Negotiated Decision Notice MCU20-0150

Officer: 	Patrick Murphy
Direct Telephone: 	07 5329 6436
Our Reference:	MCU20/0150
Your Reference:	20110/PO11000006
28 July 2021
Altum Properties No 9 Pty Ltd
C/- JFP Urban Consultants Pty Ltd
T1. 209 Kon-Tiki Business Centre
55 Plaza Parade
MAROOCHYDORE QLD  4558
[email protected]
Dear Sir/Madam,
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On 22 July 2021, Council decided your representations. This negotiated decision notice replaces the decision notice of 30 April 2021.
Details of the negotiated decision are as follows:
APPLICATION details
Application No:	MCU20/0150
Street address:	101 & 105 Eumundi Noosa Rd Noosaville Qld 4566
Real property description:	Lot 1 RP 230931, Lot 1 RP 849431
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
decision details
Council on 30 April 2021, decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises Multiple Dwellings (34)
In relation to representations, Council on 22 July 2021 decided to:
A.	Agree to amend conditions 2, 11, 12, 14, 16, 20, 28, 29, 31a and 55.
B.	Include additional conditions 3a, b, c and d.
C.	Refuse to delete conditions 7, 8, 46a, c, f, and g as:
Additional variation in colour and material is required to achieve compliance with AO14.1 and PO14 to provide greater visual interest.
The concept landscape plans are not supported as the planting palette is not in accordance with the Planning Scheme Policy PSP 02 as the planting schedule does not achieve the appropriate mix of native and endemic plants. The planting species proposed will need to be reviewed to meet the Noosa Planning Scheme Policy PSP2 - Landscaping.
currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions. In this regard, the Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Operational Works
Plan No.	Rev.	Plan/Document Name	Date
DA01	07	Project Summary, prepared by Blackburne Jackson Architecture	01.04.21
DA02	09	Site Plan Level 1 Ground, prepared by Blackburne Jackson Architecture	20.05.21
DA03	06	Site Plan Level 2 Upper, prepared by Blackburne Jackson Architecture	01.04.21
DA04	07	Floor Plan LVL 1 Ground – Building 01, prepared by Blackburne Jackson Architecture	06.04.21
DA05	06	Floor Plan LVL 2 Upper – Building 01, prepared by Blackburne Jackson Architecture	01.04.21
DA06	07	Floor Plan LVL 1 Ground – Building 02, prepared by Blackburne Jackson Architecture	06.04.21
DA07	06	Floor Plan LVL 2 Upper – Building 02, prepared by Blackburne Jackson Architecture	01.04.21
DA08	07	Floor Plan LVL 1 Ground & LVL 2 Upper – Building 03, prepared by Blackburne Jackson Architecture	01.04.21
DA09	07	Floor Plan LVL 1 Ground - Building 04, prepared by Blackburne Jackson Architecture	06.04.21
DA10	06	Floor Plan LVL 2 Upper – Building 04, prepared by Blackburne Jackson Architecture	01.04.21
DA11	06	Elevations - Site, prepared by Blackburne Jackson Architecture	01.04.21
DA12	06	Elevations – Building 01, prepared by Blackburne Jackson Architecture	01.04.21
DA13	06	Elevations – Building 02, prepared by Blackburne Jackson Architecture	01.04.21
DA14	06	Elevations – Building 03, prepared by Blackburne Jackson Architecture	01.04.21
DA15	06	Elevations – Building 04, prepared by Blackburne Jackson Architecture	01.04.21
DA16	04	Elevations – Retaining wall heights, prepared by Blackburne Jackson Architecture	01.04.21
DA17	06	Sections - Site, prepared by Blackburne Jackson Architecture	01.04.21
DA18	06	Sections – Buildings 01 & 02, prepared by Blackburne Jackson Architecture	01.04.21
DA19	06	Sections – Buildings 03 & 04, prepared by Blackburne Jackson Architecture	01.04.21
DA20	06	Materials and Finishes, prepared by Blackburne Jackson Architecture	01.04.21
DA22	06	Site Plan – Landscape and Courtyard Areas, prepared by Blackburne Jackson Architecture	01.04.21
PD23	07	Floor Type & Plans, prepared by Blackburne Jackson Architecture	01.04.21
DA24	06	Height Plane Perspective, prepared by Blackburne Jackson Architecture	01.04.21
DA25	06	Perspective Views, prepared by Blackburne Jackson Architecture	01.04.21
DA26	04	Bldg 1, 2 & 3 Perspectives, prepared by Blackburne Jackson Architecture	01.04.21
Nature and Extent of Approved Use
Thirty three (33) small dwellings and 1 x other dwelling are approved.
