Changed Approval 132003.221152.5

Officer:	Glen Conforti
Direct Telephone:	07 53296241
Our Reference:	132003.221152.5
Your Reference:	N/A
16 September 2016

Mr GJ Woolley
C/- Suncoast Building Approvals
PO Box1054
MAROOCHYDORE  QLD  4558

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval.  On 15 September 2016, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	132003.221152.5
Street Address:	12 Park Road, Noosa Heads
Real Property Description:	Lot 54 RP 52918
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
Council on 12 August 2004 decided to issue the following type of approval:
Development Permit for a Material Change of Use – Dwelling House.
In relation to representations, Council on 29 October 2004 resolved to:
A.	Delete Condition 42;
B.	Include one advisory note.
In relation to a request to change a Condition of the approval, Council on 9 February 2006 decided to:
A.	Approve a change to Condition 8;
B.	Issue a Compiled Decision Notice.
In relation to a request to change Conditions of the approval, Council on 17 August 2006 decided to:-
A.	Approve the change with amendment to Conditions 18 and 20.
B.	Include an additional condition.

In relation to the request to make a change to the existing approval, Council on 27 September 2007 decided to:
A.	Approve the change with amendments to Conditions 1, 5 and 22.
B.	Include additional conditions 45 & 46 and additional Advisory notes 2, 3 and 4
In relation to the request to make a change to the existing approval, Council on 15 September 2016 decided to:
A.	Approve the change with additional Conditions 47, 48, 49, 50, 51 and 52 being included.
B.	Advise the applicant to cease pruning the trees in the road reserve in front of the subject site.
relevant period of approval
The relevant period for this development approval is in accordance with that stated in the Negotiated Decision dated 29 October 2004, unless an application to extend the period is approved by Council under s 383 of the Sustainable Planning Act 2009.
CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered WD 04.01, WD 04.02, WD 04.03, WD 02.02, and WD 02.01 prepared by DesignInc Brisbane and dated 02/05/07 showing Job No. 81205.B07 and as may be amended by these conditions.
The use and all activity on the site, including construction and excavation, is to be carefully controlled and interference with vegetation kept to an absolute minimum to ensure that the proposed use does not undermine or compromise the Noosa Hill Development Control Plan and the Strategic Plan objective of preserving the natural character and appearance of Noosa Hill.  The approval is to be implemented with this objective as the overriding factor.
All roofing of the structures on site are to be of a non-reflective nature and coloured with muted earth tones.  All structures are to use colours that integrate with the natural environment and be of muted earth tones of browns, greens, ochres, greys etc generally in accordance with Drawing No. DD04.01_2 B, DD04.03_2 B, DD04.04_2 B, DD04.02_2 B dated 2 April 2004.
The glass provided along the western elevation of the dwelling house is to be angled downwards towards the slope of the site so as not to be reflective.  Non reflective glass shall also be utilised for the development.
The maximum site cover for all buildings and structures on the subject site is to be 150m2.
The proposed pool is not approved under this application.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan is to be prepared and submitted for approval.  The landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.  The landscape plan is to clearly indicate:-
the retention of vegetation in accordance with Drawing No. DD02.02 B, apart from tree 21, and dated 30 March 2004 and reinforcement planting of endemic species on the site.  Tree 21 may be removed where the stump is retained, and a native 100-litre replacement tree is planted within close proximity.
the retention of all existing vegetation on the site outside of the approved building footprint; and
the proposed means of protecting trees to be retained, particularly during the construction process.
No fencing is permitted to be erected across the Park Road frontage of the site.
No pathway/accessway is permitted through the site to Park Road.
All external lighting is to be hooded and angled away from neighbouring properties.
Security in the form of a cash bond or trading bank guarantee to the sum of $100,000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for operational works. 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.
The requirements of this development approval are to be satisfied, prior to the commencement of the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to obtaining a Development Permit for building works.
This Development Permit for a material change of use of premises lapses if:-
the use or erection of a building or other structure associated with the use, has not been commenced by 12 August 2008, unless application is made and approved by Council for an extension; or
the use of any premises pursuant to the Development Permit ceases.
Land Development
Vehicle Access
A vehicular access driveway to serve the site shall be constructed from Allambi Rise into the existing 4.0 metres wide easement (referred to as Easement A on RP 177551).
