1443 - Final Signed Judgement · OPW20/0127

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1.

“ANNEXURE A”

APPLICATION DETAILS

Application No: RAL18/0009

Street address: 20 Mitti St Noosa Heads Qld 4567

Real property Lot 2 RP 173874

description:

Planning Scheme: The Noosa Plan (27 November 2017)
2. TYPE OF DEVELOPMENT

The application sought the following type of development approval:

3.

Development Permit to Reconfigure a Lot — 1 into 2 Residential lots
CONDITIONS OF APPROVAL Z

When Conditions must be Complied With

Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the plan sealing, and then compliance maintained at all times.

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 PianIDOcunTeNt Name Date
Option 2 Plan of Development 11/12/2019
Figure 1 SL Proposed Flood Hazard Mitigation Strategy 30/11/2018
Figure 2 SLR Proposed Driveway Fencing Solution Undated
Figure 3 SLR Proposed Driveway Flap Fencing Solution | Undated
SK1 1 | Barlow Shelley Walkway Plans and Details 9/8/2017

 

 

The development site must remain landscaped. Vegetation must not be removed except
in accordance with an Operational Works approval and the Noosa Plan, which will
include in particular planting of vegetation to visually soften any impacts upon residents
adjacent the site’s northern boundary arising from the required raising of the driveway
and installation of box culverts.

Site Access and Driveways

A sealed access driveway must be provided from the formation in Mitti Street to all
parking and manoeuvring areas of the development. The works must be undertaken in
accordance with an Operational Works approval and must include in particular:

a. The existing access driveway must be lifted from 13.60m AHD to a minimum
surface level of 13.80m AHD as illustrated on SLR drawing Proposed Flood
Hazard Mitigation Strategy, Figure 1 dated 30 November 2018;

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10.

11.

b. The existing two 225mm pipes must be removed and replaced with five 600mm x
300mm box culverts as illustrated on SLR drawing Proposed Flood Hazard
Mitigation Strategy, Figure 1 dated 30 November 2018; and

Cc. Underground service conduits for all utility services consistent with the
requirements of condition 15 of this Decision Notice.

Any alterations to the existing driveway must be certified by a Registered Professional

Engineer of Queensland as being suitable for the intended use. The certification must

be submitted to Council prior to the sealing of the survey plan.

Emergency access (walkway)

The existing elevated walkway (elevated walkway) between the existing dwellings must
be amended/extended in accordance with the following:

a. That part of the existing walkway in proposed Lot 2 must be demolished;

b. The existing walkway in proposed Lot 1 must be extended along the western
boundary and then in a northerly direction, generally in accordance with Plan of
Development Option 2, to a point above the 1% AEP design event;

The walkway must be maintained at a height above the 1% AEP design event;

d. The walkway extension must be constructed in accordance with the Barlow
Shelley, Walkway Plans & Details Dwg No. SK1 Rev 1 dated 9 August 2017
consistent with the east west walkway details, subject to the boundary fence
between proposed Lots 1 and 2 which shall form the western most fencing for the
walkway;

e. The fencing on the walkway must be consistent with the fencing design identified
on Figure 2; and

f. The fence on the boundary between proposed Lots 1 and 2 shall be 1800mm high
from the ground.

The walkway works must be completed by a suitably qualified person prior to the sealing
of the survey plan.

The walkway works must certified by a Registered Professional Engineer of Queensland
prior to the sealing of the survey plan. The certification must include specific reference
to the relevant conditions of this approval.

Fencing

Additional fencing (fencing) at least 1.2m high must be installed as identified on Plan of
Development Option 2 in accordance with Figure 2 and Figure 3 as prepared by SLR
Consulting. The fencing must be installed prior to the sealing of the survey plan

The fencing must include installation of flaps, as described in Figure 3 prepared by SLR
Consulting. The flaps must be able to come to rest on a level concrete apron.

Signage

Floodway warning signage must be placed at the four locations identified on the Plan of
Development Option 2. The signage must be installed prior to the sealing of the survey
plan and must include:

a.  Adiagrammatic representation of the flood risk;

b. | The wording: FLOODWAY WARNING, RAIN MAY CAUSE FLOOD WATER TO
RISE, KEEP OUT OF THE FENCED AREA DURING HEAVY RAIN;

c. Flood depth gauges; and

Page 4

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

d. A description of the emergency walk-out route to Mitti Street via the elevated
walkway (including an internal diagram of the house showing how to get to the
elevated walkway).

Car Parking

All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.

