Delegated Report - Code - Planning MCU21 0027 & OPW21/0047

Author	Consultant Planner
Assessment Manager, Lisa Pienaar - Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0027 & OPW21/0047
Applicant	HRS Developments Pty Ltd Tte
Proposal	Material Change of Use for Multiple dwellings x 4 and Operational Works for Stormwater, drainage works, earthworks and landscaping
Properly Made Date	18 February 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	11 June 2021
Report Completed Date	10 June 2021
Report Reviewed By	Patrick Murphy 10 June 2021

PROPERTY DETAILS
Property Address	30 & 32 James St Noosaville
RP Description	Lot 3 RP 72986 Lot 4 RP 72986
Land Area	984.28 m² & 984.06 m² Total 1968m²
Existing Use of Land	Multiple dwellings on each lot

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not Applicable
Local Plan Area	Noosaville
Overlays	Flood Hazard Overlay Land subject to Acid Sulfate Soils (area 1)
Assessment Type	Code
PROPOSAL
The application seeks a Material Change of Use for 4 x multiple dwellings and Operational works for the engineering aspects and landscaping. The 2 storey building consists of 2 units on the ground floor and 2 units on the upper floor and a double garage for each unit. Each unit includes 3 bedrooms and a study and the living areas facing the north. A swimming pool is provided for each units as well as ground level open space for the upper level units. External materials include masonry, glazing, stone facing and powder coated privacy screens.
The locality and proposal plan are included below.

Figure 1 - Locality Plan

Figure 2 - Site Plan

Figure 3 - Lower floor plan

Figure 4 - Upper floor plan

Figure 5 - Street Elevation (west)

Figure 6 - South elevation

Figure 7 - North elevation

site details
Background
The 2 sites combined has development approvals for multiple dwellings. The old units are proposed to be demolished for the construction of the proposed 4 Multiple dwellings.
Site Description
The land is generally flat with old style flats existing. There are no significant vegetation on site except for 1 eucalypt to the front of the site which is proposed to be removed.
Surrounding Land Uses
The surrounding area is characterised by the transitioning of small older holiday style homes to modern dual occupancy or multiple dwellings. Directly to the north east are new multiple dwellings and an older style multiple dwellings to the south. Similarly opposite the site, is a mixed of older homes, newer homes and new multiple  dwellings/dual occupancy.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Medium Density Residential Zone Code;
Noosaville Local Plan Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes;
Flood Hazard Overlay Code
Acid Sulfate Overlay Code
The subject site is located in Noosaville and is zoned Medium Density Residential. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Site area - 1968m²			
Building height storeys metres	2 storeys max 8 metres	2 storeys 8 metres	
Site cover (site area – 1968m2)	40% max 787.2m²	39.9% 784m²	
Gross floor area or Plot ratio	787.33 m² max 0.4:1 max	787 m² 0.4:1	
Boundary setbacks
Frontage	6m min.	6m (wall) 5.6m to eave	X
Side (north)	Lower floor – 1.5m Upper floor – 2m	2.7m 2.5m	
Side (southern)	Lower floor – 1.5m Upper floor – 2m	6.4m 7.6m	
Rear	Lower floor – 6m Upper floor – 6m	6.4m 11.3m	
Length of wall	15 metres max	9 metres	
Roof Form Pitch Eaves	Main roof min 5 degrees Min 600mm to 75%	5 degrees 600mm to 75%	
Landscaped open space Soft landscaping	40 m² min (787m²) 60% of total (472m²)	787m² 472m²	
Private Open Space Unit 1 Unit 2 Unit  3 Unit 4	20m² 9m² 9m² 20m²	180m² 80m² 80m² 180m²	
Carparking	8 covered min 1 uncovered min	8 covered 1 uncovered	
As seen in the table above the development generally complies with the key development parameters. Some of the provisions are discussed further below.
Site Cover
The proposal complies with the required 40% site cover, however, it is pertinent to note that the roof over unit’s 1 and 4 outdoor dining area is an open structure which does not contribute to site cover. There is concern that being the primary outdoor eating area, it is unusual that it is not fully covered. If it were to be covered the development would exceed the site cover provision of the code. To ensure the proposal remains compliant, a condition is included stating the development must comply with the required 40% site cover.
Front Setback
The proposal seeks a setback of 5.4m to the outermost projection being the eave of the garage, noting the garage wall is setback the required 6m. Landscaping is proposed between the garage and the front boundary and given the eave is not bulky and adds interest to the elevation, it is unlikely to cause any adverse effects to the surrounding properties or have any adverse impact on the streetscape.
Fill
The proposal seeks to fill the site up to 1m above the NGL for flood immunity. This may provide an imposing fence of up to 2.8m high to the neighbouring properties and could result in overlooking.  In this instance, the proposed fill does not raise any concern as the new development to the north east is filled to a similar level and the property directly to the north is likely to be redevelopment and will require fill to meet flood immunity. In terms of overlooking, the applicant has provided privacy screens on the lower and upper levels which address any overlooking caused by the fill. The fence on the northern property is likely to be up to 2.8m above the NGL to provide privacy. This is the southern boundary of the neighbour, and the majority is the side of the dwelling. Given it is the neighbours southern boundary, no additional shading will occur as a result of the additional 0.8m fence height.
Privacy
There is potential overlooking of the northern properties. The applicant has addressed this by the strategically placed privacy screens on the upper level. A condition is included to ensure privacy screens are provided to any areas where there is potential overlooking.
Sustainable Building Design Code
The proposal complies with the Code noting the following—
Has provided a stormwater management plan with natural infiltration characteristics
Landscaping trees close to the building to create natural shading and cooling
The living and open spaces of all units are orientated to the north
The units have good flow through ventilation
Wide eaves are provided to the western elevation to shade the walls

