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SUPERSEDED - Decision Notice MCU22/0082 OPW22/0134 [As Published]

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                                                                             Officer:             Lisa Pienaar
                                                                             Direct Telephone:    07 53296514
                                                                             Our Reference:       MCU22/0082 & OPW22/0134
                                                                             Your Reference:      202148

               14 December 2022


               Taylor Court Development P/L
               C/- Building Suncoast Green
               6 Lorraine Ave
               MARCOOLA QLD 4564
               [email protected]



               Dear Sir/Madam,
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 8 December 2022, Council decided to approve the
               application subject to conditions.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              MCU22/0082 & OPW22/0134

                   Street address:              1 Taylor Ct Cooroy Qld 4563

                   Real property description:   Lot 1 SP 324340

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •     Development Permit for Material Change of Use - Low impact industry
               •     Development Permit for Operational Works for Stormwater, Earthworks, Landscaping,
                     Access & Car parking
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER CONDITIONS

                                         Development Permit for Material Change of Use
               PLANNING
                       When Conditions must be Complied With
               1.      Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
                       the use commencing, and then compliance maintained at all times while the use continues.




                                                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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                      Approved Plans
               2.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are listed in the following table unless
                      otherwise amended by these conditions.

                         Plan No.             Rev.    Plan/Document Name                               Date

                         2021-48 Sheet 01 T           Site Plan drawn by Building Suncoast 25 Oct 2022
                                                      Green

                         2021-48 Sheet 02 T           Site/Roof Plan drawn by Building Suncoast 25 Oct 2022
                                                      Green

                         2021-48 Sheet 03 T           Floor Plans drawn by Building Suncoast 25 Oct 2022
                                                      Green

                         2021-48 Sheet 04 T           Elevations drawn by Building Suncoast 25 Oct 2022
                                                      Green

                         2021-48 Sheet 05 T           Sections drawn by Building Suncoast Green 25 Oct 2022

                         2021-48 Sheet 06 T           3D Views drawn by Building Suncoast 25 Oct 2022
                                                      Green

                         2021-48 Sheet 07 T           3D Views drawn by Building Suncoast 25 Oct 2022
                                                      Green

                      Nature and Extent of Approved Use
               3.     The approved use must not operate outside the hours of 7am to 6pm Monday to Saturday
                      and not at all on Sundays or public holidays. The requirements of this condition must be
                      included in the Community Management Statement for any body corporate for the subject
                      site.
               4.     Any display and retail sale of goods must remain an ancillary component to the approved
                      use, have a direct relationship with the industrial use (i.e. result from the industrial business
                      activity) and must not exceed 30% of the total gross floor area of each tenancy.
               5.     Any food and drink outlet must remain an ancillary component to the approved use, have a
                      direct relationship with the industrial use (i.e. result from the industrial business activity) and
                      must not exceed 30% of the total gross floor area of the tenancy or 60m2 whichever is greater.
                      Building Appearance
               6.     The development must be finished in colours of muted environmental tones, with broad
                      expanses of a single colour avoided and broken up by natural tones or by design elements.
               7.     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.
                      Currency Period
               8.     This development approval lapses if the use has not happened by 8 December 2028, unless
                      an application to extend the currency period is approved by Council.
                      Building Height
               9.     The maximum height of the development must not exceed 8.5 metres above the ground
                      level.




