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Extension to Currency Period - Approved MCU21 0182 01 {As Published} · MCU21/0182.01

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                                                                           Officer:          Samuel Osakwe
                                                                           Direct Telephone: 07 53296316
                                                                           Our Reference: MCU21/0182.01, OPW21/0291.01
                                                                                            & RAL21/0024.01
                                                                           Your Reference: n/a

                 14 May 2024


                 Darton Holdings P/L TTE
                 C/- Darton Holdings P/L TTE
                 PO Box 2021
                 NOOSA HEADS QLD 4567

                 [email protected]



                 Dear Sir/Madam,
                                            Extension to Currency Period
                                                       Planning Act 2016

                 I refer to your request received on 5 March 2024, to extend the currency period for an existing
                 development approval. On 8 May 2024, Council decided to approve your request.
                 Details of the decision are as follows:
                 1.      APPLICATION DETAILS

                     Application No:           MCU21/0182.01 & OPW21/0291.01 & RAL21/0024.01

                     Street address:           19 Werin St Tewantin Qld 4565

                     Real property description: Lot 1 RP 88534

                     Planning Scheme:          Noosa Plan 2020 (25 September 2020)

                 2.      DECISION DETAILS

                 The following type of approval was issued on 10 March 2022.
                 •       Development Permit for Material Change of Use – Dual Occupancy
                 •       Reconfiguration of a Lot – 1 into 2 Lots and Common Property
                 •       Operational Works – Engineering, Carparking and Landscaping
                 In relation to the request to extend the currency period for this approval, Council on 8 May
                 2024, decided to extend the currency period as detailed below.
                 A.      Approve the extension to the currency period for the Operational Works (OPW21/0291)
                         and Reconfiguring of a Lot (RAL21/0024)
                 B.      Amend condition 30 and 34.
                 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

                                       MATERIAL CHANGE OF USE - MCU21/0182.01
                 PLANNING
                        When Conditions must be Complied With
                 1.     Unless otherwise stated, all conditions of this Decision Notice must be complied with
                        prior to the use commencing, and then compliance maintained at all times while the use
                        continues.
                        Approved Plans
                 2.     Development undertaken in accordance with this approval must generally comply with
                        the approved plans of development. The approved plans are listed in the following table.
                        These plans must be amended in accordance with the conditions.

                           Plan No.           Rev.   Plan/Document Name                         Date

                           2B                 .      Site plan/detail survey, prepared by MAR 2021
                                                     and+design

                           3B                 .      Floor plans, prepared by and+design        MAR 2021

                           4B                 .      Elevations, prepared by and+design         MAR 2021

                           211207 02          a      Specification as prepared by Seed DEC 2021
                                                     landscape design as amended by
                                                     Conditions

                           211207 03          d      Landscape Plan as prepared by Seed FEB 2021
                                                     landscape design as amended by
                                                     Conditions

                           211207 04          d      Planting Plan as prepared by Seed FEB 2021
                                                     landscape design as amended by
                                                     Conditions

                           211207 05          d      Planting Schedule as prepared by Seed FEB 2021
                                                     landscape design as amended by
                                                     Conditions

                           211207 06          a      Details as prepared by Seed landscape DEC 2021
                                                     design as amended by Conditions

                           211207 07          b      Details as prepared by Seed landscape FEB 2021
                                                     design

                        Currency Period
                 3.     This development approval lapses if the use has not happened by 10 March 2028,
                        unless an application to extend the currency period is approved by Council.
                        Building Height
                 4.     The maximum height of the development must not exceed 8 metres above the finished
                        ground level and the natural ground level.




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                 5.     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
                 6.     Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
                        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.
                        Street Identification
                 7.     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
                 8.     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).
                 9.     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
                 10.    All air conditioning units or other mechanical equipment must be fully enclosed or
                        screened such that they are not visible from the street frontages nor adjoining properties.
                        Clothes Drying Areas
                 11.    Each dwelling unit must be provided with access to an outdoor clothes line which is
                        screened from public view.
                        Fencing and Walls
                 12.    Any street fencing must be set back an average of 1 metre from the front property
                        boundary. Any fencing on the front boundary must either:
                        a.      not exceed a maximum height of 1.2m
                        b.      be of open construction.
                 13.    Any street fencing must be articulated by stepping the design at a maximum of every
                        5m.
                 14.    The area of land between any street fence and the front property boundary must be
                        densely landscaped to screen any fencing from the street.
                 15.    Both side and rear fencing must not exceed a maximum height of 1.8m.
                        Landscaping Works
                 16.    The development site must be landscaped in accordance with PSP3 – Landscaping
                        Plants and Guidelines and generally in accordance with the approved plans.
                 17.    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.




