Decision Notice - Approved by Delegation of Authority OPW20 0196

Officer: 	Laurie Schreck
Direct Telephone: 	07 53296290
Our Reference:	OPW20/0196
Your Reference:	19-159
19 October 2021
MCDR Guerreiro & JEG Guerreiro
C/- Plan A Town Planning Pty Ltd
PO Box 1661
MILTON  QLD  4064
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 19 October 2021, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW20/0196
Street address:	16 Grant St Noosa Heads Qld 4567
Real property description:	Lot 87 RP 92518
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Earthworks, Landscaping and Stormwater
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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
20-0869-F1 01	A	Frontage Plan as prepared by Lindsay Consulting as annotated by Council	18 October 2021
20-0869-F2 02	A	Site Plan as prepared by Lindsay Consulting	18 October 2021
20-0869-F3 03	A	Site Plan as prepared by Lindsay Consulting	18 October 2021
21065-H-01	B	Hydraulic Services – Notes, Legend, Abbreviations, Locality Plan, Site Plan and Detail as prepared by Plumbing Design and Drafting	11 October 2021
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 19 October 2023, unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITIONS
Prior to the prestart meeting and prior to any of the works under this approval commencing, the following must be submitted to and accepted by Council:
An amended Landscaping plan that addresses the conflict between the submitted Landscaping plans and the higher order (MCU17/0559) approved plans. The submitted landscaping plan conflicts with Condition 5 of MCU17/0599 which requires backfill to be provided to the area adjacent to the rumpus room and bedroom 2 of both dwelling units (northern and southern elevations) so that the ceiling height projects no more than one metre above both the finished ground and natural level to ensure the basement meets the definition of a basement within The Noosa Plan.
The three Telstra pits that conflict with the alignment of the proposed footpath must be raised or lowered if required in order to sit flush with the finished levels of the proposed footpath and eliminate any trip hazards.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
Submit amended plans to Council as described in the site specific conditions requiring amendments. Plans must be submitted and approved prior to the pre-start meeting.
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 of the drainage system must be completed and submitted to Council prior to the prestart meeting. The condition report is to include a CCTV inspection of the existing stormwater pit (for connection from the proposed internal SW system) and the existing pipe and must include at least 10m downstream to the junction manhole.
A condition report including photographs of the frontage of the site must be completed and submitted to Council prior to the prestart meeting / prior to any works commencing.
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, or their proxy, for the following aspects of the works:
Civil engineering works;
Landscape works;
Erosion and sediment control works; and
Other relevant parties.
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 pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased; and
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.
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details.
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details.
Any changes to the details associated with the 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.
Bonds
A site control and/or compliance bond of $5000 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;
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; and
Be requested for release by writing to Council, when relevant approval requirements have been met.
DURING CONSTRUCTION
Engineering
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice;
The relevant conditions of the higher order Material Change of Use approval viz. MCU17/0559 to which this approval relates;
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines; and
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 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; and
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 and RS-050.
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;
Underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway;
Where there is an existing or proposed pedestrian path, a matching crossfall must be provided for the driveway on the alignment of the path, for the full width of the path; and
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.
The fill batters on either side of the crossover must not exceed a maximum batter slope of 1:4 and must be stabilised with turf.
Earthworks and Retaining Walls
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with the standard.
Fall protection must be provided to retaining walls that are over 1m high.
Slope and batters are a maximum grade of:
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.
Prior to the completion of the development, 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 (refer to E&SC Advisory Notes). 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.
Any damage caused to the existing stormwater pit during the connection works must be repaired by the developer to Councils standards at no cost to Council.
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 non-essential exposure of soil is prevented by restricting the extent of disturbance and minimising the duration of soil exposure to adverse weather conditions and effectively turf, cover or stabilise any disturbed area without delay and prior to rainfall occurring.
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.
Landscape
Landscape works must:
Ensure amenity or sales signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled.
Turfed areas must be must be free of pest, diseases and weeds and level with adjoining surfaces.
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.
FOLLOWING CONSTRUCTION
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.
Prior to commencement of use the following, prepared by respective qualified persons* and certifying compliance with approvals, must be submitted to Council:
Landscaping certification confirming all works have been constructed in accordance with conditions of approval.
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 shall 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.
On Maintenance
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to commencement of use. To achieve ‘On Maintenance’, the Certifying RPEQ must submit to Council:
Certification that all works have been undertaken and completed in accordance with the requirements of this Permit; and
As Constructed details in accordance with Council’s Planning Scheme Policy.
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; or
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.
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:
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 and RS-050.
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 commencement of use or final 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.
If at the time of the commencement of use, the method of short-term stabilisation has not achieved a level of stability that Council's Officers believe will have a high probability of achieving long term stability (i.e. until house construction has occurred on all lots), Council Officers may take the following matters into consideration in determining whether the site is capable of achieving medium to long-term stability:
evidence that the site has been effectively stabilised in the short term;
evidence that soil has been adequately ameliorated;
evidence that seed of annual and perennial grass species has been applied at an adequate rate; and
that grass seed has germinated at a density that is likely to achieve an effective grass cover.
Landscaping
Qualified Person, for the purpose of:
Supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three years current experience in the field of landscape design.
Undertaking landscape construction and establishment works is considered to be a person with five years current experience in commercial landscape construction projects.
Public amenity trees are defined as any tree located within public streets, parks or areas that will become publically owned as a result of this development.

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
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
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.

Yours faithfully,

Laurie Schreck
Development Engineer

Enc:	Appeal Rights
Approved Plans/Documents

cc.	Unitywater

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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