The driveway shall be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming.  Should any driveways be constructed to grades that do not comply with AS2890.1-1993, Council will require that the driveway be removed and reconstructed to levels that do comply.
Carparking
A minimum of 2 covered carpark spaces shall be provided in tandem arrangement within the 4.0 metres wide easement (Easement A on RP 177551).  No vehicular or boat parking shall be allowed within the 6 metres setback.
Stormwater Drainage
The stormwater drainage disposal via a fusion welded polyethylene pipe shall be discharged into the existing kerb line in Park Road generally in accordance with Drawing no S-OW.02 Issue C dated October 2004 by Whaley Consulting Group.  Detailed engineering plans with supporting calculation prepared by a Registered Professional Engineer shall be submitted to Council for approval prior to obtaining a Development Permit for Operational Works.  The depth of the excavation for trench shall not exceed 500mm, with a maximum width of 300mm and be on an alignment that ensures the damage to the existing vegetation and its root systems is kept to the absolute minimum.  The excavated trench for the pipeline shall be backfilled and stabilised immediately by the excavated materials from the site.  All excavation and backfilling works shall be carried out by hand and be supervised and certified by a geotechnical engineer.
Encroachment over a Private Easement
The applicant shall provide a legal document to allow the eave encroachment of the proposed house over easement B on RP 177551. Alternatively this encroachment shall be removed.
Sewer Mains
The site shall be connected to Council’s existing sewerage reticulation systems over Lot 64 RP 52918 (No9 Allambi Rise) and be constructed in accordance with Council’s standards and requirements at no cost to Council.  Design plans showing the detail of the pumping system and any civil works and/or excavation work associated with it shall be submitted for Council approval and an Operational Works Permit shall be obtained for the proposed sewerage works.
Alternatively the site may be connected to the existing sewer main in Park Road generally in accordance with Drawing no S-OW.02 Issue C dated October 2004 by Whaley Consulting Group subject to the following requirements.:
20.1	A new sewer main shall be constructed along the western boundary lines of Nos 10 and 12 Park Road (Lots 54 and 55 RP 52918) and connected to the existing sewer manhole (NH01/02/13) in Park Road at no cost to Council and to specifications and an alignment approved by Council’s Water Sewerage Capitol Works Manager,
20.2	The new sewer main shall be provided with connections to future dwelling on the adjoining properties at 10 and 14 Park Road and written permission shall be obtained from the owners of these properties if the new sewer main or any proposed sewer works are to be located within these properties.
20.3	The sewer connection between the dwelling on this property (No 12 Park Road) and the new sewer main shall be constructed of fusion welded polyethylene pipe with the excavated trench for the pipeline being backfilled and stabilised immediately by the excavated materials from the site. The depth of the excavation shall not exceed 500mm, with a maximum width of 300mm and be on an alignment that ensures the damage to the existing vegetation and its root systems is kept to the absolute minimum.  All excavation and backfilling works shall be carried out by hand and be supervised and certified by a geotechnical engineer.
20.3	The sewer connection and stormwater disposal shall be accommodated in a single trench to minimise disturbance on the site.
20.4	A Development Permit for Operational Works shall be required and all submitted plans shall be prepared by a Registered Professional Engineer Queensland and certified by a Geotechnical Engineer in relation to the impact of the works on the stability of the sand dune slope.
Town Water Supply
The site shall be connected to Council’s existing town water supply in Allambi Rise and be constructed in accordance with Council’s standards and requirements at no cost to Council. The new connection to the water reticulation system shall extend within the easement to the property boundary line of 9 Allambi Rise and be metered.
Geotechnical Issues/Construction
All construction works related to the proposed extension shall take into consideration the recommendations and findings of earlier geotechnical reports by Morrison Geotechnic regarding this site.
A registered consulting geotechnical engineer shall supervise the excavation and the foundation works of the proposed extension works and certifies the stability of the structure and the existing dwelling upon the completion of the extension works.  The excavation works shall only be carried out during dry weather conditions and if there is a risk of sand movement occurring, all work shall be suspended until such steps approved by the applicant’s Geotechnical engineer been taken to ensure that no further slippage will result. The certification of the completed works by the geotechnical engineer shall be submitted to Council to be placed on Council’s records.
