Decision Notice - Approved by Delegation of Authority OPW21 0256

Officer: 	Laurie Schreck
Direct Telephone: 	07 53296223
Our Reference:	OPW21/0256 Your Reference:	208516
2 November 2021
Total Concept Homes P/L
C/- Cadcon Surveying & Town Planning
PO Box 5774
MAROOCHYDORE BC  QLD  4558
[email protected]
Dear Sir,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 2 November 2021, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW21/0256
Street address:	108 Black Mountain Range Rd Black Mountain Qld 4563
Real property description:	Lot 2 RP 131369
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Clearing Vegetation under planning scheme, Earthworks, Landscaping, Roadworks and Stormwater
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
APPROVED PLANS
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.

Plan No.	Rev.	Plan/Document Name	Date
A6578/20/L01	B	Locality Plan as prepared by Alta Engineering	31 August 2021
A6578/20/L02	B	Existing Features Plan as prepared by Alta Engineering	31 August 2021
A6578/20/R01	C	Roadwork Layout Plan as prepared by Alta Engineering	28 September 2021
A6578/20/R02	B	Roadwork Longitudinal Section as prepared by Alta Engineering	31 August 2021
A6578/20/R03	C	Roadwork Cross Section as prepared by Alta Engineering	28 September 2021
RP00	B	Vegetation Management and Covenant Area Rehabilitation Plan – Cover Page as prepared by North Coast Environmental Services	-
RP01	B	Vegetation Management and Covenant Area Rehabilitation Plan – Site Context as prepared by North Coast Environmental Services	25 October 2021
RP02	A	Vegetation Management and Covenant Area Rehabilitation Plan – Rehabilitation Area Detail as prepared by North Coast Environmental Services	12 October 2021
RP03	A	Vegetation Management and Covenant Area Rehabilitation Plan – Weed Management Specification as prepared by North Coast Environmental Services	12 October 2021
RP04	A	Vegetation Management and Covenant Area Rehabilitation Plan – Revegetation Specification as prepared by North Coast Environmental Services	12 October 2021
RP05	A	Vegetation Management and Covenant Area Rehabilitation Plan – Fencing Plan as prepared by North Coast Environmental Services	12 October 2021
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 8 November 2023, unless an application to extend the currency period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
All necessary approvals from external service providers (e.g. Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
A condition report including photographs of the frontage of the site must be completed and submitted to Council prior to the prestart meeting.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
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:
Civil engineering works;
Rehabilitation works;
Erosion and sediment control works; and
Other relevant parties.
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
Appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD);
Provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased;
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures.
Any changes to the details associated with the Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
Retention of Existing Trees and Vegetation
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.
Vegetation areas for protection must:
Be protected in accordance with the approved Vegetation Management and Rehabilitation Plan rev B.
Have no construction material, equipment or personnel entering the vegetation protection covenant area except to undertake approved rehabilitation activities.
Be protected from any damage except approved controlled burns and/or Council approved vegetation removal for the protection of persons or property.
*(Refer to Advisory Note)
DURING CONSTRUCTION
Engineering
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice;
The relevant conditions of the higher order Reconfiguration of Lot approval viz. RAL21/0003  to which this approval relates;
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines; and
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.
Works within Road Reserve/Reinstatement
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
All frontage works must match neatly with existing road and verge features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge profiles.
Electrical conduits or other services proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Site Access and Driveways
Driveway crossovers must be constructed in accordance with council’s Standard Drawing RS-056.
The following must be complied with during the construction of the required crossover/driveway:
The crossover surfacing must consist of either an approved hot mixed asphaltic concrete or a 2 coat bituminous spray seal;
The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties; and
The property access must be located a minimum of 1m clear of existing power poles, streetlights or other signage. The developer is responsible for any necessary relocation of existing services to provide this clearance and must contact the relevant service authorities and comply with their requirements in relation to these works.
Earthworks and Retaining Walls
All earthworks 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.
Retaining walls exceeding 1.0m in height must be certified by a Registered Professional Engineer of Queensland.
Slope and batters are a maximum grade of:
1 in 6 where in proximity to waterbodies
1 in 4 for grassed areas.
1 in 3 for planted areas
1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (e.g. by blocking or interfering with natural overland flows).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
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.
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 Principal Contractor who is responsible for ensuring that the sediment and erosion control measures have:
Been revised to address predicted rainfall events, and
Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be found inefficient.
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).
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.
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.
Prior to the completion of the development and commencement of use, 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.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
Where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
Where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Works within Protected Land
Fencing for wildlife safety must be:
In accordance with the approved Vegetation Management and Rehabilitation Plan rev B;
1.2m high, 3 strand plain wire (no barbed wire) and bottom strand no less than 300mm off the ground to allow for movement of native fauna and to exclude domestic animals, installed as per approved Vegetation Management and Rehabilitation Plan rev B. Plan RP05;
Five strand barbed wire fencing to remain as per approved Vegetation Management and Rehabilitation Plan rev B. Plan RP05;
Hinge joint fence with two 3m gates and include a minimum of 300mm ground clearance to allow for movement of native fauna and to exclude domestic animals as per approved Vegetation Management and Rehabilitation Plan Rev B; and
Constructed prior to commencement of any other development works.
Provision of durable, weather resistant and visually complementary to the natural environment, A5 signage with the wording ‘Vegetation Protection Covent – No domestic animals’ every 15m along the covenant boundaries for viewing by future owners and surrounding landowners.
