Delegated Assessment Report MCU17/0076

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	MCU17/0076 & OPW17/0224
	
Author:	Wilhelm Koschade
	
Project Director:	Wilhelm koschade
	

SUMMARY:

APPLICATION DETAILS
Applicant:	HK Lee
Proposal:	Development Permit for Material Change of Use of Premises Multiple Housing Type 2 Duplex Development Permit for Operational Work (Earthworks, Landscaping & Stormwater)
Properly Made Date:	30/06/2017
Information Request Date:	11/07/2017
Info Response Received Date:	10/08/2017
Date of Site Visit:	7/07/2017
Decision Due Date:	7/09/2017

PROPERTY DETAILS
Property Address:	25 Edward St NOOSAVILLE  QLD  4566
RP Description:	Lot 6 RP 112875
Land Area:	612 Square Metres
Existing Use of Land:	Detached Dwelling

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (28 October 2016)
Planning Area / Locality:	Noosaville Locality
Planning Precinct / Zone:	Attached Housing Zone
Assessment Type:	Code

PROPOSAL:

The applicant seeks a combined approval for a Material Change of Use and associated Operational Works to establish a 2 x 3 bedroom duplex at 25 Edward Street, Noosaville.

Both dwellings are configured with living areas at ground level and bedrooms on the first floor. A single driveway is proposed to service both dwellings providing access directly to Edward Street. A total of 4 covered spaces are provided on site, with off street parking provided in front of the garages.
A locality and proposal plans are provided below.

Site Description
Site & Locality Description
Road Frontage	The site has a frontage of 20m to Edward Street.
Existing Significant Vegetation	Nil.
Topography:	The site is flat.
Surrounding Land Uses:	The site is adjoining detached houses to the north and south, (Type 4 – Conventional) to the rear and (Type 2 –Duplex) adjacent.

The following planning scheme overlays are applicable to this application:

Natural Hazards Overlay Code (Flood Hazard)

STATUTORY ASSESSMENT:

The application has been assessed against the following statutory instruments, including:

the South East Queensland Regional Plan,
any applicable state planning policies,
the state planning regulatory provisions,
any applicable temporary local planning instrument

The application has also been assessed against the planning scheme, including the following applicable codes:

Noosaville Locality Code;
Residential Uses Code;
Engineering Works Code;
Landscaping Code; and
Natural Hazards Overlay Code.

The application has been found to generally comply with all applicable statutory instruments. Compliance against The Noosa Plan technical parameters are outlined below under Table 1.

Table 1 – Planning Scheme Criteria

Criteria	Planning Scheme	Plan/Document Name	Complies
Population Density	6.6 Persons	6.6 Persons	
Gross Floor Area	275.56m2	261.6m2	
Site Cover	40%	245.1m2 (39.9%)	
Landscaped open space Soft landscaping	264m2 158.4m2	273.9m2 177m2 (65%)	
Building Height Storeys Metres	2 8	2 8	
Boundary setbacks Frontage Side (North) Side (South) Rear	6 metres 1.5/2 metres min 1.5/2 metres min 6 metres	6.6 metres 1.72/2.32metres 2.0/2.2metres 5.5 metres	
Length of wall	15m	12m	
Carparking	3	4	
Roof Form	5 degree pitch min Eaves to 75%	9 and 15 degree pitches Eaves to 100%	
Garage Door Width
Probable Solution S43.2 of the Noosaville Locality code seeks a maximum garage door width of 6.0m or 50% of the site frontage (which ever is the lessor) where facing the street. The code nominates the maximum width to ensure garages are integrated with the built form of the development so as not to dominate the streetscape.

The application seeks approval for two double space garage roller door fronting Edward Street. The proposed garages exceed the maximum width sought under the code. Although exceeding the maximum, the proposed door are in keeping with nearby development and will not present an appearance of excessive bulk to the streetscape. See inserts below.

The front façade of the development incorporates a mix of building materials and provides separation of both doors. The second storey of the development projects further forward to that of the door and therefore reduces any appearance of bulk and dominance to the street. Appropriate eaves also provides depth and break of both rollers doors.