Stormwater Drainage

A rainwater tank with a minimum of 5,000L capacity shall be installed at the dwelling on
proposed Lot 1, with as much of the roof drainage as practical directed via downpipes
to that rainwater tank. This tank must be designed for slow release of captured flow after
a rainfall event, providing 5,000L of active storage capacity, to ensure no adverse
impacts on downstream properties.

Stormwater runoff from the development must be disposed of on-site without causing
scour or damage to the subject site or any adjoining property.

Electricity, Water, Sewer and Telecommunication Services

Reticulated electricity, water, sewer and telecommunication services must be provided
to each lot in accordance with the standards and requirements of the relevant service
provider, so that proposed Lot 1 is provided with the independent connection of all
necessary services (if not already so provided).

Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits and
pipes to accommodate the future connection of optic fibre technology
telecommunications.

Certification must be submitted to Council from all relevant service providers which
certifies that the development has met the requirements of this Decision Notice and all
applicable legislation prior to the sealing of the survey plan.

Easements

An easement in gross in favour of the Council must be registered against the title of
proposed Lot 2 for access, drainage and vegetation management purposes. (the
Drainage Easement)

The terms of the Drainage Easement are to be generally in accordance with the draft
easement attached and marked as “Appendix A’.

The area of the Drainage Easement (Drainage Easement Area) shall generally cover
that part of proposed Lot 1 marked as “Proposed Emt B” on the plan attached and
marked as “Appendix B” and must include:

a. _ Allof that part of proposed Lot 1 that will be bounded by the pool fencing as shown
on Plan of Development Option 2 dated 11/12/2019, ;

b. The part of the driveway that will be raised and provided with new culverts;

c. The area downstream of the raised driveway and new culverts, from the edge of
the driveway to the northern boundary of proposed Lot 1; and

d. The north-western extent of the existing driveway to provide Council with
continuous access to each of the above areas.

An access easement in gross in favour of the Council must be registered against the
title of proposed Lot 2 generally over that part of proposed Lot 2 marked as “Proposed
Emt A” on “Appendix B”, to allow Council access to the Drainage Easement Area on
proposed Lot 1 (the Council Access Easement).

Page 5

22.

23.

24.

25.

26.

27.

The terms of the Council Access Easement are to be generally in accordance with the
draft easement attached and marked as “Appendix C’.

An access easement must be registered against the title of proposed Lot 2 generally
over that part of proposed Lot 2 marked as “Proposed Emt A” on “Appendix B”, to provide
access for all lawful purposes for proposed Lot 1 over proposed Lot 2.

The duly executed easements must be provided to the Council at the time of sealing of
the survey plan.

The three easements must be registered prior to, or at the time of, registration of the
survey plan.

Earthworks

All earthworks and any associated retaining structures/batters required for the raising of
the driveway must be undertaken in accordance with an Operational Works approval
and be contained entirely within the subject site unless written permission from other
respective landowner(s) is provided to Council.

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:

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.

Page 6

 

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PLAN OF DEVELOP,

 

 

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OPTION 2 - 11/12/2019

 

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Page 8

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Page 11

“APPENDIX A”

Easement in gross for access and drainage over the area described as the Easement
Area in the Council’s Decision Notice for Development Application No. RAL/18/0009
(over that part of proposed Lot 1 marked as “Proposed Emt B” on the plan attached
and marked “Appendix B”).

THE GRANTOR HEREBY GRANTS TO THE GRANTEE:

1.

The full and free right at all reasonable times for the Grantee and its members, officers,
agents, servants, employees, contractors and sub-contractors and other persons
authorised by it, to enter into and upon the servient tenement (“Easement Area’) with
or without all necessary vehicles, machinery, plant and equipment for any of the
following purposes:

a. examining, inspecting, testing and monitoring the state and condition of the
Easement Area and any drains, culverts, pipes or otherwise that are installed
within the Easement Area;

b. ascertaining whether the obligations of the Grantor in clause 4 have been duly
performed and fulfilled;

c. subject to clause 5, making good any breach of the obligations of the Grantor
under clause 4, at the cost and expense of the Grantor; and

d. exercising the Grantee’s right under this easement.

AND THE GRANTOR AND GRANTEE MUTUALLY COVENANT AND AGREE as
follows:

The Grantee must give reasonable notice of any intention to enter the Easement Area
to the Grantor or other occupier of the Land, except in cases of emergency or where the
Grantee on reasonable grounds considers that the delay in giving notice is prejudicial to
its responsibilities.

