Minor Change Existing Approval MCU16 0117.02

Officer: 	Billy Glover
Direct Telephone: 	53296245
Our Reference:	MCU16/0117.02 & OPW16/0212
Your Reference:	n/a
3 September 2019
AL Rossiter, SW Murphy, A Rossiter & Others
15 Blanfords Ct
COOROY  QLD  4563
[email protected]
Dear Sir/Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 18 July 2019, requesting a minor change to an existing development approval. Council 29 August 2019, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU16/0117.02 & OPW16/0212
Street address:	11 Opal St Cooroy Qld 4563
Real property description:	Lot 1 SP 248165
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 16 March 2017
Development Permit for Material Change of Use of Premises – Multiple Housing Type 4 Conventional (6 Units) & Operational Works – Earthworks, Stormwater, Driveways, Parking, Erosion and Landscaping
In relation to the request to make a minor change to the existing approval, Council on 29 August 2019, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend condition 4
currency period of approval
The currency period for this development approval is 4 years starting the day that the original development approval (MCU16/0117) took effect.
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.
Plan No.	Rev.	Plan/Document Name	Date
A101	B	Proposed Residence No 1: Site Plan Proposed by Robert Gracia	Nov 2018
A202	B	Proposed Residence No 1: First Floor Plan Proposed by Robert Gracia	Nov 2018
A303	B	Proposed Residence No 1: Ground Floor Plan Proposed by Robert Gracia	Nov 2018
A401	B	Proposed Residence No 1: North Sectional Elevation by Robert Gracia	Nov 2018
A402	B	Proposed Residence No 1: South Sectional Elevation by Robert Gracia	Nov 2018
A403	B	Proposed Residence No 1: East Sectional Elevation Proposed by Robert Gracia	Nov 2018
A404	B	Proposed Residence No 1: West Sectional Elevation by Robert Gracia	Nov 2018
A101	B	Proposed Residence No 2: Site Plan Proposed by Robert Gracia	Nov 2018
A201	B	Proposed Residence No 2: First Floor Plan Proposed by Robert Gracia	Nov 2018
A202	B	Proposed Residence No 2: Ground Floor Plan Proposed by Robert Gracia	Nov 2018
A302	B	Proposed Residence No 2: North Sectional Elevation by Robert Gracia	Nov 2018
A301	B	Proposed Residence No 2: South Sectional Elevation by Robert Gracia	Nov 2018
A303	B	Proposed Residence No 2: East Sectional Elevation Proposed by Robert Gracia	Nov 2018
A304	B	Proposed Residence No 2: West Sectional Elevation by Robert Gracia	Nov 2018
A101	B	Proposed Residence No 3: Site Plan Proposed by Robert Gracia	Nov 2018
A201	B	Proposed Residence No 3: First Floor Plan Proposed by Robert Gracia	Nov 2018
A202	B	Proposed Residence No 3: Ground Floor Plan Proposed by Robert Gracia	Nov 2018
A302	B	Proposed Residence No 3: North Sectional Elevation by Robert Gracia	Nov 2018
A301	B	Proposed Residence No 3: South Sectional Elevation by Robert Gracia	Nov 2018
A303	B	Proposed Residence No 3: East Sectional Elevation Proposed by Robert Gracia	Nov 2018
A304	B	Proposed Residence No 3: West Sectional Elevation by Robert Gracia	Nov 2018
A101	C	Proposed Residence No 4: Site Plan Proposed by Robert Gracia	Nov 2018
A203	B	Proposed Residence No 4: First Floor Plan Proposed by Robert Gracia	Nov 2018
A202	B	Proposed Residence No 4: Ground Floor Plan Proposed by Robert Gracia	Nov 2018
A301	B	Proposed Residence No 4: North Sectional Elevation by Robert Gracia	Nov 2018
A302	B	Proposed Residence No 3: South Sectional Elevation by Robert Gracia	Nov 2018
A304	B	East Sectional Elevation Proposed by Robert Gracia	Nov 2018
A303	B	Proposed Residence No 3: West Sectional Elevation by Robert Gracia	Nov 2018
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice. 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 Building Works.
*(Refer to Advisory Note)
Building Height
The maximum height of the development must not exceed the heights specified for each of the four buildings in the table below, above the finished ground level and the natural ground level.
Building	Height (metres)
South-east	8.3
South-west	7.9
North-east	8.85
North-west	8.3
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 Appearance
Dwelling units must be old ‘Queenslanders’ re-located to the site. The re-conditioning of the buildings must include weatherboard clad walls and tin or zincalume roofs.
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.
Protection of Privacy
To ensure privacy is protected between adjoining properties, any window/s, deck or the like that overlooks or has the potential to overlook the private open space or habitable room windows of neighbouring properties must either:
have a minimum window sill height or 1.5 metres above floor level
be fitted with translucent glazing
be fitted with a fixed external screen positioned in such a way to obscure direct  view
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
External Works
Opal Street 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 and must include in particular:
construction of a pedestrian footpath in accordance with the conditions of this Decision Notice
remarking of the existing on-street parking bays
linemarking of the access driveway signage.
The access driveway to the site from Diamond Lane must include the construction of a passing opportunity for vehicles traversing Diamond Lane. The overall width of the lane formation and the passing opportunity must be sufficient to allow vehicles to pass.
Site Access and Driveways
A sealed access driveway must be provided from Opal Street and Diamond Lane to all parking and manoeuvring areas of the development. The works must include in particular:
a driveway crossover in Opal Street generally in accordance with RS-051
a vehicle crossover in Diamond Lane generally in accordance with the approved plans. The crossover must not cause additional ponding of stormwater in Diamond Lane or direct runoff onto the subject site or any adjoining property.
Car Parking
A minimum of 10 car parking spaces must be provided on the site. The works must include in particular:
2 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use
Dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Pedestrian Facilities
Pedestrian facilities must be provided for the development. The works must include in particular a 1.8 metre wide footpath within the road verge for the entire length of the site’s frontage to Opal Street. In this regard, the existing path must be removed and replaced with the new path.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken generally in accordance with the approved plans.
Electricity and Telecommunication Services
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 which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms. Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All earthworks must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
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.
Waste Storage
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area 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 is to be designed to prevent storm water entry to the sewerage system which can be achieved by a bunded area, with a nib wall height of 100mm maximum, enclosing a wash area of 700mm x 700mm minimum (max 0.7m²).  Alternatively the waste area can be roofed or any other appropriate design approved by Council.
Landscaping
An amended landscaping plan must be submitted to Council for endorsement prior the issue of a Development Permit for Building Works. The amended plan must include in particular:
the works shown on the Approved Plans including a 2 metre wide planting bed of native species suitable from screening the development to the Opal Street and Diamond Lane frontage exclusive of the access driveway, generally uncompromised by infrastructure items;
details of front boundary fencing along Diamond Lane and Opal Street;
Screening vegetation to the side boundary setback areas uncompromised by infrastructure;
Species in accordance with Planning Scheme Policy 3 Landscape Plants and Guidelines; and
Plans prepared by a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
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.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Front Boundary Fencing
Front fences or walls must be setback an average of 1 metre and are articulated to provide visual interest by stepping the design at maximum 5m intervals. The area of land between the fence and the front property boundary shall be densely landscaped to screen any fencing from the street.
Asbestos removal control plan
A Queensland licensed asbestos removalist (Class A and/or Class B) must submit to council’s Environmental Health unit an Asbestos Removal Control Plan (ARCP) for any structures that contain asbestos containing materials (ACM) prior to relocation of the houses to the site.  The asbestos removal control plan may incorporate the Safe Work Method Statement (SWMS) and must include:
Details of the asbestos removalist and copy of licence(s)
Details of how the asbestos removal will be carried out including dates and methods ( e.g. tools, equipment and personal protective equipment, monitoring etc to be used etc)
Details of the asbestos to be removed, including location, type and condition of the asbestos
Details of the treatment, transport, quantity, tracking (if more than 250kg) and final disposal of asbestos waste
An independent competent person (as defined by the Work Health Safety Regulation) must carry out a clearance inspection for any asbestos removal work conducted (i.e. Class A & Class B) and submit to council’s Environmental Health unit a Clearance Certificate prior to reconstruction or occupation of the houses.
Building Demolition/Removal/Relocation
Where the development involves the removal, relocation or demolition of a building, a Waste Management Plan (construction and demolition) shall be submitted and approved by Council’s Environmental Health Officer prior to issue of a development permit for operational works for demolition, removal or relocation of any building other than a shed.
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 Management Plans (construction and demolition) are required to be submitted in accordance with Planning Scheme Policy 11, Waste Management Plans.
Waste storage areas are to provide for adequate separation of all reusable, recyclable and waste materials. These shall be located so that they are convenient and safe to use.
The Plan shall contain the following information:
The site area for the storage and separation of waste is to be shown on the plan drawings accompanying the application.
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed
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
Waste Storage
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area 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 is to be designed to prevent storm water entry to the sewerage system which can be achieved by a bunded area, with a nib wall height of 100mm maximum, enclosing a wash area of 700mm x 700mm minimum (max 0.7m²). Alternatively the waste area can be roofed, or any other appropriate design approved by Council.
Noise
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.
Assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building.  All equipment should be operating at the same time to test the overall noise level created, with the measurement location at either the residential boundary or outside the most exposed part of an affected building - whichever is the closest to the plant/equipment.
The certification must be submitted to Council, which certifies that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice.
Additional conditions - 10 December 2018
The doors to each study within the dwelling units of House 1 must be removed prior to the initial occupation of each dwelling unit.
The Grevillia sp. each side of the Diamond Lane driveway must be replaced with a minimum pot size of 100L Blueberry Ash (Eleocarpus reticulatis).
OPERATIONAL WORKS CONDITIONS
APPROVED PLANS
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
16-0604-C1	B	Civil Works prepared by Lindsay Consulting Pty Ltd as annotated by Council	1 December 2016
16-0604-C2	B	Civil Works Frontage Works prepared by Lindsay Consulting Pty Ltd as annotated by Council	1 December 2016
16-0604-C8	A	Landscape Plan prepared by Lindsay Consulting	22/09/2016
PRIOR TO COMMENCEMENT OF WORKS
Engineering
All necessary approvals from external service providers (eg Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
A condition report of the drainage system must be completed for agreement at the prestart meeting. The condition report is to include a CCTV inspection of the existing pipe system in Opal Street extending from nearest surface pit east and west of the subject site.
A condition report including photographs of the frontage of the site must be completed and submitted to council at the prestart meeting / prior to any works commencing.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council at the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a pre-start meeting is 5329 6245. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Landscape works;
Erosion and sediment control works;
Other relevant parties
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Proposed fencing to the site during the construction phase of the development
Adequate parking arrangements for construction workers
No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off
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 and services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
Engineering
The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice
The relevant conditions of the higher order Material Change of Use approval
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site
Road works (External Road works & Road Widening Works)
All pavement widening or construction of new pavement must join neatly to the existing pavement so that there are no irregularities in line or level resulting at or adjacent to the join for the length of the construction. Where necessary the existing pavement must be brought to a satisfactory standard to allow for the above.
All street surfacing must consist of a minimum depth of 30mm of an approved hot mixed asphaltic concrete.
Pavement Design and Construction
The pavement design shown on the engineering drawings are not approved. The final pavement design must be agreed on-site with Council’s Engineering Officer.
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve/Reinstatement
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
All frontage works must match neatly with existing road and verge/footpath features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Electrical conduits or other services proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Pathways
All pathways must be constructed in accordance with the following requirements:
All footpath/cycleway must comply with Council’s Standard Drawing RS-065.
All paths must have a slip resistant surface
Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth ride for cyclists
The required work includes any modifications to ensure the footpath finishes flush with all existing service covers and the like, or alternatively these services are raised or altered, so as not to create a pedestrian safety hazard
Pathways must:
terminate in a manner that ensures smooth transition to existing surfaces for public safety
be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS1428 Design for access and mobility
Site Access and Driveways
Driveway crossovers must be constructed in accordance with Council’s Standard Drawing RS-051
Any existing unnecessary or redundant property accesses must be removed, and the kerb, footpath and verge area reinstated to match the existing footpath and/or verge treatments. Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed or turf, and must be maintained by the developer until established.
The following must be complied with during the construction of the required crossover/driveway:
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete.
The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties
Underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway
Where there is an existing pedestrian path, a matching crossfall must be provided for the driveway on the alignment of the path, for the full width of the path
Earthworks
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (eg by blocking or interfering with natural overland flows).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Environment
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards (refer to advisory notes).
Prior to the completion of the development, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term (refer to advisory notes). For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
