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Negotiated Decision Notice MCU20 0071 · MCU20/0071
Officer: Tara Norley
Direct Telephone: 07 5329 6486
Our Reference: MCU20/0071
Your Reference: n/a
16 December 2020
Devalign
PO Box 27
MOUNT GRAVATT QLD 4122
[email protected]
Dear Sir
Amended Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On
16 December 2020, Council decided your representations. This negotiated decision notice
replaces the decision notice approved on 12 November 2020.
Details of the negotiated decision are as follows:
1. APPLICATION DETAILS
Application No: MCU20/0071 and OPW20/0130
Street address: 24 Moorindil Street, Tewantin Qld 4565
Real property description: Lot 2 on RP89425
Planning Scheme: Noosa Plan 2020 (31 July 2020)
2. DECISION DETAILS
Council on 12 November 2020, decided to issue the following type of approval:
• Development Permit for Material Change of Use of Premises (Multiple Dwelling (6 small
dwelling units); and
• Building Work assessable against the Planning Scheme for Demolition; and
• Operational Works (Drainage work, Stormwater, Earthworks and landscaping)
In relation to representations, Council on 16 December 2020 decided to:
A. Amend Condition 43 in part;
B. Amend Advisory Note 4;
C. Refuse to delete/amend Conditions 42, 48, 64, 74, 89-97 on the following grounds:
Conditions 42, 48 and 64
i. The existing footpaths along Moorindil and Toolar Streets, at 1.2m in width, are not in
accordance with current standards. In addition, the proposal will result in increased
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au
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pedestrian volumes along Moorindil and Toolar Streets, whilst the location of the subject
site, in a highly populated area in proximity to Tewantin State School, a childcare centre,
service station and the Tewantin town centre is subject to heavy pedestrian traffic, which
is likely to increase with future redevelopment in this area of Tewantin.
Condition 74
ii. Condition 74 is a standard Council condition that is imposed on all similar development
approvals. In addition, the proposed rewording removes reference to holdpoint/s, which
is specifically required for the frontage works.
Conditions 89-97
iii. Conditions 89-97 are Council’s standard conditions for Erosion and Sediment Control for
this type of development approval, and are considered reasonable and relevant.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
MATERIAL CHANGE OF USE - MCU20/0071
PLANNING
When Conditions must be Complied With
1. 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
2. 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
18.1219.1B 1B Ground Floor Plan, prepared by and+design Dec 2019
18.1219.2B 2B First Floor Plan, prepared by and+design Dec 2019
18.1219.3B 3B Roof Plan, prepared by and+design Dec 2019
18.1219.4B 4B Elevations, prepared by and+design Dec 2019
18.1219.1B 5B Sections, prepared by and+design Dec 2019
20024 - CD-001 F Landscape Plan, prepared by Project Urban 12.10.2020
Currency Period
3. The Currency Period for this development approval lapses if the use has not happened by
12 November 2026, unless an application to extend the currency period is approved by
Council.
Nature and Extent of Approved Use
4. The approved Multiple dwelling is comprised of six small dwellings, in accordance with the
administrative definition under Noosa Plan 2020.
5. The plot ratio of the development must not exceed 0.5:1, in accordance with the
administrative definition under Noosa Plan 2020.
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Building Height
6. The maximum height of the development must not exceed 8 metres above the ground level.
7. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
buildings do not exceed the maximum height requirement of this Decision Notice.
Performance Bond
8. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000.00 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.
Water & Sewer Connections
9. 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).
10. 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
11. All air conditioning units or other mechanical equipment:
a) where located at ground level, screened by fencing 1.5 metres in height or
dense vegetation of at least 1.5 metres in width incorporating grouped trees and shrubs
with a maximum separation distance of 1 metre measured from the centre of the plant;
b) where located above ground level, enclosed or screened such that it is not visible from
the street frontage nor adjoining properties; and
c) visually integrated into the line and plane of the building and roof design and does not
project beyond the height or width of the building when viewed from the street and
adjoining properties.
12. All deck and balcony areas above ground floor must not be enclosed by permanent fixtures
such as shutters, louvres, glass panelling or the like, except where required to satisfy any
privacy condition of this Decision Notice.
