Delegated Report - Code - Planning MCU22 0116

Author	Consultant Planner
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0116, OPW22/0173, RAL22/0014
Applicant	Santiago Nominees P/L TTE
Proposal	Material Change of Use - Dual occupancy Development Permit for Operational Works for landscaping, access, car parking, earthworks and stormwater Reconfiguring a Lot for a community title subdivision Development Permit for Building Works (Demolition)
Properly Made Date	19 July 2022
Information Request Date	1 September 2022
Information Response Date	28 October 2022
Decision Due Date	13 January 2023
Report Completed Date	5 January 2023
Report Reviewed By	Lisa Pienaar

PROPERTY DETAILS
Property Address	22 Delorme St Noosa Heads Qld 4567
RP Description	Lot 136 RP 160425
Land Area	529 m²
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Bushfire Hazard Overlay – Potential Impact Buffer
Assessment Type	Code
PROPOSAL
The application seeks approval to develop a 2 storey dual occupancy on the corner of Delorme Street and Safari Street.  Each dwelling contains 3 bedrooms and a double car garage, with a separate driveway access from each street.
In conjunction with the Development Permit for Material Change of Use, the applicant seeks a Development Permit for Operational Works for landscaping, access, car parking, earthworks and stormwater and Reconfiguring a Lot for a community title subdivision comprising 2 lots and common property.  A Development Permit for Building Works is also sought for demolition of the existing dwelling.
The locality and proposal plans are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plans

Figure 4 – Elevations – Delorme St

Figure 5 – Elevations – Safari St

Figure 6 – Reconfiguring a Lot Plan

site details
Background
Council’s information request raised a number of issues for the applicant’s attention, including the Safari Street elevation and gross floor area non-compliance with the Medium Density Residential Code, stormwater management, and additional details on the access driveways.
The applicant responded to the information request on the 26 October 2022, with a further issues letter issued to the applicant on 31 October 2022 raising similar issues, with access and the Safari Street elevation raised again on 22 November 2022.
Notably to comply with the maximum plot ratio requirements, the applicant has removed the laundry from the garage area and named it ‘ebike storage’ and have not shown any facilities for clothes washing on the plans.
Site Description
The site slopes from Delorme Street to the western side boundary at approximately 2%.  A number of trees exist to the site’s front boundaries.  The applicant proposes to retain 6 trees to the corner of Sarari Street and Delorme Street, including Bloodwoods and Bribie Island Pines as detailed below.

