroom
               secondary dwelling constructed to the rear in recent years. The existing dwelling has access via
               an existing crossover from Overlander Avenue with the secondary dwelling currently taking access
               via a gravel driveway along the western boundary.
               The site is generally flat, is connected to services with a sewer line traversing the rear of the site.
               The site backs on to the Bruce Highway and sits generally level with the highway. A concrete
               acoustic fence has been constructed between the site and the highway.
               2.2. Surrounding Land Uses
               The site is located in area that has been developed predominantly for dwelling houses. Lots along
               Overlander Avenue are generally 1600m2 to 1800m2 in area and 67m long x 25m wide, with the
               dwellings all located to the front of the lots and ancillary structures constructed to the rear.
               None of the lots along Overlander Avenue have been further subdivided as proposed by the
               applicant.




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               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 2017;
               •      Planning Regulation 2017; and
               •      Noosa Plan 2020.
               3.2. Noosa Plan 2020
               The subject site is located in Cooroy and is zoned Low Density Residential. The proposed
               reconfiguring a lot is required to follow a code assessable application process.
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •      Cooroy Local Plan Code;
               •      Low Density Residential Zone Code;
               •      Reconfiguring a Lot Code;
               •      Works Codes;
               •      Regional Infrastructure Overlay Code.
               Development in the Low Density Residential Zone is intended to provide for predominantly
               detached housing on a range of lot sizes consistent with the character of the area and maintain a
               high level of amenity having regard to traffic, noise, dust, odour, light and other locally specific
               impacts. A minimum lot size of 600m2, with an average width of 17m and minimum frontage of
               4.5m are specified for the Low Density Residential Zone.
               The proposed lots both meet the minimum lot size, width and frontage with lot 2 having a 5m wide
               frontage to Overlander Avenue, with both lots able to accommodate a dwelling house. While lot 2
               is a rear lot, it achieves the minimum lot size exclusive of the access strip and will share a common
               boundary with less 4 other lots. The access handle also narrows to less than the required 4.5m
               being 4.3m in width at a pinch point due to an existing retaining wall. Nevertheless a 3m wide
               concrete driveway is able to be achieved for the length of the access handle achieving satisfactory
               access to the rear of the lot.
               The proposed lots achieve a reasonable level of amenity for residents, with a large concrete
               acoustic fence constructed to the site’s rear and positioned higher in elevation than the site.
               Consequently, the applicant considers the site is well buffered acoustically. This acoustic fence is
               shown in the images below:




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                                           Figure 3 – Existing Acoustic Barrier to Highway

               While performance outcome PO4 of the Reconfiguring a Lot Cde requires that no additional lots
               are created within the water supply buffer area for Lake Macdonald, Council’s strategic planning
               branch have previously advised that they are considering removal of this provision as subdivision
               of this area where connected to services has no to limited impacts on the water quality entering
               the lake and SEQ Water have indicated they have no concerns with increasing the density in this
               urban area.
               4.     CONSULTATION
               4.1. Referral Agencies
               The applicant was referred to the Department of Infrastructure, Local Government and Planning
               (SARA) due to the site being within 25m of a state transport corridor.
               The Department responded on 25 January 2024 providing the following condition for any approval:
               1.     Stormwater management of the development must not cause worsening to the operating
                      performance of the state-controlled road, such that any works on the land must not:
                      a) create any new discharge points for stormwater runoff onto the state-controlled road;
                      b) concentrate or increase the velocity of flows to the state controlled road;
                      c) interfere with and/or cause damage to the existing stormwater drainage on the state-
                          controlled road;
                      d) surcharge any existing culvert or drain on the state-controlled road;
                      e) reduce the quality of stormwater discharge onto the state controlled road;
                      f) impede or interfere with any overland flow or hydraulic conveyance from the state-
                          controlled road;
                      g) reduce the floodplain immunity of the state-controlled road.
               4.2. Internal Council Referrals
               The application was forwarded to the following internal Council officer for review and/or comment:
               •      Coordinator Engineering

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               Council’s coordinator engineering has provided the following comments, with conditions.
               The applicant through their information response has adequately addressed Council’s engineering
               concerns. Relevant conditions have been included in the recommendation.
               It is considered that no external works are required because:
                     i. The site currently has kerb and channel across the frontage, and
                    ii. There is no footpath on the subject side of Overlander Avenue and there is a footpath on the
                        opposite side.
               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 RAL23/0022 & OPW23/0187 for a Reconfiguring a Lot – 1 into 2 lots
               situated at 31 Overlander Ave Cooroy and described as Lot 48 RP 179733, it is recommended the
               application be approved in accordance with the following details for the Decision Notice:
               1.      APPLICATION DETAILS