Plant Pest Management
A qualified person* must manage plant pest (weeds):
In accordance with the approved Vegetation Management and Rehabilitation Plan rev B;
Ensure plants listed as Class 1 and 2 declared pests within Council’s Pest Management Plan are controlled and prevented from spreading; and
Oversee management techniques to minimise regrowth, prevent damage to non-target species, retain conservation values and maintain site stability.
*(Refer to Advisory Note)
Rehabilitation of Vegetation Protection Covenant
OPW CLEARING OF VEGETATION (only)
Rehabilitation works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice and approved Vegetation Management and Rehabilitation Plan rev B.
*(Refer to Advisory Note)
Rehabilitation must meet the performance criteria and completion of works as per the approved Vegetation Management and Rehabilitation Plan rev B.
Bushfire Management
A qualified person* must be engaged for the duration of the works to ensure:
The asset protection zones and the fire management access paths are established for both the new and existing building envelopes;
Covenant area boundaries are clearly delineated on the ground with non-perishable and fire resistant markers at all covenant bends (20m intervals along the covenant boundary).
Rehabilitation of the Vegetation Protection Covenant area include:
Weed removal.
Site and soil preparation.
Revegetation planting establishment including mulching, with fire retardant species appropriate for Regional Ecosystem and site conditions.
Minimum planting density for groundcover (0.5m to 1m centres), shrub and tree species (1.5m to 2m centres).
*(Refer to Advisory Note)
FOLLOWING CONSTRUCTION / PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY
Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
Upon completion of the vegetation protection and rehabilitation works, a certificate must be issued by a suitably qualified person* certifying that the works have been undertaken in accordance with the Operational Works permit and the approved Vegetation Management and Rehabilitation Plan rev B.
*(Refer to Advisory Note)
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
General Advisory Notes
As this driveway is a private structure, the owner bears full responsibly for the standard of its construction, maintenance and any liabilities associated with its construction. It is recommended that professional advice be sought for the construction of the driveway to ensure that the driveway is constructed in accordance with standard drawings RS-056 and associated addendums.
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.
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.
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
Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5 business days’ notice of preferred inspection time.
If Council officers are required to undertake additional inspections of the same works, a reinspection fee will be applicable in accordance with Council’s Fees and Charges register applicable at the time.
A minimum maintenance period of 12 months will apply to all municipal works and thereafter until such time as the works are performing in accordance with the approved design unless noted otherwise
Environmental Advisory Notes
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
Accepted best practice standards include International Erosion Control Association Australasia Best Practice Erosion and Sediment Control
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).
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the plan sealing inspection:
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
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 (i.e. until house construction has occurred on all lots), Council Officers may take the following matters into consideration 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;
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.
Retention of Existing Trees
The existing trees on adjoining properties must be retained and protected during construction wherever achievable. To avoid doubt, this advisory note is not intended to exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following construction of the development which is the subject of this development approval.
Removal of Existing Trees and Vegetation
Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as well as optimum weed seed sterilisation.
Qualified Person
Qualified Person, for the purpose of:
Undertaking rehabilitation construction and establishment works is considered to be a person with five years current experience in revegetation and regeneration.
Preparing certification and managing declared plant pests, is considered to be:
A landscape architect with a minimum of 3 years current experience in the field of pest plant management;
A botanist or ecologist with a minimum of 3 years current experience in the field of pest plant management;
An environmental consultant with a minimum of 3 years current experience in the field of pest plant management.
Preparing a safety risk assessment, is considered to be a risk assessor holding a diploma in Risk Management qualification along with a minimum of three years current experience in preparing risk assessments and management plans.
Supervising and certifying Bushfire Management is considered to be an Ecologist with suitable experience or a person with Fire Protection Association Australia – Bushfire Planning and Design certification.
Landscape Works
The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges Register where:
An inspection revealed that any constructed rehabilitation/landscape works do not comply with the conditions of the Decision Notice, Approved Plans and or Approved Documents
Certification is submitted to Council falsely stating that works comply with the approved plans, documents and or conditions of the Decision Notice.
property notes
The following property notes, or similar, will be placed against the subject property in Council’s property record system:
Vegetation Protection Covenant
The lot purchaser is advised that a Statutory Covenant is registered over Lots 1 and 2 for the purpose of vegetation conservation to protect native fauna and flora. The lot owner or any potential purchaser should familiarise themselves with the requirements of the covenant and ensure all requirements have been met prior to purchase or resale of the land.
Bushfire Management
Buildings constructed as a result of the development approval must be wholly located within the nominated building envelope shown on the approved reconfiguration plan and constructed to meet the recommendations against AS 3959, Construction of buildings in bushfire prone areas.
The owner is advised to access the ‘Bushfire Awareness Package’ and the Bushfire Prepared Communities brochure or latest equivalent prepared by the Queensland Fire and Rescue Service (available online at www.fire.qld.gov.au).
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Laurie Schreck
Development Engineer

Enc:	Appeal Rights
Approved Plans/Documents

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

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

[word/footer1.xml]
Page 10 of 11

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 11

[Attachment: image3.png (image text)]
ee) NOOSA COUNCIL