Other Referrals
The application was forwarded to the following internal council specialists:

Development Engineer, Engineering and Environment Assessment Branch

Their assessment forms part of this report.

CONCLUSION:

The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions.  The application is therefore recommended for approval.

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. MCU17/0076 & OPW17/0224 for a Multiple Dwelling Type 2 - Duplex and Operational Works (Landscaping, Carparking, Drainage, Earthworks & Access) situated at 25 Edward St NOOSAVILLE QLD 4566 as identified in the attached details recommended for the Decision Notice.

Development Application Number MCU17/0076 & OPW17/0224

1.	APPLICATION DETAILS

Application No:	MCU17/0076 & OPW17/0224
Street Address:	25 Edward St NOOSAVILLE  QLD  4566
Real Property Description:	Lot 6 RP 112875
Planning Scheme:	The Noosa Plan (28 October 2016)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit for Material Change of Use of Premises Multiple Housing Type 2 Duplex; and
Development Permit for Operational Work (Earthworks, Landscaping, Carparking, Access & Stormwater).

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for the Material Change of Use approval is 4 years starting the day that this development approval takes effect.

The relevant period for the Operational Works approval is 2 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS

Development Permit for 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.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
02	6	Site Plan drawn by Icon Building Design	02/08/2017
03	6	Ground Floor drawn by Icon Building Design	02/08/2017
04	6	First Floor drawn by Icon Building Design	02/08/2017
05	6	Elevations (North & East) drawn by Icon Building Design	02/08/2017
06	6	Elevations (South & West) drawn by Icon Building Design	02/08/2017
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.

Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural 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 $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to pre-start meeting. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to each development site.
Building Appearance
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, where required to satisfy any privacy condition of this Decision Notice.
Fencing and Walls
Fencing on the front boundary must not exceed a maximum height of 1.2m and 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.
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 Building Format Plan (or similar) to Council for compliance assessment.
Landscaping
The development site must be landscaped prior to the commencement of use. The works must be undertaken in accordance with landscape areas shown on the Approved Landscape Plans.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
All landscape works must be established and maintained in accordance with horticultural best practice with construction techniques that allow for healthy, sustained and vigorous plant growth. All plant material must be allowed to grow to full form.
Waste
Where the development involves the removal, relocation or demolition of a building, a Waste Management Plan (construction and demolition) shall be submitted and approved by Council’s Environmental Health Officer prior to issue of a development permit for operational works for demolition, removal or relocation of any building other than a shed.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials.  Segregated wastes attract significantly reduced disposal fees at the landfill with some items free.  Higher gate fees are charged for mixed waste.
Waste Management Plans (construction and demolition) are required to be submitted in accordance with Planning Scheme Policy 11, Waste Management Plans.
Waste storage areas are to provide for adequate separation of all reusable, recyclable and waste materials. These shall be located so that they are convenient and safe to use.
The Plan shall contain the following information:
The site area for the storage and separation of waste is to be shown on the plan drawings accompanying the application.
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed.
Table – Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				

Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.