Protection of Privacy
13. To ensure privacy is protected between properties, the windows of ‘Bed 1’ and those located
on the southern and western elevation on the first floor of both Block A and Block B must:
a. be fitted with translucent glazing; or
b. be fitted with a fixed external screen.
14. If required, the upper level balcony located on the first floor western building face of Block A
(Units 1, 2 and 3) must include either, 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 property.
Materials and Finishes
15. Buildings and structures must use:
a. natural finishes wherever possible;
b. a mix of lightweight and textured external finishes;
c. masonry construction where variation is provided in texture and the façade uses a
variety of finishes to break up the surface; and
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d. open or transparent balustrades.
Clothes Drying Areas
16. Each dwelling unit must be provided with access to an outdoor clothes line which is screened
from public view.
Fencing and Walls
17. Any street fencing must be set back an average of 1 metre from the front property boundary.
Any fencing on the front boundary must either:
a. not exceed a maximum height of 1.2m; or
b. be of open construction.
18. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
Landscaping
19. The development site must be landscaped. The works must be undertaken in accordance
with the approved plans and Noosa Plan 2020 Planning Scheme Policy PSP2 Landscaping
for the Tewantin area.
20. Existing vegetation in the road reserve must be retained, unless written authorisation from
Council is granted for the clearing.
21. Trees to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape
b. installing protective fencing around the drip line of the vegetation
c. restricting stockpiling, storage and vehicle parking to those areas which are already
cleared
d. using low impact construction techniques around vegetation.
22. A minimum of 7 street trees (in total) are to be provided along the Toolar and Moorindil Street
frontages. The location of the street trees within the road reserve is to be confirmed in
consultation with Council at the pre-start meeting. Street trees are to be of a species that
does not impact on services or Council infrastructure.
23. 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.
Community Management Statement
24. Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
25. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice.
Environmental health
26. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy PSP9 - 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.
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27. 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 and this can be achieved with a nib wall 50mm high and up to 700mm x
700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design
approved by Council.
28. Noise emission from mechanical equipment shall comply with the following requirements:
a. Air-conditioning and Refrigeration
• 7am to 10pm: Maximum background + 5dB(A);
• 10pm to 7am: Maximum background + 3dB(A);
b. Pumps
• 7am to 7pm: Maximum background + 5dB(A);
• 7pm to 10pm: Maximum background + 3dB(A);
• 10pm to 7am: No audible noise.
29. Submission of written certification from a suitably qualified person confirming that the noise
levels from all mechanical equipment comply when measured at either the residential
boundary or outside the most exposed part of an affected building, whichever is the closest
to the equipment.
The assessment and certification is required immediately after installation of the equipment
and prior to any occupation of the building, and in a format approved by Council. All
equipment should be operating at the same time to test the overall noise level created.
BUILDING WORK ASSESSABLE AGAINST THE PLANNING SCHEME
DEMOLITION
Performance Bond
30. 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
31. 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
32. A Waste Management Plan (demolition) must be submitted in accordance with Planning
Scheme Policy PSP9 - 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.
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The Plan must contain the following information:
a. The areas for the storage and separation of waste shown on a site plan;
b. A waste management table as indicated below is to be completed showing how waste
material is to be segregated - recycled – reused or disposed; and
c. Table – Waste Management Table in accordance with Planning Scheme Policy PSP9
- Waste Management - SC6.10.4
Note * If a demolition contractor is undertaking works, then the Waste Management table is
to be completed by the demolition contractor.
Damage to infrastructure
33. 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
34. 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.
35. All waste materials must be removed from site.
Litter, erosion and sediment control
36. 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
37. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
38. 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.
39. 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.
40. 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
41. 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.
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ENGINEERING
External Works
42. Toolar Street must be upgraded for the length of the frontage to the subject site. The works
must include, in particular:
a. Construction of a pedestrian concrete footpath in accordance with the conditions of this
Decision Notice; and
b. Removal of the existing property access, any redundant pram ramps 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.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
43. Moorindil Street must be upgraded for the length of the frontage to the subject site. The
works must include, in particular, construction of a pedestrian concrete footpath in
accordance with the conditions of this Decision Notice.