Additional conditions - 22 July 2020
Staging
The development may be staged in accordance with the stage boundaries shown on the Approved Staging Plan (Dwg No. DA02 09 Site Plan, Level 1 Ground). If staged, the development need not be completed sequentially in the stage order indicated on the Approved Plans provided that any vehicle access, onsite manoeuvring, car parking, landscaping and infrastructure services required to service the particular stage are constructed with that stage.
Sunset Clause
Pursuant to s88 of the Planning Act 2016, the uncompleted aspects of this development approval lapse if the whole of the approved use has not happened by 22 July 2027. The undeveloped parts of the site must be turfed if the works have not been completed by 22 July 2027.
Temporary turn around area
Temporary unsealed turnaround facility must be constructed at the end of each private driveway left temporarily incomplete as a result of the development staging. The temporary turnaround facilities must be in accordance with an Operational Works approval and must be of sufficient size to accommodate the 3-point turn manoeuvre of a Waste Collection Vehicle (WCV). The maintenance of the turnaround facility is the responsibility of the land owner.
Stormwater
The combined bioretention and detention basin is to be constructed with the first stage which occurs on site. Planting of the bioretention filter surface may be delayed until the final stage of the development and an interim protective cover applied to the surface until planting occurs. Interim drainage works are to be provided to connect any interim stages to the combined bioretention and detention basin such that the intent of the Stormwater Management Plan for the site is achieved with each stage. Details of any required interim drainage works are to be provided with the Operational Works Application for each stage.
Currency Period
This development approval lapses if the use has not happened by 22 July 2027, unless an application to extend the currency period is approved by Council.
Built Form and Development Appearance
The maximum height of the development must not exceed 8 metres above the natural ground level except the roof of buildings 1 and 2 where indicated on the approved plan which must not exceed 8.1m (building 1) and 8.25m (building 2) above the NGL.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
Building 1 street (west) elevation must be provided with at least 1 additional external material finish to further add interest to the elevation. Amended plans must be submitted to Council for approval prior to the issue of an operational works approval.
Building 1 north elevation must incorporate an additional mix of external finishes to add interest to the elevation and create an asymmetrical appearance to the dwellings. Amended plans must be submitted for council approval prior to the issue of an operational works approval.
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.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
The screening for the pad mounted transformer must be painted in a muted colour derived from the approved colour palette to reduce the visual impact of the infrastructure in the streetscape.
The development must incorporate the colour scheme as outlined in the approved colour palette and approved plans.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 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.
Protection of Privacy
The site levels are to be provided in accordance with the approved plans. The approved fill levels within and along the boundaries of the site are to be reflected in the Operational Works plans and the levels certified by a registered RPEQ on completion.
Screening devices to building 2 and 3 must be provided as indicated on the approved plans and where necessary to meet privacy conditions of this Decision Notice.
To ensure the privacy of the adjoining properties to the south and south east is protected privacy doors, windows or glazing of buildings 2 and 3 that have the potential to overlook the private spaces of the neighbouring properties must be treated in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property. The measures to obscure direct views must include:
provide screening devices to balconies; and/or
have a minimum window sill height or 1.7 metres above floor level; and/or
be fitted with translucent glazing; and/or
be fitted with fixed external screens.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Fencing and Walls
Fencing to adjoining residential uses must be provided in accordance with the approved plans.
