Decision Notice - Council Meeting Decision RAL21 0033

Officer: 	Nadine Gorton
Direct Telephone: 	07 53296215
Our Reference:	RAL21/0033
Your Reference:	0330
20 June 2022
Mark Bain Constructions Pty Ltd
C/- Pivotal Perspective Pty Ltd
95/3 Hilton Tce
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 16 June 2022, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	RAL21/0033
Street address:	60 Glenridge Dr Cooroibah Qld 4565
Real property description:	Lot 47 RP 860577
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval has been issued:
Development Permit to Reconfigure a Lot (1 Lot into 8)
currency period of approval
The Currency Period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
Development undertaken in accordance with this approval must generally comply with the approved plans of development detailed below. These plans must be amended in accordance with the conditions.

Plan No.	Rev.	Plan/Document Name	Date
21598-P001	D	Locality and Site Plan	23.05.2021
21598-P002	C	Roadworks and Drainage details	05.05.2021
21598-P003	E	Earthworks Plan	23.05.2021
Doc 21598_RP1	B	Tod Engineering Report in support of Development Application	24.03.2021
J001001 RP01 to RP04	B	Vegetation Management and Covenant Area Rehabilitation Plan Concept V2 prepared by North Coast Environmental Services	05.05.2022
21-0288 FS001	V5	Flood Investigation by Peak Urban	05.05.2022
J002001 RP05	B	Fencing Plan (issue B V2)	05.05.2022
J1001001	V2	Bushfire Hazard Assessment and Management Plan prepared by North Coast Environmental Services	05.05.2022
All works are to be carried out generally in accordance with the Flood Investigation – 60 Glenridge Dve, Cooroibah Version 5 prepared by Peak Urban dated 05/05/2022.
All buildings and structures must be located within the building envelopes shown on Plan 21598-P001 Rev D, prepared by TOD, 23.05.2022, as amended by this approval.
Buildings within the proposed Lots are to be provided with finished floor levels in accordance with Table 4-5 of the approved flood investigation report, unless a higher standard is defined in the Planning Scheme at the time of lodgement of application for Building Works
Unless otherwise stated, all works required by the conditions of this Decision Notice as relevant to each particular stage must be completed prior to submission of the subdivision plan to Council for compliance assessment for the particular stage.
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
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 16 June 2026 unless an application to extend the currency period is approved by Council.
Plan of Development
All future dwellings on the approved lots must be sited and constructed in accordance with the approved building envelopes and dwelling controls (ie. the “Plan of Development”) shown on the Approved Plans. A copy of the approved Plan of Development must be included in the contract of sale for the approved lots, together with a clause which requires future dwellings to be constructed in accordance with it.
The applicant must prepare a metes and bounds building envelopes plan indicating House site areas and effluent disposal areas for the proposed lots. The areas must be in accordance with the approved plans as amended by these conditions. The plans must be submitted in both hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates. The applicant must submit the plans to Council for approval prior to the endorsement of the Plan of Survey.
Covenant
Vegetation protection covenants must be registered against the titles of the properties over the land areas defined as the covenant areas as identified within Locality and Site Plans Rev D prepared by TOD Consulting Engineers and Project Managers on the Approved Plans pursuant to Section 97A of the Land Title Act 1994. The covenant document and a survey plan must be submitted to Council for endorsement prior to lodgement with the relevant titles authority for registration of title. The covenant document must:
a.	incorporate the requirements of this Decision Notice;
b.	include Noosa Council as Covenantee;
c.	reference Queensland Land Title Registry Standard Terms Document No. 715597513;
d.	reference the Vegetation Management and Covenant Area Rehabilitation Concept Plan;
e.	reference the Covenant Area Management Plan (or similar);
f.	reference the Bushland Rehabilitation Program (or similar);
g.	reference the Firebreak Trail Specification;
h.	reference the Bushfire Hazard Assessment and Management Plan;
i.	detail no fence construction to occur in covenant areas and fire break trail; and
j.	reference the requirement for minimum 1.2m metre high dog proof fence along the entire common boundary of the vegetation protection covenants.
k.	detail any future fencing around the external boundaries of the site to be fauna friendly.
l.	allow the developer and his representatives to maintain the rehabilitation within the Covenant Areas on all Lots during the entire maintenance period.