This condition is imposed pursuant to s128 of the Planning Act 2016 being trunk
infrastructure.
Site Access and Driveways
44. A sealed access driveway must be provided from Toolar Street to all parking and
manoeuvring areas of the development. The works must include in particular a driveway
crossover generally in accordance with Council’s Standard Drawings RS-049 and RS-050
and any associated addendums.
45. The vehicle access driveway must be constructed to levels and grades that ensure that
vehicles do not scrap or bottom out on the driveway or road pavement when entering and
exiting the site.
Car Parking
46. A minimum of eight car parking spaces must be provided and marked on the site. The works
must include, in particular:
a. two visitor parking spaces within the total, which are clearly marked for that purpose
and accessible at all times for visitor use; and
b. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
Pedestrian Facilities
47. Pedestrian facilities must be provided for the development. The works must include a 2.0
metre wide concrete footpath within the road verge for the entire length of the site’s frontage
to Toolar Street, with the width varied, where necessary, and at an absolute minimum width
of 1.8 metres. The final alignment of the pathway, pram ramps locations and footpath width
will be determined in the final design of the footpath for the operational works.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
48. Pedestrian facilities must be provided for the development. The works must include:
a. a 2.0 metre wide concrete footpath within the road verge for the entire length of the
site’s frontage to Moorindil Street, with the width varied, where necessary, and at an
absolute minimum width of 1.8 metres; and
b. a pram ramp connecting the footpath to the road formation in Toolar Street.
The final alignment of the pathway, pram ramps locations and footpath width will be
determined in the final design of the footpath for the operational works.
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This condition is imposed pursuant to s128 of the Planning Act 2016 being trunk
infrastructure.
Stormwater Drainage
49. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge.
50. Stormwater runoff from the development must be discharged into Council’s kerb and channel
in Moorindil and Toolar Streets in accordance with approved plans.
Electricity and Telecommunication Services
51. Reticulated electricity and telecommunication services must be provided in accordance with
the standards and requirements of the relevant service provider.
52. 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.
53. Certification must be submitted to Council from all relevant service providers which certifies
that the development has met the requirements of this Decision Notice and all applicable
legislation at the time of construction.
Easements
54. 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.
55. 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.
56. 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
57. 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
supervision. 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 Council signing the Plan
of Survey
58. All earthworks and associated batters, foundations, anchors etc (both above and below
ground level) 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.
59. Earthworks carried out on site must not affect the structural integrity of any of the existing
fences and/or structures and/or lands that border the development site. Fences that are
affected shall be replaced prior to the Building Certifier issuing the Certificate of
Classification.
60. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0 metre in height. All retaining walls
and steep batter that are publicly accessible must be fitted with a commercial grade safety
fence.
Damage to Services and Assets
61. 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:
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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.
OPERATIONAL WORKS - OPW20/0130
Approved Plans
62. 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
30008-OW3.1 Operational Works: Earthworks, prepared by Jan 2020
SCG Consulting Engineers
As Annotated by Council
30008-OW3.2 A Operational Works: Earthworks Sections 22/09/2020
prepared by SCG Consulting Engineers
30008-OW5.1 A Operational Works: Driveway Access & Details, 22/09/2020
prepared by SCG Consulting Engineers
As Annotated by Council
30008-OW5.2 A Operational Works: Driveway Levels & Sections, 22/09/2020
prepared by SCG Consulting Engineers
As Annotated by Council
30008-SW1.1 A Operational Works: Stormwater Management, May 2019
prepared by SCG Consulting Engineers
As Annotated by Council
20024 - CD-001 F Landscape Plan, prepared by Project Urban 12.10.2020
20024 - CD-002 D Landscape Notes, prepared by Project Urban 09.10.2020
20024 - CD-003 E Planting Schedule, prepared by Project Urban 12.10.2020
20024 - CD-200 C Construction Details, prepared by Project Urban 25.02.2020
Currency Period
63. The Currency Period for this development approval lapses if the development has not
substantially started by 12 November 2026, unless an application to extend the currency
period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
64. Detailed engineering design plan/s for the upgrade of the public concrete footpath for the full
frontages of the site, prepared and certified by suitably qualified RPEQ, must be submitted
and endorsed by Council prior to requesting a prestart meeting. The plan/s must
include/address the following:
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a. A 2.0 metre wide concrete footpath within the road verge for the entire length of the
site’s frontage to Moorindil and Toolar Streets in accordance with Council’s Standard
Drawing RS-065 and with a varied width, if necessary, to address site constraints, but
at an absolute minimum width of 1.8 metres.