Surrounding Land Uses
The area is mostly developed for dwelling houses, with the site’s zoning changed from Detached Housing under the Noosa Plan 2006 to Medium Density Residential under the Noosa Plan 2020 due to the site’s proximity to Noosa Junction and the need to provide more housing.  Consequently few dual occupancy or multiple dwelling are apparent in the area.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Medium Density Residential Zone Code
Low Density Housing Code
Works Codes
Reconfiguring a Lot Code
Bushfire Hazard Overlay Code
The subject site is located in Noosa Heads and is zoned Medium Density Residential. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The proposed dual occupancy is consistent with the zoning intent to provide for medium density dual occupancy and multiple dwellings in a range of dwelling sizes and styles, to meet the needs of current and future resident populations.  While the site is located within a potential impact buffer area for fire due to its proximity to Pinaroo Park, no bushfire mitigation measures are required as part of this development approval.  In this regard a further assessment will be made at the time of the application for building works by the private building certifier.
The application has been found to generally comply with all applicable statutory instruments, apart from the development’s presentation to Safari Street. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Building height storeys metres	2 storeys max 8 metres	2 storeys 8 metres	
Site cover	40% max	40%	
Plot ratio	04:1 max.	0.4:1	
Boundary setbacks Frontage (Safari St) Frontage (Delorme St) Side (west) Side (north)	6 metres min 6 metres min 1.5 m to 2m min 2 metres min	6 metres 4.5 metres 1.5 to 2 metres 2.5 metres	X
Length of wall	15 metres max	Less than 15 metres	
Landscaped open space Soft landscaping Landscaping Setbacks	40% min 60% of total landscaping 2m to above ground pool or uncovered visitor car park	42.2% 72% 2m	
Private Open Space	25m² min per unit	Greater than 25m² per unit	
Carparking	2 covered and one additional space	4 covered	
Setbacks
The proposed reduced setback to the Delorme Street is to the eave with the building façade setback 5m and has been requested due to the site being a corner site.
PO12
Buildings and structures are designed and sited to:
provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual and acoustic privacy;
not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises;
provide adequate distance from adjoining land uses;
preserve existing vegetation that will help buffer development;
allow for space and landscaping to be provided between buildings including adequate area at ground level for landscaping with trees, shrubs, outdoor living and utilities;
be consistent with the predominant character of the surrounding area; and
protect the natural character and avoid adverse impacts on ecologically important areas such as national parks, waterways and wetlands.
AO12.2
The front 6 metres of the property is landscaped open space, provided that uncovered visitor parking, or swimming
pools protruding no more than 1 metre above the ground level, can be as close as 2 metres from the front boundary.
The proposed reduced setbacks complies with the performance outcome for setbacks as it will not impact the amenity of adjoining residents, cause overlooking and it still preserves sufficient space and landscaping to be provided.  While existing buildings along Delorme Street are predominantly setback 6m from the front boundary, the proposed reduced setback will reasonably fit with the streetscape character and is assisted by the retention of the 6 trees to the corner.
Design
The units have been generally designed to satisfy the scheme’s sustainable design principles, with connections to indoors and outdoor areas, with 600mm eave overhangs to provide some shading of windows and walls, balconies and limited windows provided to the east and west and minimum floor to ceiling heights of 3m provided internally.
However, the development’s presentation to Safari Street (southern elevation) is not consistent with the Medium Density Residential Zone Code. Further articulation and incorporation of individual design elements are needed to add visual interest and ensure it contribute positively to the locality.  This elevation complies with most elements of AO14, however, the elevation presents as a flat plane on the top level, as the wall extents to the top of the roofline.  Discussions with the applicant has concluded they are happy to address this, but due to timeframes have requested council officer condition for amended plans to be provided.  Therefore, it is recommended to request amended plans for the southern elevation to define the roofline which would include barge capping a minimum of 300mm.
Further, the units now no longer have a laundry on the plans, so this will be conditioned to be included on amended plans, provided this does not result in additional gross floor area.
Community Title
The proposed community title subdivision is consistent with the Reconfiguring a Lot Code performance outcome PO29 being located close to services and facilities and located within the medium density residential zone.  The proposed lot shapes are also reflective of the proposed building design and unit areas and are a reasonable shape to accommodate any future changes.
PO29
Community title subdivision for residential purposes only occurs—
where lots are located close to services and facilities;
in the Low density residential zone, Medium density residential zone, High density residential zone, Tourist accommodation zone or Centre zone;
where they are consistent with the character of the locality they are located in;
if appropriate house site areas and car parking needs can be accommodated;
where they are supplied with adequate infrastructure to meet the needs of users;
where they minimise adverse effects on the environment;
if they are of suitable shape and slope to minimise constraints to development; and
if they are sufficient areas to provide reasonable amenity for users.

