Delegated Report - Code - Planning MCU21 0133

Author	Nick Cooper – external planner
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0133 and OPW21/0220
Applicant	Novato Group P/L TTE
Proposal	Material Change of Use - Multiple dwelling (5 x Small Dwellings) Operational Works – Drainage work, landscaping, stormwater, earthworks and vegetation clearing
Properly Made Date	5 August 2021
Information Request Date	2 September 2021
Information Response Date	29 September 2021
Decision Due Date	5 November 2021
Report Completed Date	4 November 2021
Report Reviewed By	Patrick Murphy

PROPERTY DETAILS
Property Address	9 Bottlebrush Ave Noosa Heads Qld 4567
RP Description	Lot 147 RP 88934
Land Area	506m²
Existing Use of Land	Duplex

STATUTORY DETAILS
SEQRP Designation	Urban
Zone	High Density Residential Zone
Precinct	Not Applicable
Local Plan Area	Noosa Heads Local Plan Area
Overlays	Landslide Hazard Area – High and Moderate Hazard Area
Assessment Type	Code
PROPOSAl
The application seeks approval for a Material Change of Use - Multiple dwelling (5 Small Dwelling Units) and Operational Works – Drainage work, landscaping, stormwater, earthworks and vegetation clearing.  The application proposes five small dwelling units, with basement parking for 7 spaces (and an additional visitors bay within the street frontage).  The ground floor accommodates 2x 2 bedroom units, level 1 consists of 2 x 2 bedroom units and level 3 includes 1 x 3 bedroom unit.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
site details
Site Description
The subject site is a 506m2 rectangular lot that slopes steeply from the road frontage to the rear of the block. The site currently contains a duplex that will be removed to enable construction of the proposed development.
Surrounding Land Uses
The subject site is surrounded by dwelling houses and dual occupancies. The site is within proximity to the Noosa Junction.
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.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
High Density Residential Zone Code;
Noosa Heads Local Plan Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes; and
Landslide Hazard Overlay Code
The subject site is located in Noosa Heads and is zoned High 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
Building height storeys metres	3 storeys max 12 metres	3 storeys 12 metres	
Site cover	45% max (small dwellings)	45 %	
Plot ratio	0.75:1 max. (379.5m2) (small dwellings)	0.75:1 (378m2)	
Boundary setbacks Basement Frontage Side (north west) Side (south east) Rear	6.0 metres min 1.5 metres min 1.5 metres min 6.0 metres min	10 metres 1 metres 0.5 metres 3 metres	X X X
Level 1 Frontage Side (north west) Side (south east) Rear	6.0  metres min 1.5 metres min 1.5 metres min 6.0 metres min	6 metres 1 metres (balcony) 0.5m (balcony) 6. metres	X X
Level 2 Frontage Side (north west) Side (south east) Rear	6.0 metres min 2.0 metres min 2.0 metres min 6.0  metres min	6.39 metres 1.50 metres (planters) 1.50 metres (balcony/ planters 6 metres	X X
Level 3 Frontage Side (north west) Side (south east) Rear	10.0 metres min 2.5 metres min / 3m above 10.5m high 2.5 metres min / 3 m above 10.5m 8.0 metres min	6.9 balcony balustrade metres 2.5m.  small portion of stairway is above 10.5m in height 2.5m (building) small portion of balcony screen is above 10.5m in height 7.6 metres to balcony	X X X X X
Length of wall	15 metres max	8.65metres	
Landscaped open space Soft landscaping	177m² min (35% of site) 106m2 min (60% of total)	181m2 165m2	
Private Open Space Unit 1 Unit 2 Unit 3 Unit 4 Unit 5	25m² min 25m² min 12m² min 12m² min 12m2 min	27m2 90m2 25m2 25m2 60m2	
Carparking	6 covered min 1 visitor min	6 covered 1 visitor	