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                      Performance Bond
               10.    Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must
                      be submitted to Council, to secure performance of all conditions of this approval, prior to the
                      issue of a Development Permit for Building Works or prior to pre-start meeting. The cash
                      bond or trading bank guarantee will be returned on performance of the conditions of approval
                      less any costs incurred by Council in respect of enforcing performance of this permit. Council
                      reserves the right to call upon the bond or guaranteed sum to effect compliance with
                      conditions.
                      Street Identification
               11.    The street address of the development must be clearly visible and discernible from the
                      primary frontage of the site by the provision of a street number and, where appropriate, the
                      building name.
                      Landscaping
               12.    The development site must be landscaped. The works must be undertaken in accordance
                      with an Operational Works approval and the Noosa Plan for that specific area and must
                      include in particular:
                      a.      the works shown on the approved Site Plan (Drawing Number 2021-48 Sheet 01 drawn
                              by Building Suncoast Green and dated 25 October 2022.
               the full frontage of the site facing Holts Road must be planted with a landscape buffer with a
               minimum width of 10 metres, particularly understorey planting to provide visual screening of the
               development from the Bruce Highway and Holts Road.
               13.    All landscape works must be established and maintained in accordance with the approved
                      design for the life of the development, and in a manner that ensures healthy, sustained and
                      vigorous plant growth. All plant material must be allowed to grow to full form and be
                      refurbished when its life expectancy is reached.
               14.    Existing trees on the site within the 10m landscaped setback to Holts Road must be retained.
               15.    Trees to be retained must be protected from clearing or construction activities by:
                      a.      clearly marking vegetation to be retained with flagging tape
               installing protective fencing around the drip line of the vegetation
               restricting stockpiling, storage and vehicle parking to those areas which are already cleared
               using low impact construction techniques around vegetation.
                      Site Access and Driveways
               16.    A sealed access driveway must be provided from the existing access handle from Taylor
                      Court to all parking and manoeuvring areas of the development. The works must be
                      undertaken generally in accordance with Noosa Council’s standard drawing RS-051 and
                      BAX Engineering’s Site Layout Plan (228-001-100 Revision C) dated 12 July 2022.
                      Car Parking
               17.    A minimum of 21 car parking spaces must be provided and marked on the site and made
                      available and accessible at all times while the use is open for business. The works must be
                      undertaken in accordance with an Operational Works approval and must include in particular:
                      a.      9 staff parking spaces within the total, which are clearly marked for that purpose;
               provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian
               Standard AS1158: Public Lighting Code;
                      b.      at least 1 disabled parking space/s within the total;
               dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking
               Facilities.



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               18.    Directional signage must be provided to direct visitors and customers to the car parking
                      spaces provided on site.
               19.    All car parking areas and access driveways must be maintained exclusively for vehicle
                      parking and manoeuvring and kept in a tidy and safe condition at all times.
                      Bicycle and End of Trip Facilities
               20.    Pedestrian and bicycle facilities must be provided for the development. The works must
                      include in particular:
                      a.      a total of 7 bicycle parking spaces
               end of trip facilities involving 4 lockers, 1 shower cubicle and change room.
                      Service Vehicles
               21.    Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
                      The works must be undertaken in accordance with an Operational Works approval and must
                      include in particular:
                      a.      A single AV Tractor Trailer loading and unloading zone that is located adjacent to staff
                              parking as to not limit the functionality of the carpark
                      Stormwater Drainage
               22.    The site must be provided with a stormwater drainage system connecting to a lawful point of
                      discharge. The works must be undertaken in accordance with the conditions of this Decision
                      Notice and QUDM, and must be generally in accordance with BAX Engineering’s Grading &
                      Drainage Layout Plan (228-001-300 Revision C) dated 12 July 2022.
               23.    The development must be provided with approved Permanent signage to educate the public
                      on the function of the bioretention basin. The wording for the signage for each bioretention
                      basin is to include: “BIORETENTION BASIN - This bioretention basin reduces the pollution
                      of our waterways by reducing the amount of heavy metals, litter, suspended solids, and
                      nutrients discharged to our waterways”.
                      Services
               24.    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.
               25.    Certification must be submitted to Council from all relevant service providers (Energex, NBN
                      and Unitywater) which certifies that the development has met the requirements of this
                      Decision Notice and all applicable legislation at the time of construction.
                      Easements
               26.    Unless otherwise agreed in writing by the relevant service provider, any public or third party
                      infrastructure located on the subject site must be placed within an easement registered
                      against the title of the property.
               27.    All easements must be designed in accordance with the planning scheme and granted at no
                      cost to the Grantee. Where the Grantee is Council or a service authority, the easement
                      documentation must be in accordance with the Grantee’s standard easement terms. Draft
                      easement documentation must be submitted to Council for endorsement.
               28.    All works must be kept clear of any existing or proposed easements on the subject land,
                      unless agreed otherwise in writing by the Grantee.
                      Earthworks and Retaining Walls
               29.    All fill and associated batters must be undertaken in accordance with the conditions of this
                      Decision Notice, and contained entirely within the subject site unless written permission from
                      the respective landowner(s) is provided to Council.