The Grantor shall, unless otherwise agreed in writing by the Grantee, fully and
effectively observe and comply with the following obligations, to the satisfaction of the
Grantee:

a. The Grantor will permit the uninterrupted flow of creek, river and rainwater and
drainage of all kinds, inclusive of stormwater runoff (overland flow) flowing in
concentration, either continuously, intermittently or occasionally, over and along
the surface of the Easement Area (save that this requirement will not oblige the
Grantor to receive additional or altered flows increased or concentrated by
upstream development or re-direction of existing flowpaths);

b. | The Grantor must install and maintain fencing (fencing) as identified on Plan of
Development Option 2 and in accordance with Figure 2 and Figure 3 as prepared
by SLR Consulting (contained in Schedule 1 to this Easement), and the fencing
must include installation of flaps (flaps) as described in Figure 3 prepared by
SLR Consulting. The flaps must be able to come to rest on a level concrete apron;

c. | Save as required for the installation and/or maintenance of the fencing and flaps,
and for the driveway works authorised by Council's Decision Notice issued in
respect of Development Application RAL/18/0009, the Grantor will not, without
the prior written consent of the Grantee:

10

Page 12

i. cause or permit the construction, erection or installation of any buildings,
improvements, pipes, wires, cables or any other structures or services
whatsoever of either a temporary or permanent nature on or over or under
the Easement Area;

ii. cause or permit any obstruction, interruption, impeding, hampering or
interference with, divergent, scouring, change or alteration in or to the
overland flow above or through the Easement Area at any time;

iii. cause or permit the erection, raising, making, placing of, or allowing to
remain or stand, any additional paving or other hard stand areas
whatsoever upon the Easement Area;

iv. cause or permit any alteration in the level or gradient of the Easement
Area, or any change to its surface; or

v. remove any vegetation from the Easement Area except for general
maintenance.

The Grantor must only use, or allow to be used, the Easement Area in such a
manner that does not interfere with overland flow within the Easement Area;

The Grantor must not access that part of the Easement Area that is bounded by
pool fencing (as shown in Plan of Development Option 2) (“Restricted Area”) in
times of, or immediately after, heavy rainfall and must take all reasonable
measures to ensure that others do not access the Restricted Area in times of, or
immediately after, heavy rainfall;

The Grantor must install floodway warning signage at the four locations identified
on the Plan of Development Option 2. The signage must be installed prior to the
sealing of the plan to create the Land and must contain the following:

i. A diagrammatic representation of the flood risk;

ii. The wording: FLOODWAY WARNING, RAIN MAY CAUSE FLOOD
WATER TO RISE, KEEP OUT OF THE FENCED AREA DURING HEAVY
RAIN;

iii. Flood depth gauges; and

iv. A description of the emergency walk-out route to Mitti Street via the
elevated walkway (including an internal diagram of the house showing
how to get to the elevated walkway);

The Grantor must maintain the fencing, flaps and signage relating to the Restricted
Area to ensure they are functioning effectively at all times;

The Grantor must undertake regular inspections and routine maintenance of the
fencing, flaps and associated areas to ensure they are functioning effectively at all
times;

The Grantor must undertake monthly inspections and annual maintenance of the
fencing and flaps. Records of the maintenance must be kept and must be made
accessible to the Grantee upon reasonable request by the Grantee;

The Grantor must remove any significant debris (including debris that may
interfere with overland flow or the operation of the flaps) from the fencing and flaps
around the Restricted Area, and from within the Easement Area generally, as soon
as is practicable after rainfall event;

The Grantor must maintain within the detached house upon Lot 1, and make
accessible to all new residents (including without limitation both short-term and
long-term residents) on arrival, an information pack that contains:

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i. A diagrammatic representation of the flood risk;

ii. Notice that persons, and particularly children, must not enter the Restricted
Area in times of, or immediately after, heavy rainfall;

iii. The wording: FLOODWAY WARNING, RAIN MAY CAUSE FLOOD
WATER TO RISE, KEEP OUT OF THE FENCED AREA DURING HEAVY
RAIN;

iv. A description of the emergency walk-out route to Mitti Street via the
elevated walkway (including an internal diagram of the house showing how
to get to the elevated walkway); and

Vv. Identification of the emergency telephone number as “000”;

I The Grantor must make accessible to the Grantee upon reasonable request a
copy of the information pack and any other information reasonably requested by
the Grantee to demonstrate compliance with clause 3(k).

