Negotiated Report (Representations made) OPW21 0104

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Development Engineer, Laurie Schreck
Development Assessment

APPLICATION DETAILS
Application No.	OPW21/0104
Development Approval	Development Permit for Operational Work - Road work, Drainage work, Landscaping, Stormwater, Earthworks, Electrical, Access and Vehicle Crossover
Applicant	Javatex P/L
Representations Received On	8 July 2021
Number of Submissions for Original Application	None

PROPERTY DETAILS
Property Address	13 Noosa Dr Noosa Heads Qld 4567
RP Description	Lot 5 RP 91777
Land Area	417.0000 m²
Existing Use of Land	Commercial

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Tourist Accommodation
Overlays	Land Subject to Acid Sulfate Soils – 5m AHD or Below Bushfire Hazard – Potential Impact Buffer Flood Hazard – Flooding and Inundation Extent
Assessment Type	Representations made to original approval

background
A development approval for a Development Permit for Operational Work - Road work, Drainage work, Landscaping, Stormwater, Earthworks, Electrical, Access, and Vehicle Crossover was issued on 24 June 2021.
The applicant suspended the appeal period and made representations on 8 July 2021 to the development approval conditions. The representations are detailed below but primarily relate to the removal for the requirement for Level 1 certification for the earthworks.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 26
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 Section 8 of the Standard, and to a minimum of ‘Level 1’ as defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and uniformity of fill shall be provided by a RPEQ and submitted to Council prior to Council signing the Plan of Survey.
Applicant’s Representation
The proposal includes the redevelopment of the existing shop at 13 Noosa Dr. The OPW approval relates to an MCU approval which includes the construction details of a new shop and residential area.
As the proposed OPW approval is attached to an MCU approval which includes the construction of a new dwelling, there is no need for Level 1 certification of earthworks as the earthworks and the construction of the new building will essentially be completed as a singular project.
As such, it is requested to remove the Level 1 requirement from the earthworks condition of the approval.
Assessment of Representation
The works under the MCU and OPW approvals are being undertaken as a single project and therefore there will be no handover between the parties undertaking the earthworks and the building construction. Level 1 certification is generally required where there will be a handover of the land where the earthworks have taken place (e.g. a subdivision where the land will be sold off after the civil infrastructure is completed). The Level 1 testing and certification is more rigorous so the inheriting party has a record of the earthworks. Given the works will be undertaken essentially as a single project, it is deemed an acceptable request to have the Level 1 certification on the earthworks removed from Condition 26.

conclusion & reasons for decision
The representations requested the removal of Level 1 certification for the earthworks component of the conditions. The Applicant has advised the earthworks and building works will be undertaken as the same project and consequently, there will be no handover of the land to a third party after the civil works are constructed and before the building works commence. It is therefore deemed an acceptable request to remove the requirement for the more rigorous Level 1 certification of the earthworks. The earthworks will still however need to be undertaken in accordance with the relevant Australian Standard.
RECOMMENDATION
With regard to Application No. OPW21/0104, and the representations made, Council on 15 July 2021 decided to:
A.	Agree to amend Condition 26 to read as follows:
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. Test results as required by AS 3798, and a certificate of quality and uniformity of fill shall be provided by a RPEQ and submitted to Council prior to the commencement of use.

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