                   Application No:               RAL23/0022, OPW23/0187

                   Street address:               31 Overlander Ave Cooroy

                   Real property description:    Lot 48 RP 179733

                   Planning Scheme:              Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for Reconfiguring a Lot – 1 lot into 2 lots
               •       Development Permit for Operational Works – Drainage Work, Stormwater, Landscaping,
                       Access & Driveway
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER CONDITIONS

                                                Development Permit for Reconfiguring a Lot
                       When Conditions Must Be Complied With
               1.      Unless otherwise stated, all works required by the conditions of this Decision Notice must be
                       completed prior to submission of the subdivision plan to Council for compliance assessment.
                       Currency Period
               2.      This development approval lapses if the requirements of the conditions have not been
                       completed and an application for plan seal is not lodged with Council by 22 March 2028,
                       unless an application to extend the currency period is approved by Council.




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                      Approved Plans
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below.

                           Plan No.          Rev.   Plan/Document Name                             Date

                           C110              D      Proposed    Subdivision   Layout        Plan 07.02.2024
                                                    prepared by Auxilium Consulting

               4.     All lot numbering on the subdivision plan to be submitted to Council for compliance
                      assessment must remain as shown on the Approved Plans.
                      Property Access and Driveways
               5.     A sealed access driveway must be provided from the existing formation in Overlander
                      Avenue to each lot. The works must be generally in accordance with drawing number C300
                      Revision D prepared by Auxilium Consulting dated 7 February 2024 and must include in
                      particular:
                      a.      driveway crossovers in accordance with Council standard drawings RS-049 and RS-
                              050 and any associated addendum, and
                      b.      the access driveway to Lot 2 must extend for the full length of the access handle,
                              including underground service conduits for all utility services.
                      Stormwater Drainage
               6.     Stormwater runoff from the development must be discharged to the kerb and channel in
                      Overlander Avenue and/or disposed of on-site without causing scour or damage to the
                      subject site or any adjoining property.
                      Services
               7.     Reticulated electricity and telecommunication services must be provided to each lot in
                      accordance with the standards and requirements of the relevant service provider. The
                      services within the site must be provided underground.
               8.     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.
               9.     Certification must be submitted to Council from all relevant service providers (Energex, NBN
                      and Unitywater) which certifies that the development has met the requirements of this
                      Decision Notice and all applicable legislation at the time of construction.
                      Easements
               10.    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.
               11.    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.
               12.    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
               13.    All earthworks and associated retaining structures/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.
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                                            Development Permit for Operational Works
               14.    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

                           C002               D        General Notes prepared by Auxilium 7.02.2024
                                                       Consulting

                           C100               D        Overall Layout Plan prepared by 7.02.2024
                                                       Auxilium Consulting

                           C200               D        Earthworks Layout Plan prepared by 7.02.2024
                                                       Auxilium Consulting

                           C300               D        Siteworks and Services Layout Plan 7.02.2024
                                                       prepared by Auxilium Consulting

                           C301               D        Driveway     Longitudinal    Section 7.02.2024
                                                       prepared by Auxilium Consulting

                           C302               D        Driveway Cross Sections prepared by 7.02.2024
                                                       Auxilium Consulting

               CURRENCY PERIOD
               15.    The Currency Period for this development approval lapses if the development has not
                      substantially started by 22 March 2026, unless an application to extend the currency period
                      is approved by Council.
               PRIOR TO COMMENCEMENT OF WORKS
                      Engineering
               16.    Tree protection fencing must be installed under the supervision of the Project Arborist. (Refer
                      to Retention of Existing Trees Conditions).
               17.    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.
               18.    A condition report including photographs of the frontage of the site must be completed and
                      submitted to Council at the prestart meeting / prior to any works commencing.
               19.    Certificates demonstrating currency of public liability insurance and works insurance covering
                      the works must be submitted to Council prior to the prestart meeting.
               20.    Council must be contacted at least 5 working days prior to any works commencing to
                      organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The
                      pre-start meeting must include the relevant parties for the following aspects of the works:
                      a.      Civil engineering works;
                      b.      Landscape works;
                      c.      Erosion and sediment control works;
                      d.      Other relevant parties
               21.    A Construction Management Plan must be submitted to Council prior to the pre-start meeting
                      and must specifically address the following:
                      a.      Traffic Management during all aspects of the construct phase including:
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                              i.       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.
                              ii.      Maintenance of safe vehicle and pedestrian access across the frontage of the
                                       site both during daily construction and after daily construction has ceased
                              iii.     Proposed fencing to the site during the construction phase of the development
                              iv.      Adequate parking arrangements for construction workers
                              v.       No queuing of trucks is permitted on residential streets, especially prior to
                                       7.00am. Further parked trucks must have engines turned off
                      b.      Maintenance and protection of water quality and existing drainage lines through the
                              construction site through the implementation of appropriate erosion and sediment
                              control measures
                      c.      Works programme identifying key components of the works and their respective
                              durations
                      d.      Establishment of a communication protocol with the general public and adjoining
                              owners to advise of agreed construction times, impacts on traffic and services and
                              other relevant issues
                      e.      Include signage in a prominent location at the front of the site advising of the site
                              contact details.
                      f.      identification of complaint management procedure
                      g.      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 must be fully repaired at the
                              applicant’s expense.
               22.    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.
               23.    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.
               DURING CONSTRUCTION
                      Engineering
               24.    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.
               25.    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.
               26.    All works must be constructed and work procedure undertaken in accordance with:
                      a.      The approved plans/documents and conditions detailed in this Decision Notice
                      b.      The relevant conditions of the higher order Reconfiguration of Lot approval viz.
                              RAL23/0022 to which this approval relates
                      c.      All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
                              specifications and guidelines