The vegetation protection covenant areas within each Lot must result in an area of not less than the areas detailed within the Locality and Site Plans 21598-P001 Rev D prepared by TOD Consulting Engineers and Project Managers and as amended by conditions of this approval.
If a provision included in the covenant document is requisitioned or refused registration by the relevant titles authority, a substitute provision must be included in the document which as nearly as practicable addresses the objective sought by the requisitioned or refused provision. The wording of the substitute provision must be agreed by Council.
Staging
The development is to be staged in accordance with the Locality and Site Plans 21598-P001 Rev D prepared by TOD Consulting Engineers and Project Managers and as amended by conditions of this approval with proposed Lot 8 requiring rehabilitation to be installed in accordance with an Operational Works Approval prior to the sealing of the Survey Plan for Stage 1.
Stage 2 area must be maintained and managed until commencement of Stage 2 to not cause environmental impacts including but not limited to erosion and sediment control, weed invasion control, fire mitigation measures (e.g. mown grass).
Land Rehabilitation
Rehabilitation works must be undertaken in accordance with the Approved Vegetation Management and Covenant Area Rehabilitation Concept plan and in accordance with an Operational Works approval and the Noosa Plan 2020 and Planning Scheme Policy - PSP 2 Landscaping with the exception of:
15.1 	The inclusion of additional maintenance schedule requirements within the Vegetation Management and Covenant Area Rehabilitation Concept plan including:
15.1.1	Weed management to maintain a weed free zone around each planted tubestock, mulch replenishment when required. Watering when required.
15.1.2 	Tree guarding of species susceptible to fauna damage.
15.1.3	Replacement of all dead tubestock.
15.1.4 	3 Monthly (or as required) weed maintenance within the assisted natural regeneration areas.
The inclusion of additional rehabilitation Performance Objectives including:
15.2.1	Rehabilitation works must meet the following Performance Criteria for:
Year One – 12 months after installation:
Planted trees have achieved an average height of 1m.
Planted shrubs have achieved an average height of 0.4m.
Year Two - 24 months after the installation:
Planted trees have achieved an average height of 2m.
Planted shrubs have achieved an average height of 1m.
Year Three - Final acceptance installation:
Planted trees have achieved an average height of 3m.
Planted shrubs have achieved an average height of 1.2m.
Canopy and / or vegetative strata must not be devoid for any area greater than 1.0m2 within any 10m2 sample.
Plant density shading out and/or self-mulching.
The duration of the establishment period:
Adherence to maintenance regime for rehabilitation and revegetation areas.
No evidence of woody weeds reshooting from stumps, poisoned trees or the regrowth of cut stumps.
No evidence of over-weeding or impact on non-target species.
Signs of indigenous recruitment in rehabilitation areas.
Weed infestations less than 5% of the rehabilitation areas.
Any failed plants within the previous 12 month period have been replaced.
Healthy and vigorous growth allowed to grow to full form.
Mulch layer sufficient to suppress weeds.
Prior to the Operational Works Approval prestart meeting for the rehabilitation works of Stage 1, a bank guarantee or a bond of $30,000 must be lodged as security for the completion of the rehabilitation works and three year performance maintenance period identified in the conditions of this approval.
The following amounts of the bank guarantee/bond may be returned at the end of each performance criteria year following Council approval as follows:
a.	Year 1 - $10,000
b.	Year 2 - $10,000
c.	Year 3 - $10,000
Prior to the Operational Works Approval prestart meeting for the rehabilitation works of Stage 2, a bank guarantee or a bond of $60,000 must be lodged as security for the completion of the rehabilitation and three year performance maintenance period identified in the conditions of this approval.
The following amounts of the bank guarantee/bond may be returned at the end of each performance criteria year following Council approval as follows:
a.	Year 1 - $20,000
b.	Year 2 - $20,000
c.	Year 3 - $20,000
Council reserves the right to stop and start the maintenance period depending on performance.
A Covenant Area Management Plan (or similar) and a Bushland Rehabilitation Program (or similar) must be prepared by a qualified person* and endorsed through an Operational Works approval.
The land areas defined as vegetation protection covenants on the subject site identified for rehabilitation on the Approved Plans must be rehabilitated* and all weed species listed in the following standards and legislation removed:
a.	Declared plants under the Land Protection (Biodiversity Act 2014 and sub-ordinate Regulation 2016).
b.	Noosa Local Government Area Pest Management Plan 2015-2019.
c.	Undesirable Species as listed in Planning Scheme Policy 3 Landscaping Plants and Guidelines.