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Development Engineer
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme, apart from the proposal’s presentation to Safari Street. Amendments are required to the plans to meet the Medium Density streetscape design requirements and ensure the dwellings are capable of being used as a self contained residence, with no facilities for washing clothes shown on the plans.  Conditions for the applicant to provided amended plans are included accordingly.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU22/0116, OPW22/0173, RAL22/0014 for a Material Change of Use – Dual Occupancy, Development Permit for Operational Works for landscaping, access, car parking, earthworks and stormwater, Reconfiguring a Lot for a community title subdivision and Development Permit for Building Works (Demolition).
occupancy situated at 22 Delorme St Noosa Heads and described as Lot 136 RP160425, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0116
Street address:	22 Delorme St Noosa Heads Qld 4567
Real property description:	Lot 136 RP 160425
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dual occupancy
Development Permit for Reconfiguring a Lot – Community Title Subdivision (2 lots)
Development Permit for Operational Works – Access, Civil Works, Landscaping, Stormwater
Development Permit for Building Works - Demolition
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Material Change of Use
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Prior to lodgement of a Building permit (Private Certification) for the proposed development, amended plans must be lodged with Council demonstrating compliance with the:
Medium Density Residential Zone Code AO14.1, AO14.2 and AO14.4 or PO14 by:
Incorporating further articulation and additional design elements in the Safari Street (southern) elevation which will include defining the roofline to include barge capping a minimum of 300mm to the satisfaction of the Planning Manager.
Inclusion on facilities for washing clothes without exceeding the maximum plot ratio of 0.4:1.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
DA1.04	H	Proposed Site Plan	25/11/2022
DA2.01	H	Ground Floor Plan	25/11/2022
DA2.02	H	Level 01 Plan	25/11/2022
DA2.03	H	Roof Plan	25/11/2022
DA3.01	H	North & East Elevation	25/11/2022
DA3.02	H	South & East Elevation	25/11/2022
DA3.03	H	Sections	25/11/2022
Currency Period
This development approval lapses if the use has not happened by 5 January 2029, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 8 metres above the ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Building Works or 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.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like.
Fencing and Walls
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:
not exceed a maximum height of 1.2m
be of open construction.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
the works shown on the Approved Plans
Banksia spinulosa and Callistemon ‘great balls of fire’ within the frontage landscape adjacent Safari Street and Delorme Street to be substituted with Callistemon salignus and Banksia robur, or similar capable of scaling and screening of the built form at maturity. Updated landscape plans must be provided prior to any works commencing on the site.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Retention of Existing Trees
The existing mature native trees located within unit 1 and unit 2 landscaped area identified on the Black Wood Proposed site plan, drawing number DA1.04 Rev H must be retained in accordance with an Arborist Report (or part thereof) prepared by a qualified person* and endorsed through an Operational Works approval.
*(Refer to Advisory Note)
External Works
Safari Street and Delorme Street must be upgraded for the length of its frontage to the subject site.  The works must be undertaken generally in accordance with the conditions of this Decision Notice, RECOR’s Roads & Drainage Layout Plan (20220130-C40) dated 6 December 2022 and must include in particular:
construction of a 1.5 metre wide pedestrian footpath in accordance with the conditions of this Decision Notice; and
removal of the existing property access and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed.
Site Access and Driveways
A sealed access driveway must be provided from Safari Street and Delorme Street to all parking and manoeuvring areas of the development. The works must be undertaken generally in accordance with the conditions of this Decision Notice and RECOR’s Roads & Drainage Layout Plan (20220130-C40) dated 6 December 2022.
Car Parking
The site must be provided with a minimum of 3 car parking. The works must be undertaken in accordance with the conditions of this Decision Notice be generally in accordance with Black Wood Architecture & Design’s Ground Floor Plan (202229 – DA2.01) dated 25 November 2022.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken generally in accordance with the conditions of this Decision Notice and RECOR’s Roads & Drainage Layout Plan (20220130-C40) dated 6 December 2022.
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated batters must be undertaken generally in accordance with the conditions of this Decision Notice, be generally in accordance with RECOR’s Bulk Earthworks Plan (20220130-C30) dated 21 October 2022, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.

Reconfiguring a Lot
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
-	-	Community Title Subdivision drawn by WK	11 July 2022
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.

Currency Period
This development approval lapses if the requirements of the conditions have not been completed and an application for plan seal is not lodged with Council by 5 January 2029, unless an application to extend the currency period is approved by Council.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the dividing wall between the 2 units is located in the common property
all utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement
all retaining walls and structures are fully contained within the lot they retain
any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to each lot in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to each lot.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the subdivision plan to Council for compliance assessment.

