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Delegated Report - Code - Planning OPW25 0059 (As Published) · OPW25/0059

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               DEVELOPMENT ASSESSMENT DELEGATED REPORT

               Author                  Coordinator Engineering, Mark Lewis
                                       Development Assessment



                    APPLICATION DETAILS

                    Application No.                 OPW25/0059

                    Applicant                       Kerry Martin Bone

                    Proposal                        Operational Works - Vehicle Crossover

                    Properly Made Date              7 April 2025

                    Information Request Date        Not Applicable

                    Information Response Date       Not Applicable

                    Decision Due Date               13 June 2025

                    Report Reviewed &               Felix Gough – 30 May 2025
                    Finalised By


                    PROPERTY DETAILS

                    Property Address                5 Park Cres Sunshine Beach Qld 4567

                    RP Description                  Lot 452 RP 48112

                    Land Area                       531.0000 m²

                    Existing Use of Land            Vacant


                    STATUTORY DETAILS

                    SEQRP Designation               Urban Footprint

                    Zone                            High Density Residential

                    Precinct                        Not applicable

                    Local Plan Area                 Coastal Communities

                    Overlays                        Landslide

                    Assessment Type                 Code

               1.      PROPOSAL
               The application seeks approval for Operational Works - Vehicle Crossover.
               The locality and proposal plan are included below.




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Figure 1 — Locality

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                                         Figure 2 – Site Plan




                                       Figure 3 – Jointing Plan

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               2.     APPLICATION BACKGROUND
               The works are required to address conditions of MCU25/0021 which was decided on 16 May 2025.
               3.     SITE DETAILS
               3.1. Site Description
               The subject site has remained vacant for approximately 15 years.
               3.2. Surrounding Land Uses
               The adjoining properties are:
               No 3 – duplex development
               No 7 – recently constructed single dwelling
               4.     ASSESSMENT
               4.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
               •    State Planning Policy;
               •    South East Queensland Regional Plan;
               •    Planning Regulation 2017; and
               •    Noosa Plan 2020 (25 September 2020).
               4.2. Noosa Plan 2020
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •      Low Density Housing Code;
               The application has been found to generally comply with all applicable statutory instruments.
               The pertinent issues arising out of the assessment are discussed below:
               Driveway Grades and Dimensions
               The grades and dimensions are generally in accordance with the standard drawings but are
               modified to suit the site location.
               Footpath
               The submitted plans indicate a footpath across the frontage of the site. The footpath is not required
               by conditions of MCU25/0021 but the alignment and path width match the existing path to the
               north-west and are considered reasonable. It is recommended that conditions be included to
               address the construction of the footpath.
               5.     CONSULTATION
               5.1. Referral Agencies
               Not Applicable
               5.2. Internal Council Referrals
               Not applicable
               6.     CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme and
               does not raise any significant issues that cannot be addressed by reasonable and relevant
               conditions. The application is therefore recommended for approval.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.
               RECOMMENDATION

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               With regard to Application No OPW25/0059 for Operational Works - Vehicle Crossover situated at
               5 Park Cres Sunshine Beach Qld 4567 and described as Lot 452 RP 48112, it is recommended
               the application be approved in accordance with the following details for the Decision Notice:
               1.      APPLICATION DETAILS

                   Application No:               OPW25/0059

                   Street address:               5 Park Cres Sunshine Beach Qld 4567

                   Real property description:       Lot 452 RP 48112

                   Planning Scheme:              Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •     Development Permit for Operational Works - Vehicle Crossover
               3.      CURRENCY PERIOD OF APPROVAL

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

               APPROVED PLANS
               1.      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

                          OPW-C-00210           A       Earthworks Site Sections prepared by 25 March 2025
                                                        Infinity Consulting Engineers
                                                        As Annotated by Council

                          OPW-C-00300           A       Development Site Plan prepared by 25 March 2025
                                                        Infinity Consulting Engineers
                                                        As Annotated by Council

                          OPW-C-00370           A       Concrete Jointing Plan      & Details 25 March 2025
                                                        prepared  by     Infinity   Consulting
                                                        Engineers


               CURRENCY PERIOD
               2.      The Currency Period for this development approval lapses if the development has not
                       substantially started by 3 June 2027, unless an application to extend the currency period is
                       approved by Council.
               SITE SPECIFIC CONDITIONS
                       Bonds
               3.      A site control and/or compliance bond of $2000 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.

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               4.     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.
               5.     The final alignment of the footpath will be determined with Council’s delegate at the pre-start
                      meeting.
               GENERAL CONDITIONS
                      Engineering
               6.     A condition report including photographs of the frontage of the site must be completed and
                      submitted to Council at the prestart meeting.
               7.     The principal contractor must have all the appropriate insurance and public liability
                      documentation to carry out the works. The principal contractor is also responsible to ensure
                      that any subcontractors also have the appropriate insurance and public liability
                      documentation. Certificates demonstrating currency of public liability insurance and works
                      insurance covering the works must be submitted to Council prior to the prestart meeting.
               8.     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;
               9.     A Construction Management Plan must be submitted to Council prior to the pre-start meeting
                      and must specifically address the following:
                      b.      Traffic management during the construction phase.
                      c.      appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
                              Devices (MUTCD)
                      d.      provision for safe pedestrian and vehicle access across the frontage of the site both
                              during works and after hours.
               10.    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.
               11.    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
               12.    The integrity and condition of any existing public or Council infrastructure and services
                      (above ground and/or underground) must not be adversely affected by the proposed works
               13.    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.
               14.    All works must be constructed and work procedure undertaken in accordance with:
                      a.      the approved plans/documents and conditions detailed in this Decision Notice
                      b.      all relevant Noosa Council Planning Scheme Policies, standard drawings, standard
                              specifications and guidelines
                      c.      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.