b. Must be extended, where necessary, beyond the frontages of the site to smoothly join
the existing pathway or to achieve compliant grades and standards.
c. A longitudinal section for the full length of the proposed pathway that demonstrates
compliant public pathway grades. The section should also indicate any required
earthworks (cut/fill) on the road verge.
d. Details for any required pram ramps in accordance with the applicable standards, and
Council’s requirements.
e. Any necessary handrail requirement for fall protection in compliance with the applicable
standards.
f. Any required adjustment to existing public services’ covers (eg water hydrant, Telstra
pit/s etc).
g. Any required stormwater drainage provisions (eg drainage measures to control surface
runoffs or stormwater ponding near sag points.
65. 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.
66. A condition report including photographs of the frontage of the site must be completed and
submitted to council at the prestart meeting and prior to any works commencing.
67. A condition report including photographs of existing dividing fences, buildings and structures
on adjoining properties (including but not limited to retaining walls, fences, paved areas,
swimming pools, etc) that have a potential to be impacted on by the proposed development
works must be completed prior to any works commencing and submitted to Council and
agreed on at the prestart meeting.
68. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council at the prestart meeting.
69. 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. Landscape works;
c. Erosion and sediment control works;
d. Other relevant parties
70. A Construction Management Plan must be submitted to Council prior to the pre-start meeting
and must specifically address the following:
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 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
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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. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
f. For haulage operations involving significant volumes of fill material or 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
71. 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.
72. 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
73. 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.
74. 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.
75. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice.
b. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.
c. 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
76. 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.
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Works within Road Reserve/Reinstatement
77. 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.
78. 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.
79. 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.
Public Footpaths
80. All footpath must be constructed in accordance with the following requirements:
a. All footpath/cycleway must comply with Council’s Standard Drawing RS-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.
f. 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 Driveway
81. Driveway crossovers must be constructed in accordance with the approved plans and
Council’s Standard Drawings RS-049 and RS-050 and any associated addendums
82. 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.
83. Any damaged kerb and channel along the frontages of the site must be replaced to the
reasonable satisfaction of Council.
84. 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. Must have a slip resistant surface.
c. The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties.
d. Underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway.
e. Where there is an existing or proposed pedestrian footpath, a matching crossfall must
be provided for the driveway on the alignment of the path, for the full width of the
footpath.
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f. 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.
Stormwater Drainage
85. Stormwater drainage works must be constructed in accordance with the approved plans and
in compliance with the relevant standards and best engineering practices
86. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
87. 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).
88. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
Erosion & Sediment Control
89. All necessary erosion and sediment control measures must be provided and established prior
to the demolition works being carried out on the site.
90. All reasonable measure must be provided and established prior to commencement of
earthworks to prevent entrainment and export of sediments into the existing downstream
stormwater system.
Where required construction hold point/s with a council delegate and supervising RPEQ must
be discussed at the prestart meeting and established prior to commencement of earthworks
for the development. The hold point must be held as soon as reasonably practical and prior
to the first rain event forecast following initial tree clearing or removal of soil stabilising
material. At the hold point/s inspection, all required sediment basins, drains and/or bunds to
divert waters away from disturbed soil or soils about to become exposed through cut to fill
activities must be installed.
91. Prescribed Water Contaminants (as defined in Schedule 9 of Environmental Protection
Regulation 2008) 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.
92. 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.
Council may request further controls to be installed should the implemented measures be
found inefficient.
93. 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).
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94. 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.
95. 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.
96. 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
c. within 18 hours of a rainfall event (i.e. an event of sufficient intensity and duration to
mobilise sediment on site).
97. 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.
