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Decision Notice - OPW22 0303 [As Published]
Officer: Mark Lewis
Direct Telephone: 07 5329 6290
Our Reference: OPW22/0303
Your Reference: n/a
21 April 2023
Stockwell NC P/L TTE
C/- MPN Consulting Pty Ltd
399 Montague Rd
WEST END QLD 4101
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 21 April 2023, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: OPW22/0303
Street address: 26 Eenie Creek Rd Noosaville Qld 4566
Real property description: Lot 22 SP 322201
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Operational Works - Drainage Works, Earthworks, Landscaping,
Roadworks, Stormwater
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
APPROVED PLANS
1. 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.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Plan No. Rev. Plan/Document Name Date
CN.0.101C 2 Cover Sheet prepared by MPN 25 November 2022
Consulting
CN.0.102C 2 Construction Notes prepared by MPN 25 November 2022
Consulting
BE.1.101C 3 Bulk Earthworks Plan prepared by MPN 15 February 2023
Consulting
CP.1.101C 3 Civil Works Plan prepared by MPN 15 February 2023
Consulting
CP.2.101C 2 Civil Works Details prepared by MPN 25 November 2022
Consulting
LM.1.101C 3 Signs and Pavement marking Plan – 15 February 2023
Sheet 1 prepared by MPN Consulting
LM.1.102C 1 Signs and Pavement marking Plan – 25 November 2022
Sheet 2 prepared by MPN Consulting
PV.1.101C 3 Pavement Types Plan prepared by 15 February 2023
MPN Consulting
SW.2.101C 2 Bio-Retention Basin Details prepared 25 November 2022
by MPN Consulting
SW.3.101C 2 Stormwater Drainage Longitudinal 25 November 2022
Sections prepared by MPN Consulting
8662 B Operational Management & 9 February 2023
Maintenance Plan prepare by MPN
Consulting
2021032 - 000 06 Cover Sheet – Drawing schedule, sheet 15 February 2023
layout plan by Place Design Group
2021032 - 001 06 General specification by Place Design 15 February 2023
Group
2021032 - 002 06 Finishes schedule and legends by 15 February 2023
Place Design Group
2021032 - 002 06 Planting schedule by Place Design 15 February 2023
Group
2021032 - 101 06 Existing trees plan by Place Design 15 February 2023
Group
2021032 - 201 06 Surfaces plan by Place Design Group 15 February 2023
2021032 - 301 06 Grading plan – Levels and drainage 15 February 2023
sheet by Place Design Group
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2021032 – 601 06 Planting plan by Place Design Group 15 February 2023
2021032 – 901-1 06 Hardscape details by Place Design 15 February 2023
Group
2021032 – 902-1 06 Softscape details by Place Design 15 February 2023
Group
PR0587 001 Fauna Management Plan by Biodiverse 9 February 2023
Environmental
22196449 1 Tree Management Plan by Consult 21 November 2023
Arborist
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 26 April 2025, unless an application to extend the currency period is
approved by Council.
Site Specific Conditions
3. The required stormwater storage tanks must be clearly shown on the hydraulic drawings
approved through the building permit.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
4. Submit amended plans to Council as described in the List of plans requiring amendments.
Plans must be submitted and approved prior to the pre-start meeting.
5. Tree protection fencing must be installed under the supervision of the qualified person*.
(Refer to Advisory Note)
6. 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.
7. A condition report of the Council drainage system within the frontages of the site must be
completed for agreement at the prestart meeting.
8. 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.
9. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
10. 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:
a. Civil engineering works;
b. Arboreal works.
c. Fauna management works.
d. Landscape works.
e. Erosion and sediment control works;
f. Other relevant parties
11. A Construction Management Plan must be submitted to Council at least 5 business days
prior to the pre-start meeting and must specifically address the following:
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a. Traffic Management during all aspects of the construct phase including:
i. 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.
ii. Maintenance of safe vehicle and pedestrian access across the frontage of the
site both during daily construction and after daily construction has ceased
iii. Proposed fencing to the site during the construction phase of the development
iv. Adequate parking arrangements for construction workers
v. No queuing of trucks is permitted on residential streets, especially prior to
7.00am. Further parked trucks must have engines turned off
b. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures
c. Works programme identifying key components of the works and their respective
durations
d. 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
e. Include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details
f. 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.
g. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
h. For haulage operations involving significant volumes of excavated material being
transported onto or off the site: details on the location of external fill sites/sources, the
haulage route, type of vehicle to be utilised during filling operations and frequency of
usage. NB any damage to the existing road system as a result of haulage operations
shall be fully repaired at the applicant’s expense.
12. 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.
13. 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
14. 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.
15. 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 required such confirmation must be
submitted for the respective hold points prior to any site inspection by Council Officers.
16. All works must be constructed and work procedure undertaken in accordance with:
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a. The approved plans/documents and conditions detailed in this Decision Notice
b. The relevant conditions of the higher order Material Change of Use approval viz.
MCU22/0038.01 to which this approval relates
c. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines
d. 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
17. 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
18. Safe vehicle and 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.
19. 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.
20. 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
21. All pathways must be constructed in accordance with the following requirements:
a. All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065.
b. Provision must be made for disabled access at all kerb crossings associated with
pathways, in accordance with Council's current standards.
c. All paths must have a slip resistant surface.
d. Expansion and contraction joints must provide a flush finish. Installation of joints by
saw cutting is preferred to ensure a smooth ride for cyclists.
e. 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.
22. Pathways must:
a. terminate in a manner that ensures smooth transition to existing surfaces for public
safety.
b. 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
23. Driveway crossovers must be constructed in accordance with Council’s Standard Drawing
RS-051 and any associated addendum.
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24. 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.
25. The following must be complied with during the construction of the required
crossover/driveway:
a. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete.
b. The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties.
c. Underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway
d. 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.
e. 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.
26. Pedestrian / Vehicular Warning signs must be installed at basement entrance to improve
driver awareness of pedestrians and enhance pedestrian safety.
Earthworks and Retaining Walls
27. All earthworks shall 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 as defined in Appendix B. Test
results as required by AS 3798, and a certificate of quality and uniformity of fill shall be
provided by a RPEQ and submitted to Council prior to the commencement of the use.
28. Fall protection must be provided to retaining walls that are over 1m high.
29. Slope and batters are a maximum grade of:
a. 1 in 6 where in proximity to waterbodies
b. 1 in 4 for grassed areas.
c. 1 in 3 for planted areas.
d. 1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
30. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
31. 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).
32. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
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Erosion and Sediment Control
33. 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. These
measures must be designed, implemented and maintained in accordance with “Best Practice
Erosion and Sediment Control” published by the International Erosion Control Association
(Australasian Chapter) (IECA, 2008), to the extent that such measures and practices are also
consistent with the following:
a. Minimise Erosion:
i. For areas of the site which drain to a sediment basin, implement drainage and
erosion control measures prior to rainfall which prevent or minimise rill erosion
and gully erosion
ii. For areas of the site which do not drain to a sediment basin, implement drainage
and erosion control measures prior to rainfall (including contingency measures)
which prevent or minimise erosion, including rain drop erosion, chemical erosion,
rill erosion and gully erosion
iii. Prior to the commencement of the 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.
b. Manage concentrated stormwater flows
i. Prior to each rainfall event ensure concentrated stormwater flow paths are
provided with capacity in accordance with IECA (2008) Table 4.3.1 and are
structurally stable in all rainfall events for the following sources:
a) From stormwater catchments upslope of the area of disturbance which are
either stable or external to the site, ensure stormwater is diverted or
managed either:
i. around the site or through the site without causing erosion and
without contaminating the flow; or
ii if it is impractical to convey the flows around or through the site,
convey the flows into appropriately sized sediment basins without
causing erosion.