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                      Works within Road Reserves
               15.    No removal of street trees is permitted without Council’s prior written approval.
               16.    Safe pedestrian and vehicle 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.
               17.    All 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.
                      Driveways
               18.    Driveway crossovers must be constructed generally in accordance Council’s Standard
                      Drawings RS-049 and RS-050
               19.    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.
               20.    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.
                      b.      the driveway must be in accordance with the requirements of AS2890.1 Off-Street Car
                              Parking for longitudinal and crossfall gradients.
                      c.      the driveway must be constructed so as to not concentrate or direct stormwater runoff
                              onto neighbouring properties
                      d.      underground service conduits for water supply, electricity and any other services must
                              be provided as part of the access driveway
                      e.      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
                      f.      have a minimum clearance of 500mm from any Unitywater/Energex/Telstra asset,
                              unless a written approval is obtained from Unitywater/Energex/Telstra and submitted
                              to Council.
                      g.      any stormwater kerb outlet in close proximity to the edge of the new driveway must be
                              provided with an approved kerb adaptor
                      h.      any existing kerb sections requiring removal due to the works must be saw-cut and
                              removed to allow for a smooth and neat finish with the new driveway
               21.    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.
                      Stormwater Drainage
               22.    The constructed driveway must not cause additional ponding on the road formation or the
                      road reserve.
                      Pathways
               23.    All pathways must be constructed in accordance with the following requirements:
                      a.      All footpaths must comply with Council’s Standard Drawing SEQ R-065.
                      b.      All paths must have a slip resistant surface.


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                      c.      Expansion and contraction joints must provide a flush finish. Installation of joints by
                              saw cutting is preferred to ensure a smooth ride for cyclists.
                      d.      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.
               24.    Pathways must:
                      a.      terminate in a manner that ensures smooth transition to existing surfaces for public
                              safety.
                      b.      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.
                      Environment (Erosion and Sediment Control)
               25.    Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must
                      not be released from the site or to waters within the site, or be likely to be released should
                      rainfall occur, unless all reasonable and practicable measures are taken to prevent or
                      minimise the release and concentration of contamination.
               26.    The contractor must ensure non-essential exposure of soil is prevented by restricting the
                      extent of works and minimising the duration of soil exposure to adverse weather conditions.
                      Exposed areas must be suitably covered/stabilised/reinstated as soon as practicable and
                      prior to any predicted rainfall occurring.
               27.    Erosion and sediment control measures must be installed and maintained to minimise
                      erosion on the site and to minimise the export of sediment and associated pollutants from
                      the site. The erosion and sediment control measures must be designed, installed and
                      maintained in accordance with current best practice standards (refer to advisory notes).
               FOLLOWING CONSTRUCTION
               28.    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.
               29.    Upon completion of the work a certificate must be issued by an RPEQ certifying that the
                      works have been constructed in accordance with the requirements of this Operational Works
                      permit.
                      Bonds
               30.    Bonds must:
                      a.      meet the requirements of council’s relevant Planning Scheme Policy for performance
                              and uncompleted works.
                      b.      be lodged with Council and accompanied by the Bond Administration Fee/s (where
                              applicable).
                      c.      be requested for release by writing to Council, when relevant approval requirements
                              have been met.
               5.     REFERENCE DOCUMENTS

               Not applicable.
               6.     REFERRAL AGENCIES

               Not applicable.




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               7.     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
               1.     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-049 and
                      RS-050.
               2.     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.
               3.     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.
               4.     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 Inspections Request
               5.     Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
                      business days notice of preferred inspection time.
                      It should be noted prior to arranging a pre-start meeting the Appeal Period of 20 business
                      days must have passed or the applicant must have provided Council with written confirmation
                      that the applicant has accepted the conditions of Decision Notice and waived their appeal
                      rights.
               6.     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.
                      Environmental Advisory Notes
               7.     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
               8.     Accepted best practice standards include International Erosion Control Association
                      Australasia Best Practice Erosion and Sediment Control
                      Performance Bond Agreement
               9.     An applicant for a development application may make an agreement with an assessment
                      manager, referral agency or other person to establish the responsibilities, or secure the
                      performance, of a party to the agreement about a development condition.
               8.     PROPERTY NOTES

               Not applicable.

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               9.     VARIATION APPROVAL DETAILS

               Not applicable.
               10.    FURTHER DEVELOPMENT PERMITS REQUIRED

               Not applicable.
               11.    SUBMISSIONS

               Not applicable.
               12.    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.
               13.    OTHER DETAILS

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




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Document Set ID: 23747280
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