Negotiated Decision Notice OPW19 0180 · OPW19/0180

Officer: 	Conor Neville
Direct Telephone: 	07 53296465
Our Reference:	OPW19/0180
Your Reference:	.
18 November 2019
Mr RW O'Grady
70 Thorne Rd
THORNESIDE  QLD  4158
[email protected]
Dear Sir
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On 18 November 2019, Council decided your representations. This negotiated decision notice replaces the decision notice approved on 21 October 2019.
Details of the negotiated decision are as follows:
APPLICATION details
Application No:	OPW19/0180
Street address:	19 Viewland Dr Noosa Heads Qld 4567
Real property description:	Lot 8 RP 88535
Planning Scheme:	The Noosa Plan (8 June 2018)
decision details
Council on 21 October 2019, decided to issue the following type of approval:
Development Permit for Operational Work - Vehicle Crossover & Clearing Vegetation
In relation to representations, Council on 18 November 2019 decided to:
Amend condition 2a under the heading Retention of Existing Trees and Vegetation
currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
APPROVED PLANS/DOCUMENTS
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
Sheet 2 of 16		Site Plan (AS ANNOTATED BY COUNCIL)	14/08/2019
		Arborist report, 19 Viewland Drive, Noosa Heads prepared by Consult Arborist P/L	19/03/2019
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 21 October 2021, unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITIONS
Engineering
Tree protection fencing must be installed under the supervision of the Project Arborist.
A condition report including photographs of the frontage of the site must be completed and submitted to Council prior to the prestart meeting.
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.
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 6245. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Arboreal works.
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
traffic management during the construction phase;
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD);
provision for safe pedestrian access across the frontage of the site both during and outside working hours.
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
Retention of Existing Trees and Vegetation
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.
A qualified person * must be engaged for the duration of the clearing works to:
Ensure works are carried out in accordance with the approved Consult Arborist report
Supervise tree protection within the development site and frontages, prior to, during and following construction in accordance with AS 4970, Protection of trees on development sites;
Oversee approved tree removal in proximity to retained trees;
Undertake a risk assessment of all trees within striking distance of the development works and site and carry out hazard removal and amenity pruning in accordance with AS 4373, Pruning of amenity trees.
*(Refer to Advisory Note)
Removal of Existing Trees and Vegetation
Removal of existing trees and vegetation must be undertaken by a qualified person* and must include:
Stump grinding to below finished surface level;
Rectification to the finished surface levels and materials;
No damage to other vegetation for retention;
Legal disposal of all removed vegetation and debris.
*(Refer to Advisory Note)
Protection of wildlife
Prior to felling or pruning, all trees are to be inspected for wildlife (i.e. koalas, possums, birds’ nests etc). If wildlife is present, the tree must not be felled or pruned until the wildlife has left the tree or has been removed by a qualified person*.
*(Refer to Advisory Note)
Vegetation clearing must be undertaken in a manner that avoids damaging surrounding vegetation and habitat.
Installation of Street Tree
A 100L Cupaniopsis anacardioides (Coastal Tuckeroo) must be installed following the completion of the crossover works in accordance with the IPWEAQ General Set standard drawing (GS-010) and maintained by the developer for a minimum period of 12 months.
Engineering
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
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:
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.
All works must be constructed and work procedure undertaken in accordance with:
the approved plans/documents and conditions detailed in this Decision Notice;
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.
Works within Road Reserves
Safe 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.
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
Driveway crossover must be constructed generally in accordance with council’s Standard Drawings RS-049 and RS-050, and the approved plan.
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.
The following must be complied with during the construction of the required crossover/driveway:
the driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete;
the driveway must be in accordance with the requirements of AS2890.1 Off-Street Car Parking for longitudinal and crossfall gradients;
the driveway must be constructed so as to not concentrate or direct stormwater runoff onto neighbouring properties;
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;
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;
any stormwater kerb outlet in close proximity to the edge of the new driveway must be provided with an approved kerb adaptor;
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.
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.
Earthworks and Retaining Walls
A separate development permit for Operational Works must be granted for bulk earthworks prior to any works commencing, unless those works form part of approved building work on the land. A development permit for Operational Works must also be obtained for any site proposed to source fill for, or receive fill from, the development. The transport routes for the haulage of material between these two sites must be identified and approved by Council.
All earthworks must 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 2’ as defined in Appendix B.
Fall protection must be provided to retaining walls that are over 1m high.
Slope and batters are a maximum grade of:
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
The constructed driveway must not cause additional ponding on the road formation or the road reserve.
Environment (Erosion and Sediment Control)
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.
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.
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
A final inspection and approval of the new driveway and completed reinstatement works by Council’s Inspector is required.  Please contact Council on 5329 6245 to arrange for the inspection.
referral agencies
Not applicable.
Advisory notes
ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Qualified Person
Qualified Person, for the purpose of:
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 and either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Undertaking Fauna site works and calculating compensatory habitat is considered to be a Fauna Spotter Catcher with current certification under the Queensland Parks and Wildlife Service.
General Advisory Notes
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 Council’s standard drawings RS-049 and RS-050.
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
Contact Council on 5329 6245 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.
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
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
Accepted best practice standards include:
the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2 or other superseding document subsequently adopted by Council;
Best Practice Erosion and Sediment Control, International Erosion Control Association (2008).
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.

Yours faithfully,

Conor Neville
Senior Environment Officer

Enc:	Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 21 October 2019.
Negotiated Decision Notice – 18 November 2019, with an amendment to conditions 2a under Retention of Existing Trees and Vegetation>
cc.	Unitywater

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