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                 18.    All landscape works must be maintained generally in accordance with the approved
                        design for the life of the development.
                 19.    All mature trees within the road reserve must be retained in accordance with the
                        approved landscape plan unless prior written authorisation from Council is gained for
                        removal.
                 20.    The existing mature Poinciana tree located on the front/southern side boundary and
                        included within Approved Plans must be retained and protected during construction.
                 ENGINEERING
                        Site Access and Driveways
                 21.    A sealed access driveway must be provided from Werin Street to all parking and
                        manoeuvring areas of the development. The works must include in particular:
                        a.      A driveway crossover in accordance with Councils standard drawings RS-049 and
                                RS-050 and approved plan 31110-OW4.1 (Rev A) as prepared by SCG
                                Consulting.
                        b.      On site turning for vehicles exiting the site from the rear new unit.
                        Car Parking
                 22.    A minimum of three (3) car parking spaces must be provided on the site and must include
                        in particular:
                        a.      Two covered spaces; and
                        b.      One additional space.
                        Stormwater Drainage
                 23.    The site must be provided with a stormwater drainage system connecting to a lawful
                        point of discharge and be in accordance with the Queensland Urban Drainage Manual
                        (QUDM) and generally in accordance with approved plan 31110-SW1.1 (Rev A) as
                        prepared by SCG Consulting.
                        Services
                 24.    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.
                 25.    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.
                        Earthworks and Retaining Walls
                 26.    All fill and associated batters must be contained entirely within the subject site unless
                        written permission from the respective landowner(s) is provided to Council.


                                          RECONFIGURING OF A LOT – RAL21/0024.01
                        Approved Plans
                 27.    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.
                        These plans must be amended in accordance with the conditions.




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                           Plan No.           Rev.   Plan/Document Name                            Date

                           3                  .      Subdivision      Plan,     prepared      by MAR 2021
                                                     and+design

                 28.    All lot numbering on the subdivision plan to be submitted to Council for compliance
                        assessment must remain as shown on the Approved Plans.
                 29.    The development must be undertaken and operated in a manner that causes no
                        detrimental effect upon the amenity of the neighbourhood by reason of the creation of
                        excessive noise, lighting nuisance or other emissions.
                        Currency Period
                 30.    This development approval lapses if the requirements of the conditions have not been
                        completed and an application for plan seal is not lodged with Council by 10 March 2028,
                        unless an application to extend the currency period is approved by Council.
                        Community Management Statement
                 31.    Any proposed Community Management Statement required for the development
                        pursuant to the Body Corporate and Community Management Act 1997 must be
                        submitted to Council for endorsement at the same time as submission of the subdivision
                        plan to Council for compliance assessment.
                 32.    Prior to the submission of the subdivision plan to Council for plan sealing, all conditions
                        of this Development Approval, Development Approval MCU21/0182 and any associated
                        operational works approvals must be completed and accepted by Council.


                                          OPERATIONAL WORKS – OPW21/0291.01
                        Approved Plans
                 33.    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.
                        These plans must be amended in accordance with the conditions.

                           Plan No.           Rev.   Plan/Document Name                           Date

                           31110-CS           .      Operational Works: Cover Sheet as October 2021
                                                     prepared by SCG Consulting Engineers

                           31110-OW1.1        .      Operational Works: Survey & Existing October 2021
                                                     Services as prepared by SCG Consulting
                                                     Engineers

                           31110-OW2.1        .      Operational Works: Silt & Sediment October 2021
                                                     Control as prepared by SCG Consulting
                                                     Engineers

                           31110-OW3.1        B      Operational Works: Bulk Earthworks as 18  January
                                                     prepared by SCG Consulting Engineers 2022