b) From all disturbed areas of the site to sediment basin(s) without causing
erosion
c. Minimise sediment released from the site
i. Prior to each rainfall event ensure concentrated stormwater flow paths are
provided with capacity in accordance with IECA (2008) Table 4.3.1 and are
structurally stable in all rainfall events for the following sources:
a) Each basin is sized and operated in accordance with either a Type-A or
Type-B sediment basin as documented in IECA (2008) Appendix B (June
2018).
b) Each basin is to be provided with an automated system of flocculent dosing
and a suitable supply of flocculent/coagulant, with the type of
flocculent/coagulant determined based on Chemical Coagulants and
Flocculants Fact Sheet (IECA, 2018).
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c) Markers are provided within each basin indicating the maximum sediment
storage level and any additional water storage capacity for water reuse.
d) During discharge from the primary outlet system, the concentration of total
suspended solids (“TSS”) discharged does not exceed 50mg/L and that pH
is within the range of 6.5-8.5 unless entering a naturally acidic environment.
ii. Install and maintain additional sediment control measures within the site, as
necessary to maximise sediment capture.
iii. Minimise the tracking of dirt from the site onto roadways. Ensure that all dirt on
roadways caused by vehicles leaving the site is removed without causing water
contamination, prior to rainfall and at least at the end of each work day.
34. 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:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods,
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods,
c. Been revised to address predicted rainfall events, and
d. Achieve the desired environmental outcomes.
35. Earthworks and the implementation of erosion and sediment controls are undertaken in ways
which ensure flooding characteristics (including stormwater quantity characteristics) external
to the development site are not worsened during construction for all events up to and
including the 1% AEP (1 in 100 year ARI) event.
36. Drainage paths must be regularly inspected to ensure the sediment fences/measures are not
being bypassed as a result of sediment build up. Sediment laden runoff must be prevented
from leaving the subject site and entering neighbouring properties and/or stormwater
systems.
37. Soil exposure must be limited on the site to a distance of no more than 2m beyond the extent
of earthworks shown on the approved plans except where the exposed soil is effectively
stabilised without delay and prior to rainfall occurring.
38. A log book for the Erosion and Sediment Control measures and inspections must be
maintained by the site manager and made readily available to Council when requested. The
supervising engineer must verify and endorsed the E&SC measures upon their installation,
and periodically check these measures and the log book during construction and the
stabilisation stages. Any defects in erosion and sediment control devices, such as sediment
fences, are to be inspected and documented. Upon Inspection, the contractor is to determine
whether the device should be replaced or repaired. Documentation is to include how the
damage was caused and what measures can be implemented to reduce the possibility of
repeat occurrences. Any damage to either permanent or temporary water quality control
structures or devices is to be immediately rectified at the contractor’s expense.
The effectiveness of the erosion and sediment control devices must be monitored. All ESC
measures are to be inspected:
a. at least daily (when work is occurring on site) or weekly (when work is not occurring on
site); or
b. within 24 hours of expected rain; or
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c. within 18 hours of a rainfall event (i.e. an event of sufficient intensity and duration to
mobilise sediment on site).
Retention of Existing Trees and Vegetation
39. All trees and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.
40. A qualified person * must be engaged for the duration of the works to:
a. Ensure works are carried out in accordance with the approved Arborist Report
b. Oversee installation of all tree protection fencing prior to commencement of any works
onsite (including any clearing).
c. Supervise tree protection within the development site and frontages, prior to, during
and following construction in accordance with AS 4970, Protection of trees on
development sites.
d. Oversee approved tree removal in proximity to retained trees.
e. Undertake a risk assessment of all trees within striking distance of the development
works and site and carry out hazard removal and amenity pruning in accordance with
AS 4373, Pruning of amenity trees.
