Delegated Report - Code - Planning MCU22 0104

Author	Development Planner, Georgina Schramm
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0104 & OPW22/0161
Applicant	Mahadevan-Wilson & Ramana DS Trust
Proposal	Material Change of Use - Dual occupancy
Properly Made Date	14 June 2022
Information Request Date	12 July 2022
Information Response Date	8 September 2022
Decision Due Date	17 October 2022
Report Completed Date	12 October 2022
Report Reviewed By	Nadine Gorton 27.10.2022

PROPERTY DETAILS
Property Address	23 Coral Tree Ave Noosa Heads Qld 4567
RP Description	Lot 17 RP 90014
Land Area	607m²
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not Applicable
Local Plan Area	Noosa Heads Local Plan
Overlays	Nil
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dual occupancy, and Operational Works – Landscaping, Stormwater, Earthworks, Access and Driveway.
The proposed development comprises of two units which are accessible from a common driveway, which runs parallel to the northern side boundary. Both units are 2 storey, contain 2 bedroom dwellings with double car garages and are symmetrical in design when viewed from the internal driveway.
Each unit will have a swimming pool with each  pool located along the southern boundary, and setback 2 metres from the front boundary. Both swimming pools are less than 1 metre above ground level.
The applicant seeks siting variations for the front and rear boundary setbacks.
The proposed front boundary setback is 5.5 metres in lieu of 6 metres relating to the roof of the outdoor entertaining area.
The proposed rear boundary setback is 3.5 metres in lieu of 6 metres. The rear boundary encroachments relates to the outdoor entertaining area, and upper level eave.
Each unit has a 3,000 litre water tank dedicated for non-potable purposes located under driveway manoeuvring areas.
Each unit has a ‘services room’ which relates to exhaust from kitchen appliances, air conditioning units etc. The ceiling height is reduced to 1.5 metres and is not a habitable room, this area avails the ability to screen the services without encroaching in areas of open space, see Figure 10.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site PlanFigure 3 – Floor Plan
Figure 4 – First Floor Plan

Figure 5 – West South Elevations

Figure 6 – East / North Elevation
Figure 7 – Boundary Fence Section

Figure 8 – Proposed Earthworks Plan
Figure 9 – Streetscape Analysis provided by applicant