The disposal of sand, soil or any materials created by the construction of the dwellings shall be removed in accordance with the approved Construction Management Plan.  Details of the method of this disposal of materials are to be submitted to Council at the Building Application stage.  Not more than one vehicle at a particular time will be parked in Park Road and/or Hasting Street for the removal of, or the delivery of, materials associated with the site and no such vehicle shall remain overnight.  No materials are permitted to be stored within the road reserve.
A Construction Management Plan detailing the method and process of construction shall be prepared by the builder in consultation with the applicant’s consulting engineer (Whaley Consulting Engineers) and presented to Council for approval prior to issuing Operational Works Permit.
A programme of works is to be submitted with any application for any Development Permit for Operational Works detailing the construction schedule and proposed environmental protection measures, which addresses stabilisation of disturbed areas and identifies any affected vegetation.
Where the program is changed for any reason whatsoever, a copy of the revised program shall be submitted to Council’s Works Inspector within seven (7) days.
A Traffic Management Plan for the Construction of the Dwelling addressing access to the site, the locating of equipment, carparking arrangements for workers on the site and any potential conflicts with local traffic shall be submitted and approved by Council prior to Development Permit for Operational Works. This report is to also address peak holiday periods with delivery of materials.
Prior to obtaining a Building Permit the builder shall submit written acknowledgment that building works shall proceed in accordance with the 9 tonne load limit applicable to Park Road, unless varied by Council and that all works will be carried out in accordance with the approved Construction Management Plan.
At the completion of construction the consulting geotechnical engineer will certify that all works were carried out in accordance with their recommendations and that all structures and the site are stable.  A copy of this certification shall be submitted to Council to be placed on Council records.
Existing Conditions Survey is to be carried out on adjoining buildings, structures and services prior to any construction works taking place on site. If distress already exists, a photographic survey shall be undertaken, the distress measured and a plan to monitor changes to distress shall be implemented. A copy of this report is to be submitted to Council within 5 business days of survey and prior to construction work proceeding.
The use of vibratory equipment of any kind is not permitted to be used, including vibrating rollers, the use of vibrating installation techniques for sheet piling and other construction vibrations caused by excavating, earthmoving or demolition machinery or other similar construction techniques.
Environment Management Plan
An Environment Management Plan shall be prepared by the applicant’s consulting engineers (Whaley Consulting Engineers) in consultation with the builder and be made available for approval by Council prior to obtaining Operational Works Permit.  The purpose of the plan is to safeguard the environmental integrity particularly the sand dune surface and the tree canopy.  The plan shall also specify approximate time frame for completion of the construction works particularly in relation to length of time the tower crane will remain installed on site in this visually prominent location.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site.  Site control measures such as silt fencing, straw bales, controlled gravel access to the site and controlled disposal of waste, as deemed necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
Contributions
Coastal Major Road Network Contributions of an amount of $2,442 in accordance with Planning Schedule Policy PSP42 shall be payed by the applicant prior to issuing a Development Permit for Operational Works.
Coastal Major Pathway Contributions of an amount of $238 in accordance with Planning Schedule Policy PSP41 shall be payed by the applicant prior to issuing a Development Permit for Operational Works.
General
Any damage caused to any public utility or roads caused by the construction of this development shall be repaired to Council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
Building
A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion of the work confirming compliance with the maximum building height above natural surface, required by the provisions of the Planning Scheme.
The Geotechnical report submitted as part of your application has been appraised and approved subject to the following conditions:-
There is to be no uncontrolled discharge of water onto the slope;
Stripping of vegetation for construction purposes should be minimised.  If vegetation is destroyed it should be reinstated immediately after construction is completed;
Additional load due to fill, construction equipment or stockpiled materials should not be located on the dune slope;
