Negotiated Decision Notice OPW25 0073 · OPW25/0073

               9.     Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
                      in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
                      Engineer of Queensland (RPEQ).
               10.    As a general rule, a site is determined to have achieved effective short-term stabilisation if
                      at the time of the plan sealing inspection:
                      a.      Methods of stabilisation are:
                              •    appropriate for slopes and slope lengths; and
                              •    are consistent with best practice environmental management practices such as in
                                   the Manual for Erosion and Sediment Control or the IECA Manual; and
                      b.      Stormwater runoff from the site is not currently, and is not likely to result in visible
                              evidence of sedimentation or erosion, or lead to water contamination.
                              If at the time of request for plan sealing, the method of short-term stabilisation has not
                              achieved a level of stability that Council's Officers believe will have a high probability
                              of achieving long term stability (i.e. until house construction has occurred on all lots),
                              Council Officers may take the following matters into consideration in determining
                              whether the site is capable of achieving medium to long-term stability:
                              •    evidence that the site has been effectively stabilised in the short term;
                              •    evidence that soil has been adequately ameliorated;
                              •    evidence that seed of annual and perennial grass species has been applied at an
                                   adequate rate; and
                              •    that grass seed has germinated at a density that is likely to achieve an effective
                                   grass cover.
                              For example, while hydromulch can provide an immediate and effective stabilising
                              cover to soils, the protective cover can be relatively short-lived if vegetation fails to
                              establish before the thin layer of mulch decomposes. So if hydromulch is selected as
                              the method of temporary short term stabilisation, Council Officers will seek to confirm
                              that perennial as well as annual grasses are well established at the time of plan sealing
                              to reduce the risk of instability of the site in the medium to long term. As a general rule,
                              hydromulch will only be accepted as a “patch” fix and should comprise no more than
                              20% of the exposed site area due to the high risk of failure. Due to the requirement to
                              progressively stabilise exposed areas, it is not envisioned that this will present any
                              difficulties for an appropriately managed and compliant site.
               8.     PROPERTY NOTES

               Not applicable.
               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.


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Document Set ID: 24070330
Version: 3, Version Date: 01/09/2025