Operational Works
APPROVED PLANS
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
20220130 – C30	C	Bulk Earthworks Plan Prepared by RECOR	21 October 2022
20220130 – C30	C	Bulk Earthworks Sections Prepared by RECOR	21 October 2022
20220130 – C40	D	Roads & Drainage Layout Plan Prepared by RECOR	6 December 2022
20220130 – C41	D	Roads & Drainage Details Prepared by RECOR	6 December 2022
20220130 – C42	D	Driveway Longsections Prepared by RECOR	6 December 2022
20220130 – C43	D	Stormwater Catchment Plan Prepared by RECOR	6 December 2022
20220130 – C44	C	Stormwater Drainage Sections Prepared by RECOR	21 October 2022
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 5 January 2025, unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITIONS
Bonds
A compliance bond of $10,000 is to be submitted to Council prior to the pre-start meeting. The pre-start meeting will only be held once Council's Construction Engineering Officer has confirmation that the bond monies have been received by Council.
The bond will be refunded less any costs incurred by Council in ensuring compliance with these conditions or any additional inspections incurred for substandard work or work undertaken not in accordance with this permit.
Bonds must:
meet the requirements of council’s relevant Planning Scheme Policy for performance and uncompleted works.
be calculated using a schedule of works and relevant bond equation
include GST
have approval of the bond calculations and amount from Council prior to lodgement
be lodged with Council and accompanied by the Bond Administration Fee/s.
be requested for release by writing to Council, when relevant approval requirements have been met.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
All necessary approvals from external service providers (e.g. Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
A condition report including photographs of the frontage of the site must be completed and submitted to council prior to the prestart meeting.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Landscape works;
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
Maintenance of safe vehicle and pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Proposed fencing to the site during the construction phase of the development
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
Engineering
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site.
Works within Road Reserve/Reinstatement
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.
All frontage works must match neatly with existing road and verge/footpath features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Electrical conduits or other services proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Pathways
All pathways must be constructed in accordance with the following requirements:
All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065.
Provision must be made for disabled access at all kerb crossings associated with pathways, in accordance with Council's current standards.
All paths must have a slip resistant surface
Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth ride for cyclists
The required work includes any modifications to ensure the footpath finishes flush with all existing service covers and the like, or alternatively these services are raised or altered, so as not to create a pedestrian safety hazard.
Pathways must:
terminate in a manner that ensures smooth transition to existing surfaces for public safety
be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS1428 Design for access and mobility
Site Access and Driveways
Driveway crossovers must be constructed in accordance with council’s Standard Drawings RS-049, RS-050 and any associated addendum.
Any existing unnecessary or redundant property accesses must be removed, and the kerb, footpath and verge area reinstated to match the existing footpath and/or verge treatments. Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed or turf, and must be maintained by the developer until established.
The following must be complied with during the construction of the required crossover/driveway:
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete.
The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties
Where there is an existing pedestrian path, a matching crossfall must be provided for the driveway on the alignment of the path, for the full width of the path
The property access must be located a minimum of 1m clear of existing power poles, streetlights or other signage. The developer is responsible for any necessary relocation of existing services to provide this clearance and must contact the relevant service authorities and comply with their requirements in relation to these works.
Earthworks and Retaining Walls
All earthworks must be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2’ as defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and uniformity of fill must be provided by a RPEQ and submitted to Council prior to Council signing the Plan of Survey.
Fall protection must be provided to retaining walls that are over 1m high.
Slope and batters are a maximum grade of:
1 in 6 where in proximity to waterbodies
1 in 4 for grassed areas.
1 in 3 for planted areas
1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (e.g. by blocking or interfering with natural overland flows).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection Regulation 2019) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Sediment and erosion control measures must be in place prior to works commencing. If such measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such fines can be issued if sediments from the site are found to enter or have the potential to enter Council’s stormwater system, natural waterways, any downstream stormwater filtration system or adversely impacting on other properties.  The sediment and erosion control design and measures have NOT been approved, it is the site's Supervising Engineer who is responsible for ensuring that the sediment and erosion control measures have:
Been duly designed by an RPEQ or CPESC and constructed in accordance with "best practise" methods,
Been revised by an RPEQ or CPESC to address the issues raised by changes in the projected construction schedule and/or methods,
Been revised to address predicted rainfall events, and
Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be found inefficient.
The erosion and sediment control measures must be designed, installed and maintained in accordance with the supervising engineer instructions and the current best practice standards * (Refer to Advisory Note).
The developer must ensure sediment does not leave the site or enter onto adjoining properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or machinery. It is essential to implement appropriate approved erosion and sediment control measures throughout the site during all phases of construction including vehicle shakedown pad/grid (or similar) at the access to the construction site. Where sediments or other contaminants are deposited on a road, they must be removed so as not to enter Council’s drainage system or waterways.
Prior to the completion of the development and commencement of use, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY
Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
As Constructed Plans and ADAC XML Files (Council)
Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory “As-Constructed” records must be submitted to Council. The bundle of “As Constructed” information must include:
As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed) prepared in accordance with industry standards and recorded in “MGA - UTM56 / GDA94” projection.
Please Note: Further information and advice relating to the as-constructed drawing presentation, as-constructed survey capture and associated guidelines for preparation of a compliant ADAC XML digital file are available on the webpage titled “As-Constructed Guidelines” and accessible at the Noosa Council Website: Planning & Development / Development Tools & Guidelines / As-Constructed Guidelines.
The “As-Constructed” drawings will require certification by a:
Qualified experienced Civil Engineer (RPEQ) confirming design intent and conformance with applicable standards and specifications, along with the relevant descriptions of assets, services and structures and;
Licensed Surveyor in regard to the cadastral and locational information, levels and applicable survey datum.
The data must be in accordance with Council’s “Planning Scheme Policy 6 – Engineering Design Standards”, and fully detail the levels for all engineering works including but not limited to the drainage network and structures, finished ground and pavement surface levels.
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
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:
certification that all works have been undertaken and completed in accordance with the requirements of this Permit
as Constructed details in accordance with Council’s Planning Scheme Policy
maintenance and operational manuals for all proprietary or site specific devices
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection.
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
a Council inspection reveals works do not comply with approval requirements
submitted certification falsely states works comply with approval requirements.
A final inspection and approval of the new driveway and completed reinstatement works by Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the inspection.
Landscaping
PRIOR TO COMMENCEMENT OF WORKS
Prior to requesting a prestart meeting:
Receipt of amended plans approval.
Receipt of arborist report
Tree protection fencing must be installed under the supervision of the Project Arborist. (Refer to Retention of Existing Trees Conditions)
A prestart meeting must be organised with Council’s delegate by calling 5329 6500 (giving at least five business days’ notice). The prestart meeting must be attended by the responsible persons for:
Arboreal works.
Fauna management works.
Landscape works.
Other relevant parties.
DURING CONSTRUCTION
All landscape works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents (as detailed in the table below) and conditions detailed in this Decision Notice.
Plan No.	Rev.	Plan/Document Name	Date
DA1.04	H	Proposed Site Plan by Black Wood  Architecture & Design	25/11/2022
ED 22238 OPW - 01	A	Site Layout Plan by Element Design	14/12/2022
ED 22238 OPW - 02	A	Planting Plan by Element Design	14/12/2022
ED 22238 OPW - 03	A	Planting Plan by Element Design	14/12/2022
ED 22238 OPW - 04	A	Details Plan by Element Design	14/12/2022
ED 22238 OPW - 05	A	Plant List & Spec Plan by Element Design	14/12/2022
The relevant conditions of the higher order Material Change of Use approval viz. MCU22/0116 to which this approval relates.
All relevant Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.