Setbacks
Acceptable Outcome AO9.1 of the High Density Residential Zone Code states buildings and structures meet the following minimum boundary setbacks
For frontages
first and second storeys— 6 metres
third storey and thereafter—10 metres
side boundaries
1.5 metre setback up to 4.5 metres height;
2 metres setback between 4.5 metres and 7.5 metres height; and
2 metres plus 500 millimetres for every 3 metres above 7.5 metres height or part thereof
rear boundary
first and second storeys—6 metres
third storey and thereafter— 8 metres
Corresponding Performance Outcome PO9 of the High Density Residential Zone Code states 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

Front Setback
The third storey balustrade on the balcony is setback 6.9m in lieu of 10m, the façade of the building is complaint with the 10m setback requirement.   As the balcony sits on top of the roof of the 2nd storey which is setback 6m from the road frontage the balcony does not project and closer to the frontage than the 1st and 2nd storey.   Therefore, it is not expected that the balustrade unreasonably obstruct views or result in overlooking (as views are towards the road reserve).   The balustrade setback will not have any additional impact on privacy of adjoining properties visually or acoustically and the built form being consistent with planning scheme setback requirements will result in other development occurring in similar fashion and therefore is considered consistent with the future character of surrounding development.
Side / Rear Setback
The proposal includes the above listed (within the table) non-compliant side/ rear boundary setbacks (see figures 5 to 8 for highlighted areas on non-compliance) and therefore does not comply with AO9.1.   The setback to the planter boxes on level 2, the rear balcony on level 3 (7.6m in lieu of 8m) and the small portion of building above 10.5m in height on level 3 which is setback 2.5m (see figures 7 &8)  are all considered relatively minor in nature and are capable of complying with the PO requirements in that they will have no determinantal impact on adjoining properties and provide adequate separation to adjoining uses given their minor nature.
The setbacks to balconies on level 1 are a result of the basement podium protruding above ground level creating a platform for a balcony.   The setbacks to the eastern side boundary at 500mm and the western boundary at 1m to the balustrade.  The balcony on the western side boundary is well below natural ground level therefore the 500mm intrusion is unlikely to impact on adjoining land uses, however the setbacks to the eastern side boundary are not considered to comply the requirements of PO9.  There is no evidence that the reduced setback will not cause unreasonable impact on the privacy of adjoining land uses.  Therefore, it is recommended that a condition is included to require the balustrade to be setback the 1.5m from the side boundaries where the balcony is above natural ground level and for the basement podium to be landscaped to create more dense landscaping along these boundaries. A condition of the approval will also require an amended landscape plan prior to the building permit being issued.
Level 2 eastern side boundary balconies are setback 1.5m to the boundary.  This intrusion of 500mm is considered unnecessary and there is no evidence to suggest that the setback will not result in unreasonable impacts to the privacy of adjoining land uses.  The glass balustrade does not prevent overlooking and therefore this setback is not considered to comply with the requirements of PO9. A condition is therefore recommended for the balcony on level 2 to not extend closer than 2m from the side boundary.