The use of vibratory equipment of any kind is not permitted to be used, including vibrating rollers, the use of vibrating installation techniques for sheet piling and other construction vibrations caused by excavating, earthmoving or demolition machinery or other similar construction techniques;
All construction works on site shall generally accord with the Building Construction Reports prepared by Whaley Consulting Group dated December 2002 subject to amendments required by condition 22, and 12 March 2004, together with the Morrison Geotechnic reports dated 1/9/00, 25/5/01 and 24/3/04, with further details of the proposed crane construction method submitted for approval with the application for Operational Works.  Particular attention shall be paid to the advice contained in Section 6 of the Morrison Geotechnic report of 24/3/04 in the event of changed site or construction conditions.
A condition survey is to be carried out of adjoining buildings, structures and services prior to any demolition works or construction works taking place on site.  If distress already exists, a photographic survey shall be undertaken, the distress measured and a plan to monitor changes to distress shall be implemented.  A copy of this report is to be submitted to Council within 5 business days of survey and prior to construction work proceeding;
Copies of all inspection reports by engineers are to be submitted to Council within 5 business days of the inspection taking place;
A RPEQ is to be engaged by the client to oversee the piling works and copies of all inspection reports are to be submitted to Council within 5 business days of the inspection taking place;
The applicant’s Geotechnical engineer will be required to be on site for the whole of the time during any excavation.  The construction of the whole of the foundations is to be supervised and directed on site by a consulting Geotechnical engineer.  No work of any such kind relating to the foundations shall be carried out if he is not on the site and supervising and directing this work.  Such works shall only be carried out during dry weather conditions and if there is a risk of sand movement occurring, all work shall be suspended until such steps, approved by the applicant’s Geotechnical engineer and the Council’s Building Surveyor, have been taken to ensure that no further slippage will result.
The builder, landscaper and all workers associated with construction of the works shall, at all times, comply with the directions of the consulting geotechnical engineer.
There shall be no direct access from the dwelling to the pool.  The pool shall be enclosed by an isolation fence complying with Section 12U of the Building Act.
The proposed tandem carport is not to discharge water onto any adjoining property.  All roof water is to be piped to the stormwater discharge system for the dwelling.
Deleted.
Prior to a Development Permit for Building Work being granted for the construction of the dwelling, the applicant shall provide Council with written indemnification against any future claims from the applicant/owner of Lot 54, his successors or assigns resulting from any future damage to the dwelling or other structures arising from their proximity to the trees that are required to be retained on the property as a condition of granting the MCU for this development.
Additional Condition (17/08/2006)
The stormwater disposal and sewer connection shall be undertaken in accordance with the Arborist’s Advice Report prepared by John Mullholland & Associates and dated March 2006 and the following requirements:
The route for the service trench shall be a minimum of 1.5 metres clear of all trees and shrubs, unless otherwise agreed to by the Manager, Land Use.
An arborist shall be on site all times supervising the works being undertaken.
Prior to commencing any works, the route for the service trench shall be pegged and inspected by Council.
Prior to excavation existing mulch/leaf cover material over proposed trench shall be raked back and stockpiled for covering of trench area after completion.
Works shall be undertaken in a progressive manner and route reinstated as works progress.
Uphill anchor roots of trees shall not be disturbed.
All works shall be carried out by hand excavation other then the sewer trench under existing road pavement.
All excavated material shall be placed on a ‘tarpaulin’ or the like laid immediately adjacent to the proposed trench.
Excavated material shall be used as bedding and backfilling of trench.
Where works disturb the understorey vegetation, rehabilitation works shall be undertaken to the reasonable satisfaction of Manager, Land Use.
Additional Land Development Conditions (27/09/07)
45.	“Prior to the commencement of the proposed building extensions, a registered geotechnical engineer shall certify the design and the construction methods of the foundations taking into consideration the depth and the details of the foundations of the existing house and identifying any necessary measures required to protect the stability of the house and the sand dune during the construction phase.”
46.	“The proposed extension works shall be carried out in a manner that does not impact on the existing trees and the vegetation cover.”