Figure 10 – Services Area Detail
site details
Background
A pre-lodgement meeting (Council Ref. PLM22/0003) was carried out earlier in the year for the purpose of a single dwelling house, in excess of site cover provisions. Following feedback from Council in regard to site cover provisions the subject development application was lodged for the purpose of a Dual occupancy.
The subject site has been rezoned Medium Density where previously Low Density Residential in the Noosa Plan 2006.
Site Description
The subject site has 15 metres of frontage to Coral Tree Avenue. The site is 606 square metres in size with the land falling to the road.
Surrounding Land Uses
The surrounding area predominately consists of single dwelling houses, with the exception of the unit development adjoining the premises to the north of the site.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020 (25 September 2020).
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Medium Density Residential Zone Code;
Noosa Heads Local Plan Code;
Dual Occupancy and Multiple Dwelling Use Code;
Works Codes.
The subject site is located in Noosa Heads 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
Land Area		607m2	
Building height storeys metres	2 storeys max 8 metres	2 storeys 7.5 metres	
Site cover	40% max	38.4%	
Plot ratio	242.8m² max 0.40:1 max.	241.3 m² 0.39.7:1	
Boundary setbacks Frontage Side Side Rear	6 metres min 1.5/2.0/2.5 metres min 1.5/2.0/2.5 metres min 6 metres min	5.5 metres 1.5/2.0/2.5 m 1.5/2.0/2.5 m 3.5 metres	X X
Length of wall	15 metres max	13.5 metres	
Landscaped open space Soft landscaping	242.8 m² min (40%) 145.68 min 60% of total	~220 m² >145m²	X
Private Open Space	25m² min	>25m²	
Carparking	2 covered min 1 uncovered min	4 covered 1 uncovered	
Non-Potable Water	Min 3,000 litres/unit	2 tanks 3k L	
Setbacks
Front Setback
AO12.1 Buildings and structures meet the following minimum boundary setbacks:
for frontages — 6 metres
for side boundaries—
1.5 metres setback up to 4.5 metres height;
2 metres setback between 4.5 metres and 7.5 metres height; and
2.5 metres where above 7.5 metres height
for the rear boundary - 6 metres
AO12.2 The front 6 metres of the property is landscaped open space, provided that uncovered visitor parking, or swimming pools protruding no more than 1 metre above the ground level, can be as close as 2 metres from the front boundary.
PO12 Buildings and structures are designed and sited to:
provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual and acoustic privacy;
not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises;
provide adequate distance from adjoining land uses;
preserve existing vegetation that will help buffer development;
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;
be consistent with the predominant character of the surrounding area; and
protect the natural character and avoid adverse impacts on ecologically important areas such as national parks, waterways and wetlands.
The applicant seeks a front boundary setback of 5.5 metres to the front boundary in lieu of 6 metres. The area of encroachment relates to 0.5 of a metre of the alfresco area of Unit 1 for a distance of 2.5 metres. The non-compliance is central to the building and will not impact on adjoining premises visual or acoustic privacy.
Upon site inspection and review of the streetscape setback analysis provided by the applicant, there are several siting relaxations within close proximity to the subject site on both roadsides, see Figure 9. The proposed boundary relaxation will not form a dominant feature of the streetscape in consideration of the proposed finishes and trees species, and the setback is consistent with the character of the street and surrounding area. The development fulfills the Performance outcome.
Setback
A rear boundary setback of 3.5 metres is proposed, not in compliance with AO12.1(c) of the Medium Density Residential Zone Code.
The boundary relaxation relates to the outdoor area and upper level eaves of Unit 2, relating to roof only. The rear of the site is subject to earthworks with approximately a metre of cut proposed. The area of land between the retaining wall and the rear boundary fence is proposed to be landscaped and as a  consequence the appearance of the structure from adjoining side boundary and any future development of the vacant property along the rear will be softened. The proposed siting of the alfresco area is not considered to compromise the amenity or privacy of adjoining premises.
The development is considered to comply with  Performance outcome PO12.
The applicant has not confirmed the siting of the pool equipment within the side/rear boundary setbacks, and a condition has been imposed to ensure compliance with  Acceptable outcome AO21.3 relating to setbacks and landscaping for equipment . It is likely that the siting of equipment such as a pool pump will be located within the 2 metres boundary setback and, a condition will be imposed that should the siting of the equipment not be setback 2 meters the equipment is to be baffled.
Side Boundary Fence Height
The applicant is seeking to undertake cut and fill across the site and are constructing retaining walls in response to the finished ground level. The fencing height provided on the architectural plans do not correlate with the earthworks plans. To ensure that the side boundary fence height does not exceed 2 metres and place adverse impacts on adjoining landholders a condition will be imposed that the fence height is not to present a height greater than 2 metres from adjoining premises.
Street Trees
Council’s Senior Environmental Officer, and Council’s Development Engineer, have discussed replanting of street in the road reserve. Consequence of the extent of underground infrastructure in the road reserve and sight lines, trees have not been conditioned to be provided.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Development Engineer
The submitted documentation did not include sufficient information for Engineering to assess the proposed development (sustainable building design, sight distances, vehicle manoeuvring, and lawful point of discharge). The applicant engaged Ingeniir Consulting to address Council’s concerns. Ingeniir conducted an assessment and concluded that the proposed development complies with all relevant sight distance, vehicle manoeuvring and sustainable building requirements. Ingeniir indicated that the existing water meter is to be upgraded to a trafficable lid and that the proposed development is not considered to create a worsening of flows. Engineering believes relevant compliances can be achieved and recommends the following conditions be included.
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 MCU22/0104 & OPW22/0161 for a Material Change of Use - Dual occupancy, and Operational Works for Landscaping, Stormwater, Earthworks, Access and Driveway situated at 23 Coral Tree Ave Noosa Heads Qld 4567 and described as Lot 17 RP 90014, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0104 & OPW22/0161
Street address:	23 Coral Tree Ave Noosa Heads Qld 4567
Real property description:	Lot 17 RP 90014
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dual occupancy
Development Permit for Operational Works – Landscaping, Stormwater, Earthworks, Access and Driveway
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
MATERIAL CHANGE OF USE
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
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
21-054-02A	-	Site Plan – Proposed, prepared by Icon Building Design	18 August 2022
21-054-03A	-	Ground Floor Plan, prepared by Icon Building Design (annotated by Council)	18 August 2022
21-054-04A	-	First Floor Plan, prepared by Icon Building Design	18 August 2022
21-054-05	-	Elevations, prepared by Icon Building Design (annotated by Council)	18 August 2022
21-054-06	-	Elevations, prepared by Icon Building Design (annotated by Council)	18 August 2022
21-054-07	-	Sections, prepared by Icon Building Design	18 August 2022
21-054-08	-	Boundary Fence Detail, prepared by Icon Building Design	18 August 2022
Currency Period
This development approval lapses if the use has not happened by 27 October 2028, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to pre-start meeting. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
not exceed a maximum height of 1.2m, or
contain openings or materials that ensure it is 50% transparent and has a height not exceeding 1.8 metres from both finished and natural ground.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