Landscaping
The proposal has provided the required quantity of landscaping but is proposing some non native species which is not in accordance with PSP2 – Landscaping. Further, while the Foxtail palms proposed are native, PSP2 seeks that they are used in clumps and not singular. A condition is included that requires the Foxtail palms to be replaced with native feature trees and the other non-natives replaced with native species. Additional screening landscaping is also conditioned along the eastern boundary and along the side of the driveway.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Officer
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. MCU21/0027 Material Change of Use for 4 x Multiple dwellings and OPW21/0047 Operational Works for Stormwater, drainage works, earthworks and landscaping situated at 30 & 32 James St Noosaville and described as Lots 3 and 4 on RP72986, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0027 and OPW21/0047
Street address:	30 & 32 James St Noosaville Qld 4566
Real property description:	Lots 3 & 4 RP 72986
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use for Multiple dwellings x 4
Development Permit for Operational Works for Stormwater, drainage works, earthworks and landscaping
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
MATERIAL CHANGE OF USE MCU21/0027
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
02	DA05	Site Plan, prepared by Braeden Constructions	7/5/21
03	DA05	Floor Plan - GF, prepared by Braeden Constructions	7/5/21
04	DA05	Floor Plan - FF, prepared by Braeden Constructions	7/5/21
05	DA05	Roof Plan, prepared by Braeden Constructions	7/5/21
09	DA05	Western Elevation and Southern Elevation, prepared by Braeden Constructions	7/5/21
10	DA05	Eastern Elevation, Northern Elevation, and privacy screen detail, prepared by Braeden Constructions	7/5/21
11	DA5	Landscape - Trees, prepared by Braeden Constructions and as annotated by Council	7/5/21
12	DA5	Landscape - Ground, prepared by Braeden Constructions and as annotated by Council	7/5/21
13	DA5	Landscape – Roof Garden, prepared by Braeden Constructions and as annotated by Council	7/5/21
Site Cover
Site cover must not exceed 40% measured in accordance with the Noosa Plan 2020.
Currency Period
This development approval lapses if the use has not happened by 10 June 2027, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 8 metres above the natural ground level and 2 storeys.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Fill
Fill within the front setback must batter down to NGL as shown on the approved northern elevation drawing 10 dated 7/5/2021.
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.
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.
Building Appearance
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.
Fencing and Walls
Street fencing must be provided as shown on the approved Site Plan.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothesline which is screened from public view.
Protection of Privacy
To protect privacy between adjoining properties, balconies, windows or openings must use either/and translucent glazing, balustrading or fixed external screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining properties.
LANDSCAPING
Landscaping Works
The development site must be landscaped. The works must be undertaken in accordance Noosa Plan PSP 2 – Landscaping and generally in accordance with the approved Landscaping Plans. In this regard, amended Landscape Plans must be provided to Council prior to the pre-start meeting with the following changes:
the following species are not approved and must be replaced with native species:
Poinciana
Pinstripe ginger
Heliconia
Gardenia
Wodyetia bifurcata (foxtail palm) identified on the approved plans as ‘t4’ are not approved and must be replaced with a suitable native screening feature tree. Palm’s individually planted are not in accordance with PSP2 – Landscaping.
t2 and replacement species t4 plantings must be 45 litre pot size;
a total of 2 x additional feature trees along the northern boundary, each one located opposite the lower floor lounge/master suite (approximately)
screening vegetation for the full length of the eastern boundary. The species must grow to a minimum mature height of 6m and planted at 2m centres.
provide 2 x Acronychia’s in each flared widening along the southern side of the driveway
provision of 4 x 45 litre street trees evenly spaced within the road reserve
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.
ENGINEERING
External Works
James Street must be upgraded for the length of its frontage to the subject site. The works must be undertaken in accordance with the conditions of this Decision Notice and must include in particular:
construction of a pedestrian footpath;
removal of the existing site access 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 James Street to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with the conditions of this Decision Notice and must include in particular:
a driveway crossover generally in accordance with council standard drawings RS-049, RS-050 and respective addendums.
An updated Driveway and Access Plan to reflect the amended driveway shape.
Car Parking
A minimum of 9 car parking spaces must be provided and marked on the site. The works must be undertaken in accordance with the conditions of this Decision Notice and must include in particular:
1 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 AS2890: Parking Facilities.
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 and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with the conditions of this Decision Notice and must include in particular:
A 1.8 metre wide concrete footpath within the road verge for the entire length of the site’s frontage to James Street.
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 the conditions of this Decision Notice and must include in particular:
the works shown on the Approved Plans;
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 (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
A 4 metre wide easement for Stormwater purposes must be registered against the title of the property in favour of Noosa Council over the proposed easement identified on the Approved Plans.