Waste Storage
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Noise
Written certification is required from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following :
Air-conditioning and Refrigeration
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable =  background + 3dB(A)
Pumps
7am to 7pm: Maximum level allowable = background + 5dB(A)
7pm to 10pm: Maximum level allowable = background + 3dB(A)
10pm to 7am: No audible noise.
Assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building.  All equipment should be operating at the same time to test the overall noise level created, with the measurement location at either the residential boundary or outside the most exposed part of an affected building - whichever is the closest to the plant/equipment.
The certification must be submitted to Council, which certifies that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice.
Advice: It is highly recommended that the person you engage to certify the installation 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.
Noise from residential building works shall comply with the following –
Limited to between 6:30am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions.
Not permitted on Sunday or public holidays.
Measurement of Noise
Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with either: (a) Australian Standard AS1055.1 “Acoustics–Description and measurement of environmental noise – General procedures”, or (b) The relevant “Noise Measurement Manual” as provided by the Department of Environment and Heritage Protection.
A qualified person is considered to be either: (a) a Registered Professional Engineer of Queensland, or (b) an environmental consultant with a minimum of 3 years current experience in the field of acoustics.
Acoustic Advice & Design
It is highly recommended that the developer seek the advice and design input of a qualified acoustic consultant at the plan development stage to ensure the development does not cause a noise nuisance under the Environmental Protection Act 1994.  Attention should be given to the following (but not limited to) :
building design and construction
design, selection and installation of fixed plant and equipment
the location of air conditioning and heating units, refrigeration plant, pumps, mechanical exhausts and plant rooms etc
the use of acoustic enclosures/screens around noisy plant and  equipment
operating times
Environmental Protection
The development should be undertaken in a manner that causes no unlawful environmental nuisance under the Environmental Protection Act 1994 by the creation of excessive noise, lighting, waste, atmospheric pollutants (including dust or odours) or other releases to the environment.
In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint, cement, concrete, builder’s waste or other prescribed contaminants should not to be released to or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.
ENGINEERING
External Works
Street for the length of its frontage to the subject site must be upgraded in accordance with an Operational Works approval and must include in particular:
Providing concrete pathway at minimum width of 1.2m along the frontage of the site and be extended as may be necessary to achieve smooth connection and acceptable transition with the existing pathway.
Removal of the existing redundant property accesses and reinstatement of the kerb & channel and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed.
Replacement of any damaged, irregular or substandard sections of kerb & channel.
Amendment to any linemarking if required.
Site Access and Driveways
A sealed access driveway must be provided generally in accordance with the approved plans and in compliance with the Operational Works conditions of this permit. The works must include in particular crossover in compliance with IPWEA Standard Drawings RS-049 and RS-050.
Car Parking
A minimum of 3 car parking spaces must be provided on the site.  The works must include in particular:
Sufficient turning area within the site to permit a vehicle to reverse from the garaging and exit the site in a forward gear in a total of 2 movements.
Crossfalls, gradients and dimensions in accordance with Australian Standard AS2890:1 Parking Facilities.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must comply with the Operational Works conditions of this permit and include in particular:
Collection and discharge of stormwater to the kerb and channel at the frontage of the site.
The use of gravity stormwater drainage.
Provision of approved kerb adapters for all new outlet points.
Adequate overland flowpath to convey stormwater runoff to ensure no adverse impact on the proposed development or other adjoining site during major storm events (eg up and including 1% AEP rainfall storm event).
Electricity and Telecommunication Services
Reticulated electricity and telecommunication services must be provided to each dwelling in accordance with the applicable standards and the requirements of the relevant service provider and 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.
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.
Earthworks and Retaining Walls
All fill and associated batters/retaining walls 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.
Existing Unitywater Infrastructures
A written approval must be obtained and submitted to Council from the service authority (Unitywater) for the works over and adjacent to the existing sewer main on the property (including the filling and retaining wall over the sewer main).
Easements
Easements must be created over all existing and proposed public infrastructures within the site unless approved otherwise in writing by the respective service authority.
All easements must be designed in accordance with the planning scheme or the requirement of relevant service authority 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 building works and structures must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Development Permit for Operational Works
APPROVED PLANS
Development works 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/Drw No.	Rev.	Plan Title	Date
7508 – C001	02	Title Sheet, Drawing Index & Locality Plan,  prepared by Inertia Engineering (RPEQ No: 9382)	03.08.2017
7508 – C200	02	Bulk Earthworks Layout Plan,  prepared by Inertia Engineering (RPEQ No: 9382)	03.08.2017
7508 – C410	02	Stormwater Drainage Layout Plan,  prepared by Inertia Engineering (RPEQ No: 9382)	03.08.2017
LD1	A	Landscape Plan (Sheet 1/4), prepared by Anembo Consultants	26.06.2017
LD2	A	Landscape Plan (Sheet 2/4), prepared by Anembo Consultants	26.06.2017
LD3	A	Landscape Plan (Sheet 3/4), prepared by Anembo Consultants	26.06.2017
LD4	A	Landscape Plan (Sheet 4/4), prepared by Anembo Consultants	26.06.2017
PLANS REQUIRING AMENDMENTS
The applicant must submit a revised amended plan as outlined in the following table to be approved by Council prior to requesting a prestart meeting and any works commencing on site.
Plan/Drw No.	Rev.	Plan Title	Date
7508 – C300	02	Access & Grading Layout Plan,  prepared by Inertia Engineering (RPEQ No: 9382)	03.08.2017
Amendment Required	Amend driveway cross section (Section A) to provide 1.2m wide pathway at crossfall grade of 2.5% as required by IPWEAQ Standard Drawing SEQ R050. Amend the driveway and slab layout plan with the new revised finished levels.

