Referral Agency Response - Minor Change - Planning RAP21 0021.01

Officer: 	Nadine Gorton
Direct Telephone: 	07 53296215
Our Reference:	RAP21/0021.01
Your Reference:	n/a
23 August 2022
Pure Building Approvals
PO Box 1632
BUDERIM  QLD  4556

[email protected]
Dear Sir/Madam,
Referral Agency Response – Minor Change
Planning Act 2016
I refer to your application received on 12 July 2022, requesting a minor change to an existing development approval. Council, as a concurrence agency, decided your requested changes. Details are as follows:
application details
Application No.	RAP21/0021.01
Street Address:	3 Bowman Tce Sunshine Beach Qld 4567
Real Property Description:	Lot 728 RP 865308
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 29 November 2021.
Development Permit for Building Works (Detached House)
In relation to the request to make a minor change to the existing approval, Council on 19 August 2022, decided to approve the requested changes. The changes are detailed below:
Approve the change.
Amend condition 2
Include the additional conditions 26 and 27.
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
1.02	A	Site plan, prepared by Archidiom	08.07.2022
2.01	C	Basement Level, prepared by Archidiom	08.07.2022
2.02	C	Ground Level prepared by Archidiom	08.07.2022
2.03	C	Upper Level, prepared by Archidiom	08.07.2022
2.04	C	Roof Plan, prepared by Archidiom	08.07.2022
3.01	C	Elevations 1 & 2, prepared by Archidiom	08.07.2022
3.02	C	Elevations 3 & 4, prepared by Archidiom	08.07.2022
4.01	C	Sections A,B and C, prepared by Archidiom	08.07.2022
4.02	C	Sections D & E, prepared by Archidiom	08.07.2022
Building Height
The maximum height of the development must not exceed 8.0 metres 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 Concurrence Agency response is no longer valid if the use has not commenced within 4 years of the date of this notice, unless otherwise extended in writing by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 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 consist of soft landscaping.
ENGINEERING
Site Access and Driveways
A sealed access driveway must be provided from Bowman Terrace to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and generally in accordance with SCG’s plan 3129-C1, titled “Driveway Profile Design” – amended so as to ensure that a B99 will not bottom out/scrape on either the road formation or the driveway.
Stormwater Drainage
Private drainage structures must be wholly contained within the subject site.
Stormwater runoff from the development must be disposed of without causing scour or damage to the subject site or any adjoining property. The works must be undertaken in accordance with a site specific Stormwater Management Plan (SWMP), prepared by a suitably qualified person.
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 stormwater drainage discharge from the development must be carried out in accordance with a professionally prepared engineering plan in compliance with the applicable standards and best engineering practices.
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.
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.
Geotechnical Stability
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 be carried out in accordance with a Geotechnical Report (or part thereof) prepared by a qualified person* and endorsed through the Building Permit. The geotechnical report must identify the building foundation requirements and stability considerations necessary for the stability of the subject site (and associated ancillary structures) and the adjoining properties for the longer term.
*(Refer to Advisory Notes)
The site specific geotechnical report must be consistent with the site specific SWMP’s recommendations.
All earthworks and associated foundations/footings, 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.
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 approved plans and best practise methods and that the development will remain stable in the longer term. *(Refer to advisory Note)
Earthworks and Retaining Walls
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. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
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.
Additional Conditions – 23 August 2022
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Existing trees on the site must be retained, except where required to be removed to accommodate the approved dwelling. Where existing vegetation at the front of the site is unable to be retained, replacement tree species in accordance with Councils Planning Scheme Policy 2 – Landscaping are to be provided.
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.
ENGINEERING
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.
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,

Nadine Gorton
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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