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SUPERSEDED - Amended Decision Notice - DBW230027 & OPW23 0050 [As Published]
Officer: Tara Norley
Direct Telephone: 07 5329 6414
Our Reference: DBW23/0027
OPW23/0050
Your Reference: 631
25 January 2024
P Puljich
C/- Innovative Planning Solutions Pty Ltd
PO Box 1043
MAROOCHYDORE QLD 4558
[email protected]
Dear Sir/Madam,
Amended Decision Notice
Planning Act 2016
I refer to your application and advise that on 12 January 2024, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: DBW23/0027 & OPW23/0050
Street address: 50 Noosa Parade, Noosa Heads
Real property description: Lot 22 N 21844
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Building Works Assessable Against the Planning Scheme – Dwelling
House
• Development Permit for Operational Works (Drainage, Stormwater & Earthworks)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
DBW23/0027 - DEVELOPMENT PERMIT FOR BUILDING WORKS ASSESSABLE AGAINST
THE PLANNING SCHEME – DWELLING HOUSE
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use of the building commencing, and then compliance maintained at all times while the
use continues.
Currency Period
2. This development approval lapses if the works have not substantially started by 12 January
2026, unless an application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below.
Plan No. Rev. Plan/Document Name Date
BP1373/SK/3.01 D Site plan prepared by Jared Poole Design 13.09.23
BP1373/SK/3.02 D Basement floor plan prepared by Jared Pool 13.09.23
Design
BP1373/SK/3.03 D Ground Floor Plan prepared by Jared Pool 13.09.23
Design
BP1373/SK/3.04 D First Floor Plan prepared by Jared Pool Design 13.09.23
BP1373/SK/3.05 D Roof Plan prepared by Jared Pool Design 13.09.23
BP1373/SK/3.06 D Elevation 1 prepared by Jared Pool Design 13.09.23
BP1373/SK/3.07 D Elevation 2 prepared by Jared Pool Design 13.09.23
BP1373/SK/3.08 D Elevation 3 prepared by Jared Pool Design 13.09.23
BP1373/SK/3.09 D Elevation 4 prepared by Jared Pool Design 13.09.23
BP1373/SK/3.10 D Section A prepared by Jared Pool Design 13.09.23
BP1373/SK/3.11 D Section B prepared by Jared Pool Design 13.09.23
BP1373/SK/3.12 D Section C prepared by Jared Pool Design 13.09.23
Building Height
4. The maximum height of the development must not exceed 8.3 metres above the ground level
including where excavation is undertaken the exposed portion of the external façade of the
building.
5. The ground level must be reinstated around the basement level to ensure no part of which is
more than 1 metre above ground level, apart from the driveway entrance.
6. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the building does not exceed the maximum height requirement of this Decision
Notice.
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Nature and Extent of Approved Development
7. The total site cover of the development must not exceed 44.4% at ground level and 38.6%
at first floor, or an average of 41.5% over both levels, as depicted on the Approved Plans.
Performance Bond
8. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be
submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Building Works. The cash bond or trading bank guarantee
will be returned on performance of the conditions of approval less any costs incurred by
Council in respect of enforcing performance of this permit. Council reserves the right to call
upon the bond or guaranteed sum to effect compliance with conditions.
Lighting Amenity
9. No flood lighting must be used on site. Any vertical illumination resulting from direct, reflected
or other incidental external lighting emanating from the site must not exceed 8 lux when
measured at any point 1.5 metres outside the boundary and at any level from ground level
upward.
Environment
10. Sediment or any other material including building materials or waste products must not be
deposited or released into the road reserve, stormwater drain or adjacent properties
Landscaping
11. A minimum of 20% of the site must be retained as soft landscaping.
12. Screening vegetation must be planted for the full length of the east and west boundaries in
accordance with Council’s Planning Scheme Policy PSP2 - Landscaping. The planted
vegetation must consist of native trees shrubs and groundcovers.
13. Screening landscape along the east and west boundaries must incorporate, as a minimum,
small trees (min 25litre pot size) at 5 metre centres to soften the built form from neighbouring
properties. Species suggestions include, Syzygium australe, Tristaniopsis laurina,
Acronychia imperforate.
14. One 45 litre street tree must be provided in the road reserve. The tree must be a coastal
species in accordance with PSP2 – Landscaping.
15. All landscape works must be established and maintained 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.
Site Access and Driveways
16. A sealed access driveway must be provided from Noosa Parade to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
the conditions of this approval, Walsh Consulting Engineers’ Roadworks and Basement
Layout Plan (R01, Rev. C) and must include in particular:
a. a driveway crossover generally in accordance with Council’s standard drawings RS-
049 & RS-050;
b. a driveway crossover constructed with Holcim Product Code QS32XDIA; and
c. a minimum driveway crest level of RL 2.400m AHD.
(*Refer to Advisory Notes)
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Stormwater Drainage
17. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with the conditions of this approval,
be generally in accordance with Walsh Consulting Engineers’ Stormwater Drainage Layout
Plan (D01, Rev. C). Disposal of stormwater must be undertaken without the use of
mechanical systems (pumps).