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 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 and the conditions of this Decision Notice.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
ENVIRONMENTAL HEALTH
Waste Storage
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy PSP - 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.
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.
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 turfed or landscaped in accordance with Planning Scheme Policy PSP 2 – Landscaping and to the satisfaction of Council 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.
OPERATIONAL WORKS – OPW21/0047
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
31026-OW3.1	A	Earthworks Plan Prepared by SCG Consulting Engineers	22/03/2021
31026-OW5.1	A	Sewer and Stormwater Protection Plan Prepared by SCG Consulting Engineers (AS ANNOTATED IN RED BY COUNCIL)	22/03/2021
31026-OW6.1	A	Driveway and Access Plan Prepared by SCG Consulting Engineers (AS ANNOTATED IN RED BY COUNCIL)	22/03/2021
31026-OW6.2	A	Driveway Levels Plan Prepared by SCG Consulting Engineers	22/03/2021
31026-SW1.1	A	Stormwater Management Plan Prepared by SCG Consulting Engineers	22/03/2021
31026-C1.1	A	Stormwater Relocation Plan Prepared by SCG Consulting Engineers	22/03/2021
11	DA5	Landscape - Trees, prepared by Braeden Constructions and as annotated by Council	7/5/21
12	DA5	Landscape - Ground, prepared by Braeden Constructions and as annotated by Council	7/5/21
13	DA5	Landscape – Roof Garden, prepared by Braeden Constructions and as annotated by Council	7/5/21
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 10 June 2023, unless an application to extend the currency period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
All necessary approvals from external service providers (e.g. Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
A condition report of the drainage system must be completed and submitted to council prior to the prestart meeting. The condition report is to include:
a CCTV inspection of the pipe section between the existing eastern most pit on the subject site (to be retained) and the connecting pit on Weyba Road;
photos of the existing stormwater gully pit on James St fronting the subject site.
A condition report including photographs of the frontage of the site must be completed and submitted to council prior to the prestart meeting.
A condition report of all the properties neighbouring the subject site must be completed and submitted to council prior to the prestart meeting.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to 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 6500. 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;
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;
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
Prior to the prestart meeting and commencement of municipal works associated with this development, Council requires the provision of a bank guarantee, or a cash bond, of $20,000.
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;
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.
Pavement Design and Construction
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 SEQ R-065;
Provision must be made for disabled access at all kerb crossings associated with pathways, in accordance with Council's current standards;
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 generally in accordance with council’s Standard Drawings RS-049, RS-050 and respective addendums.
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;
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;
The property access must be located a minimum of 1m clear of existing power poles, streetlights or other signage. The developer is responsible for any necessary relocation of existing services to provide this clearance and must contact the relevant service authorities and comply with their requirements in relation to these works.
Earthworks and Retaining Walls
All earthworks must be undertaken generally in accordance with Douglas Partners’ “Geotechnical Investigation” report, ref. R.001.docx BWE, dated 13 May 2021.
All earthworks must be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2’ as defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and uniformity of fill must be provided by a RPEQ and submitted to Council prior to requesting the On-Maintenance inspection.
Fall protection must be provided to retaining walls that are over 1m high.
Slope and batters are a maximum grade of:
1 in 6 where in proximity to waterbodies;
1 in 4 for grassed areas;
1 in 3 for planted areas;
1 in 2 for combined structural engineering and planting solutions.
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 (e.g. 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.
Erosion and Sediment Control
Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection Regulation 2019) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Sediment and erosion control measures must be in place prior to works commencing. If such measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such fines can be issued if sediments from the site are found to enter or have the potential to enter Council’s stormwater system, natural waterways, any downstream stormwater filtration system or adversely impacting on other properties.  The sediment and erosion control design and measures have NOT been approved, it is the site's Supervising Engineer who is responsible for ensuring that the sediment and erosion control measures have:
Been duly designed by an RPEQ or CPESC and constructed in accordance with "best practise" methods;
Been revised by an RPEQ or CPESC to address the issues raised by changes in the projected construction schedule and/or methods;
Been revised to address predicted rainfall events; and
Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be found inefficient.
The erosion and sediment control measures must be designed, installed and maintained in accordance with the supervising engineer instructions and the current best practice standards * (Refer to Advisory Note).
The developer must ensure non-essential exposure of soil is prevented by restricting the extent of disturbance and minimising the duration of soil exposure to adverse weather conditions and effectively turf, cover or stabilise any disturbed area without delay and prior to rainfall occurring.