                           31110-OW4.1        B      Operational works: Driveway & Access 18 January
                                                     as prepared by SCG Consulting 2022
                                                     Engineers




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                           31110-OW4.2       .      Operational Works: Driveway Details as October 2021
                                                    prepared by SCG Consulting Engineers

                           31110-OW4.2       A      Operational Works: Vehicle Manoeuvring 18 January
                                                    as prepared by SCG Consulting 2022
                                                    Engineers

                           31110-SW1.1       B      Operational     Works: Stormwater 18 January
                                                    Management as prepared by SCG 2022
                                                    Consulting Engineers

                           211207 02         a      Specification as prepared by Seed DEC 2021
                                                    landscape design as amended by
                                                    Conditons

                           211207 03         d      Landscape Plan as prepared by Seed FEB 2021
                                                    landscape design as amended by
                                                    Conditons

                           211207 04         d      Planting Plan as prepared by Seed FEB 2021
                                                    landscape design as amended by
                                                    Conditons

                           211207 05         d      Planting Schedule as prepared by Seed FEB 2021
                                                    landscape design as amended by
                                                    Conditons

                           211207 06         a      Details as prepared by Seed landscape DEC 2021
                                                    design as amended by Conditons

                           211207 07         b      Details as prepared by Seed landscape FEB 2021
                                                    design

                        Currency Period
                 34.    The Currency Period for this development approval lapses if the development has not
                        substantially started by 10 March 2028, unless an application to extend the currency
                        period is approved by Council.
                 PRIOR TO COMMENCEMENT OF WORKS
                        Engineering
                 35.    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.
                 36.    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.
                 37.    Certificates demonstrating currency of public liability insurance and works insurance
                        covering the works must be submitted to Council prior to the prestart meeting.
                 38.    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:




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                        a.      Civil engineering works;
                        b.      Landscape works;
                        c.      Erosion and sediment control works; and
                        d.      Other relevant parties
                 39.    A Construction Management Plan must be submitted to Council prior to the pre-start
                        meeting and must specifically address the following:
                        a.      Traffic Management during all aspects of the construct phase including:
                                i.     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;
                                ii.    Maintenance of safe pedestrian access across the frontage of the site both
                                       during daily construction and after daily construction has ceased; and
                                iii.   Proposed fencing to the site during the construction phase of the
                                       development
                        b.      Maintenance and protection of water quality and existing drainage lines through
                                the construction site through the implementation of appropriate erosion and
                                sediment control measures;
                        c.      Include a post out to the local residents and businesses advising of the proposed
                                development, the expected time frames and the site contact details;
                        d.      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;
                 40.    Any changes to the details associated with the Principal Contractor during construction,
                        must be notified to council in writing within five business days of the change occurring.
                 41.    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.
                        Landscaping
                 42.    Amended plans must be submitted to Council prior to the pre-start meeting and must
                        include the following:
                        42.1. Plant species selected for screening in particular along all boundary fences
                              including the street boundary must reach a minimum 4.6 metres at maturity. It is
                              noted for example Westringia ‘wynyabbie Gem’ reaches a height of 2 metres which
                              is not appropriate for use as a screening plant and has been included for use in
                              multiple sections of the boundaries for screening purposes on the Landscaping
                              Plan.
                        42.2. Details of the front landscaping garden including what is proposed being a 2 metre
                              wide landscaping garden along the frontage with no front fencing.
                 43.    The development site must be landscaped. The works must be undertaken in
                        accordance with the Operational Works approval OPW21/0291 and the Noosa Plan for
                        that specific area and must include in particular:
                        a.      the works shown on the Amended Plans submitted to Council;
                        b.      landscaping to the north, east and southern boundaries must create a screen with
                                a minimum height of 4 – 6 metres;
                        c.      provision of 2 street trees within the road reserve as detailed within the Approved
                                Plans and ensuring:




