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Decision Notice OPW14-0121 388 David Low Way Peregian Beach · OPW14/0121
Officer: Monkeith Kadhum
Direct Telephone: 07 5329 6293
Fax: 07 5329 6501
Our Reference: MKADHUM: OPW14/0121
Your Reference: n/a
11 April 2014
W Sweet
9 Onkara St
BUDERIM QLD 4556
Dear Sir/Madam
Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 10 April 2014, Council decided to approve
the application in full subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: OPW14/0121
Street Address: Glen Eden 388 David Low Way PEREGIAN BEACH
QLD 4573
Real Property Description: GTP 593
Planning Scheme: The Noosa Plan (16 September 2013)
2. DECISION DETAILS
The following type of approval has been issued:
Development Permit Approval for Operational Works - (Driveway - Pavers)
3. RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is 2 years starting the day that this
development approval takes effect.
4. ASSESSMENT MANAGER CONDITIONS
ENGINEERING
Prior to Construction Commencing
1. Prior to any works commencing, a joint prestart meeting must be organised with
Council’s delegate by contacting Council on 5329 6547 or 0410512537 (giving at
least 5 business days’ notice). The prestart meeting must be attended by the:
(a) Principal Contractor,
(b) The Certifying Engineer,
(c) And other relevant parties (eg a management representative).
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OPW14/0121
2. Prior to arranging a prestart meeting and the commencement of the construction of
the proposed driveway and associated works, a Construction Management Plan
must be submitted and approved by Council, the plan must address in particular:
(a) Traffic Management during all aspects of the construction phase including:
(i) Temporary signage and traffic control measures in accordance with
Manual of Uniform Traffic Control Devices (MUTCD) to provide warning
to drivers and road users of any safety hazard or changes to traffic
conditions due to the proposed works.
(ii) Fencing to the work site during the construction phase as may be
necessary to ensure the safety of the public and the road users.
(iii) Maintenance of safe pedestrian and cyclists access across the
frontages of the site at all times both during daily construction and after
daily construction has ceased.
(iv) Providing parking arrangements within the site for the workers and any
machinery. The parking arrangements must not adversely impact on
the traffic flows and/or traffic safety in David Low Way.
(v) Maintaining vehicular access to the site at all times or providing an
agreed alternative arrangement for the users of the site during the
construction stage.
(b) Effective procedures and measures to minimise adverse environmental
impact on other properties and roads users including noise and dust
emission.
(c) Establishment of a communication protocol with all user of the site and any
other affected parties to advise of construction times, impacts on traffic,
access to the site and any other relevant issues.
3. At least 5 working days prior to any works commencing, written advice must be
provided to Council detailing:
(a) The name, contact details and CAN/ABN for the Principal Contractor and
supervising registered engineer (RPEQ).
(b) Proposed dates for commencement and completion of construction.
(c) Certificates demonstrating currency of public liability insurance and works
insurance covering the works in line with the planning scheme and any
applicable government legislations.
Any changes to the details associated with the supervising RPEQ or Principal
Contractor during construction, must be notified to Council in writing within 5
business days of the change occurring.
4. 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.
General
5. 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. A condition report including photographs of the frontage of the site
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OPW14/0121
and the existing footpath, kerb line and line markings should be completed and
submitted to Council prior to any works commencing.
6. All works must be constructed and work procedure undertaken in accordance with:
(a) The approved plans and conditions detailed in this Decision Notice.
(b) All relevant Noosa Council Planning Scheme Policies, particularly PSP 5 –
Engineering Design Standards – Roads, Drainage and Earthworks.
(c) Provision of the Work Health and Safety Act and such other legislation as is
applicable to workplace health and safety.
Driveway Design and Construction
7. The driveway crossover must be in compliance with the approved drawings as
listed in the Approved Plans list of this permit.
8. The access crossing and driveway shall be designed and constructed to ensure
pedestrian safety using non-slip materials, to produce an evenly graded surface
finish, and to be in accordance with the current Australian Standard 1428.1 Design
for Access & Mobility.