Figure 5– Level 1 Side Boundary setback intrusions highlighted

Figure 6– Level 2 Side Boundary setback intrusions highlighted

Figure 7– Level 3 Side Boundary setback intrusions highlighted

Figure 8– Elevations of Level 3 Side Boundary setback intrusions highlighted
Carparking
The proposal includes 6 basement carparks and 1 additional space adjacent to the fire stairs labelled owners space and 1 visitor space designated within the road reserve.   The minimum car parking requirement for this development is 7 spaces including 1 visitor space, therefore the 7 car parking spaces on site will be required to include 1 visitor space. The car space adjacent to the fire stairs and outside the basement parking is the most logical space for a visitor space, with the designated unit parks secure within the basement.  The information request raised concerns regarding the vehicle access/manoeuvrability to the visitor space when the gate is closed and these concerns remain, therefore Council engineer has recommended conditions in relation to amending the design to satisfy turning requirements.
An additional car parking space within the road reserve is also being provided.
Landscaping
Council issued an information request regarding landscaping raising concern regarding the use of palms nominated on the Landscape Concept Plan. The submitted landscaping plan incorporates the use of vegetation consistent with the landscaping policy.
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Mark Lewis – conditions recommended.
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 MCU21/0133 for a Material Change of Use - Multiple dwelling and OPW21/0220 for Operational Works – Drainage work, landscaping, stormwater, earthworks and vegetation clearing situated at 9 Bottlebrush Ave Noosa Heads and described as Lot 147 RP 88934, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0133
Street address:	9 Bottlebrush Ave Noosa Heads Qld 4567
Real property description:	Lot 147 RP 88934
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 - Multiple dwelling (5 x Small Dwellings)
Development Permit for Operational Works - Drainage work, landscaping, stormwater, earthworks and vegetation clearing
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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.
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
A.003	B	Proposed Site Plan prepared by Zest Design	24/09/21
A.100	B	Basement and Level 1 prepared by Zest Design	24/09/21
A.102	B	Level 2 and Level 3 prepared by Zest Design	24/09/21
A.103	B	Development Summary prepared by Zest Design	24/09/21
A.200	B	Elevations prepared by Zest Design	24/09/21
A.201	A	Site Sections prepared by Zest Design	13/07/21
A.302	A	External Finishes prepared by Zest Design	13/07/21
L100	C	Landscape Plan prepared by Zest Design	24/09/21
L101	B	Landscape Details, prepared by Zest Design	17/08/21
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice. The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council for approval prior to the issue of any Development Permit for Building Works.
Submit Amended Plans - Side boundaries
Prepare amended plans incorporating the following changes
The balustrade on level 1 eastern elevation must be setback a minimum of 1.5 metres to the side boundary where the balcony is above natural ground level.  The setback area shall be landscaped to ensure the hard stand area of the basement podium is not exposed and is designated for landscaping only.
The balcony on level 2 eastern elevation must be setback a minimum of 2 metres from the side boundary.
Amended landscape plan providing for landscaping on the basement podium adjacent to where the balustrade is to be setback 1.5 metres from the eastern side boundary.
The amended plans must be submitted to Council prior to the issue of any Building Works approval.
Currency Period
This development approval lapses if the use has not happened by 5 November 2027, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 12 metres above the natural ground level and 3 storeys.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does 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 $50,000 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.
Nature and Extent of Approved Use
The approved Multiple dwelling is comprised of five small dwellings, in accordance with the administrative definition under Noosa Plan 2020.
The plot ratio of the development must not exceed 0.75:1, in accordance with the administrative definition under Noosa Plan 2020.
No part of the basement is to be more than 1 metre above ground level in accordance with the administrative definition under the Noosa Plan 2020.
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:
where located at ground level, screened by fencing 1.5 metres in height or dense vegetation of at least 1.5 metres in width incorporating grouped trees and shrubs with a maximum separation distance of 1 metre measured from the centre of the plant;
where located above ground level, enclosed or screened such that it is not visible from the street frontage nor adjoining properties; and
visually integrated into the line and plane of the building and roof design and does not project beyond the height or width of the building when viewed from the street and adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
Materials and Finishes
Buildings and structures must use:
natural finishes wherever possible;
a mix of lightweight and textured external finishes;
masonry construction where variation is provided in texture and the façade uses a variety of finishes to break up the surface; and
open or transparent balustrades.
Fencing and Walls
Any street fencing must be generally in accordance with the Approved Plans, including:
being set back an average of 1 metre from the front property boundary and articulated to provide visual interest;
any fencing on the front boundary must ensure that the solid portion of the fences and walls is no more than 1.2 metres high.
Any side boundary fencing must not exceed 2 metres in height from ground level.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothesline which is screened from public view.
Protection of Privacy
Where windows overlook or have the potential to overlook the private open space of nearby properties or view into habitable room windows within 10 metres
windows are to have a sill height of not less than 1.7 metres above finished floor level; and
windows and doors use translucent glazing to obscure views.
External Works
Bottlebrush Avenue must be upgraded for the length of its frontage to the subject site.  The works must include in particular:
construction of a pedestrian footpath in accordance with the conditions of this Decision Notice
removal of the existing property access and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed
Condition 23 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Site Access and Driveways
