Referral Agency Response - Planning RAP21 0028

Officer: 	Wilhelm Koschade
Direct Telephone: 	07 53296540
Our Reference:	RAP21/0028
Your Reference:	2926
1 March 2022
Metricon Homes (Qld) Pty Ltd
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567

[email protected]
Dear Sir/Madam,
Referral Agency Response
Planning Act 2016
I refer to your application and advise that Council, as a concurrence agency for the application, completed its assessment of the application on 28 February 2022. You are advised that Council requires conditions to be attached to any development approval. The conditions are listed below.
application details
Application No:	RAP21/0028
Street address:	38 Mossman Ct Noosa Heads Qld 4567
Real property description:	Lot 145 N 21859
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
type of development
The applicant seeks the following type of referral agency response:
Concurrence Agency Response for Dwelling House
concurrence agency 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
DWG 1/14	A	Site plan, prepared by Gary Rodd	10.02.22
DWG 4/14	A	Basement Floor Plan, prepared by Gary Rodd	10.02.22
DWG 5/14	A	Ground Floor Plan, prepared by Gary Rodd	10.02.22
DWG 6/14	A	First Floor Plan, prepared by Gary Rodd	10.02.22
DWG 10/14	A	Elevation Plan, prepared by Gary Rodd	10.02.22
DWG 9/14	A	Elevation Plan, prepared by Gary Rodd	10.02.22
Building Height
Except for the central upper level roof which is permitted to have a maximum height of 8.3 meters, the maximum height of the development must not exceed 8.0 meters above the finished ground level and the natural ground surface.
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.
Currency Period
This development approval lapses if the use has not happened by 24/02/2024, unless an application to extend the currency period is approved by Council.
Performance Bond
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.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Fencing
Perimeter fencing is not permitted to exceed a maximum vertical height of 2.0m relative to the natural ground.
Boundary Clearance
The proposed outdoor recreational areas (western side) and pedestrian walkaround (eastern side) must have a minimum setback of 1.5m (where raised above the natural ground level).

ENGINEERING
Site Access and Driveways
A sealed access driveway must be provided from Mossman Court to all parking and manoeuvring areas of the development. These proposed works must be undertaken with written approval in accordance with Noosa Council driveway crossover approval conditions and adopted standard drawings for the crossover type as required by the planning scheme.
The driveway must be constructed to grades that ensure that vehicles will not bottom out or scrap on the driveway or the road formation when entering and exiting the site.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken generally in accordance with SCG’s drawing 31192-SW1.1 “Stormwater Management Plan”, dated July 2021.
The site specific SWMP must be approved as part of the subsequent Building Permit.
The site specific SWMP must be consistent with the site-specific geotechnical report’s recommendations.
The development works must not cause additional ponding of water on any adjoining property (including the road reserve), or concentrate or direct overland flow to any adjoining property.
Private drainage structures must be wholly contained within the subject site.
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 undertaken generally in accordance with:
SCG’s drawing 31192-OW3.1 “Earthworks Plan”, dated July 2021;
the findings and recommendations of Douglas Partners’ report 206126.00 “Preliminary Geotechnical Investigation”, dated 1 August 2021; and
the findings and recommendations of ADG Consulting’s report ADG1304.21 “Dewatering Management Plan”, Rev 0, dated October 2021
All earthworks must be endorsed through the building permit.
The site specific geotechnical report must be consistent with the site specific SWMP’s recommendations.
All earthworks must be supervised by a Registered Professional Engineer of Queensland (RPEQ).
All earthworks and associated retaining structures/batters, both above and below ground level and both temporary and permanent, must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Earthworks carried out on site must not affect the structural integrity of any of the adjoining lands and/or buildings and/or structures and/or services.
All works must not adversely impact on the existing revetment wall located along the waterway boundary.
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.
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.
reasons for inclusion of conditions
The proposal is subject to specific built form parameters outlined in The Noosa Plan.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the referral agency conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
rEPRESENTATIONS ABOUT REFERRAL AGENCY RESPONSE
The applicant may make representations to Council about this referral agency response at any time before the application is decided pursuant to section 30 of the Development Assessment Rules.

Yours faithfully,

Wilhelm Koschade
Development Planner

Enc:	Approved Plans/Documents

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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