VEGETATION PROTECTION
Retention of Existing Trees and Vegetation
A qualified person * must be engaged for the duration of the works to:
Ensure works are carried out in accordance with the approved Arborist Report
Oversee installation of all tree protection fencing prior to commencement of any works onsite (including any clearing).
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.
Oversee approved tree removal in proximity to retained trees.
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
MINOR VEGETATION REMOVAL
A qualified person* must be engaged to manage fauna prior and during clearing to:
Ensure works are carried out in accordance with the Nature Conservation Act 1992.
Undertake pre-clearing inspections including fauna relocation and removal or blocking of all vacant hollows.
Ensure clearing works avoids nesting times of animals and birds.
Co-ordinate staging and sequence of clearing with fauna protection.
Protect and recover fauna during clearing operations (not previously removed).
Manage the translocation of animals and recovery procedures in accordance with relevant legislation.
*(Refer to Advisory Note)
MAJOR VEGETATION REMOVAL
Removal of Existing Trees and Vegetation
MINOR TO MODERATE VEGETATION REMOVAL
Removal of existing trees and vegetation must be undertaken by a qualified person* and must include:
No damage to other vegetation for retention.
Legal disposal of all removed vegetation and debris.
*(Refer to Advisory Note)
MAJOR VEGETATION REMOVAL
Landscaping Works
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)
Where damage occurs to any Council asset as a result of the development works, it must be repaired immediately where it creates a hazard that presents risk to person or property. Other damage must be repaired prior to completion of works.
Street trees must:
Meet AS2303 Tree stock for landscape use.
Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines.
FOLLOWING CONSTRUCTION
Bonds
Bonds must:
Meet the requirements of the relevant Council Planning Scheme Policy for performance and uncompleted works.
Be calculated using a schedule of works and relevant bond equation.
Include GST.
Have approval of the bond calculations and amount from Council, prior to lodgement.
Be lodged with Council and accompanied by the Bond Administration Fee/s.
Be requested for release by writing to Council, when relevant approval requirements have been met.
Performance Bonds must be lodged for:
Streetscape (Street Trees)
On Maintenance
Maintenance periods* must be:
12 months for Streetscape (street trees) Landscape.
*(Refer to Advisory Note)
Prior to requesting an On Maintenance inspection the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification.
Certification all street trees meet AS2303 Tree stock for landscape use.
All required bonds
On Maintenance management includes:
Establishing and maintaining the works in accordance with the intent and requirements of all approvals.
To aesthetically compliment the surrounding local area.
Rectification of works failing ‘on ground’ to a solution that still meets approval intents.
Replacement of dead or poorly performing plants.
Off Maintenance
Prior to requesting an Off Maintenance inspection the following must be provided:
Written request of bond release.
*(Refer to Advisory Note)