Linemarking
18. The two existing on-street carparks identified for removal must be relocated in accordance
with the conditions of this approval, Council’s Planning Scheme Policy 6 and Walsh
Consulting Engineers’ Roadworks and Basement Layout Plan (R01, Rev. C).
Easements
19. 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.
20. 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.
21. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
22. All works must be carried out in accordance with the recommendations contained in
Tectonic’s Geotechnical Investigation & Acid Sulfate Soil Management Plan (22500, Rev. 0)
dated 2 February 2023.
Earthworks and Retaining Walls
23. All earthworks and associated retaining structures/batters, both above and below ground
level, both temporary and permanent, must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council. The works
must be undertaken in accordance with the conditions of this approval and be generally in
accordance with Walsh Consulting Engineers’ Earthworks Layout Plan (E01, Rev. C).
24. Prior to Council attending a prestart meeting, a Dewatering Management Plan must be
submitted to, and accepted by Council. The Dewatering Management Plan must be prepared
by a suitably qualified person who is experienced in Acid Sulfate Soils Management. The
Management Plan must provide recommendations and guidance on all excavations and
dewatering works below the elevation of 5m AHD. All excavation and dewatering works must
be undertaken in a manner that will not cause environmental harm or damage to surrounding
infrastructure or property as a result of the developments interaction with actual or potential
Acid Sulphate Soils or groundwater.
25. All excavated material must be treated for acid sulfate soils generally in accordance with the
recommendations provided by Tectonic’s Geotechnical Investigation & Acid Sulfate Soil
Management Plan (22500, Rev. 0) dated 2 February 2023.
Treated material must undergo verification testing at the rate of one sample per 250 m3
throughout the duration of the excavation phase of the development. The verification testing
must be undertaken by a qualified person in accordance with the Queensland Acid Sulfate
Soil Technical Manual: Soil Management Guidelines v4.0, and the results must be submitted
to Council for appraisal when requested during construction and prior to commencement of
use and must demonstrate that the material has been adequately neutralised.
Certification of the verification results for compliance with this condition must be provided by
a suitably qualified Geotechnical Engineer prior to the issuing of the certificate of
classification for the dwelling.
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26. 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
27. 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.
OPW23/0050 - DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (DRAINAGE,
STORMWATER & EARTHWORKS)
Approved Plans
28. 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
E01 C Earthworks Layout Plan, Prepared by Walsh 27 September 2023
Consulting Engineers
E02 C Earthworks Sections Plan, Prepared by Walsh 27 September 2023
Consulting Engineers
R01 C Roadworks and Basement Layout Plan, 27 September 2023
Prepared by Walsh Consulting Engineers
R02 C Driveway Setout, Jointing and Details Plan, 27 September 2023
Prepared by Walsh Consulting Engineers
D01 C Stormwater Drainage Layout Plan, Prepared 27 September 2023
by Walsh Consulting Engineers
Currency Period
29. The Currency Period for this development approval lapses if the development has not
substantially started by 12 January 2026, unless an application to extend the currency period
is approved by Council.
Site Specific Conditions
30. Prior to Council attending a pre-start meeting, the applicant is to provide to Council the
location where excavated material is proposed to be transported for treatment of acid sulfate
soils, and for final placement as fill. The location for final placement as fill is to have a lawful
entitlement for the placement of the fill, with details to be provided to Council.
Bonds
31. A site control and/or compliance bond of $10,000 is to be submitted to Council prior to the
pre-start meeting. The pre-start meeting will only be held once Council's Construction
Engineering Officer has confirmation that the bond monies have been received by Council.
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The bond will be refunded less any costs incurred by Council in ensuring compliance with
these conditions or any additional inspections incurred for substandard work or work
undertaken not in accordance with this permit.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
32. 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.
33. A condition report including photographs of the frontage of the site must be completed and
submitted to council at the prestart meeting.
34. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
35. 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; and
b. Landscape works.
36. A preliminary Construction Management Plan must be submitted prior to Council attending
a prestart meeting, give specific consideration to Australian School Holiday times, and must
address the following:
a. Traffic management during all phases of construction;
b. Suitable parking arrangements for workers during all phases of construction;
c. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
d. provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
37. 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.
38. 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
39. 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.
40. 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.
41. 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. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines; and
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c. 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
42. 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.
43. 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.
44. 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.
Roadworks
45. The installation and/or modification of any traffic signs, street signs, line marking and Raised
Reflective Pavement Markings (RRPMs) must be in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD). New or relocated signage must be installed using the VLok
installation system. All new signage must be Class 1 retroreflective material in accordance
with AS 1906.1, Retroreflective materials and devices for road traffic control purposes – Part
1: Retroreflective sheeting.