Prior to Commencement of Works
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to the prestart meeting.
The proposed filling and structural wall over the existing sewer main must comply with Unitywater requirements. A written approval in this regard must be obtained from Unitywater and submitted to Council prior to requesting 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 6291*. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works.
Erosion and sediment control works.
Landscaping works.
* Refer to Advisory Notes of this permit.
At least 5 working days prior to any works commencing, written advice must be provided to Council detailing:
The name, contact details and ACN for the supervising Registered Professional Engineer of Queensland (RPEQ) and Principal Contractor.
Proposed dates for commencement and completion of construction.
The principal contractor must have all the appropriate insurance and public liability documentation to carry out the works. The principal contractor is also responsible to ensure that any subcontractors also have the appropriate insurance and public liability documentation. Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to Council in writing within 5 business days of the change occurring.
Condition report/s including photographs must be completed and submitted to Council prior to the prestart meeting and prior to any works commencing:
The frontage of the site including kerb line.
All fences and retaining walls bordering the site.
Any existing works, buildings and structures on the adjoining properties that could potentially be destabilised or impacted on by the proposed operational works.
A Construction Management Plan must be submitted to Council for approval prior to the prestart 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 commencing.
Details on the location of imported fill sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.
NOTE: any damage to the existing road system as a result of haulage operations must be fully repaired at the applicant’s expense
Maintenance of safe pedestrian and cyclists access across the frontage of the site both during daily construction and after daily construction has ceased for all stages of development.
Fencing to the site during the construction phase of the development.
Providing safe and adequate parking arrangements for all machinery and cars during construction phase without adversely impacting on the traffic flows, traffic safety and the availability of public parking spaces in the local streets.
Effective procedures and measures to minimise adverse environmental impact on other properties and roads users including noise and dust emission.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures (also refer to Erosion & Sediment Control conditions).
Works programme identifying key components of the works and their respective durations.
Establishment of a communication and contact protocol with the neighboring owners, to advise of construction times, impacts on traffic and services and other relevant issues.
During Construction
General
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
All frontage works must match neatly with existing road and verge/footpath features. Where required, additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Any damage caused to existing services and to Council and public 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.
All operational 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 completed engineering works conform to the conditions of this Operational Works permit and the intent of the engineering design. 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.
Provision of the Work Health and Safety Act and such other legislation as is applicable to workplace health and safety.
Pathway and Reinstatement Works within Road Reserve
A 1.2m wide new public pathway shall be provided generally in accordance and must comply with but not limited to following requirements:
Must comply with Standard Drawing SEQ R-065.
Must have cross fall grade of 2.5% for the full width of the pathway.
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.
To include any relocation, modifications or alterations to all existing surfaces, service covers and the like to ensure they finishes flush with the footpath so as not to create changes to grades or a pedestrian trip hazard.
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
A driveway must be provided to the site in accordance with the approved plans and must comply in particular with the following:
Be in accordance with IPWEAQ Standard Drawings SEQ R-049 and SEQ R050
To have a maximum width of 5.5 metre.
To smoothly match the levels and grade (at 2.5%) of the proposed concrete footpath without posing trip hazards.
Have a minimum clearance of 500mm from any Unitywater/Energex/Telstra asset, unless a written approval is obtained from Unitywater/Energex/Telstra and submitted to Council.
Any existing service pits (eg Water Metre, Telstra pit) within the driveway crossover must be relocated or adjusted in accordance with the requirement the relevant service provider.
Any stormwater kerb outlet in close proximity to the edge of the new driveway must be provided with an approved kerb adaptor
The existing redundant property access and the full length of the redundant layback, and the kerb, footpath and verge area must be reinstated to match the existing kerb and verge treatments. The 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.