A sealed access driveway must be provided from Bottlebrush Avenue to all parking and manoeuvring areas of the development. The works must include in particular a driveway crossover generally in accordance with Council’s Standard Drawings RS-049 and RS-050 together with any associated addendum
Car Parking
A minimum of 7 car parking space must be provided and marked on the site and made available and accessible at all times. The works must include in particular:
1 visitor parking space within the total, which are clearly marked for that purpose and accessible at all times for visitor use.
dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004 Parking Facilities
All vehicles must enter and exit the site in a forward gear. In regard to the visitor space plans demonstrating that a B99 vehicle (as described in AS/NZS2890.1:2004) can enter the site and space in a forward gear, manoeuvre on site and exit the site in a forward gear in a maximum of 5 movements must be submitted to Council prior to the issue of a building permit.
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.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development.  The works must include in particular a 1.5m wide footpath between the proposed driveway and:
the prolongation of the northern property boundary of the subject site, and
the on-street parking space
Condition 28 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
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 drawing titled “Roads and Drainage Layout Plan”, numbered C20 Revision B prepared by Recor dated 7 September 2021
Condition 29 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Stormwater runoff from the development must be controlled on-site and discharged without causing scour or damage to the subject site or any adjoining property.
Services
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 (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
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.
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.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All earthworks must be carried out in accordance with the recommendations contained in The Geotechnical Investigation reference number 21169-001 – Rev 0 prepared by Tectonic Geotechnical & Environmental Engineers dated 13 July 2021
All earthworks and associated retaining structures, both above and below ground level, either temporary or 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.
Earthworks carried out on site must not impact on the stability of any adjoining property and/or vegetation and/or structures and/or services on any adjoining property.
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.
At the completion of the works and prior to the commencement of the use 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 Geotechnical Investigation reference number 21169-001 – Rev 0 prepared by Tectonic Geotechnical & Environmental Engineers dated 13 July 2021 and that the development has a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
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
C01	A	Cover Sheet and Locality Plan prepared by Recor	8 July 2021
C20	B	Roads and Drainage Locality Plan prepared by Recor	7 September 2021
C21	A	Roads and Drainage Details prepared by Recor	7 September 2021
C30	B	Bulk Earthworks and Site Sections prepared by Recor	7 September 2021
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 5 November 2023, unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITIONS
A condition report of the Council drainage system located in the adjoining property (No 1 Bottlebrush Avenue) must be completed for agreement at the prestart meeting. The condition report is to include a CCTV inspection of the existing pipe extending from the existing manhole in Bottlebrush Avenue to the rear property boundary of the subject site.
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.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
Tree protection fencing must be installed under the supervision of the Project Arborist.  (Refer to Retention of Existing Trees Conditions)
All necessary approvals from external service providers (eg Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
Copies of the approved plans, duly signed by the consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer Construction at the “pre start” meeting
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Landscape works;
Erosion and sediment control 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 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
Adequate parking arrangements for construction workers
No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures
Works programme identifying key components of the works and their respective durations
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details.
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
For haulage operations involving significant volumes of fill material or excavated material being transported onto or off the site: details on the location of external fill/dump sites, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.  NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
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.
Landscape
The development site must be landscaped. The works must be undertaken in accordance with this approval, including amended landscape plan, and Noosa Plan 2020 Planning Scheme Policy PSP2 Landscaping. In this regard, Landscaping must include the following:
landscaping provided to a minimum of 35% of the site area, and 60% of this is to be soft landscaping;
shade trees and screening vegetation with layering of understorey plants and grasses must be planted for the length of the rear boundary;
narrow growing screening vegetation must be planted for the length of the side boundaries;
existing vegetation in the road reserve must be retained, in accordance with the approved plans; and
trees to be retained within the site must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
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.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
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 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
Pavement Design and Construction
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve/Reinstatement
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
All frontage works must match neatly with existing road and verge/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.
Pathways
All pathways must be constructed in accordance with the following requirements:
All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065.
All paths must have a slip resistant surface
Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth ride for cyclists
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