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.
FOLLOWING CONSTRUCTION / PRIOR TO COMMENCEMENT OF USE
Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
Landscaping
An amended landscaping plan must be submitted to Council for endorsement prior the issue of a Development Permit for Building Works. The amended plan must include in particular:
the works shown on the Approved Plans including a 2 metre wide planting bed of native species suitable from screening the development to the Opal Street and Diamond Lane frontage exclusive of the access driveway, generally uncompromised by infrastructure items;
details of front boundary fencing along Diamond Lane and Opal Street;
Screening vegetation to the side boundary setback areas uncompromised by infrastructure;
Species in accordance with Planning Scheme Policy 3 Landscape Plants and Guidelines; and
Plans prepared by a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
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.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
As Constructed Plans (Council)
Prior to acceptance of civil works to become Council assets “On Maintenance”, the lodgement of satisfactory “As Constructed” records must be submitted to Council. The “As Constructed” information must include:
Drawings and data certified by a qualified experienced Civil Engineer (RPEQ) for design intent, and certified by a Licensed Surveyor in regard to the cadastre and the location, level and type of all services and structures
The data must be in accordance with Council’s – Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks, and fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels
The data must be submitted in hardcopy form and digital format (Asset Design and As Constructed (ADAC)) where required. Guidelines on the use of ADAC are available at www.adac.com.au
On Maintenance
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to the commencement of the use. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
certification that all works have been undertaken and completed in accordance with the requirements of this Permit
as Constructed details in accordance with Council’s Planning Scheme Policy
maintenance and operational manuals for all proprietary or site specific devices
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection.
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
a Council inspection reveals works do not comply with approval requirements
submitted certification falsely states works comply with approval requirements.
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:
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 on 07 3247 6212 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 DA Planning Section to arrange a Development Compliance Inspection.
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. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
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.
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.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges).
OPERATIONAL WORKS
General Advisory Notes
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority
As the driveway is a private structure, the owner bears full responsibly for the standard of its construction, maintenance and any liabilities associated with its construction. It is recommended that professional advice be sought for the construction of the driveway to ensure that the driveway is constructed in accordance with standard drawing RS-051.
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6245 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
If Council officers are required to undertake additional inspections of the same works, a reinspection fee will be applicable in accordance with Council’s Fees and Charges register applicable at the time.
A minimum maintenance period of 12 months will apply to all municipal works and thereafter until such time as the works are performing in accordance with the approved design unless noted otherwise
Environmental Advisory Notes
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
Accepted best practice standards include:
the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2 or other superseding document subsequently adopted by Council;
Best Practice Erosion and Sediment Control, International Erosion Control Association (2008)
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the completion of the works:
Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual; and
Stormwater runoff from the site is not currently, and is not likely to result in visible evidence of sedimentation or erosion, or lead to water contamination.
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required
Development Permit for Building Works (All Building Works)
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

Billy Glover
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater
DECISION NOTICE HISTORY
Original Decision Notice – 16 March 2017.
Decision Notice – Minor Change MCU16/0117.01 & OPW16/0212 10 December 2018, with amendment to condition 2 & additional conditions 41 & 42
Decision Notice – Minor Change – MCU16/0117.02 & OPW16/0212 – 29 August 2019, with amendment to condition 4

	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

[word/footer2.xml]
Page 5 of 18

[word/footer3.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 18

[word/footer4.xml]
Page 2 of 3

[word/header4.xml]
3

[Attachment: image3.png (image text)]
ee) NOOSA COUNCIL