Any damaged, irregular or substandard sections of kerb & channel must be replaced to the reasonable satisfaction of Council.
Pavement design for privately owned works must be undertaken in accordance with the relevant standards. The structural integrity and the ongoing maintenance of the crossover, driveway and parking areas will remain the responsibility of the property owner.
Earthworks
The earthworks on the development site must be carried out in accordance with the instruction and the recommendations of the certifying RPEQ, the findings Acid Sulfate & Geotechnical Investigation  report prepared by Tectonic Engineers (ref: 17265-001-Rev0 dated 25 August 2017) and must comply with the Queensland Acid Sulfate Soil Management Guideline 2014.
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development. Certification must be provided by an RPEQ and submitted to Council prior to the issue of the Certificate of Classification for the building.
Stormwater Works
Stormwater drainage works must be provided generally in accordance with the approved engineering plans and must comply in particular with following requirements:
The finished surface levels of the site must be graded and shaped to ensure that all surface runoff is collected and directed to the proposed drainage system and the street, drainage system and not directed on to any adjoining property or adversely impacting on the development site.
Free-of-obstruction overland flow paths provided along the northern and southern boundaries of the developed site including any required stormwater structure (eg pipe, box culvert) to allow for stormwater passage during rare big storm events.
Service Conduits under Existing Road
Where applicable, any electrical conduits and other services (including town water connection) proposed to be installed under existing sealed roads, concrete pathways or concrete/sealed driveways must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Erosion and Sediment Control
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Effective erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards and in accordance with the instructions and recommendations of the supervising engineer.
The applicant must ensure non-essential exposure of soil is prevented by restricting the extent of works and minimising the duration of soil exposure to adverse weather conditions. Exposed areas must be effectively stabilised without delay prior to any predicted rainfall occurring and turfed as soon as practicable.
Prior to the issue of the Certificate of Classification, 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.
Supervision/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 and best engineering practices.
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to the commencement of the use. To achieve ‘On Maintenance’, the supervising RPEQ must submit to council:
Certification that all works have been undertaken and completed in accordance with the requirements of this Permit.
As Constructed details in accordance with Council’s Planning Scheme Policy
As Constructed Plans
Prior to acceptance of any civil works to become Council assets “On Maintenance”, the lodgment of a satisfactory “As Constructed” records must be submitted to Council. The “As Constructed” information must generally 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;
Drawings and data certified by a qualified experienced Civil Engineer (RPEQ) for design intent, and certified by a Licensed Surveyor in regard to the cadastre and the location, level and type of all services and structures.
The data must be in accordance with Council’s (Noosa Plan) – Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks, and fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels.
5.	REFERRAL AGENCIES

Not Applicable.

7.	REFERENCED DOCUMENTS

Not Applicable.

8.	ADVISORY NOTES

Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.

Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution”  made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges).
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required by the applicable act/s and regulations. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Private Infrastructure
All private infrastructures for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority.
General Advisory Notes
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the work site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to Change an Existing Approval” under the Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6291 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 have confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
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 (eg public concrete pathway) and thereafter until such time as the works are performing in accordance with the approved design unless notifies otherwise.
General Environmental Advisory Note
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.
9.	PROPERTY NOTES

Not Applicable.

10.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

11.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work (All Building Works)

12.	SELF ASSESSABLE CODES

Not Applicable.

13.	SUBMISSIONS

Not Applicable.

14.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

15.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

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DELEGATED AUTHORITY REPORT

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ROPOSED OVERVIEW PERSPECTIVE