Additional Conditions (15/09/16)
47.	Development undertaken in accordance with this approval must 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
MB_12PR_01	F	Cover Sheet, prepared by Myles Baldwin Design	08.07.16
MB_12PR_02	F	Landscape Plan, prepared by Myles Baldwin Design	08.07.16
MB_12PR_03	D	Elevation / Section, prepared by Myles Baldwin Design	08.07.16
MB_12PR_08	B	Sewer Setback Detail, prepared by Myles Baldwin Design	08.07.16
MB_12PR_09	B	Existing Plants, prepared by Myles Baldwin Design	08.07.16
48.	The Approved Plans must be amended to incorporate a minimum 2 metre setback for all structures to the Park Road boundary. The amended plans must be submitted to Council prior to the issue of any Development Permit for Operational Works*. *(Refer to Advisory Note)
49.	The 2 metre setback must be densely landscaped in accordance with Planning Scheme Policy PSP3 Landscaping Plants and Guidelines and an Operational Works Approval and must in particular include:
a.	existing native trees including but not limited to trees 61, 62, 181, 171 and 175 retained in accordance with an Arborist Report prepared by a suitably qualified person.
b.	under storey plants that grow to a minimum height of 4m
c.	four (4) 100lt endemic native trees planted at equal spacing along the length of the structure.
50.	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 the issue of a Development Permit for Operational Works. 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.
51.	The works must comply with the terms of Easement B on RP 177551.
52.	The works must be carried out generally in accordance with the Construction Management Plan, prepared by TOD Engineers and Project Managers, dated July 2016 and the Slope Stability Assessment – Proposed Deck, Project No. 16072-001-Rev0, prepared by Tectonic Geotechnical & Environmental Engineers, dated 14 April 2016.
referral agency conditions
Not Applicable.
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
Advisory Note included (29/10/04)
It is recommended that a duly signed agreement between the owners of Lots 54 and 65, be registered with the Department of Natural Resources as an addendum to the easement document, binding the owner of Lot 64, his successors or assigns, to allowing construction and retention of the proposed carport within the easement over Lot 64. Note that without a registered addendum to the easement document there is potential for a problem with the existing easement document that must be considered by the owners.
Additional Advisory Notes (27/09/07)
The property is indicated as being in a landslide hazard area, as per The Noosa Plan.
If any of the following listed items below are relevant to the proposed building works then a site specific geotechnical report will be required:-
involves the removal of vegetation other than grass from use areas; or
involves excavating or filling of more than 50m3 of material (other than placement of top soil not exceeding 100mm in depth); or
involves cut or fill with a vertical depth of more than 1.5 metres relative  to ground level; or
redirects or impedes water flows in an existing watercourse or stormwater drain.
The site specific geotechnical report is to be prepared by a registered professional engineer and must either certify that the site is not at risk from landslip emanating from the site or from other land, or identifies methods of stabilising all buildings, access ways and use areas.
3.	A site specific geotechnical report will be required, prior to the Private Certifier being able to issue a Development Permit for building works
4.	The site has been identified as being in a “Designated Bushfire Prone Area”, accordingly the BCA provisions for bushfire construction may apply.
property notes

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
further development permits required
Type of Development Permit required	Subject of the required Development Permit
Building Works	Dwelling House
Operational Works	Site Civil Works, Erosion Control, Stormwater Drainage, Sewer Reticulation, Landscaping
self assessable codes
Not Applicable
submissions
Four properly made submissions were received.
reasons / grounds for appoval
Not Applicable
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.
other details
If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY Original Decision Notice 12 August 2004 Negotiated Decision Notice 29 October 2004 with the deletion of Condition 42 & inclusion of an Advisory Note. Changes to an Existing Approval 9 February 2006, with an amendment to condition 8. Changes to an Existing Approval 17 August 2006, with an amendment to conditions 18 & 20 and the inclusion of an Advisory Note. Changes to an Existing Approval 27 September 2007, with an amendment to conditions 1, 5 & 22 and additional conditions 45 & 45 and additional Advisory Notes 2, 3 & 4. Changes to an Existing Approval 15 September 2016, with additional conditions 47, 48, 49, 50, 51 & 52

Yours faithfully

Kerri Coyle
Manager Planning & Environment

Encl. 	Approved Plans/Documents
Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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