The works must be undertaken in accordance with an Operational Works approval.
*(Refer to Advisory Note)
A “no clearing zone” must be established and maintained over the land area defined over the area identified as vegetation protection covenants on the Approved Plans. The following activities must not be carried out within the no clearing zone:
a.	clearing, cutting down, poisoning, lopping or pruning of native vegetation which is indigenous to, or planted within, the zone.
b.	soil/spoil dumping and/or compacting.
c.	soil excavation, other than for planting indigenous native plants or for works which are a natural consequence of this approval.
The following exceptions apply:
i.	declared plants under the Biosecurity Act 2014, and any Council Listed Environmental Weeds, Undesirable species, Exotic Grasses and other plants identified in writing by Council.
ii.	indigenous native trees which pose a well-founded threat to persons or property as approved in writing by Council.
iii.	controlled bushfire burns to maintain ecological processes subject to submission of a Bushfire Management Plan and agreed in writing by Council.
All rehabilitation and re-vegetation of the vegetation protection covenant areas must be installed prior to Council endorsement of the Plan of Survey for each stage.
Retention of Existing Trees
Existing trees on the site and in the Council road reserve must be retained in accordance with an Arborist Report for the development prepared by a qualified person* and referenced in a Development Permit for Operational Works.
*(Refer to Advisory Note)
The performance bond:
a.	may be drawn upon by Council in its entirety if any one tree identified for retention is damaged to the point where the tree cannot be saved (as confirmed by the project arborist and agreed in writing by Council).
b.	will be returned upon practical completion of all the operational works relating to this development.
The tree/s identified for retention in the conditions of this approval listed within this Decision Notice must be maintained in good health for the life of the tree.
Vegetation Management
An arborist’s report prepared by a suitably qualified person* is to be submitted for approval as part of the operational works application/s. The purpose of the arborist’s report is to identify the vegetation proposed to be removed on site. The vegetation to be retained in the vicinity of vegetation to be removed must be identified and tree protection measures detailed within the report.
The works must be undertaken in accordance with an Operational Works approval.
(*Refer Advisory Note)
Works within Protected Land
The following works must be undertaken for each stage within the land to be covered by the vegetation protection covenants prior to the submission of the sealing of the survey plan:
a.	Treatment and control of declared plants under the Biosecurity Act 2014 and all undesirable species as listed in Planning Scheme Policy 3 Landscaping Plants and Guidelines to prevent regrowth.
b.	Plantings in accordance with the Approved Vegetation Management and Covenant Area Rehabilitation Concept plan and a Covenant Area Management Plan (or similar) and a Bushland Rehabilitation Program (or similar) prepared by a qualified person* and endorsed through an Operational Works approval.
c.	Removal of any structures, debris or materials foreign to a natural environment
The works must be undertaken in accordance with an Operational Works approval.
*(Refer to Advisory Note)
Fauna Management
Vegetation must only be removed or disturbed in accordance with a Fauna Management Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational Works approval.
*(Refer to Advisory Note)
Any domestic cats kept at all Lots must be permanently confined within buildings and/or cat enclosures for the purpose of protecting proximate wildlife. A clause must be included in the contract of sale which alerts purchasers to the requirement of this condition.
Fencing to Protected Land
A permanent fence must be constructed around the entire perimeter of the vegetation protection covenant area. The fence must be constructed in accordance with an Operational Works approval and must be to the following specification:
a.	Fauna friendly fencing on all covenant boundaries (1.2 metres high, 3 strand plain wire (no barb), Bottom strand no less than 300mm off the ground;
b.	1.2 metre high dog proof fence along the entire common boundary to the vegetation protection covenants.
c.	Include A5 sized signage with the wording “Vegetation Protection Covenant Area – No domestic animals” every 15m, durable, weather resistant and visually complementary to the natural environment.
Community Awareness of Protected Land
An Environmental Awareness and Education Brochure must be prepared and provided to all purchasers with the contract of sale. The brochure must provide educational information regarding the significance of the Vegetation Protection Covenant, the requirements of maintaining the Vegetation Protection Covenant and the potential negative impacts that may result from some resident activities such as the keeping of domestic pets, the disposal of green wastes, and etc.