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                      d.      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
               27.    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
               28.    Safe vehicle and pedestrian access on all streets in the vicinity of the development must be
                      maintained at all times. Should footpath/road closures be necessary to carry out construction
                      works, Council’s Engineering Officer must be notified prior to the proposed closure and all
                      requirements complied with.
               29.    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.
               30.    Electrical conduits or other services proposed to be installed within existing and proposed
                      road reserves under existing sealed carriageways, concrete pathways, concrete/sealed
                      driveways or significant vegetation must be installed by boring. Trenching is not permitted,
                      unless specifically approved by Council.
                      Site Access and Driveways
               31.    Driveway crossovers must be constructed generally in accordance with Council’s Standard
                      Drawings RS-049, RS-050 and any associated addendum.
               32.    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.
               33.    The following must be complied with during the construction of the required
                      crossovers/driveway:
                      a.      The driveway surfacing must consist of either an approved hot mixed asphaltic
                              concrete or patterned/plain concrete.
                      b.      The driveway must be constructed so as not to concentrate stormwater runoff onto
                              neighbouring properties.
                      c.      Underground service conduits for water supply, electricity and any other services must
                              be provided as part of the access driveway.
                      d.      The property access must be located a minimum of 1m clear of existing power poles,
                              streetlights or other signage in the road reserve. 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
               34.    All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
                      on Earthworks for Commercial and Residential Development, with geotechnical testing
                      undertaken in accordance with the Standard.
               35.    Slope and batters are a maximum grade of:
                      a.      1 in 6 where in proximity to waterbodies
                      b.      1 in 4 for grassed areas.
                      c.      1 in 3 for planted areas.

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                      d.      1 in 2 for combined structural engineering and planting solutions.
                      Stormwater Drainage
               36.    Appropriate scour protection must be provided at the outlet of all stormwater pipes including
                      temporary outlets.
               37.    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).
               38.    Construction of all internal stormwater drainage works must comply with the relevant
                      section/s of Australian Standard AS/NZS 3500.3.
                      Erosion and Sediment Control
               39.    Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
                      Regulation 2019) must not be released from the site or to waters within the site, or be likely
                      to be released should rainfall occur, unless all reasonable and practicable measures are
                      taken to prevent or minimise the release and concentration of contamination.
               40.    Sediment and erosion control measures must be in place prior to works commencing. If such
                      measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
                      fines can be issued if sediments from the site are found to enter or have the potential to enter
                      Council’s stormwater system, natural waterways, any downstream stormwater filtration
                      system or adversely impacting on other properties. The sediment and erosion control design
                      and measures have NOT been approved, it is the site's Supervising Engineer who is
                      responsible for ensuring that the sediment and erosion control measures have:
                      a.      Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
                              practise" methods,
                      b.      Been revised by an RPEQ or CPESC to address the issues raised by changes in the
                              projected construction schedule and/or methods,
                      c.      Been revised to address predicted rainfall events, and
                      d.      Achieve the desired environmental outcomes.
                      Council may request further controls to be installed should the implemented measures be
                      found inefficient.
               41.    The erosion and sediment control measures must be designed, installed and maintained in
                      accordance with the supervising engineer instructions and the current best practice
                      standards * (Refer to Advisory Note).
               42.    The developer must ensure non-essential exposure of soil is prevented by restricting the
                      extent of disturbance and minimising the duration of soil exposure to adverse weather
                      conditions and effectively turf, cover or stabilise any disturbed area without delay and prior
                      to rainfall occurring.
               43.    The developer must ensure sediment does not leave the site or enter onto adjoining
                      properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or
                      machinery. It is essential to implement appropriate approved erosion and sediment control
                      measures throughout the site during all phases of construction including vehicle shakedown
                      pad/grid (or similar) at the access to the construction site. Where sediments or other
                      contaminants are deposited on a road, they must be removed so as not to enter Council’s
                      drainage system or waterways.
               44.    Prior to the completion of the development works, all site surfaces must be effectively
                      stabilised using methods which have achieved effective short-term stabilisation and which
                      will continue to achieve effective stabilisation in the medium to long-term. For the purpose of
                      this condition, an effectively stabilised surface is defined as one that does not, or is not likely
                      to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to
                      sedimentation, or lead to water contamination.