The maximum allowable cumulative height of fencing and retaining walls along all boundaries (excluding the front fence) are not to present to the neighbouring property a height greater than 2 metres.
Landscaping Works
All landscape works must be to be carried out in accordance with the approved Landscaping Plans by prepared by Bird Landscape Design, dated 19 May 2022.
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.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Protection of Privacy
Should the mechanical plant (i.e. pool equipment) be located within the 2 metre side/rear boundary setbacks it is to be is to be visually integrated into the line/plane of the building, screened and baffled to ensure that there are no amenity impact to neighbouring premises.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
Site Access and Driveways
A sealed access driveway must be provided from Coral Tree Avenue to all parking and manoeuvring areas of the development. The works must be generally in accordance with Ingeniir’s drawing 221304 – C05, Revision 2, dated 26 August 2022.
Car Parking
The works for the uncovered visitor car parking space must be:
marked for that purpose and accessible at all times for visitor use
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities.
Stormwater Drainage
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 Ingeniir’s drawing 221304 – C05, Revision 2, dated 26 August 2022.
Earthworks and Retaining Walls
All fill and associated batters must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
OPERATIONAL WORKS
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
221304 – C04	2	Proposed Site Layout Prepared by Ingenirr	26 August 2022
221304 – C05	2	Proposed Stormwater and Site Level Layout Prepared by Ingenirr	26 August 2022
221304 – C06	2	Proposed Earthworks Plan Prepared by Ingenirr	26 August 2022
221304 – C07	2	North Section Prepared by Ingenirr	26 August 2022
2234 (Sheet 1/5)	B	Landscape Operational Works Package, prepared by Bird Landscape Design	27 August 2022
2234 (Sheet 2/5)	B	Finishes and Planting Schedules, prepared by Bird Landscape Design	27 August 2022
2334 (Sheet 3/5)	B	Landscape Operational Works Package, prepared by Bird Landscape Design	27 August 2022
2234 (Sheet 4/5)	B	Planting Plan – Ground Floor, prepared by Bird Landscape Design	27 August 2022
2234 (Sheet 5/5)	B	Planting Plan – First Plan, prepared by Bird Landscape Design	27 August 2022
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 at the prestart meeting / prior to any works commencing.
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;
Landscape works;
Other relevant parties
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
Maintenance of safe vehicle and pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Proposed fencing to the site during the construction phase of the development
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 supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
Engineering
The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice
The relevant conditions of the higher order Material Change of Use approval viz. MCU22/0104 to which this approval relates
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site
Works within Road Reserve/Reinstatement
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.
All frontage works must match neatly with existing road and verge/footpath features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Electrical conduits or other services proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Site Access and Driveways
Driveway crossovers must be constructed in accordance with council’s Standard Drawings RS-049, RS-050 and any associated addendum.
Any existing unnecessary or redundant property accesses must be removed, and the kerb, footpath and verge area reinstated to match the existing footpath and/or verge treatments. Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed or turf, and must be maintained by the developer until established.
The following must be complied with during the construction of the required crossover/driveway:
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete.
The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties
Underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway
Where there is an existing pedestrian path, a matching crossfall must be provided for the driveway on the alignment of the path, for the full width of the path
The property access must be located a minimum of 1m clear of existing power poles, streetlights or other signage. The developer is responsible for any necessary relocation of existing services to provide this clearance and must contact the relevant service authorities and comply with their requirements in relation to these works.
Earthworks and Retaining Walls
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development and generally in accordance with Ingeniir’s drawing 221304 – C06, Revision 2, dated 26 August 2022.
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.
Removal of Existing Trees and Vegetation
Removal of existing trees and vegetation must be undertaken by a qualified person* and must include:
Stump grinding to below finished surface level.
Rectification to the finished surface levels and materials.
No damage to other vegetation for retention.
Legal disposal of all removed vegetation and debris.
Replanting in accordance with the approved plans
*(Refer to Advisory Note)
Fauna Management
A qualified person* must be engaged to manage fauna prior and during clearing to:
Ensure works are carried out in accordance with the Nature Conservation Act 1992.
Undertake pre-clearing inspections including fauna relocation and removal or blocking of all vacant hollows.
Ensure clearing works avoids nesting times of animals and birds.
Co-ordinate staging and sequence of clearing with fauna protection.
Protect and recover fauna during clearing operations (not previously removed).
Manage the translocation of animals and recovery procedures in accordance with relevant legislation.
*(Refer to Advisory Note)
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 Supervising Engineer who is responsible for ensuring that the sediment and erosion control measures have:
Been duly designed by an RPEQ or CPESC and constructed in accordance with "best practise" methods,
Been revised by an RPEQ or CPESC to address the issues raised by changes in the projected construction schedule and/or methods,
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 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.
FOLLOWING CONSTRUCTION
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.
A final inspection and approval of the new driveway and completed reinstatement works by Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the inspection.
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:
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Qualified Person, for the purpose of:
Supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three years current experience in the field of landscape design.
Undertaking landscape construction and establishment works is considered to be a person with five years current experience in commercial landscape construction projects.
Undertaking rehabilitation construction and establishment works is considered to be a person with five years current experience in revegetation and regeneration.
Undertaking, supervising tree works and preparing arboriculture certification, is considered to be a person with a minimum three years current experience in tree protection, hazard identification/mitigation and Specifying Trees – a guide to assessment of tree quality (NATSPEC) assessment and either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
Managing Fauna protection is considered to be an Ecologist or Environmental Scientist with a minimum of three years current experience in the field of fauna assessment and management.
Managing Fauna protection, preparing Fauna reporting and certification and calculating compensatory habitat, is considered to be an Ecologist or Environmental Scientist with a minimum of three years current experience in the field of fauna assessment and management.
Undertaking Fauna site works and calculating compensatory habitat is considered to be a Fauna Spotter Catcher with current certification under the Queensland Parks and Wildlife Service.
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-049, RS-050 and RS-056.
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.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
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.