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                                a. Noosa Native preferred species;
                                b. 45 litre pot size;
                                c. a minimum of 1 metre behind the back of the kerb; and
                                d. NATSPEC certification.
                 44.    The existing mature Poinciana tree located on the front/southern side boundary and
                        included within Approved Plans must be retained and protected during construction.
                 45.    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.
                 46.    Prior to requesting a prestart meeting:
                        a.      Tree protection fencing must be installed under the supervision of a qualified
                                person*. (Refer to Advisory Note)
                 47.    A condition report including photographs of the frontage of the site must be completed
                        and submitted to Council at the prestart meeting.
                 DURING CONSTRUCTION
                        Engineering
                 48.    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.      The relevant conditions of the higher order Material Change of
                                Use/Reconfiguration of Lot approval viz. MCU21/0182 & RAL21/0024 to which this
                                approval relates;
                        c.      All relevant Noosa Council Planning Scheme Policies, standard drawings,
                                standard specifications and guidelines; and
                        d.      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
                 49.    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.
                 50.    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.
                 51.    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
                 52.    Trench width cuts across footpaths are not permitted. Whole footpath panels must be
                        replaced in the footpath where services are installed across footpath alignments.
                 53.    All pathway modification must be constructed in accordance with the following
                        requirements:




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                        a.      All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065.
                        b.      Provision must be made for disabled access at all kerb crossings associated with
                                pathways, in accordance with Council's current standards.
                        c.      All paths must have a slip resistant surface
                        d.      Expansion and contraction joints must provide a flush finish. Installation of joints
                                by saw cutting is preferred to ensure a smooth ride for cyclists
                        e.      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
                        Site Access and Driveways
                 54.    Driveway crossovers must be constructed in accordance with Council’s Standard
                        Drawings RS-049 and RS-050.
                 55.    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.
                 56.    The following must be complied with during the construction of the required
                        crossover/driveway:
                        a.      The driveway surfacing must consist of either an approved hot mixed asphaltic
                                concrete or patterned/plain concrete.
                        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
                        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.
                        Earthworks and Retaining Walls
                 57.    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.
                        Stormwater Drainage
                 58.    Appropriate scour protection must be provided at the outlet of all stormwater pipes
                        including temporary outlets.
                 59.    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).
                 60.    Construction of all internal stormwater drainage works must comply with the relevant
                        section/s of Australian Standard AS/NZS 3500.3.




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                        Erosion and Sediment Control
                 61.    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.
                 62.    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.
                 63.    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).
                 64.    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.
                 65.    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.
                 66.    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.




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                        Damage to Services and Assets
                 67.    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.
                        Environment
                 68.    Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994)
                        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.
                 69.    Erosion and sediment control measures must be installed and maintained to minimise
                        erosion on the site and to minimise the export of sediment and associated pollutants
                        from the site. The erosion and sediment control measures must be designed, installed
                        and maintained in accordance with current best practice standards
                        (*Refer to Advisory Notes).
                 70.    Limit soil exposure on the site to a distance of no more than 2m beyond the extent of
                        earthworks shown on the approved plans except where the exposed soil is effectively
                        stabilised without delay and prior to rainfall occurring.
                        Retention of Existing Trees and Vegetation
                 71.    All trees and vegetation identified for retention must be protected in accordance with AS
                        4970, Protection of trees on development sites by a qualified person*.
                        (*Refer to Advisory Notes).
                        Removal of Existing Trees and Vegetation
                 72.    All tree and vegetation removal works must be undertaken by a qualified person*.
                        *(Refer to Advisory Note)
                 73.    Vegetation removal or pruning must be undertaken in a manner that avoids damaging
                        surrounding vegetation and habitat.
                 74.    Fauna or fauna habitat relating to minor approved tree removal/clearing works must be
                        managed by a qualified person*.
                        *(Refer to Advisory Note)
                        Landscaping Works
                 75.    Landscape works must be supervised, undertaken and certified by qualified persons*.
                        All works must be completed in accordance with this Decision Notice.
                        (* Refer to Advisory Note)
                 76.    Landscape works must:
                        a.      Delineate all planting to grassed area interfaces with an edge as detailed within
                                the approved plans.
                        b.      Ensure amenity or sales signage and ancillary infrastructure is not installed within
                                the road reserve.
                        c.      Ensure permanent irrigation is not installed within the road reserve.