Landscaping Works
The development site must be landscaped. The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and PSP2 – Landscaping and must include in particular:
a.	provision of 1 street tree within the road reserve for every 8 metres of new road.
b.	removal of all weeds species listed in the following standards and legislation.
c.	declared plants under the Land Protection (Biodiversity Act 2016 and sub-ordinate Regulation 2016).
d.	The Noosa Council Biosecurity Plan 2020.
All landscape works must be established and maintained in accordance with horticultural best practice with construction techniques that allow for healthy, sustained and vigorous plant growth. All plant material must be allowed to grow to full form.
All entry statements, fences, batters, retaining walls and buffer plantings must be located entirely within private land and not within the public road reserve.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Estate Entrance Feature
Any proposed estate entrance feature must:
a.	reflect a subdued local character, rather than an overbearing or contrived statement.
b.	comprise feature vegetation (either existing or planted) in preference to built forms.
c.	integrate with the landscape design of the balance of the estate.
d.	be constructed of durable and low maintenance materials.
e.	be treated with a graffiti resistant coating.
f.	not restrict pedestrian access.
g.	Any estate entrance works must be undertaken in accordance with an Operational Works approval.
Easements
A 20 metre wide continuous easement for fire break trail purposes must be registered against the title of each new lot. The easement must be:
a.	In favour of Council and Fire Services.
b.	Located over the land area defined by ‘Firebreak fire trail’ on the subject site identified on the Fire Break Trail Specification within the approval plans.
c.	Located outside of the proposed covenant area.
d.	Have no fencing between lots.
e.	A continuous alignment through the lots.
The Grantor is responsible for all maintenance and costs associated with the 20 metre wide easement.
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.
Bushfire Management – Reconfiguration Requirements
All reconfiguration works must be carried out in accordance with the approved Bushfire Hazard Assessment and Management Plan.
*(Refer Advisory Note)
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the bushfire management conditions of this Decision Notice.
*(Refer Advisory Note)
The following clauses must be included in the contract of sale for all Lots which requires:
a.	future dwellings to be constructed within the building envelopes shown on the Approved Plans AND in accordance with the approved Bushfire Hazard Assessment and Management Plan.
b.	the trafficable fire break trail to be maintained, include unlocked 4m wide gates allowing access to Council and Fire Services and ensure compliance with the QLD SPP Bushfire 2019 firebreak trail specifications.
c.	All future dwellings are to provide a dedicated 10,000 litre water supply for firefighting purposes.
A Landholder Bushfire Information Kit is to be provided to all new owners detailing the performance requirements of the trafficable firebreak fire trails
Road & Park Names
The proposed names of roads must be lodged with the application for a Development Permit for Operational Works. Names are to be
a.	Relevant to Australian, preferably local, history, flora, fauna, culture, landscape or physical characteristics.
b.	If used, personal names should commemorate persons who have contributed significantly to the development of the region; demonstrated outstanding levels of civic service; or achieved role-model status in the wider community or donated property or funds for community benefit; and be recognised in memoriam.
c.	Park names should be unique within the locality.
d.	Approval will not be given to a name that may be construed as advertising, is more than one word, understanding that a geographic relationship such as Cooroy Mountain is permissible; is insensitive to diverse cultures and does not accord with community standards; and is not concise, easy to pronounce and spell and be without accent marks, apostrophes or hyphens.
e.	Approval will not be given to a name that is the same or similar to the name of another road in the Shire, or of a road in close proximity in a neighbouring Shire. Names that are not easily pronounced, or may cause confusion to emergency services are to be avoided.
f.	All street signs on new roads (public and private) and parks shall be erected prior to works being accepted on maintenance.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
a.	the setback/s to any new boundaries for any existing buildings remaining on the site comply with the relevant provisions of the planning scheme and the Building Act 1975, unless varied by this Decision Notice.
b.	all constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement.
c.	all utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement.