Landscaping
98. The development site must be landscaped. The works must be undertaken in accordance
with the approved plans and Noosa Plan 2020 Planning Scheme Policy PSP2 Landscaping
for the Tewantin area.
99. Existing vegetation in the road reserve must be retained, unless written authorisation from
Council is granted for the clearing.
100. Trees to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape
b. installing protective fencing around the drip line of the vegetation
c. restricting stockpiling, storage and vehicle parking to those areas which are already
cleared
d. using low impact construction techniques around vegetation.
101. A minimum of 7 street trees (in total) are to be provided along the Toolar and Moorindil Street
frontages. The location of the street trees within the road reserve is to be confirmed in
consultation with Council at the pre-start meeting. Street trees are to be of a species that
does not impact on services or Council infrastructure.
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102. 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.
103. 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 PSP03 Landscaping Plants and
Guidelines.
104. Suitable root barriers must be installed where proposed trees are adjacent to paths,
pavement etc in accordance with Council’s Planning Scheme Policy PSP03 Landscaping
Plants and Guidelines.
FOLLOWING CONSTRUCTION
Certification
105. 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.
106. A final inspection and approval of the works and completed reinstatement works by Council’s
Inspector is required. Please contact Council on 5329 6245 to arrange for the inspection.
107. Prior to commencement of use the following (prepared by respective qualified persons* and
certifying compliance with approvals) must be submitted to Council:
a. Certification of Street Trees conforming to AS 2303:2018, Tree Stock Standard for
Landscape Use, addressing each specimen
(* Refer to Advisory Note)
As Constructed Plans
108. 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 generally 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. Licensed Surveyor in regard to the cadastral and locational information, levels
and applicable survey datum, where required.
d. The data must be in accordance with Council’s “Planning Scheme Policy 5 –
Engineering Design Standards – Roads, Drainage and Earthworks”, 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
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109. All municipal works must be accepted ‘On Maintenance’ by Council in accordance with
Council’s relevant Planning Scheme Policy. 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 and the
conditions of this permit.
Maintenance Bonds.
110. The developer is responsible for the maintenance of all development works which are to
become Council assets (includes civil infrastructure, landscaping, open space areas, park
improvements) for a minimum period of 12 months or as otherwise advised by Council. This
period will commence from Council’s formal acceptance of the development “on
maintenance”.
111. The developer must submit a Maintenance Bond to Council to ensure the above works are
maintained during this period. The maintenance bond must be:
a. 5% of the agreed value of the development obligations; or
b. $1500, whichever is the greater amount
Off Maintenance
112. Prior to requesting an Off Maintenance inspection the developer must provide a written
request for the Off Maintenance inspection.
113. 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 wrongly 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:
Infrastructure Charges
114. 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
Environmental Health
115. It is highly recommended that the person you engage to certify the installation of mechanical
equipment is involved at the plan development stage so they can recommend where this
equipment is best located. They can also advise about noise enclosures and can make other
suggestions to avoid noise problems. It is a lot more costly to try and deal with noise
problems after everything is built.
Qualified Person
116. For the purpose of supervising landscape works and preparing a landscape certification, a
qualified person 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.
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Private Infrastructure
117. All private infrastructure for the development must be designed to meet the planning scheme
requirements unless otherwise agreed by the relevant authority
General
118. 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.
119. 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.
120. 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
121. Contact Council on 5329 6245 to arrange a prestart or an inspection giving a minimum of 5
business days notice of preferred inspection time.
It should be noted prior to arranging a prestart meeting the Right of Appeal Period of 20
business days should have been passed or the applicant has confirmed by a letter or an
email that he/she has accepted the conditions of Decision Notice and waived his/her appeal
right.
122. 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.
123. 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
124. 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
125. Accepted best practice standards include:
a. the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2
or other superseding document subsequently adopted by Council;
b. Best Practice Erosion and Sediment Control, International Erosion Control Association
(2008)
126. 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
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• 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.
If at the time of request of the final 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, 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.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
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.
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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
Tara Norley
Development Planner
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 17 November 2020.
• Negotiated Decision Notice – 16 December 2020, with an
amendment to condition 43 and Advisory Note 4.
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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.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au
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