Street fencing must be provided generally as shown on the approved plans.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street. A mix of understorey and taller species must be included.
A privacy fence must be constructed to the full length of the northern, southern and eastern boundaries.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Swimming pool
The swimming pool must be located generally as shown on the approved plans.
Community Management Statement
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 Building Format Plan (or similar) to Council for compliance assessment.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice and, in particular, must include the following additional clauses:
The site includes a stormwater management and water quality treatment system.
The stormwater management and water quality treatment system must be maintained in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1).
The full cost of maintaining the system in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) must be included in the proposed levies for each dwelling owner/body corporate.
Land Amalgamation
All properties the subject of the development must be amalgamated into a single lot prior to endorsement of the first survey plan (plan seal) for the development and evidence of such amalgamation must be submitted to Council.
ENGINEERING/TRAFFIC
External Works
Eumundi Noosa Road must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval, completed prior to the commencement of the use of the first stage constructed, and must include in particular:
road works generally in accordance with the Traffic Engineering Report, prepared by TTM dated 11/02/21, amended to extend the median 5m north of the proposed driveway and with the kerbline on the eastern side of the road amended to achieve a minimum southbound carriageway width of 5.5m (3.5m traffic lane and 2.0m on road cycle lane).  “No U-turn” signage provided to prohibit U-turns at both ends of the central median
Alternatively, prior to the OPW approval, the applicant can provide an alternative proposal having RPEQ assessment and certification for Council consideration, including an RPEQ certified concept plan for the signage and median, that demonstrates that there is sufficient width between the new central median across the driveway, and the eastern kerb line, to satisfactorily accommodate southbound vehicles and on-road cyclists without the need to widen the existing kerb line, which depending on the details of the submission, may lead to the alternative solution being accepted by Council
construction of a pedestrian footpath in accordance with the conditions of this Decision Notice
removal of all existing property access (driveway/crossovers) and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed
Site Access and Driveways
A sealed access driveway must be provided from Eumundi Noosa Road to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover in accordance with Council standard drawings RS-051 and addendums
internal driveway circulation generally in accordance with the Traffic Engineering Report, prepared by TTM and dated 11/02/21 and as amended by this Decision Notice.
Car Parking, Pedestrian and Bicycle Facilities
A minimum of 49 car parking spaces must be provided and marked on the site and made available and accessible at all times. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Minimum 9 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use
1 disabled parking space within the total
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a 3 metre wide concrete footpath within the Eumundi Noosa Road road verge, narrowing to no less than 2 metres where constrained - ie. by vegetation, assets etc, from the northern driveway of Lot 1 on RP129020 to the roundabout entrance to the Good Shepherd School ( Lot 1 on SP228052).
This condition is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk infrastructure identified by Council’s LGIP to service the development.
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.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated batters must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
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.
HYDROLOGY
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and the Queensland Urban Drainage Manual, and must include in particular:
the works described in Site Based Stormwater Management Plan (prepared by Morgan Consulting Engineers, dated 12/02/2021) and updated to include the approved development layout (changed location of the swimming pool)
the use of gravity stormwater drainage and not surcharge pits.
In conjunction with the application for Operational Works approval, provide CCTV survey of the downstream stormwater network and demonstrate that the system has the capacity assumed in the Site Based Stormwater Management Plan (prepared by Morgan Consulting Engineers, dated 12/02/2021).  Maintenance and rectification of the system is to be undertaken if required to restore system capacity, prior to commencement of works within the development site.