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               30.    All retaining walls must be designed and constructed in accordance with the planning scheme
                      and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
                      are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
                      safety fence.
                      Community Management Statement
               31.    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.
               32.    All clauses and by-laws of the proposed Community Management Statement must accord
                      with the requirements of this Decision Notice.
                                         Development Permit for Operational Works
                      APPROVED PLANS
               33.    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

                         228-001-100        C      Site Layout Plan                             12 July 2022
                                                   Prepared by BAX Engineering

                         228-001-200        C      Earthworks Layout Plan                       12 July 2022
                                                   Prepared by BAX Engineering

                         228-001-201        C      Earthworks Sections                          12 July 2022
                                                   Prepared by BAX Engineering

                         228-001-202        C      Retaining Wall Detail                        12 July 2022
                                                   Prepared by BAX Engineering

                         228-001-300        C      Grading & Drainage Layout Plan               12 July 2022
                                                   Prepared by BAX Engineering

                         228-001-301        C      Pavement Layout Plan                         12 July 2022
                                                   Prepared by BAX Engineering

                         228-001-302        C      Signage & Linemarking Layout Plan            12 July 2022
                                                   Prepared by BAX Engineering

                         228-001-400        C      Drainage Catchment Layout Plan               12 July 2022
                                                   Prepared by BAX Engineering

                         228-001-401        C      Drainage Longitudinal Section                12 July 2022
                                                   Prepared by BAX Engineering

               CURRENCY PERIOD
               34.    The Currency Period for this development approval lapses if the development has not
                      substantially started by 8 December 2024, unless an application to extend the currency
                      period is approved by Council.


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               SITE SPECIFIC CONDITIONS
               35.    A loading and unloading zone suitable for a single AV Tractor Trailer must be line-marked in
                      accordance with relevant Australian standards. The loading and unloading zone must be
                      located opposite the proposed staff carparks as to not limit the functionality of the carpark.
               PRIOR TO COMMENCEMENT OF WORKS
                      Engineering
               36.    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.
               37.    A condition report including photographs of the frontage of the site must be completed and
                      submitted to council at the prestart meeting / prior to any works commencing.
               38.    Certificates demonstrating currency of public liability insurance and works insurance covering
                      the works must be submitted to Council prior to the prestart meeting.
               39.    Council must be contacted at least 5 working days prior to any works commencing to
                      organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The
                      pre-start meeting must include the relevant parties for the following aspects of the works:
                      a.      Civil engineering works;
               Erosion and sediment control works;
                      b.      Other relevant parties
               40.    A Construction Management Plan must be submitted to Council prior to the pre-start meeting
                      and must specifically address the following:
                      a.      Traffic Management during all aspects of the construct phase including:
                               i.      A Traffic Management Control Plan in accordance with Manual of Uniform Traffic
                                       Control Devices (MUTCD) detailing all temporary signage and traffic control
                                       measures prior to construction
                              ii.      Maintenance of safe vehicle and pedestrian access across the frontage of the
                                       site both during daily construction and after daily construction has ceased
                             iii.      Proposed fencing to the site during the construction phase of the development
                      b.      Maintenance and protection of water quality and existing drainage lines through the
                              construction site through the implementation of appropriate erosion and sediment
                              control measures
               41.    Any changes to the details associated with the supervising RPEQ or Principal Contractor
                      during construction, must be notified to council in writing within five business days of the
                      change occurring.
               42.    Any conflict between the development and an existing or proposed service must be referred
                      to the relevant service authority for determination prior to commencement of works.
               DURING CONSTRUCTION
                      Engineering
               43.    The developer must meet any costs to repair damage to any Council asset during
                      construction, where damage is a result of the development works. Damage to assets must
                      be repaired immediately where it creates a hazard to the community. In circumstances where
                      the damage does not create a hazard to the community, it must be repaired immediately on
                      completion of the works associated with the development.




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               44.    All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ)
                      who is independent of the Developer and Principal Contractor, and they must certify that all
                      works conform to the Operational Works permit. Where municipal works are involved, such
                      confirmation must be submitted for the respective hold points prior to any site inspection by
                      Council Officers.
               45.    All works must be constructed and work procedure undertaken in accordance with:
                      a.      The approved plans/documents and conditions detailed in this Decision Notice;
               The relevant conditions of the higher order Material Change of Use approval MCU22/0082 to which
               this approval relates;
               All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications
               and guidelines;
               The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical
               Design Guidelines for South East Queensland” for all water quality devices to be constructed on
               site.
                      Pavement Design and Construction
               46.    Pavement design for privately owned works must be undertaken in accordance with the
                      relevant standards. Structural integrity of the driveway and car park areas will remain the
                      responsibility of the property owner/developer and must be certified by an RPEQ.
                      Works within Road Reserve/Reinstatement
               47.    Safe vehicle and pedestrian access on all streets in the vicinity of the development must be
                      maintained at all times. Should footpath/road closures be necessary to carry out construction
                      works, Council’s Engineering Officer must be notified prior to the proposed closure and all
                      requirements complied with.
               48.    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.
               49.    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.
                      Site Access and Driveways
               50.    Driveway crossovers must be constructed in accordance with council’s Standard Drawings
                      RS-051 and any associated addendum.
               51.    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.
               52.    The following must be complied with during the construction of the required
                      crossover/driveway:
                      a.      The driveway surfacing must consist of either an approved hot mixed asphaltic
                              concrete or patterned/plain concrete.
               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 pedestrian path, a matching crossfall must be provided for the driveway
               on the alignment of the path, for the full width of the path