d.	all existing effluent disposal areas are wholly located within the lot they serve and comply with the boundary setback requirements of the Plumbing and Drainage Act 2002 and associated codes and requirements.
e.	all dams (including ponded water, dam walls and associated spillway structures) are wholly located within the boundaries of a single lot.
f.	all retaining walls and structures are fully contained within the lot they retain any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties.
External Works
The table drains in the verge areas in the frontage of the subject site to Glenridge Drive must be reconstructed to be free draining. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a.	The frontage of proposed Lot 8 must be completed prior to the sealing of the survey plan for Stage 1.
b.	The remainder of the frontage, including the proposed intersection, must be completed prior to the sealing of the survey plan for Stage 2. The intersection must be constructed generally in accordance with drawing No. 21598-P002, Revision D prepared by TOD engineers.
Condition 48 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
A new intersection must be constructed joining Glenridge Drive with the new road. The works must be undertaken in accordance with an Operational Works approval and be completed prior to the sealing of the survey plan for Stage 2. The intersection must be constructed generally in accordance with drawing No. 21598-P002, Revision C prepared by TOD engineers, the Engineering Report Document No. 21598_RP1, Revision B prepared by TOD engineers dated 24 March 2022 and must include in particular:
a.	an intersection with vehicle priority maintained on Glenridge Drive
b.	provision of sight distances adequate for the design speed of the road
c.	truncation of the new property boundaries
Condition 49 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
New Roads
The new road as shown on the Approved Plans must be constructed and dedicated as “road”. The works must be undertaken in accordance with an Operational Works approval and be completed prior to the sealing of the survey plan for Stage 2. The works must include in particular:
a.	a reserve width of 20 metres with widening at the cul-de-sac head and generally in accordance with the approved plan
b.	a cross section generally in accordance with drawing No. 21598-P002, Revision C prepared by TOD engineers
c.	a cul-de-sac head generally in accordance with drawing No. 21598-P002, Revision C prepared by TOD engineers and Council’s Planning Scheme Policy 6 – Engineering Design Standards
d.	table drains and culvert drainage generally in accordance with drawing No. 21598-P002, Revision C prepared by TOD engineers and the approved flood investigation
Condition 50 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Property Access and Driveways
A residential driveway must be constructed to all lots in the relevant stage. The works must be undertaken in accordance with an Operational Works approval and:
a.	be generally in accordance with drawing No. 21598-P002, Revision C prepared by TOD engineers and
b.	be generally in accordance with Council’s Standard Drawing RS-056 and any associated addendum
c.	include the access driveway servicing Lots 3 & 5.
The existing vehicle access to McKinnon Drive is to be wholly removed and the area revegetated as part of these works.
Vehicle access to Lots 1 - 8 is limited to the constructed driveway only.  A clause must be included in the contract of sale for Lots 1 - 8 which requires vehicle access to be from the constructed driveway only, and which prohibits the driveway from being relocated without Council agreement.
The following property notation, or similar, will be added to Council’s rates records for Lots 1 – 8:
Private Certifiers, owners and prospective purchasers are notified that special access requirements apply to this parcel of land. Contact Council's Planning Department for Details.
Vehicle access to Lots 1 to 8 is limited to Glenridge Drive and the new road only. A clause must be included in the contract of sale for Lots 3 and 4 which prohibits vehicle access being taken from McKinnon Drive.
The following property notation, or similar, will be added to Council’s rates records for Lots 3 and 4:
No vehicle access is permitted to this property from the McKinnon Drive.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Services
Underground reticulated electricity and telecommunication services must be provided to Lots 1 - 7 in accordance with the standards and requirements of the relevant service provider.
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex and NBN) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Easements for drainage purposes must be registered in favour of Council against the title of all lots. The easements must fully contain those parts of the subject site below the 1%AEP flood level.