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                        d.      Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of
                                foreign matter including anthropogenic waste, rock, soil/sediment contamination
                                and is applied to all planting areas to ensure a minimum 100mm depth once
                                settled.
                        e.      Ensure finished level of all mulch in garden beds is to be a minimum of 50mm
                                below the level of the adjacent top of kerb.
                        *(Refer to Advisory Notes)
                 77.    Provision of turfed area to road frontages.
                 78.    Turfed areas must be must be free of pest, diseases and weeds and level with adjoining
                        surfaces.
                 79.    Soil for landscaping must provide for healthy and sustained site specific vegetation
                        performance.
                 80.    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.
                        Fencing and walls
                 81.    Fencing must:
                        a.      Be type, height and location as detailed within the approved higher order
                                MCU21/0182 and RAL21/0024 and approved landscaping plans.
                        b.      Be located wholly within lot boundaries.
                        c.      Have a design life commensurate with the new buildings.
                        d.      Not include CCA (copper chrome arsenic) timber products.
                        e.      Be finished in neutral colour tones that blend with the surrounding landscape.
                 FOLLOWING CONSTRUCTION / PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY
                        Certification
                 82.    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.
                 83.    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.
                        Supervision/Certification
                 84.    Prior to commencement of use the following (prepared by respective qualified persons*
                        and certifying compliance with approvals) must be submitted to Council:
                        a. Landscaping certification confirming all works have been constructed in accordance
                           with conditions of approval.
                        b. NATSPEC certification (Specifying Trees: a guide to assessment of tree quality
                           addressing each specimen).
                        (* Refer to Advisory Note)
                        Bonds
                 85.    Bonds must:
                        a.      Meet the requirements of the relevant Council Planning Scheme Policy for
                                performance and uncompleted works.




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                        b.      Be calculated using a schedule of works and relevant bond equation.
                        c.      Include GST.
                        d.      Have approval of the bond calculations and amount from Council, prior to
                                lodgement.
                        e.      Be lodged with Council and accompanied by the Bond Administration Fee/s.
                        f.      Be requested for release by writing to Council when relevant approval
                                requirements have been met.
                        On Maintenance
                 86.     Maintenance periods* must be:
                        a.      12 months for Streetscape and Amenity Landscape.
                        *(Refer to Advisory Note)
                 87.    Prior to commencement of use / requesting an On Maintenance inspection the following
                        (prepared by respective qualified persons* and certifying compliance with approvals)
                        must be submitted to Council:
                        a.      Landscaping certification.
                        b.      Specifying Trees: a guide to assessment of tree quality (NATSPEC) certification
                                (addressing each specimen).
                        Off Maintenance
                 88.    Prior to requesting an Off Maintenance inspection the developer must:
                        88.1. Provide a written request for the Off Maintenance inspection; and
                        88.2. Written request of bond release.
                        *(Refer to Advisory Note)
                 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:
                        Infrastructure Charges
                 1.     All developments and/or changes to existing developments may require payment of
                        “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges
                        Resolution” made pursuant to the planning legislation and regulations current at the time
                        of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-
                        development/development-tools-guidelines/infrastructure-charges
                        Building and Construction Industry (Portable Long Service Leave) Levy
                 2.     The QLeave levy must be paid prior to the issue of a development permit where it is
                        required. Council will not be able to issue a Decision Notice without receipt of details
                        that the Levy has been paid.




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                        General Advisory Notes
                 3.     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.
                 4.     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.
                 5.     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.
                 6.     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
                 7.     Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum
                        of 5 business days’ notice of preferred inspection time.
                 8.     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.
                 9.     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
                 10.    Tree Protection Bond may be drawn upon by Council if any trees identified for retention
                        are damaged to the point where they cannot be saved (as confirmed by the site Arborist
                        and agreed in writing by Council).
                        Environmental Advisory Notes
                 11.    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
                 12.    Accepted best practice standards include International Erosion Control Association
                        Australasia Best Practice Erosion and Sediment Control
                 13.    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).
                 14.    As a general rule, a site is determined to have achieved effective short-term stabilisation
                        if at the time of the plan sealing inspection:




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                        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.
                                If at the time of request for plan sealing, the method of short-term stabilisation has
                                not achieved a level of stability that Council's Officers believe will have a high
                                probability of achieving long term stability (i.e. until house construction has
                                occurred on all lots), Council Officers may take the following matters into
                                consideration in determining whether the site is capable of achieving medium to
                                long-term stability:
                                •      evidence that the site has been effectively stabilised in the short term;
                                •      evidence that soil has been adequately ameliorated;
                                •      evidence that seed of annual and perennial grass species has been applied
                                       at an adequate rate; and
                                •      that grass seed has germinated at a density that is likely to achieve an
                                       effective grass cover.
                        Resubmission of Amended Documents Required
                 15.    The conditions of this Decision Notice require resubmission of the referenced
                        Landscape Plans to Council with amendments. Please address the amended document
                        to Council’s Planning Assessment Branch with the Reference No. MCU21/0182, prior to
                        the Operational Works pre-start as detailed within conditions included within the
                        Decision Notice. Should the amended document not be submitted, the applicant is
                        advised that the required Operational Works pre-start meeting will not be approved.
                        Retention of Existing Trees
                 16.    The existing trees on adjoining properties must be retained and protected during
                        construction wherever achievable. To avoid doubt, this advisory note is not intended to
                        exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011
                        following construction of the development which is the subject of this development
                        approval.
                        Qualified Person
                 17.    Qualified Person, for the purpose of:
                        a.      Supervising landscape works and preparing a landscape certification, is
                                considered to be a landscape architect, landscape designer or horticulturist with a
                                minimum of three years current experience in the field of landscape design.
                        b.      Undertaking, supervising tree works and preparing arboriculture certification, is
                                considered to be a person with a minimum three years current experience in tree
                                protection, hazard identification/mitigation and Specifying Trees – a guide to
                                assessment of tree quality (NATSPEC) assessment and either:
                                i.     International Society of Arboriculture (ISA) certification; or
                                ii.    A Diploma of Arboriculture.
                 18.    Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.




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                        Landscape Works
                 19.    The applicant must pay the re-inspection fee in accordance with Council's Fees and
                        Charges Register where:
                        a.      An inspection revealed that any constructed rehabilitation/landscape works do not
                                comply with the conditions of the Decision Notice, Approved Plans and or
                                Approved Documents
                        b.      Certification is submitted to Council falsely stating that works comply with the
                                approved plans, documents and or conditions of the Decision Notice.
                        Environmental Advisory Notes
                 20.    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.
                        On Maintenance
                 21.    Request for On Maintenance is the responsibility of the developer. No credit will be
                        given due to failure to request inspection. Maintenance works are the responsibility of
                        the developer and must include regular inspections, repairs, rectifications and
                        establishment. A single maintenance run immediately prior to inspection is not
                        acceptable.
                        Off Maintenance
                 22.    A re-inspection fee in accordance with Councils Fees and Charge Register will be
                        charged where:
                        a.      A Council inspection reveals works do not comply with approval requirements.
                        b.      Submitted certification falsely states works comply with approval requirements.
                 7.     PROPERTY NOTES

                 Not applicable.
                 8.     VARIATION APPROVAL DETAILS

                 A variation approval varying the effect of the planning scheme has been granted and as such
                 the category of assessment and assessment benchmarks applying to the development
                 resulting from this approval are identified in the conditions.
                 9.     FURTHER DEVELOPMENT PERMITS REQUIRED

                  Type of Development Permit Required             Subject of the required Development Permit

                  Development Permit for Building Works           All building work.

                 10.    SUBMISSIONS

                 Not applicable.
                 11.    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.




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                 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.
                 12.      OTHER DETAILS

                 If you wish to obtain more information about the decision, electronic copies are available online
                 at www.noosa.qld.gov.au or at Council Offices.


                 Yours faithfully,




                 Samuel Osakwe
                 Development Planner



                 Enc:     Appeal Rights
                          Approved Plans/Documents



                 DECISION NOTICE HISTORY
                 •     Original Decision Notice – 10 March 2022

                 •     Decision Notice – Extension to Currency Period – OPW21/0291.01 & RAL21/0024.01 - 8 May 2024 with an amendment
                       to conditions 30 & 34.