Stormwater Quality Management
A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and the latest version of the Water Sensitive Urban Design Technical Design Guidelines for South East Queensland, and must include in particular:
stormwater quality treatment devices of a size and location generally in accordance with those shown in Site Based Stormwater Management Plan (prepared by Morgan Consulting Engineers, dated 12/02/2021) and updated to include the approved development layout (changed location of the swimming pool)
bioretention devices which:
are designed generally in accordance with the Bioretention Technical Design Guidelines (Water by Design, 2014)
are designed generally in accordance with IPWEQA Standard Drawing No. DS-073, DS-075, DS-076, and DS-078
are provided with a free-draining outlet from the sub-soil drainage system
Permanent educational signage must be erected to educate the public about the function of the bioretention device(s).
All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). Records of all maintenance activities undertaken must be kept and made available to Council upon request
Any proposed Community Management Statement required for the development must include Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) and must include the full cost of maintaining the system in accordance with Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The cost of maintaining the system must be included in the proposed levies for each dwelling owner.
Erosion and Sediment Control
In conjunction with the application for Operational Works approval, provide an erosion and sediment control plan, prepared in accordance with Best Practice Erosion and Sediment Control (IECA, 2008) and which achieves the construction phase stormwater design objectives of the State Planning Policy 2017. In addition, the ESCP is to demonstrate how the downstream residential properties will be protected from increases in peak flows and contaminated (with sediment) site runoff through all stages of construction.
LANDSCAPING
The site must be landscape in accordance with Planning Scheme Policy PSP2 – Landscaping. The works must be undertaken in accordance with an operational works approval and the approved plans and must include in particular:
Suitable screening trees planted within or around the edge of the bioretention basin to help screen the development.
1 x street tree every 8m (location considering sightlines).
1m wide garden to the full length of both side boundaries and rear boundary. The gardens must include screening trees planted at a maximum of 1.5m centres and have a 200mm pot size. The trees must have a mature height of at least 6m. In this regard, each dwellings courtyard garden must include at least 1x 45 litre pot size feature tree within the total.
To soften the street (west) elevation, screening vegetation must be provided both in front and behind the fence so as to provide screening to both the fence and buildings. The screening vegetation must be planted at a maximum of 1.5m centres. In this regard, each dwellings courtyard garden of building 4 must include at least 1x 45 litre pot size feature tree.
Landscaping must effectively screen the western side of the water storage tank which is located in the north west corner of the site.
1 x 45 litre feature shade tree in each garden between the dwellings carports.
Provide a planting and plant schedule including species and pot size.
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.
NOISE
Acoustic treatments (fence and glazing – with exception to the treatments required for the swimming pool) must be incorporated into the development in accordance with the Environmental Noise Impact Report, prepared by Decibel Consulting dated 9 February 2021. Written certification must be provided to Council confirming the acoustic treatments have been incorporated.
Written certification is required from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following:
Air-conditioning and Refrigeration
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable = background + 3dB(A)
Pumps
7am to 7pm: Maximum level allowable = background + 5dB(A)
7pm to 10pm: Maximum level allowable = background + 3dB(A)
10pm to 7am: No audible noise.
The certification must be submitted to Council, which certifies that operational noise from any fixed plant and equipment complies and with the requirements of this Decision Notice.
DEMOLITION
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council prior to the issue of a Development Permit for Building Works for demolition, to secure the demolition conditions of this approval. The cash bond or trading bank guarantee will be returned on performance of the demolition conditions of this approval less any costs incurred by Council in respect of enforcing performance of these demolition conditions. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Works
Demolition must be undertaken in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste management
A Waste Management Plan (demolition) must be submitted in accordance with Planning Scheme Policy PSP10 - Waste Management and approved by Council’s Waste Coordinator prior to issue of a development permit for Building Works for demolition, removal or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free.  Higher gate fees are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The areas for the storage and separation of waste shown on a site plan;
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and
Table – Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s and the like. If the site remains vacant for more than 30 days the lot’s must be suitably stabilised and maintained so as to not cause nuisance to the surrounding area.
All waste materials must be removed from site.