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 fill and associated batters must be undertaken in accordance with an Operational Works approval, and be generally in accordance with drawing No. 21598-P003, Revision E prepared by TOD engineering dated 2305.2022 and the approved flood investigation or as amended by conditions herein. The earthworks must be completed prior to the sealing of the survey plan for Stage 2.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
a.	where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
b.	where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 9, Division 4, Subdivision 2, Table 1 – Reconfiguring a lot within 25m of a State transport corridor	The agency provided its response on 11 February 2022 (Reference No. 2201-26714 SRA). A copy of the response is attached
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
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.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction.
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased.
proposed fencing to the site during the construction phase of the development.
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads.
provision for worker car parking.
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details.
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Qualified Person
For the purpose of preparing a Landscape Plan, a qualified person is considered to be a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
For the purpose of preparing an Arborist Report, a qualified person is considered to be a person with either:
ISA certification; or
a Diploma of Arboriculture; and
a minimum of 3 years current experience in the field of arboriculture.
For the purpose of preparing a Rehabilitation Plan, a qualified person is considered to be a landscape architect, Environmental Engineer or ecologist with a minimum of 3 years current experience in the field of landscape design.
For the purpose of preparing a Fauna Management Plan, a qualified person is considered to be an ecologist with a minimum of 3 years current experience in the field of fauna assessment and management.
property notes
The following property notes will be placed against the subject property in Council’s property record system:
Property Access Driveway
The following notation applies to the approved lots:
Private Certifiers, owners and prospective purchasers are notified that special access requirements apply to this parcel of land. Contact Council's Planning Department for details.
Property Access
The following notation applies to approved lots 3 and 4:
No vehicle access is permitted to this property from the McKinnon Drive.
Property Access
The following notation applies to the approved lots:
The access road to this property may be cut during flood periods. No alternative access is available.
Vegetation Protection Covenant
The following notation applies to the approved lots:
A Vegetation Protection Covenant applies to this lot. No clearing of vegetation is to occur within the covenanted area, except where in accordance with the terms of the covenant.
Ecological Preservation
The following notation applies to the approved lots:
To ensure the protection of vegetation on this lot, any dwelling on this lot is required by Council Approval RAL21/0033 to be constructed within the building envelope nominated on the approved Lot Reconfiguration proposal plan (see Council file reference RAL21/0033).
A “no clearing zone” applies to this property for the purpose of vegetation protection. The landowner must maintain the property in accordance with the ecological preservation conditions of Council Approval RAL21/0033.
Bushfire Management
The following notation applies to the approved lots:
To ensure the safety of people and property on this property is maintained, all buildings and structures must be sited and constructed in accordance with the bushfire management conditions of Council Approval RAL21/0033 and associated Operational Work approvals.
Control of Domestic Cats
The following notation applies to the approved lots:
Domestic cats are permitted on this lot provided that they are permanently confined within buildings or cat enclosures. This requirement is designed to protect lower canopy and ground nesting and feeding birds which occur proximate to the lot.
Building Envelopes
The following notation applies to the approved lots:
All buildings and structures must be located within the building envelopes registered over this lot.
Finished Floor Levels
The following notation applies to the approved lots:
In order to achieve appropriate levels of flood immunity, all buildings and structures must be provided with finished floor levels in accordance with Table 4-5 of ‘Flood Investigation – 60 Glenridge Dve, Cooroibah Version 5’ prepared by Peak Urban dated 05/05/2022 unless a higher standard is defined in the Planning Scheme at the time of lodgement of application for Building Works. This flood report is available from Council under development permit number RAL21/0033.
variation approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Roadwork, Stormwater, Earthworks, Landscaping, Rehabilitation, Electrical.
submissions
Not applicable.
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.