*(Refer to Advisory Note)
Fauna Management
41. A qualified person* must be engaged to manage fauna prior and during clearing to:
a. Ensure works are carried out in accordance with the approved Fauna Management
Plan; and the Nature Conservation Act 1992.
b. Undertake pre-clearing inspections including fauna relocation and removal or blocking
of all vacant hollows.
c. Ensure clearing works avoids nesting times of animals and birds.
d. Co-ordinate staging and sequence of clearing with fauna protection.
e. Protect and recover fauna during clearing operations.
f. Manage the translocation of animals and recovery procedures in accordance with
relevant legislation.
g. Undertake protection works for mulching of any stockpiled vegetation.
*(Refer to Advisory Note)
Removal of Existing Trees and Vegetation
42. Removal of existing trees and vegetation must be undertaken by a qualified person* and
must include:
a. Stump grinding to below finished surface level.
b. Rectification to the finished surface levels and materials.
c. No damage to other vegetation for retention.
d. Legal disposal of all removed vegetation and debris.
e. Replanting at a ratio of 5 replacement trees of the same species for each removed
tree.
*(Refer to Advisory Note)
43. Vegetation removal, felling and lopping must:
a. Retain old growth tree hollows and suitably relocate and distribute for nesting fauna.
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b. Mulch all other wood and leaf material (without root balls, soil or debris and minimising
weed seeds) for re-usable mulch.
c. Have mulch for re-use in landscape or rehabilitation stockpiled and aged for a minimum
of three months.
d. Have mulch stockpiles no larger than 1000m3, 2.5m in height and with 10m separation
between piles.
e. Allow for existing endemic ground flora to be translocated to suitable landscaping and
rehabilitation areas.
f. Conclude with the area being stabilised against erosion, landscaped, rehabilitated and
revegetated.
*(Refer to Advisory Note)
Plant Pest Management
44. A qualified person* must manage plant pest (weeds) to:
a. Ensure plants listed as Class 1 and 2 declared pests within Council’s Pest
Management Plan are controlled and prevented from spreading.
b. Oversee management techniques that minimise regrowth, prevent damage to non-
target species, retain conservation values and maintains site stability.
*(Refer to Advisory Note)
Landscaping Works
45. Landscape works must be supervised, undertaken and certified by qualified persons*. All
works must be completed in accordance with this Decision Notice.
(* Refer to Advisory Note)
46. Landscape works must:
a. Ensure amenity or sales signage and ancillary infrastructure is not installed within the
road reserve.
b. Ensure permanent irrigation is not installed within the road reserve.
c. Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of
foreign matter including anthropogenic waste, rock, soil/sediment contamination and is
applied to all planting areas to ensure a minimum 100mm depth once settled. *(Refer
to Advisory Notes)
47. Public amenity trees* must:
a. Meet AS 2302 – Tree Stock for landscape use.
b. Be located in accordance with engineering requirements for safe vehicle and
pedestrian sight lines.
c. Be located from services and infrastructure a minimum of:
i. 6m from electricity poles and pillars.
ii. 4m from street lighting.
iii. 2m from stormwater catchment pits.
iv. 2m from any adjoining driveway.
*(Refer to Advisory Note)
48. Turfed areas must be free of pest, diseases and weeds and level with adjoining surfaces.
Site Stability and Soil Quality
49. Soil for landscaping must:
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a. Provide for healthy and sustained site specific vegetation performance.
b. comply with AS 4419, Soils for landscaping and garden use.
Damage to Services and Assets
50. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
FOLLOWING CONSTRUCTION / PRIOR TO THE COMMENCMENT OF THE USE
Certification
51. 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.
52. Prior to commencement of use the following (prepared by respective qualified persons* and
certifying compliance with approvals) must be submitted to Council:
a. Landscaping certification.
b. Arboreal certification.
c. Fauna Report documenting the findings and outcome of the fauna protection works
undertaken.
d. Pest Plant certification.
As Constructed Plans and ADAC XML Files (Council)
53. 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 shall include:
a. 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;
b. 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.
c. The “As-Constructed” drawings will require certification by a:
i. 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;
ii. Registered Cadastral Surveyor (Qld) in regard to the cadastral and locational
information, levels and applicable survey datum.
d. 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.