9. Pavement design for proposed driveway must be undertaken in accordance with
the relevant standards and be approved and certified by an RPEQ. The ongoing
maintenance, the structural integrity of, and any public liability associated with the
driveway and the crossover will remain the responsibility of the property owner.
10. Any upgrade of the existing kerbs within the road reserve must also include
upgrading of the existing two pram ramps to be in compliance with the current
relevant standard drawings.
11. Upon completion of the works a certificate must be issued by a RPEQ certifying
that the works have been constructed in accordance with best engineering
practice, the relevant standards, the approved plans and the conditions of this
permit.
Erosion and Sediment Control
12. Suitable sediment and erosion control measures must be in place prior to works
commencing.
13. The applicant must ensure non essential exposure of soil is prevented by
restricting the extent of clearing and minimising the duration of soil exposure to
adverse weather conditions and effectively turf or stabilise any cleared area
without delay and prior to rainfall occurring.
14. The applicant must ensure sediment does not leave the site or ends into the street
channel and Council’s drainage system due to surface runoff or on tyres of
vehicles.
15. 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. 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.
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OPW14/0121
5. REFERRAL AGENCIES
Not Applicable.
6. APPROVED PLANS
The following plans are Approved Plans for the development:
Approved Plans
Plan No. Rev. Plan Name Date
SD02 (Project 375) - Entry Plan, prepared by WD Architects 20.12.2012
As annotated by Council in red
7. REFERENCED DOCUMENTS
Not Applicable.
8. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not
form part of the assessment manager conditions: annotated
Future Upgrade of Footpath Network
1. It must be noted that if Council in the future upgrades the existing footpath network
in this area and along this section of David Low Way, the new access crossing
within the road reserve may be removed and upgraded to have a surface finish
consistent with Council standard and/or other footpaths.
Aboriginal Cultural Heritage Act 2003
2. There may be a requirement to establish a Cultural Heritage Management Plan
and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A
person who carries out an activity must take all reasonable and practicable
measures to ensure the activity does not harm Aboriginal cultural heritage.” It is
an offence to fail to comply with the duty of care. Substantial monetary penalties
may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister
administering the Act can also issue stop orders for an activity that is harming or is
likely to harm Aboriginal cultural heritage or the cultural heritage value of
Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to
discuss any obligations under the ACH Act.
9. PROPERTY NOTES
Not Applicable.
10. PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable.
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OPW14/0121
11. FURTHER DEVELOPMENT PERMITS REQUIRED
Not Applicable
12. SELF ASSESSABLE CODES
Not Applicable.
13. SUBMISSIONS
Not Applicable.
14. REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not Applicable.
15. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions
from the Sustainable Planning Act 2009 is attached.
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. Taking this step will defer your appeal period, which will commence again
from the start the day after you receive a “negotiated decision notice”.
16. OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are
available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully
MARK LEWIS
SENIOR ENGINEERING OFFICER
Enc: Approved Plans/Documents
Appeal Rights
cc Unitywater
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OPW14/0121
Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable Planning 463 Additional and extended appeal rights for
Act 2009 (Chapter 7). submitters for particular development
applications
MATERIAL CHANGE OF USE, RECONFIGURING A (1) This section applies to a development application to
LOT & OPERATIONAL WORKS which chapter 9, part 7 applies.
(2) A submitter of a properly made submission for the
Division 8 Appeals to court relating to application may appeal to the court about a referral
development applications and agency’s response made by a prescribed
approvals concurrence agency for the application.
(3) However, the submitter may only appeal against a
461 Appeals by applicants referral agency’s response to the extent it relates
(1) An applicant for a development application may to—
appeal to the court against any of the following— (a) if the prescribed concurrence agency is the
(a) the refusal, or the refusal in part, of the chief executive (environment)—development for
development application; an aquacultural ERA; or
(b) any condition of a development approval, (b) if the prescribed concurrence agency is the
another matter stated in a development chief executive (fisheries)—development that
approval and the identification or inclusion of is—
a code under section 242; (i) a material change of use of premises for
(c) the decision to give a preliminary approval aquaculture; or
when a development permit was applied for; (ii) operational work that is the removal,
(d) the length of a period mentioned in section damage or destruction of a marine plant.