The developer must ensure sediment does not leave the site or enter onto adjoining properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or machinery. It is essential to implement appropriate approved erosion and sediment control measures throughout the site during all phases of construction including vehicle shakedown pad/grid (or similar) at the access to the construction site. Where sediments or other contaminants are deposited on a road, they must be removed so as not to enter Council’s drainage system or waterways.
Prior to the completion of the development and commencement of use, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
Landscape
The development site must be landscaped. The works must be undertaken in accordance Noosa Plan PSP 2 – Landscaping and generally in accordance with the approved Landscaping Plans. In this regard, amended Landscape Plans must be provided to Council prior to the pre-start meeting with the following changes:
the following species are not approved and must be replaced with native species:
Poinciana
Pinstripe ginger
Heliconia
Gardenia
The Wodyetia bifurcata (foxtail palm) identified on the approved plans as ‘t4’ are not approved and must be replaced with a suitable native screening feature tree. Palm’s individually planted are not in accordance with PSP2 – Landscaping.
t2 and t4 plantings must be 45litre pot size;
2 x additional feature trees along the northern boundary, each one located opposite the lower floor lounge/master suite (approximately)
screening vegetation for the full length of the eastern boundary. The species must grow to a minimum mature height of 6m and planted at 2m centres.
provide 2 x Acronychia’s in each flared widening along the southern side of the driveway
provision of 4 x 45 litre street trees evenly spaced within the road reserve
The finished level of all mulch in garden beds and landscaped medians is to be a minimum of 50mm below the level of the adjacent top of kerb. All landscaping is to be constructed in accordance with Council’s Planning Scheme Policy PSP2 Landscaping.
Suitable root barriers must be installed where proposed trees are adjacent to paths, pavement etc in accordance with Council’s Planning Scheme Policy PSP2 Landscaping.
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
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.
A condition report of the drainage system must be completed and submitted to council prior to requesting the On-Maintenance inspection. The condition report is to include:
a CCTV inspection of the new stormwater line, extending between the existing stormwater gully pit on James Street and the connecting pit on Weyba Road;
photos of the existing stormwater gully pit on James St fronting the subject site;
photos of the existing eastern most pit on the subject site.
As Constructed Plans and ADAC XML Files (Council)
Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory “As-Constructed” records must be submitted to Council. The bundle of “As Constructed” information must include:
As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed) prepared in accordance with industry standards and recorded in “MGA - UTM56 / GDA94” projection.
Please Note: Further information and advice relating to the as-constructed drawing presentation, as-constructed survey capture and associated guidelines for preparation of a compliant ADAC XML digital file are available on the webpage titled “As-Constructed Guidelines” and accessible at the Noosa Council Website: Planning & Development / Development Tools & Guidelines / As-Constructed Guidelines.
The “As-Constructed” drawings will require certification by a:
Qualified experienced Civil Engineer (RPEQ) confirming design intent and conformance with applicable standards and specifications, along with the relevant descriptions of assets, services and structures and;
Licensed Surveyor in regard to the cadastral and locational information, levels and applicable survey datum.
The data must be in accordance with Council’s “Planning Scheme Policy 6 – Engineering Design Standards”, and fully detail the levels for all engineering works including but not limited to the drainage network and structures, finished ground and pavement surface levels.
On Maintenance
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to 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:
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.
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
General Advisory Notes
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 Planning Act 2016 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6500 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 International Erosion Control Association Australasia Best Practice Erosion and Sediment Control
Qualified Person, for the purpose of erosion and sediment control is a Certified Professional in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional Engineer of Queensland (RPEQ).
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the On-Maintenance inspection:
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.
If at the time of request for the On-Maintenance inspection, the method of short-term stabilisation has not achieved a level of stability that Council's Officers believe will have a high probability of achieving long term stability (i.e. until house construction has occurred on all lots), Council Officers may take the following matters into consideration in determining whether the site is capable of achieving medium to long-term stability:
evidence that the site has been effectively stabilised in the short term;
evidence that soil has been adequately ameliorated;
evidence that seed of annual and perennial grass species has been applied at an adequate rate; and
that grass seed has germinated at a density that is likely to achieve an effective grass cover.
ENVIRONMENTAL HEALTH
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
he 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.
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 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.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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