Pathways
46. All pathways must be constructed in accordance with the following requirements:
a. All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065.
b. All footpaths must be constructed with Holcim Product Code QS322FOX.
c. Provision must be made for disabled access at all kerb crossings associated with
pathways, in accordance with Council's current standards.
d. All paths must have a slip resistant surface.
e. Expansion and contraction joints must provide a flush finish. Installation of joints by
saw cutting is preferred to ensure a smooth ride for cyclists.
f. The required work includes any modifications to ensure the footpath finishes flush with
all existing service covers and the like, or alternatively these services are raised or
altered, so as not to create a pedestrian safety hazard.
(*Refer to Advisory Notes)
47. Pathways must:
a. terminate in a manner that ensures smooth transition to existing surfaces for public
safety.
b. be designed and constructed to comply with the Disability Discrimination Act (DDA),
Access to Premises Standard, Austroads and relevant sections of AS1428 Design for
access and mobility.
Site Access and Driveways
48. Driveway crossovers must be constructed in accordance with council’s Standard Drawings
RS-049 and RS-050.
49. 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.
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Unless written approval is obtained from Council prior to reinstatement works, all kerbs,
footpaths and verge areas are to be reinstated using the following materials:
a. Kerbs must be reinstated with Holcim Product Code QP3201KEL;
b. Footpaths must be reinstated with Holcim Product Code QS322FOX; and
c. Verge infills must be reinstated with Holcim Product Code QS322FOX.
(*Refer to Advisory Notes)
50. The following must be complied with during the construction of the required
crossover/driveway:
a. The driveway must be constructed using Holcim Product Code QS32XDIA unless
prior written approval is obtained from Council;
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. 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; and
e. 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.
(*Refer to Advisory Notes)
Earthworks and Retaining Walls
51. 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 Section 8 of the Standard, and to a minimum of ‘Level 2’ as
defined in Appendix B. Test results as required by AS 3798.
52. Fall protection must be provided to retaining walls that are over 1m high.
53. 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; and
d. 1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
54. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
55. 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).
56. 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
57. 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.
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58. 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.
59. 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 Notes)
60. 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.
61. 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.
62. 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
63. 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
Certification
64. 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.
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Bonds
65. Bonds must:
a. have approval of the bond calculations and amount from Council prior to lodgement;
b. be lodged with Council and accompanied by the Bond Administration Fee/s; and
c. be requested for release by writing to Council, when relevant approval requirements
have been met.
As Constructed Plans and ADAC XML Files (Council)
66. Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory
“As-Constructed” records must be submitted to Council. The “On Maintenance” package
must include “As Constructed” drawings endorsed by a qualified experienced Civil Engineer
(RPEQ) confirming design intent and conformance with applicable standard and
specifications, along with the relevant descriptions of assets, services and structures.
On Maintenance
67. All municipal works must be accepted ‘On Maintenance’ by Council in accordance with
Council’s relevant Planning Scheme Policy prior to Council accepting the works. To achieve
‘On Maintenance’, the supervising RPEQ must submit to Council:
a. certification that all works have been undertaken and completed in accordance with the
requirements of this Permit;
b. as Constructed details in accordance with Council’s Planning Scheme Policy; and
c. maintenance and operational manuals for all proprietary or site specific devices.
Off Maintenance
68. Prior to requesting an Off Maintenance inspection, the developer must provide a written
request for the Off Maintenance inspection.
69. A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged
where:
a. a Council inspection reveals works do not comply with approval requirements; and/or
b. submitted certification falsely states works comply with approval requirements.
70. 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.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Development Compliance Inspection
1. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection
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Resubmission of Amended Plans Required
2. The conditions of this Decision Notice require resubmission of plans to Council with
amendments. Please address the amended plan/s to Council’s Development Assessment
Branch with the Reference No. DBW23/0027, separate to any Operational Works application.
To avoid delays and assessment issues with the Operational Works application, it is
recommended the plan/s be resubmitted prior to lodgement of any Operational Works
application. However, should the plans not be submitted, the applicant is advised that a
Preliminary Approval may be issued in lieu of a Development Permit.
Infrastructure Charges
3. 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
Sustainability
4. Council encourages sustainable and energy efficient building design for all development,
including the use of sustainable building materials, energy efficient fittings, solar hot water,
photovoltaic systems (including the use of inverter/charges), solar panels, water saving
devices and rainwater harvesting.
Fires in Urban Areas
5. In urban areas fires are prohibited except where in an appliance is used for domestic heating
or cooking purposes, which must comply with particular standards. Any area identified as a
fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local
Law No. 3, Schedule 3. Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
Concrete Palette
6. Council must be immediately notified if any of the Holcim concrete products are unavailable.
If any of the Holcim concrete products are unavailable and prior to any concrete pour, a
suitable alternative must be proposed and agreed to by Council.
Building and Construction Industry (Portable Long Service Leave) Levy
7. 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.
8. 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 and
RS-050.
9. 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.
10. 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.
11. 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.
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Prestart, On and Off Maintenance Inspections Request
12. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
13. 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.
14. 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
15. 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
16. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
17. 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).
18. 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.
7. 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.
8. 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
Tara Norley
Senior Development Planner
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Enc: Appeal Rights
Approved Plans/Documents
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (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 –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (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
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of 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
(2) The notice of appeal must be accompanied by the required fee.
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