341; (4) Despite section 462(1), the submitter may appeal
(e) a deemed refusal of the development against the following matters for the application even
application. if the matters relate to code assessment—
(2) An appeal under subsection (1)(a), (b), (c) or (d) (a) a decision about a matter mentioned in section
must be started within 20 business days (the 462(2) if it is a decision of the chief executive
applicant’s appeal period) after— (fisheries);
(a) if a decision notice or negotiated decision (b) a referral agency’s response mentioned in
notice is given—the day the decision notice subsection (2).
or negotiated decision notice is given to the
applicant; or 464 Appeals by advice agency submitters
(b) otherwise—the day a decision notice was (1) Subsection (2) applies if an advice agency, in its
required to be given to the applicant. response for an application, told the assessment
(3) An appeal under subsection (1)(e) may be started manager to treat the response as a properly made
at any time after the last day a decision on the submission.
matter should have been made. (2) The advice agency may, within the limits of its
jurisdiction, appeal to the court about—
462 Appeals by submitters—general (a) any part of the approval relating to the
(1) A submitter for a development application may assessment manager’s decision about any part
appeal to the court only against— of the application requiring impact assessment
(a) the part of the approval relating to the under section 314; or
assessment manager’s decision about any (b) any part of the approval relating to the
part of the application requiring impact assessment manager’s decision under section
assessment under section 314; or 327.
(b) the part of the approval relating to the (3) The appeal must be started within 20 business days
assessment manager’s decision under after the day the decision notice or negotiated
section 327. decision notice is given to the advice agency as a
(2) To the extent an appeal may be made under submitter.
subsection (1), the appeal may be against 1 or (4) However, if the advice agency has given the
more of the following— assessment manager a notice under section
(a) the giving of a development approval; 339(1)(b)(ii), the advice agency may not appeal the
(b) any provision of the approval including— decision.
(i) a condition of, or lack of condition for,
the approval; or 465 Appeals about decisions relating to extensions
(ii) the length of a period mentioned in for approvals
section 341 for the approval. (1) For a development approval given for a development
(3) However, a submitter may not appeal if the application, a person to whom a notice is given under
submitter— section 389, other than a notice for a decision under
(a) withdraws the submission before the section 386(2), may appeal to the court against the
application is decided; or decision in the notice.
(b) has given the assessment manager a notice (2) The appeal must be started within 20 business days
under section 339(1)(b)(ii). after the day the notice of the decision is given to the
(4) The appeal must be started within 20 business days person.
(the submitter’s appeal period) after the decision (3) Also, a person who has made a request under
notice or negotiated decision notice is given to the section 383 may appeal to the court against a
submitter. deemed refusal of the request.
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OPW14/0121
(4) An appeal under subsection (3) may be started at
any time after the last day the decision on the matter
should have been made.
466 Appeals about decisions relating to permissible
changes
(1) For a development approval given for a development
application, the following persons may appeal to the
court against a decision on a request to make a
permissible change to the approval—
(a) if the responsible entity for making the change is
the assessment manager for the application—
(i) the person who made the request; or
(ii) an entity that gave a notice under section
373 or a pre-request response notice
about the request;
(b) if the responsible entity for making the change is
a concurrence agency for the application—the
person who made the request.
(2) The appeal must be started within 20 business days
after the day the person is given notice of the
decision on the request under section 376.
(3) Also, a person who has made a request under
section 369 may appeal to the court against a
deemed refusal of the request.
(4) An appeal under subsection (3) may be started at
any time after the last day the decision on the matter
should have been made.
467 Appeals about changing or cancelling conditions
imposed by assessment manager or concurrence
agency
(1) A person to whom a notice under section 378(9)(b)
giving a decision to change or cancel a condition of a
development approval has been given may appeal to
the court against the decision in the notice.
(2) The appeal must be started within 20 business days
after the day the notice of the decision is given to the
person.
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