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Page 18

                                                                                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
               228 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 –
               (Refer to Schedule 1 of the Planning Act 2016)
                                                                                                  (a) if a submitter or advice agency started the appeal in the P&E
               (2) An appellant may start an appeal within the appeal period.
                                                                                                      Court – 2 business days after the appeal has started; or
               (3) The appeal period is –
                                                                                                  (b) otherwise – 10 business days after the appeal is started.
                   (a) for an appeal by a building advisory agency – 10 business
                                                                                              (5) A notice of appeal given to a person who may elect to be a co-
                       days after a decision notice for the decision is given to the
                                                                                                  respondent must state the effect of subsection (6).
                       agency; or
                                                                                              (6) A person elects to be a co-respondent by filing a notice of election,
                   (b) for an appeal against a deemed refusal – at any time after the
                                                                                                  in the approved form, within 10 business days after the notice of
                       deemed refusal happens; or
                                                                                                  appeal is given to the person.
                   (c) for an appeal against a decision of the Minister, under chapter
                                                                                              230 Other appeals
                       7, part 4, to register premises or to renew the registration of
                       premises – 20 business days after a notice us published under          (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
                       section 269(3)(a) or (4); or                                               the Supreme Court decides a decision or other matter under this
                                                                                                  Act is affected by jurisdictional error, the decision or matter is non-
                   (d) for an appeal against an infrastructure charges notice – 20
                                                                                                  appealable.
                       business days after the infrastructure charges notice is given
                       to the person; or                                                      (2) The Judicial Review Act 1991, part 5 applies to the decision or
                                                                                                  matter to the extent it is affected by jurisdictional error.
                   (e) for an appeal about a deemed approval of a development
                       application for which a decision notice has not been given –           (3) A person who, but for subsection (1) could have made an
                       30 business days after the applicant gives the deemed                      application under the Judicial Review Act 1991 in relation to the
                       approval notice to the assessment manager; or                              decision or matter, may apply under part 4 of that Act for a
                                                                                                  statement of reasons in relation to the decision or matter.
                   (f)   for any other appeal – 20 business days after a notice of the
                         decision for the matter, including an enforcement notice, is         (4) In this section –
                         given to the person.                                                     decision includes-
               Note –                                                                             (a) conduct engaged in for the purpose of making a decision; and
                   See the P&E Court Act for the court’s power to extend the appeal
                                                                                                  (b) other conduct that relates to the making of a decision; and
                   period.
                                                                                                  (c) the making of a decision or failure to make a decision; and
               (4) Each respondent and co-respondent for an appeal may be heard
                   in the appeal.                                                                 (d) a purported decision; and
               (5) If an appeal is only about a referral agency’s response, the                   (e) a deemed refusal.
                   assessment manager may apply to the tribunal or P&E Court to
                                                                                                  non-appealable, for a decision or matter, means the decision or
                   withdraw from the appeal.
                                                                                                  matter-
               (6) To remove any doubt. It is declared that an appeal against an
                                                                                                  (a) is final and conclusive; and
                   infrastructure charges notice must not be about-
                                                                                                  (b) may not be challenged, appealed against, reviewed, quashed,
                   (a) the adopted charge itself; or
                                                                                                      set aside or called into question in any other way under the
                   (b) for a decision about an offset or refund-                                      Judicial Review Act 1991 or otherwise, whether by the
                                                                                                      Supreme Court, another court, a tribunal or another entity; and
                         (i)   the establishment cost of trunk infrastructure identified in
                               a LGIP; or                                                         (c) is not subject to any declaratory, injunctive or other order of
                                                                                                      the Supreme Court, another court, a tribunal or another entity
                         (ii) the cost of infrastructure decided using the method
                                                                                                      on any ground.
                              included in the local government’s charges resolution.
                                                                                              231 Rules of the P&E Court
               229 Notice of appeal
                                                                                              (1) A person who is appealing to the P&E Court must comply with the
               (1) An appellant starts an appeal by lodging, with the registrar of the
                                                                                                  rules of the court that apply to the appeal.
                   tribunal or P&E Court, a notice of appeal that-
                                                                                              (2) However, the P&E Court may hear and decide an appeal even if
                   (a) is in the approved form; and
                                                                                                  the person has not complied with the rules of the P&E Court.
                   (b) succinctly states the grounds of the appeal.
               (2) The notice of appeal must be accompanied by the required fee.




Document Set ID: 23016595
Version: 3, Version Date: 14/05/2024                                                                                                              Page 18 of 18

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