Delegated Report - Code - Planning OPW21 0063

Author	Development Engineer, Laurie Schreck
Development Assessment

APPLICATION DETAILS
Application No.	OPW21/0063
Applicant	Allies Early Learning Centre
Proposal	Operational Works - Vehicle Crossover
Properly Made Date	2 March 2021
Information Request Date	17 March 2021
Information Response Date	4 June 2021
Decision Due Date	22 July 2021
Report Completed Date	01 July 2021
Report Reviewed By	Mark Lewis

PROPERTY DETAILS
Property Address	16 Myles St Tewantin Qld 4565
RP Description	Lot 3 RP 108538
Land Area	673.0000 m²
Existing Use of Land	Vacant Land

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Land Subject to Acid Sulfate Soils (Above 5m to 20m AHD)
Assessment Type	Code
PROPOSAL
The application seeks approval for an Operational Works - Vehicle Crossover.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan
site details
Background
This application is required as the crossover will result in the removal of a street tree and reshaping works in the verge area. A non-standard crossover is also required due to site specific limitations.
Site Description
The proposed driveway/crossover is the only driveway for this property. The steep nature of the verge and road crossfall render a crossover with compliant grades unachievable without significant verge reshaping. There is also a relatively shallow gravity sewer main in the verge which further limits the ability to lower the crossover. Given the sewer main is gravity fed, a lengthy section of the main would need to be lowered to achieve compliant grades incurring significant additional costs which is considered unreasonable for a primary access.
With the site specific limitations for the use of a standard crossover and the fact that this will be the primary/only access to the property, special consideration has been given to accept a non-standard bridging style crossover built in accordance with Gympie Regional Council’s standard drawing R-04.
There is also a large Poinciana tree located in the road reserve against the front boundary. The tree is proposed for removal due to the clash with the crossover. With a relatively small frontage and the location of the roadside stormwater inlet, there is no opportunity to relocate the crossover to retain the tree. With the tree being an exotic species, its removal is considered acceptable.
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:
Driveways and Parking Code;
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Noosa Council’s Planning Ecologist – It has been advised that the removal of the Poinciana Tree is supported by Council as the location of the driveway is constrained by existing infrastructure, underground services and stormwater pit resulting in no opportunity to have the street tree retained.
Noosa Council’s Design Team – Given the site specific limitations preventing the use of a standard style crossover, the design team have advised the use of a bridging style crossover built in accordance with Gympie Regional Councils standard drawing (R-04) will be accepted provided it does not present a hazard to motorists as they drive along Myles St and sufficient clearance in the kerb and channel is provided to allow for cleaning out.
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 OPW21/0063 for an Operational Works - Vehicle Crossover situated at 16 Myles St Tewantin Qld 4565 and described as Lot 3 RP 108538, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW21/0063
Street address:	16 Myles St Tewantin Qld 4565
Real property description:	Lot 3 RP 108538
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Vehicle Crossover
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/Document Name	Date
20651-C1000	C	Locality Plan, Drawing Index & General Notes as prepared by Tod Engineers and Project Managers	03 June 2021
20651-C1100	C	General Arrangement, Cross Sections & Details as prepared by Tod Engineers and Project Managers	03 June 2021
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 07 July 2023, unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITIONS
The bridging style crossover is to be constructed generally in accordance with the approved plan 20651-C1100 Rev C (as prepared by Tod Consulting) and must have sufficient clearance to allow debris to be cleaned out so as to not block the flow of water in the channel.
GENERAL CONDITIONS
Engineering
A condition report including photographs of the frontage of the site must be completed and submitted to Council at 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 6500. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering 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); and
Provision for safe pedestrian access across the frontage of the site both.
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.
Clearing of Vegetation
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 removal or pruning must be undertaken in a manner that avoids damaging surrounding vegetation and habitat.
All approved cleared vegetation must be lawfully disposed of.
Vegetation removal, felling and lopping must result in the area being stabilised against erosion and turfed.
Turfed areas must be must be free of pest, diseases and weeds and level with adjoining surfaces.
Bonds
A site control and/or compliance bond of $3000 is to be submitted to Council prior to the pre-start meeting. The pre-start meeting will only be held once Council's Construction Engineering Officer has confirmation that the bond monies have been received by Council.
The bond will be refunded less any costs incurred by Council in ensuring compliance with these conditions or any additional inspections incurred for substandard work or work undertaken not in accordance with this permit.
Bonds must:
Meet the requirements of council’s relevant Planning Scheme Policy for performance and uncompleted works;
Include GST;
Be lodged with Council and accompanied by the Bond Administration Fee/s; and
Be requested for release by writing to Council, when relevant approval requirements have been met.
DURING CONSTRUCTION
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.
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.
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; and
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
Excess material from verge reshaping must be disposed of lawfully.
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
The driveway crossover must be constructed generally in accordance with:
The approved plan 20651-C1100 Rev C (as prepared by Tod Consulting); and
Gympie Regional Councils standard drawing R-04.
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;
Underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway;
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; and
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.
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 6500 to arrange for the inspection.
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the requirements of this Operational Works permit.
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
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 standard drawing RS-049 and RS-050.
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.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
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 6500 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.
Qualified Person
A qualified person, for the purpose of:
Undertaking Fauna site works is considered to be a Fauna Spotter Catcher with current certification under the Queensland Parks and Wildlife Service.
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 International Erosion Control Association Australasia Best Practice Erosion and Sediment Control
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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