Pathways must:
terminate in a manner that ensures smooth transition to existing surfaces for public safety
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
Driveway crossovers must be constructed generally 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, with geotechnical testing undertaken in accordance with the Standard. Test results as required by AS 3798, and a certificate of quality and uniformity of fill shall be provided by a RPEQ and submitted to Council prior to the commencement of the use.
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 (eg by blocking or interfering with natural overland flows).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection Regulation 2019) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Sediment and erosion control measures must be in place prior to works commencing. If such measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such fines can be issued if sediments from the site are found to enter or have the potential to enter Council’s stormwater system, natural waterways, any downstream stormwater filtration system or adversely impacting on other properties.  The sediment and erosion control design and measures have NOT been approved, it is the site's 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 non-essential exposure of soil is prevented by restricting the extent of disturbance and minimising the duration of soil exposure to adverse weather conditions and effectively turf, cover or stabilise any disturbed area without delay and prior to rainfall occurring.
The developer must ensure sediment does not leave the site or enter onto adjoining properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or machinery. It is essential to implement appropriate approved erosion and sediment control measures throughout the site during all phases of construction including vehicle shakedown pad/grid (or similar) at the access to the construction site. Where sediments or other contaminants are deposited on a road, they must be removed so as not to enter Council’s drainage system or waterways.
Prior to the 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.
Landscape (Landscaping to be provided separately)
The finished level of all mulch in garden beds and landscaped medians is to be a minimum of 50mm below the level of the adjacent top of kerb. All landscaping is to be constructed in accordance with Council’s Planning Scheme Policy PSP2 Landscaping.
Suitable root barriers must be installed where proposed trees are adjacent to paths, pavement etc in accordance with Council’s Planning Scheme Policy PSP2 Landscaping.
An inspection is to be carried out with the relevant Council officers, the Contractor and Supervising Engineer after road centrelines have been established, and prior to clearing being carried out. This inspection is to deal with the limits of clearing to be carried out for this development. This meeting is to take place prior to the “Pre-start” meeting.
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 / PRIOR TO COMMENCEMENT OF THE USE
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.
As Constructed Plans and ADAC XML Files (Council)
Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory “As-Constructed” records must be submitted to Council. The bundle of “As Constructed” information shall include:
As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed) prepared in accordance with industry standards and recorded in “MGA - UTM56 / GDA94” projection.
Please Note: Further information and advice relating to the as-constructed drawing presentation, as-constructed survey capture and associated guidelines for preparation of a compliant ADAC XML digital file are available on the webpage titled “As-Constructed Guidelines” and accessible at the Noosa Council Website: Planning & Development / Development Tools & Guidelines / As-Constructed Guidelines.
The “As-Constructed” drawings will require certification by a:
Qualified experienced Civil Engineer (RPEQ) confirming design intent and conformance with applicable standards and specifications, along with the relevant descriptions of assets, services and structures and;
Licensed Surveyor in regard to the cadastral and locational information, levels and applicable survey datum.
The data must be in accordance with Council’s “Planning Scheme Policy 6 – Engineering Design Standards”, and fully detail the levels for all engineering works including but not limited to the drainage network and structures, finished ground and pavement surface levels.
Landscaping, including all assets and improvements within parks, open space and road reserves areas are to be shown on an accompanying separate landscape plan (prepared in .dwg file format with accompanying hardcopy PDFs) and include a complaint ADAC XML file.  Details of the landscaping and all associated assets and improvements may be included in the ADAC XML digital file prepared for associated civil infrastructure, or alternatively, be provided as a separate ADAC XML digital file containing landscape and asset information only.
On Maintenance
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to plan sealing. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
certification that all works have been undertaken and completed in accordance with the requirements of this Permit
as Constructed details in accordance with Council’s Planning Scheme Policy
maintenance and operational manuals for all proprietary or site specific devices
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection.
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
a Council inspection reveals works do not comply with approval requirements
submitted certification falsely states works comply with approval requirements.
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:
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
Building and Construction Industry (Portable Long Service Leave) Levy
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.
Qualified Person
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:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority
General Advisory Notes
The driveway is a private structure, and the owner bears full responsibly for the standard of its construction, maintenance and any liabilities associated with its construction.
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 final 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.
Landscaping
Qualified Person, for the purpose of:
Managing Fauna protection is considered to be a certified Fauna Spotter Catcher
Public amenity trees are defined as any tree located within public streets, parks or areas that will become publically owned as a result of this development.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
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.

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