Delegated Report - Code - Planning OPW21 0277

Author	Development Engineer, Diogo Carrico
Development Assessment

APPLICATION DETAILS
Application No.	OPW21/0277
Applicant	Auspower Connect Pty Ltd
Proposal	Operational Works – Electrical Reticulation
Properly Made Date	28 September 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	1 December 2021
Report Completed Date	15 October 2021
Report Reviewed By	Mark Lewis

PROPERTY DETAILS
Property Address	18 Pearsons Rd Cooroy Qld 4563
RP Description	Lot 5 RP 202304
Land Area	2000 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	None
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works – Electrical Reticulation.
The proposal plan is included below.

Figure 1 – Site Plan
site details
Background
Subject operational works application follows up on requirements of higher order Reconfiguration of a Lot approval RAL20/0028.
The documentation submitted for the subject application is comprehensive and an information request was not required.
Site Description

Surrounding Land Uses

assessment
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.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Works Codes
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
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
With regard to Application No OPW21/0277 for Operational Works – Electrical Reticulation situated at 18 Pearsons Rd Cooroy Qld 4563 and described as Lot 5 RP 202304, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW21/0277
Street address:	18 Pearsons Rd Cooroy Qld 4563
Real property description:	Lot 5 RP 202304
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works – Electrical Reticulation
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan Description	Date
Project No. S4400254 Sheet 1 of 2	A	Electrical Reticulation Install 4m of 240 AL 4C LV & 1 LV Pillar Prepared by Auspower Connect Pty Ltd	23/09/2021
Project No. S4400254 Sheet 2 of 2	A	Electrical Reticulation Install 4m of 240 AL 4C LV & 1 LV Pillar Prepared by Auspower Connect Pty Ltd	23/09/2021
Site Specific Condition
Electrical conduits or other services proposed to be installed within existing and/or proposed road reserves under any existing road pavement, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Prior to Commencement of Construction
Council must be advised of the appointment of a Principal Contractor in terms of the Work Health and Safety Act 2011.
Any construction works to be undertaken in the vicinity of Public or Council's existing (on-maintenance or off-maintenance) infrastructure must not adversely affect the integrity of the infrastructure. Any damage to the external road pavement, pathway or any municipal infrastructure as a direct consequence of construction activities associated with this approval shall be remedied by the applicant at no cost to Council or to the service provider.
The work site and the areas could be affected by the works must be photographed prior to any works commencing on the site and be submitted to Council.
Electrical Reticulation
Electrical reticulation works cannot commence until they are fully approved by Energex and a copy of the Energex approval has been submitted to Council.
Electrical works must be coordinated with other civil works associated with development permit approval for Reconfiguring A Lot ref: RAL20/0028 and must not be in conflict with any existing or proposed infrastructures and services.
Any electrical pillar or power pole must be located clear of the any water meters and Unitywater infrastructures in accordance with Unitywater and Energex guidelines.
Any electrical pillar or power pole must has a minimum clearance of 1.0m from edge of roads and driveways unless approved otherwise in writing by Energex.
General
All works must be constructed and work procedure undertaken in accordance with:
All the relevant codes and policies of The Noosa Plan, particularly PSP 6 – Engineering Design Standards;
Provision of the Work Health and Safety Act and such other legislation as is applicable to workplace health and safety;
The list of approved plans of this Decision Notice, the conditions of this Decision Notice and the relevant conditions of the higher order approval development permit approval for Reconfiguring A Lot ref: RAL20/0028 and any related relevant OPW approvals.
Any conflict between the proposed works and any existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
All works associated with this permit approval must be carried out in a safe manner for the members of the public without adverse or undue impact on other properties or the users of the roads and pathways network, where required all traffic control signage must be in accordance with the Manual of Uniform Traffic Control Devices (MUTCD).
The applicant must ensure sediment from the work site does not leave the site or ends into the street stormwater drainage system, watercourses and/or wetlands due surface runoff or on tyres of vehicles and/or machineries.  It is essential to implement appropriate approved erosion and sediment control measures as may be necessary during all phases of works and that non-essential exposure of soil is prevented by restricting the extent of clearing and minimising the duration of soil exposure to adverse weather conditions. Disturbed areas must be stabilised without delay and prior to rainfall occurring.
The supervising Consultant must ensure that the works have been inspected and confirm their acceptability and compliance with this permit and the relevant standards at the completion of the works.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
General Advisory Notes
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.
Environmental Advisory Note
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.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
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 ACH 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 Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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