Litter, erosion and sediment control
Litter, erosion and sediment control measures must be installed and maintained until soils are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage system (e.g. roadside gutter).
Asbestos
Removal of building materials containing asbestos must be undertaken by a licensed asbestos removalist.
Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011 requires a licensed asbestos removalist to give notice to Workplace Health and Safety Queensland (WHSQ) of licensed asbestos removal work at least five days before the work commences. Notification must be made using Form 65: Notification of licensed asbestos removal work, demolition work or emergency demolition.
All building materials containing asbestos products are wrapped and disposed of in accordance with the Public Health Regulation 2006 and the Environmental Protection Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses businesses that transport asbestos waste, and landfills that accept this waste.
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at demolition of a building, the existing sanitary drain upstream from the connection point for a service provider’s sewerage system must be sealed water tight. This work is deemed as notifiable Work and must be carried out by a suitably licenced plumber who must submit an As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building Construction Commission) within 10 days of completing the work.
WASTE DISPOSAL
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9 - Waste Management. The facilities must include an impervious area, within the site, correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
Resubmission of Amended Plans Required
The conditions of this Decision Notice require resubmission of plans to Council with amendments. Please address the amended plan/s to Council’s Development Assessment Branch with the Reference No. MCU20/0150 separate to any Operational Works application. To avoid delays and assessment issues with the Operational Works application, it is recommended the plan/s be resubmitted prior to lodgement of any Operational Works application. However, should the plan/s not be submitted, the applicant is advised that a Preliminary Approval for OPW may be issued in lieu of a Development Permit.
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
Balance Lot for Staged Building Format Plans
In accordance with the Planning Act 2016, any proposal to stage the titling arrangements of the development such that a Building Format Plan is registered with a balance lot for future development will first require a Development Permit for Reconfiguring a Lot be obtained from Council.

Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
Fires in Urban Areas
Please note that in urban areas of the Noosa Shire Council area, fires are prohibited except where in an appliance used for domestic heating or cooking purposes, which must comply with particular Standards. Any area identified as a fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local Law No. 3, Schedule 3.  Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
ENVIRONMENTAL HEALTH ADVICE
Building Works
Noise from residential building works shall comply with the following:
Limited to between 6:30am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions
Not permitted on Sunday or public holidays.
Measurement of Noise
Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with either:
Australian Standard AS1055.1 “Acoustics–Description and measurement of environmental noise – General procedures”, or
The relevant “Noise Measurement Manual” as provided by the Department of Environment and Heritage Protection.
A qualified person is considered to be either:
a Registered Professional Engineer of Queensland, or;
an environmental consultant with a minimum of 3 years current experience in the field of acoustics.
Acoustic Advice & Design
It is highly recommended that the developer seek the advice and design input of a qualified acoustic consultant at the plan development stage to ensure the development does not cause a noise nuisance under the Environmental Protection Act 1994.  Attention should be given to the following (but not limited to):
building design and construction
design, selection and installation of fixed plant and equipment
the location of air conditioning and heating units, refrigeration plant, pumps, mechanical exhausts and plant rooms etc
the use of acoustic enclosures/screens around noisy plant and equipment.
operating times.

Environmental Protection
The development should be undertaken in a manner that causes no unlawful environmental nuisance under the Environmental Protection Act 1994 by the creation of excessive noise, lighting, waste, atmospheric pollutants (including dust or odours) or other releases to the environment.
In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint, cement, concrete, builder’s waste or other prescribed contaminants should not to be released to or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.
ENGINEERING ADVICE
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.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Roadworks, stormwater, earthworks, landscaping, frontage works and driveway
Development Permit for Building Works	All building work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Patrick Murphy
Coordinator Planning

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice – 30 April 2021.
Negotiated Decision Notice – 22 July 2021, with an amendment to conditions 2, 11, 12, 14, 16, 20, 28, 29, 31a and 55 and additional conditions 3a, b, and c.

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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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ee) NOOSA COUNCIL