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Amended Referral Agency Response RAP22 0012 [As Published]
Officer: Nadine Gorton
Direct Telephone: 07 5329 6215
Our Reference: RAP22/0012
Your Reference: n/a
14 November 2023
RL Jackson
C/- Adamson Town Planning Pty Ltd
PO Box 894
COOROY QLD 4563
[email protected]
Dear Sir/Madam,
Amended Referral Agency Response
Planning Act 2016
I refer to your recent request seeking changes to Council’s Referral Agency response and advise
that Council decided your requested amendments on 3 October 2023.
Details of the amended referral agency response are as follows:
1. APPLICATION DETAILS
Application No: RAP22/0012
Street address: 320 David Low Way, Peregian Beach
Real property description: Lot 219 P 93111
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. TYPE OF DEVELOPMENT
The application seeks the following type of development approval:
• Concurrence Agency Response for Dwelling House
3. REFERRAL AGENCY DECISION DETAILS
In relation to the request, Council decided to approve the requested amendments. Details of these
amendments are as follows:
A. The representations be agreed to; and
B. Agree to amend condition 13.
4. REFERRAL AGENCY CONDITIONS
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Approved Plans
2. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
050.00- 050.05 I 3D Views prepared by Shaun Lockyer 25 Aug 2022
Architects Pty Ltd
100.00 I Site Plan prepared by Shaun Lockyer Architects 25 Aug 2022
Pty Ltd
200.00 K Floor Plans prepared by Shaun Lockyer 25 Aug 2022
Architects Pty Ltd
200.01 K Floor Plans prepared by Shaun Lockyer 25 Aug 2022
Architects Pty Ltd
200.02 K Floor Plans prepared by Shaun Lockyer 25 Aug 2022
Architects Pty Ltd
210.00 I Floor Plans prepared by Shaun Lockyer 25 Aug 2022
Architects Pty Ltd
300.00 G Elevations prepared by Shaun Lockyer 25 Aug 2022
Architects Pty Ltd
300.01 G Elevations prepared by Shaun Lockyer 25 Aug 2022
Architects Pty Ltd
300.02 G Elevations prepared by Shaun Lockyer 25 Aug 2022
Architects Pty Ltd
300.03 G Elevations prepared by Shaun Lockyer 25 Aug 2022
Architects Pty Ltd
310.00 D Boundary elevations prepared by Shaun 25 Aug 2022
Lockyer Architects Pty Ltd
310.02 D Boundary elevations prepared by Shaun 25 Aug 2022
Lockyer Architects Pty Ltd
400.00 D Building section prepared by Shaun Lockyer 25 Aug 2022
Architects Pty Ltd
400.01 G Building section prepared by Shaun Lockyer 25 Aug 2022
Architects Pty Ltd
400.02 G Building section prepared by Shaun Lockyer 25 Aug 2022
Architects Pty Ltd
400.03 G Building section prepared by Shaun Lockyer 25 Aug 2022
Architects Pty Ltd
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400.04 G Building section prepared by Shaun Lockyer 25 Aug 2022
Architects Pty Ltd
Building Height
3. The maximum height of the development must not exceed 8m apart from a small section of
roof in the north east corner which may be 8.2m above the finished ground level and the
natural ground surface.
4. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
building does not exceed the maximum heigh requirements of this Decision Notice.
Privacy Screens to Rooftop Terrace
5. Privacy screens a minimum of 1.8m high must be installed along the level 2 rooftop terrace
northern and southern sides to the full extent to prevent opportunities for overlooking of
neighbouring properties.
Landscaping
6. A minimum of 20% of the site must be retained as soft landscaping.
7. The rooftop planters as depicted on Drawing No. 050.01 Revision I prepared by Shaun
Lockyer Architects Pty Ltd and dated 25 August 2022 must be planted with vegetation that
will overhang the façade to assist in visually breaking up the parapet.
8. 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.
9. All trees and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.
10. Existing trees on the site must be retained, except where required to be removed to
accommodate the approved dwelling.
11. Fauna or fauna habitat relating to minor approved tree removal works must be managed by
a qualified person*.
*(Refer to Advisory Note)
12. All tree and vegetation removal works must be undertaken by a qualified person*.
*(Refer to Advisory Note)
13. Existing vegetation in the road reserve must be retained and is not permitted to be removed,
except in accordance with an approved Construction Management Plan and Operational
Works approval to provide a temporary hoarding area for the storage of materials and
equipment during construction of the approved dwelling house. The disturbed/cleared area
must be rehabilitated in accordance with an approved Rehabilitation Plan to the reasonable
satisfaction of the Manager Development Assessment prior to commencement of the use.
Site Access and Driveways
14. A sealed access driveway must be provided from David Low Way to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval and must be generally in accordance with Westera Partners’
Civil Works Plan (S21-110-C02, Revision D) and Typical Details (S21-110-C03, Revision B)
dated 22 August 2022.
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Stormwater Drainage
15. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge without causing scour or damage to the subject site or any adjoining properties.
The works must be undertaken in general accordance with Westera Partners’ Civil Works
Plan (S21-110-C02, Revision D) dated 22 August 2022.
Geotechnical Stability
16. A site-specific geotechnical investigation must be prepared by a qualified person* and
submitted to Council for records purposes prior to the issue of any Development Permit for
Operational Works or Building Works. The site-specific investigation report must identify the
building foundation requirements and stability considerations necessary for the future
dwelling (and it’s associated ancillary structures) to maintain the stability of the dwelling and
associated structures for the long term.
17. The development works must not adversely impact on the stability of adjoining lands and/or
buildings and/or services.
18. A dilapidation survey must be carried out of all adjacent properties and structures before the
commencement of construction of the proposed development on the site
19. At the completion of the works certification must be submitted to Council from a qualified
person* which certifies that the development has been constructed in accordance with the
recommendations contained in the site-specific geotechnical investigation and that the
development has a minimum factor of safety against landslip of 1.5 in the long term.
* (Refer to advisory Note).
Earthworks and Retaining Walls
20. All earthworks and associated retaining structures/batters, both above and below ground,
both temporary and permanent, 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 and be generally
in accordance with Westera Partners’ Civil Works Plan (S21-110-C02, Revision D) dated 22
August 2022 and the conditions of this Decision Notice.
21. Where the development involves excavation or filling over, or adjacent to, drainage, water
supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
provide a freeboard of 100mm above the finished ground surface level.
22. 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
23. 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
a. 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.
Sunset Clause for Referral Agency Response
24. This Concurrence Agency response is no longer valid if the use has not commenced within
4 years of the date of this notice, unless otherwise extended in writing by Council.
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5. REASONS FOR INCLUSION OF CONDITIONS
The proposal is subject to specific built form parameters outlined in The Noosa Plan.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the referral agency 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 the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Co-ordination of Operational Works Assessment
3. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Qualified Person
4. For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability
for the development, a qualified person is considered to be a person who:
a. is a Registered Professional Engineer of Queensland (RPEQ); and
b. has a degree in civil engineering or engineering geology; and
c. has a minimum of 5 years’ experience in the field of geotechnical engineering or
engineering geology.
5. Qualified Person, for the purpose of:
a. 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.
b. 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:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture.
c. Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
Yours faithfully,
Nadine Gorton
Acting Coordinator Planning
Enc: Approved Plans/Documents
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