[word/footer1.xml]
Page 4 of 6

[word/header1.xml]
3

[word/header2.xml]
DEVELOPMENT ASSESSMENT DELEGATED REPORT

[Attachment: image1.png (image text)]
 
    
     
  

 

Be eco eal
ae ee,

23
47RP90014
"

48RP90014

    

2

  


[Attachment: image10.png (image text)]
will be occupied withthe 1500 x 1500 x
800
ducted airconditioning unit blowing air

into the living spaces and ducting
from below we can use the space for
ceshaust from kitchen applences,
Agoess hatch for maintenance

will be provided,

 


[Attachment: image2.png (image text)]
 

 

 

 

 

 

 

 

 

 

 

anNaAV
g3u1 1VYOO

 

 


[Attachment: image3.tmp (image text)]
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 
 

 

‘047 re

Soe

 

 

 

—=

 

 

 

 

 

 

 

co 17 2056
‘aaa 3a

 

 

GROUND FLOOR PLAN

 


[Attachment: image4.tmp (image text)]
Paddy
23 Tree Avenue, Noosa Heads Floor
FIRST FLOOR PLAN

[Attachment: image5.tmp (image text)]
i
WEST ELEVATION
4
ea
=
Az
ELEVATION
Paddy
Tree Avenue, Noosa Heads

[Attachment: image6.tmp (image text)]
EAST ELEVATION
i
=
| |
—
NORTH ELEVATION
co 17
2056
ICON
Avenue, Noosa Heads Elevations
Paddy

[Attachment: image7.tmp (image text)]
 

 

 

 

 

erat sass nega,
sot ccs

BOUNDARY FENCE SECTION

 

 

 

No. 23 Coral Tree Avenue, Noosa Heads. Boundary Fence Detail co 17 2056
Paddy Gulford ‘ouraz ‘aaa 8

 

 

 

 


[Attachment: image8.tmp (image text)]
 

 

we 221304

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PROPOSED EARTHWORKS PLAN

SCALE T:150 @ AB