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                      Damage to Services and Assets
               45.    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.
               FOLLOWING CONSTRUCTION / PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY
                      Certification
               46.    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.
               5.     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 9,         The agency provided its
                                       at DILGP Via MyDAS2       Division 4, Subdivision 2,   response on 25
                                       at https://prod2.dev-     Table 1 – Reconfiguring      January 2024
                                       assess.qld.gov.au/suite   a lot within 25m of a        (Reference No. 2312-
                                       / (for assistance,        State transport corridor     38390 SRA). A copy of
                                       contact DILGP at 5352                                  the response is
                                       9701 or                                                attached
                                       email:[email protected]

               6.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      Infrastructure Charges
               1.     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
                      Building and Construction Industry (Portable Long Service Leave) Levy
               2.     The QLeave levy must be paid prior to commencing any works on site where required.
                      Private Infrastructure
               3.     All private infrastructure for the development must be designed to meet the planning scheme
                      requirements unless otherwise agreed by the relevant authority.
                      General Advisory Notes
               4.     As the driveways are private structures, the owner bears full responsibly for the standard of
                      its construction, maintenance and any liabilities associated with its construction.




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               5.     Council has undertaken an audit check of the Operational Works drawings in relations to the
                      proposed works. A detailed check of the calculations and drawings has not been undertaken,
                      as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of
                      the engineering design. Council reserves the right to require further amendments and/or
                      additions at a later date should design errors become apparent.
               6.     Council reserves the right to call up any performance bond held or levy charges against the
                      property, should emergency works be required to be undertaken by Council to make the site
                      safe due to inactivity on the development site for extended periods of time.
               7.     Should any changes or modifications to the approved plans be required as a result of
                      construction constraints, a “Request to change an existing approval” under the Planning Act
                      2016 must be made. Amended plans clearly indicating the changes must be lodged with this
                      application along with the appropriate fees.
                      Prestart, On and Off Maintenance Inspections Request
               8.     Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
                      business days notice of preferred inspection time.
               9.     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.
               10.    A minimum maintenance period of 12 months will apply to all municipal works and thereafter
                      until such time as the works are performing in accordance with the approved design unless
                      noted otherwise.
                      Environmental Advisory Notes
               11.    The Environmental Protection Act 1994 states that a person must not carry out any activity
                      that causes, or is likely to cause, environmental harm unless the person takes all reasonable
                      and practicable measures to prevent or minimise the harm. Environmental harm includes
                      environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
                      construction and landscaping phases of this development are to adhere to their ‘general
                      environmental duty’ to minimise the risk of causing environmental harm.
                      Erosion and Sediment Control
               12.    Accepted best practice standards include International Erosion Control Association
                      Australasia Best Practice Erosion and Sediment Control.
               13.    Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
                      in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
                      Engineer of Queensland (RPEQ).
               14.    As a general rule, a site is determined to have achieved effective short-term stabilisation if
                      at the time of the plan sealing inspection:
                      a.      Methods of stabilisation are:
                              •    appropriate for slopes and slope lengths; and
                              •    are consistent with best practice environmental management practices such as in
                                   the Manual for Erosion and Sediment Control or the IECA Manual; and
                      b.      Stormwater runoff from the site is not currently, and is not likely to result in visible
                              evidence of sedimentation or erosion, or lead to water contamination.
                              If at the time of request for plan sealing, the method of short-term stabilisation has not
                              achieved a level of stability that Council's Officers believe will have a high probability
                              of achieving long term stability in determining whether the site is capable of achieving
                              medium to long-term stability:
                              •    evidence that the site has been effectively stabilised in the short term;
                              •    evidence that soil has been adequately ameliorated;

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Document Set ID: 22849946
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Page 14

                              •    evidence that seed of annual and perennial grass species has been applied at an
                                   adequate rate; and
                              •    that grass seed has germinated at a density that is likely to achieve an effective
                                   grass cover.
               7.     PROPERTY NOTES

               Not applicable.
               8.     VARIATION APPROVAL DETAILS

               Not applicable.
               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

               Not applicable.
               10.    SUBMISSIONS

               Not applicable.
               11.    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.
               12.    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.




                                                                                                      Page 14 of 14

Document Set ID: 22849946
Version: 6, Version Date: 25/03/2024

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