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

Yours faithfully,
Kerri Coyle
Manager Development Assessment

Enc:	Referral Agency Response
Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents

cc.	SARA at DILGP
Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/
(for assistance, contact DILGP at 5352 9701 or email [email protected])

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

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

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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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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 24 of 25

[Attachment: image1.png (image text)]
K Coy fs


[Attachment: image12.png (image text)]
2201-26714 SRA

11 February 2022

 


[Attachment: image2.png (image text)]
ee) NOOSA COUNCIL


[Attachment: image5.png (image text)]
 

 

Queensland
Sonernment

SARA reference: 2201-20714 SRA
(Council eference: — RAL2O0%3
‘Applicant reference: 0330

11 February 2022
Chief Executive Officer
‘Noosa Shire Council
POBox 141

Tewantin Qld 4565
‘[email protected]

Attention: Nadine Gorton

Dear Ms Gorton

SARA response—60 Glenridge Drive, Cooroibah (Lot 47 on
RP860577)
(Reteral agency response given under secon 50 of te Flaming Act 2076)

‘The development application described below was confirmed as property referred by the State
‘Assessment and Referral Agency (SARA) on § January 2022.

 

 

Response

‘Outcome: Referral agency response — with conditions.

Date of response: 11 February 2022

Conations: “The conditions in Attachment 1 must be atached to any

development approval

Avice: ‘Advice to the applicants in Attachment 2.

Reasons: “The reasons forthe referral agency response are in Attachment 3.

Development details

Description: Development permit Reconfiguring a lot for 1 lot into 8 lots

‘SARA role: Refer Agency

‘SARA tigger: ‘Schedule 10, Part 8, Division 4, Subdivision 2, Table 1 tem 4
(Planning Regulation 2017)

‘South East Queensland (Nor) regional
oe

Hike Aer Buicng Level 3, 12 Fist
‘Averae Martyr
Page 1087 POBox 1128, Maroochydore QLD 4555

 


[Attachment: image6.png (image text)]
‘220120714 SRA

‘State transport coridore and future state transport corridors

‘SARA reference: 2201-26714 SRA
Assessment Manager: ‘Noosa Shire Counc
‘Street adsress: 60 Glenridge Drive, Cooroibah
Real propery description: Lot 47 on RP8S0S77
‘Applicant name: Mark Bain Constructions Pay Lid
Applicant contact details: CI. Pivotal Perspective Pty Lia
“459 Mary St
Noosavile ala 4565
[email protected] au
Representations

 

“in applicant may make represeriaions fo a Concurrence agency, at any time betore the application =
decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules)
Copies ofthe relevant provisions are in Attachment 4.

‘A copy of ths response has been sent to the applicant for their information.

For further information please contact Caroline Plank, Senior Planning Offer, on (07) 5352 9709 or via,
‘email [email protected] au who willbe pleased to assist.

‘Yours sincerely

‘Garth Nolan
‘Manager (Planning)

22 _Mark Bain Constructions Pry Lid Ci- Pivotal Perspective Py Lid, sck@pivetalperspective com au

lene Attachment 1 - Rafer ageney conditions
‘Astachmant 2-Advies tothe pplieant
‘Astachmant 3- Reasons for efaral agency response:
‘tachment 4 - Representaions provisions
‘Atachment 5 - Approved plans and specfestions

‘State Aasessment an Refer Agnoy Page 207


[Attachment: image7.png (image text)]
Attachment 1—Referral agency conditions

‘ma0n26714 SRA

 

‘Under section €6(1b)i) of the Planning Act 2076 the folowing conditions must ba tached to any development
‘approval eating to this application) (Copies of he plans and specications referenced below are found at

 

 

 

‘tachment §)
No,_| Conditions: Condition timing
Reconfiguring a lot
Panning Regulation 2017, Schedule 10, Part 9, Division 4, Subdivision 2, Table 1, Item 1 — State

admins

‘transport corridors and future state transport comidors—The chief executive administering the Planning
‘Act 2016 nominates the Director-General of Department of Transport and Main Roads to be the
‘enforcement authority for the development to which this development approval relates forthe

istration and enforcement of any matter relating to the following conditions:

 

1

“The building envelopes must be located generally in accordance with
the following pian:
‘+ Locality & Site Plans, prepared by TOD, dated 08.1221,
reference 21598-PO01, revision A.

Prior to submitting the
Pian of Survey to the
local goverment for
‘approval

 

(@) Stormwater management of the development must ensure no
‘worsening or actionable nuisance to the state-controlled road,
(©) Any works on the land must not
(create any new discharge points for stormwater runoff onto
the state-controlled road;

(i) interfere with andlor cause damage tothe existing
stormwater drainage on the state-controlled road;

(Gi) surcharge any existing culvert or drain on the state-
‘controled road;

(iv) reduce the qualty of stormwater discharge onto the state-
‘controlled road.

(¢) RPEQ certification with supporting documentation must be
provided to the North Coast Region, Development Assessment
‘Team, via North.Coast [email protected], (07) 5451 7055
“within the Department of Transport and Main Roads, confirming
‘that the development has been designed and constructed in
‘accordance with parts (a) and (b) ofthis concition.