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               The property access must be located a minimum of 1m clear of existing power poles, streetlights
               or other signage. The developer is responsible for any necessary relocation of existing services to
               provide this clearance and must contact the relevant service authorities and comply with their
               requirements in relation to these works.
                      Earthworks and Retaining Walls
               53.    All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
                      on Earthworks for Commercial and Residential Development and be generally in accordance
                      with BAX Engineering’s Earthworks Layout Plan (228-001-200 Revision C) dated 12 July
                      2022.
               54.    Fall protection must be provided to retaining walls that are over 1m high.
               55.    Slope and batters are a maximum grade of:
                      a.      1 in 6 where in proximity to waterbodies
               1 in 4 for grassed areas.
               1 in 3 for planted areas
               1 in 2 for combined structural engineering and planting solutions.
                      Stormwater Drainage
               56.    Appropriate scour protection must be provided at the outlet of all stormwater pipes including
                      temporary outlets.
               57.    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).
               58.    Construction of all internal stormwater drainage works must comply with the relevant
                      section/s of Australian Standard AS/NZS 3500.3.
                      Erosion and Sediment Control
               59.    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.
               60.    Sediment and erosion control measures must be in place prior to works commencing. If such
                      measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
                      fines can be issued if sediments from the site are found to enter or have the potential to enter
                      Council’s stormwater system, natural waterways, any downstream stormwater filtration
                      system or adversely impacting on other properties. The sediment and erosion control design
                      and measures have NOT been approved, it is the site's Supervising Engineer who is
                      responsible for ensuring that the sediment and erosion control measures have:
                      a.      Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
                              practise" methods,
               Been revised by an RPEQ or CPESC to address the issues raised by changes in the projected
               construction schedule and/or methods,
                      b.      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.
               61.    The erosion and sediment control measures must be designed, installed and maintained in
                      accordance with the supervising engineer instructions and the current best practice
                      standards * (Refer to Advisory Note).




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               62.    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.
               63.    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.
               Damage to Services and Assets
               64.    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:
                      a.      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
               65.    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.
               66.    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.
               67.    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

                           LA-SF-2204-01-     D      Landscape Cover Page                          27 Oct 2022
                           001

                           LA-SF-2204-01-     D      Landscape Surface Finishes Plan               27 Oct 2022
                           101

                           LA-PP-2204-01-     D      Landscape Planting Plan                       27 Oct 2022
                           201

                           LA-DT-2204-01-     D      Landscape Details                             27 Oct 2022
                           300

                           LA-DT-2204-01-     D      Landscape Details                             27 Oct 2022
                           301

                           LA-DT-2204—01- D          Landscape Elevation                           27 Oct 2022
                           400




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               68.    Prior to requesting a prestart meeting the following must be submitted to Council or
                      undertaken:
                      a.      Amended landscape plans.
               Tree protection fencing must be installed under the supervision of the Project Arborist. (Refer to
               Retention of Existing Trees Conditions)
                      VEGETATION PROTECTION
                      Retention of Existing Trees and Vegetation
               69.    All trees and vegetation within the 10m wide landscape buffer to Holts Road must be
                      protected in accordance with AS 4970, Protection of trees on development sites.
                      Landscaping Works
               70.    Landscape works must be supervised, undertaken and certified by qualified persons. All
                      works must be completed in accordance with this Decision Notice.
               71.    Landscape works must:
                      a.      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.
               72.    The landscape plan must be amended to the reasonable satisfaction of the Manager
                      Development Assessment to comply with the Noosa Plan for that specific area and submitted
                      to Council prior a request for a prestart meeting. The amended landscape plan must be
                      amended to include the following at a minimum:
                      a.      Additional planting within the 10m wide landscape setback to Holts Road to visually
                              screen the development to this road including:
                              i.        A minimum of 5 x 25L Corymbia maculate, 15 x 140mm Acacia leiocalyx, 5 x 25L
                                        Tristaniopsis laurina and 5 x 25L Waterhousia floribunda or other suitable
                                        approved tree species.
               The existing grass cover is to be removed within the 10m wide landscape setback to Holts Road
               and the area mulched, free of foreign matter to a minimum 100mm depth once settled to suppress
               weeds
                                   i.    Additional planting along the site’s north western boundary including 2 x 45L
                                         additional Tristaniopsis laurina and 6 x 300mm Grevillea Coconut Ice and/or
                                         Grevillea Ivory Whip.
               Increased pot size of all Tristaniopsis laurina and Waterhousia floribunda from 25L to 45L.
                      FOLLOWING CONSTRUCTION
                      Supervision/Certification
               73.    Prior to commencement of use the following (prepared by respective qualified persons* and
                      certifying compliance with approvals) must be submitted to Council:
                      a.      Landscaping certification confirming all works have been constructed in accordance
                              with conditions of approval.
               NATSPEC certification (Specifying Trees: a guide to assessment of tree quality addressing each
               specimen).
                      (* Refer to Advisory Note)
               5.     REFERRAL AGENCIES