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e. Landscaping, including all assets and improvements within parks, open space and road
reserves areas are to be shown on an accompanying separate landscape plan
(prepared in .dwg file format with accompanying hardcopy PDFs) and include a
complaint ADAC XML file. Details of the landscaping and all associated assets and
improvements may be included in the ADAC XML digital file prepared for associated
civil infrastructure, or alternatively, be provided as a separate ADAC XML digital file
containing landscape and asset information only.
On Maintenance
54. All municipal works must be accepted ‘On Maintenance’ by Council in accordance with
Council’s relevant Planning Scheme Policy prior to plan sealing. To achieve ‘On
Maintenance’, the supervising RPEQ must submit to Council:
a. certification that all works have been undertaken and completed in accordance with the
requirements of this Permit.
b. as Constructed details in accordance with Council’s Planning Scheme Policy.
c. maintenance and operational manuals for all proprietary or site specific devices
Off Maintenance
55. Prior to requesting an Off Maintenance inspection the developer must provide a written
request for the Off Maintenance inspection.
56. A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged
where:
a. a Council inspection reveals works do not comply with approval requirements
b. submitted certification falsely states works comply with approval requirements.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
General Advisory Notes
1. 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.
2. 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.
3. 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
4. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days notice of preferred inspection time.
5. 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.
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6. 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.
Prestart
7. Tree Protection Bond:
a. may be drawn upon by Council if:
i. the recommendations of the Arborist report are not implemented and,
ii. any trees identified for retention are damaged to the point where they cannot be
saved (as confirmed by the site Arborist and agreed in writing by Council).
b. will be returned upon receiving certification from the site Arborist that all requirements
nominated in the Arborist report referenced within this Decision Notice have been
completed.
Retention of Existing Trees
8. The existing trees on adjoining properties must be retained and protected during construction
wherever achievable. To avoid doubt, this advisory note is not intended to exclude the
operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following
construction of the development which is the subject of this development approval.
Removal of Existing Trees and Vegetation
9. Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
well as optimum weed seed sterilisation.
Qualified Person
10. Qualified Person, for the purpose of:
a. Supervising landscape works and preparing a landscape certification, is considered to
be a landscape architect, landscape designer or horticulturist with a minimum of three
years current experience in the field of landscape design.
b. Undertaking landscape construction and establishment works is considered to be a
person with five years current experience in commercial landscape construction
projects.
c. Undertaking rehabilitation construction and establishment works is considered to be a
person with five years current experience in revegetation and regeneration.
d. Undertaking, supervising tree works and preparing arboriculture certification, is
considered to be a person with a minimum three years current experience in tree
protection, hazard identification/mitigation and assessment and either:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture.
e. Undertaking Fauna site works and calculating compensatory habitat is considered to
be a Fauna Spotter Catcher with current certification under the Queensland Parks and
Wildlife Service.
f. Preparing certification and managing declared plant pests, is considered to be:
i. an environmental consultant with a minimum of 3 years current experience in the
field of pest plant management.
g. Assessing and certifying soil quality is considered to be an Agronomist or
Horticulturalist with three years current experience in soil testing.
Landscape Works
11. The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges
Register where:
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a. An inspection revealed that any constructed rehabilitation/landscape works do not
comply with the conditions of the Decision Notice, Approved Plans and or Approved
Documents
b. Certification is submitted to Council falsely stating that works comply with the approved
plans, documents and or conditions of the Decision Notice.
12. Public amenity trees are defined as any tree located within public streets, parks or areas that
will become publicly owned as a result of this development.
Environmental Advisory Notes
13. 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
14. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
15. 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).
16. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the final inspection:
a. 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
b. 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.
Aboriginal Cultural Heritage Act 2003
17. 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.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
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9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work.
10. SUBMISSIONS
Not applicable.
11. 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.
12. 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,
Mark Lewis
Coordinator-Engineering
Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (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 –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (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
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of 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
(2) The notice of appeal must be accompanied by the required fee.
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