(@) Atal imes

(0) Atall imes

(©) Prior to submiting
the Plan of Survey
to the local
‘goverment for
‘approval

 

Direct access is not permitted between McKinnon Drive and Lot 47
(on RP8EOS77.

‘Atalltimes

 

 

(@) The existing vehicular property access located between Lot 47
‘on RP860S77 and MeKinnon Drive must be permanently closed
and removed.

(©) The area between the pavement edge and the property
boundary must be reinstated to match the surrounding area, in
accordance with Department of Transport and Main Roads’ Road
Panning and Design Manual, at no cost to the Department of
“Transport and Main Roads.

 

 

Prior to submitting the
Pian of Survey to the
local goverment for
‘approval

 

 

‘State Aasessment an Refer Agnoy

Page Set?

 


[Attachment: image8.png (image text)]
‘ma0n26714 SRA

Attachment 2—Advice to the applicant

 

 

General advice

7] Terms and phrases used in this document are defined in the Planning Act 2076 its regulation or
the State Development Assessment Provisions, version 2.6. Ifa word remains undefined it has
its ordinary meaning.
2. _ | Road works approval
Under section 33 of the Transport infrastructure Act 1994, written approval is required from the
Department of Transport and Main Roads to carry out road works on a state-controlled road
including closure of the access,

 

 

 

Please contact the Department of Transport and Main Roads on
North Coast [email protected] to make an application for rad works approval. This
approval must be obtained prior to commencing any works on the state-controlled road
reserve. The approval process may require the approval of engineering designs ofthe
proposed works, ceried by a Registered Professional Engineer of Queensiand (RPEQ).
Pease contact the Department of Transport and Main Roads as coon as possible to ensure
that gaining approval does not delay construction.

‘3. | Public utility works and connection approval

“The applicant is advised that if any works andlor connections are required to public utility
‘services within a state-controlled road reserve, approval must be given by the Department of
‘Transport and Main Roads under the relevant publi utility legislation (electricity, water/sewer,
telecommunication), and in accordance with Department of Transport and Main Roads’
‘technical standards (TN163). Approvals must be obtained prior to commencing any utility works
within the state-controlled road reserve. Please contact the public utity team via
[email protected],gov.au for further information on the application and approval process.

 

 

 

 

 

‘State Aasessment an Refer Agnoy Page dof7

 


[Attachment: image9.png (image text)]
‘ma0n26714 SRA

Attachment 3—Reasons for referral agency response
(Given under secon 257) ofthe Panning Act 2076)

 

‘The reasons for the department's decision
‘+ The development application is for a development permit for reconfiguring a lot, for one lot into 8 rural
residential lots.
‘+ The developmentis on Lot 47 on RP8G0S77, which is located at 60 Glenridge Drive, Cooroibah
(cubject ste).
“The subject site is within 25m of a state-controlled road, McKinnon Drive.
“The development does not propose access tothe state-controlled road; access is to local road,
Glenridge Drive.
“There is an existing, unapproved and informal access from the subject site to McKinnon Drive,
“The proposed location of building envelopes will ensure the noise-sensitve use (residential)
proposed are outside of noise corridors.
‘+ The development has been assessed against the State Development Assessment Provisions
(SDAP), version 2.6, State code 1: Development in a state-controlled road environment (State code
2.
‘+ SARA has determined that the development meets State code 1, subject to conditions to:
‘© encure the development s carried out in accordance with the plan provided which shows the
proposed building envelope locations
‘© ensure access to the state-controlled road from the site does not compromise the safety and
efficiency ofthe state-controlled road. Direct access to the state-controlled road is prohibited
‘where not required
(© maintain the safety and efficiency of the state-controlled road by reducing the number of road

 

‘Material used in the assessment of the application:
“The development application material and submitted plans

Planning Act 2016

Panning Regulation 2017

‘The SDAP, version 2.6, as published by the Department of State Development, Infrastructure, Local

‘Govemment and Planning

“The Development Assessment Rules

‘SARA DA Mapping system

Human Rights Act 2019

‘State Aasessment an Refer Agnoy Page Sof7