               Not applicable.




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               6.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
               Advertising Devices
               1.     All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
                      (Administration) 2015 including both temporary and permanent signage. All freestanding,
                      pylon or pole signs or signage that is illuminated requires approval from Council prior to being
                      installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
                      prohibited from being erected in the Shire.
               Infrastructure Charges
               2.     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
               3.     Qualified Person, for the purpose of:
                      a.      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.
               Undertaking rehabilitation construction and establishment works is considered to be a person with
               five years current experience in revegetation and regeneration.
               Undertaking, supervising tree works and preparing arboriculture certification, is considered to be a
               person with a minimum three years current experience in tree protection, hazard
               identification/mitigation and Specifying Trees – a guide to assessment of tree quality (NATSPEC)
               assessment and either:
                              i.       International Society of Arboriculture (ISA) certification; or
                              ii.      A Diploma of Arboriculture.
               4.     A re-inspection fee in accordance with Councils Fees and Charge Register will be charged
                      where:
                      a.      A Council inspection reveals works do not comply with approval requirements.
               Submitted certification falsely states works comply with approval requirements.
                      General Advisory Notes
               5.     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 drawing RS-051.
               6.     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.
               7.     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.




                                                                                                        Page 11 of 14
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Page 12

               8.     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
               9.     Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
                      business days’ notice of preferred inspection time.
               10.    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.
               11.    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
               12.    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
               13.    Accepted best practice standards include International Erosion Control Association
                      Australasia Best Practice Erosion and Sediment Control
               14.    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).
               15.    As a general rule, a site is determined to have achieved effective short-term stabilisation if
                      at the time of the plan sealing inspection:
                      a.      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.
                      Building and Construction Industry (Portable Long Service Leave) Levy
               16.    The QLeave levy must be paid prior to the issue of a development permit where it is required.
                      Council will not be able to issue a Decision Notice without receipt of details that the Levy has
                      been paid.
                      Qualified Person
               17.    For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability
                      for the development, a qualified person is considered to be a person who:
                      a.      is a Registered Professional Engineer of Queensland (RPEQ); and
               has a degree in civil engineering or engineering geology; and
                      b.      has a minimum of 5 years experience in the field of geotechnical engineering or
                              engineering geology.




                                                                                                      Page 12 of 14
Document Set ID: 22208842
Version: 4, Version Date: 14/12/2022

Page 13

               7.     PROPERTY NOTES

               Not applicable.
               8.     VARIATION APPROVAL DETAILS

               Not applicable.
               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required             Subject of the required Development Permit

                Development Permit for Building Works           All building work.

               10.    SUBMISSIONS

               Not applicable.
               11.    RIGHTS OF APPEAL

               You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
               Planning Act 2016 is attached.
               During the appeal period, you as the applicant may suspend your appeal period and make written
               representations to Council about the conditions contained within the development approval. If
               Council agrees or agrees in part with the representations, a negotiated decision notice will be
               issued. Only one negotiated decision notice may be given.
               12.    OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available on line at
               www.noosa.qld.gov.au or at Council Offices.

               Yours faithfully,




               Lisa Pienaar
               Development Planner
               Enc:   Appeal Rights
                      Infrastructure Charge Notice
                      Approved Plans/Documents
               cc.    Unitywater




                                                                                                     Page 13 of 14
Document Set ID: 22208842
Version: 4, Version Date: 14/12/2022

Page 14

                                                                              Appeal Rights
                                                                              PLANNING ACT 2016 & PLANNING REGULATION 2017




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




                                                                                                                                                 Page 14 of 14
Document Set ID: 22208842
Version: 4, Version Date: 14/12/2022

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