In the event of non-compliance with the obligations in clause 3, the Grantor may issue
a written notice to the Grantor requiring the Grantor to rectify the non-compliance
(Rectification Notice) and:

a. The Grantor must comply with the Rectification Notice within 14 days of the issue
of the Rectification Notice or such other reasonable time period as may be
specified in the Rectification Notice, regardless of whether or not the Grantor is
responsible for the non-compliance;

b. In the event that the Grantor fails to comply with the Rectification Notice within the
time allowed in accordance with clause 4(a), the Grantee may, by itself or by an
agent or contractor, or other person authorised by it, enter the Easement Area,
perform any rehabilitation or remedial work, demolition works, or anything else that
may be required to rectify the Grantor's non-compliance, and recover all of the
costs of performing the work as a debt from the Grantor payable on demand;

c. Inthe event of a breach of this easement by the Grantor the Grantor will indemnify
the Grantee against all costs and expenses of any nature or kind incurred or
expended by the Grantee in carrying out any work necessitated by or arising out
of any breach on the part of the Grantor of this easement; and

d. For all or any of the purposes aforesaid the Grantee, its surveyors, engineers,
servants, agents licensee’s, contractors, sub- contractors, workmen and others
authorised by it with or without any materials, machinery, equipment, tools,
equipment and other vehicles and things laden or unladen, will have the right to
use such lands of the Grantor immediately adjacent to the Easement Area as may
reasonably be required by the Grantee in connection with or the purposes
aforesaid.

The Grantor is only liable for breaches of this easement caused or contributed to by the
Grantor or its authorised agents, or which it permits or allows or fails to take reasonable
steps to prevent.

The Grantor shall not be in breach of this easement for any damage in the Easement
Area caused by any natural occurrence or otherwise caused by something beyond the
control of the Grantor, however the Grantor must perform any rehabilitation or remedial
work or anything else to rectify the damage within a reasonable time.

The Grantee is not required to contribute to the cost of maintaining the surface level of
the Easement Area.

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Page 14

The Grantee is not liable for any claim commenced in relation to, or any loss, damage
or injury suffered by any person or property arising in connection with, the overland flow
through the Easement Area.

The costs, charges and expenses of and incidental to the preparation of these presents,
including stamp duty and registration fees payable thereon, will be paid by the Grantor.

13

Page 15

SCHEDULE 1
Plan of Development Option 2 and Figures 2 and 3, as prepared by SLR Consulting

14

Page 16

*APReub% B

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Page 17

“APPENDIX C”

Easement in gross for access over proposed Lot 2 (over that part of proposed Lot 2

marked as “Proposed Emt A” on “Appendix B”)

THE GRANTOR HEREBY GRANTS TO THE GRANTEE:

1.

The full and free right at all reasonable times for the Grantee and its members, officers,
agents, servants, employees, contractors and sub-contractors and other persons
authorised by it, to enter into and upon the servient tenement (Easement Area”) with
or without all necessary vehicles, machinery, plant and equipment to enable access to
easement area xx on proposed Lot 1 for the following purposes of the easement in gross
over proposed Lot 1:
a. examining, inspecting, testing and monitoring the state and condition of the
Easement Area and any drains, culverts, pipes or otherwise that are installed
within the Easement Area;

b. ascertaining whether the obligations of the Grantor in clause 4 have been duly
performed and fulfilled;

c. subject to clause 5, making good any breach of the obligations of the Grantor
under clause 4, at the cost and expense of the Grantor; and

d. exercising the Grantee's right under that easement.

AND THE GRANTOR AND GRANTEE MUTUALLY COVENANT AND AGREE as
follows:

The Grantee must give reasonable notice of any intention to enter the Easement Area
to the Grantor or other occupier of the Land, except in cases of emergency or where the
Grantee on reasonable grounds considers that the delay in giving notice is prejudicial to
its responsibilities.

The Grantor shall, unless otherwise agreed in writing by the Grantee, fully and
effectively observe and comply with the following obligations, to the satisfaction of the
Grantee:

The Grantor must not at anytime:

(a) facilitate, suffer or permit any damage to any improvements established by the
Grantee upon the Easement Area from time to time; or

(b) restrict or obstruct the Easement Area so as to prevent the Grantee or any of the
Prescribed Persons from having full use of enjoyment of the rights granted under the
Easement by construction of fixed improvements.

All outgoings in respect of the Servient Tenement from time to time must be paid by
the Grantor.

The Grantee is not required to contribute to the cost of maintaining the surface level of
the Easement Area.

The costs, charges and expenses of and incidental to the preparation of these presents,
including stamp duty and registration fees payable thereon, will be paid by the Grantor.

16