Building Works (Demolition)
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council prior to commencing demolition to secure the demolition conditions of this approval. The cash bond or trading bank guarantee will be returned on performance of the demolition conditions of this approval less any costs incurred by Council in respect of enforcing performance of these demolition conditions. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Works
Demolition must be undertaken in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste management
A Waste Management Plan (demolition) must be submitted in accordance with Planning Scheme Policy PSP10 - Waste Management and approved by Council’s Waste Coordinator prior to issue of a development permit for Building Works for demolition, removal or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free.  Higher gate fees are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The areas for the storage and separation of waste shown on a site plan;
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and
Table – Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s and the like. If the site remains vacant for more than 30 days the lot/s must be turfed or landscaped in accordance with Planning Scheme Policy PSP 2 – Landscaping and to the satisfaction of Council so as to not cause nuisance to the surrounding area.
All waste materials must be removed from site.
Litter, erosion and sediment control
Litter, erosion and sediment control measures must be installed and maintained until soils are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage system (e.g. roadside gutter).
Asbestos
Removal of building materials containing asbestos must be undertaken by a licensed asbestos removalist.
Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011 requires a licensed asbestos removalist to give notice to Workplace Health and Safety Queensland (WHSQ) of licensed asbestos removal work at least five days before the work commences. Notification must be made using Form 65: Notification of licensed asbestos removal work, demolition work or emergency demolition.
All building materials containing asbestos products are wrapped and disposed of in accordance with the Public Health Regulation 2006 and the Environmental Protection Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses businesses that transport asbestos waste, and landfills that accept this waste.
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at demolition of a building, the existing sanitary drain upstream from the connection point for a service provider’s sewerage system must be sealed water tight. This work is deemed as notifiable Work and must be carried out by a suitably licenced plumber who must submit an As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building Construction Commission) within 10 days of completing the work.

referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Community Title Scheme - Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority
General Advisory Notes
As this driveway is a private structure, the owner bears full responsibly for the standard of its construction, maintenance and any liabilities associated with its construction. It is recommended that professional advice be sought for the construction of the driveway to ensure that the driveway is constructed in accordance with standard drawings RS-049, RS-050 and any associated addendum.
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Planning Act 2016 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5 business days’ notice of preferred inspection time.
If Council officers are required to undertake additional inspections of the same works, a reinspection fee will be applicable in accordance with Council’s Fees and Charges register applicable at the time.
A minimum maintenance period of 12 months will apply to all municipal works and thereafter until such time as the works are performing in accordance with the approved design unless noted otherwise
Environmental Advisory Notes
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
Accepted best practice standards include International Erosion Control Association Australasia Best Practice Erosion and Sediment Control
Qualified Person, for the purpose of erosion and sediment control is a Certified Professional in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional Engineer of Queensland (RPEQ).
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the plan sealing inspection:
Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual; and
Stormwater runoff from the site is not currently, and is not likely to result in visible evidence of sedimentation or erosion, or lead to water contamination.

property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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