Decision Notice OPW16/0271

Officer:	:Monkeith Kadhum
Direct Telephone:	 07 53296293
Our Reference:	:OPW16/0271
Your Reference:	:2016 0179

1 December 2016

Pacific BCQ
PO Box 1901
NOOSAVILLE BC  QLD  4566

[email protected]

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 30 November 2016, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:

1.	APPLICATION DETAILS

Application No:	OPW16/0271
Street Address:	11 Seaview Tce SUNSHINE BEACH  QLD  4567
Real Property Description:	Lot 811 RP 48111
Planning Scheme:	The Noosa Plan (28 October 2016)

2.	DECISION DETAILS

The following type of approval has been issued:
Development Permit for Operational Work - Vehicle Crossover

3.	RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is 2 years starting the day that this development approval takes effect.
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
CD.201 Project 1534	C	Basement Plan, prepared by Bark Design Architects As Annotated by Council in Red	04/11/2016
CD.306 Project 1534	C	Section F, prepared by Bark Design Architects As Annotated by Council in Red	04/11/2016

SITE SPECIFIC CONDITIONS
The driveway design and construction must provide a minimum of 750mm kerb-line separation between the taper of the proposed driveway and the taper of the existing driveway of the adjoining property. Also, a minimum of 750mm kerb-line separation must be provided between the new driveway and the existing street stormwater pit.
All earthworks, stabilisation works, piling and/or earth retention, particularly along the northern boundary of the site, must be carried out in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, and be designed and supervised by RPEQ with geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2’ as defined in Appendix B.
Prior to commencement of the works, a written confirmation from Unitywater must be obtained to confirm that Unitywater has no objection to the proposed excavation and decreased cover over the exiting sewer main along the frontage of the site. A copy of the written confirmation must be provided to Council prior to the prestart meeting.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
Where applicable, copies of any engineering plans associated with the proposed works, duly signed by the consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer Construction at the “pre start” meeting.
A condition report including photographs of the frontage of the site must be completed for future reference and made available to Council at the prestart meeting.
A condition report including photographs of all fences bordering the site and any buildings, structures, pathways, landscaping features etc on adjoining properties that could be potentially impacted on by the proposed earthworks and/or construction works associated with this approval 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 prestart meeting is 5329 6244. The prestart meeting must include the relevant parties for the following aspects of the works:
Civil engineering works.
Erosion and sediment control.
A Construction Management Plan must be submitted and approved by Council prior to the prestart meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction.
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
Proposed fencing to the site during the construction phase of the development.
Adequate parking arrangements for construction workers.
No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures.
Works programme identifying key components of the works and their respective durations.
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues.
Identification of complaint management procedures including:
Contact details for the on-site manager.
Dispute resolution procedures.
For haulage operations involving significant volumes of fill material or excavated material being transported onto or off the site: details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.  NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense.
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
General
The developer must meet any costs to repair damage to any Council asset during carrying out the works including any damage to existing vegetation 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 and conditions of this permit approval.
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.
Driveway
Driveway crossovers must be constructed in accordance with the approved plans and be generally in compliance with IPWEAQ Standard Drawings RS-049 and RS-050 and the requirements of AS 2890.1, and must :
Have surface consists of either an approved hot mixed asphaltic concrete or patterned/plain concrete.
Have a slip resistant surface for pedestrians saftey.
Be constructed so as not to concentrate stormwater runoff or cause ponding onto neighbouring properties and/or the road verge.
Have a minimum clearance of 500mm from any Unitywater/Telstra asset, unless a written approval is obtained from Unitywater/ Telstra and submitted to Council.
The property access must be located a minimum of 1m clear of any existing power poles, streetlights or other signage.
Pavement Design and Construction
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 and should be generally certified by an RPEQ.
Pavement must be designed and constructed to comply with the Disability Discrimination Act (DDA) and the relevant sections of AS1428 Design for access and mobility.
Stormwater Drainage
Any stormwater kerb outlet in a close proximity to the edge of the new driveway must be provided with an approved durable kerb adaptor.
Any proposed stormwater drainage grated pit or grated channel must be located wholly within private property.
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties including road grassed verge (eg by blocking or interfering with natural overland flows).
Works Within Road Reserve/Reinstatement
All frontage works must match neatly with existing road verge and kerb line. Additional works beyond the frontage may be required to provide an acceptable transition to existing finished surfaces (eg grassed verge, adjoining driveway, manholes etc) and to minimise trip hazards to road users. The grassed verge batters should generally have a maximum crossfall of 5%.
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, particular attention must be given to prevent sediment from entering into Council’s street stormwater drainage system (including road channel/gutter). The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards (refer to advisory notes).
Damage to Services and Assets
Any damage caused to existing services, streetscape 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.

FOLLOWING CONSTRUCTION
Certification and Final Inspection
A final inspection and approval of the new driveway and completed reinstatement works by Council’s Inspector is required.  Please contact Council on 5329 6244 to arrange for the inspection.
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 the driveways are private structures, the property owner/applicant bears full responsibly for the standard of its construction, maintenance and any liabilities associated with its construction. It is recommended that a professional engineering design or advice be sought for the construction of driveways to ensure that the driveway and associated works are constructed in accordance with IPWEAQ Standard Drawings RS-049 and RS-050 and relevant standards.
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works. A detailed check of the accuracy of the drawings has not been undertaken.  The applicant bears full responsibility for all aspects of the engineering design.
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 Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
In order to mitigate the potential of public liabilities due to trip and similar hazards, Council does not permit any unauthorized works within the road reserve such as steps, sleeper steppers, hazardous landscaping and the like.
Prestart, Inspections Request
Contact Council on 5329 6244 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)

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.
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 Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Not Applicable.
self assessable codes
Not Applicable
submissions
Not Applicable
reasons/grounds for approval DESPITE CONFLICT WITH SCHEME
Not Applicable
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”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
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

Monkeith Kadhum
Development Engineer

Enc:	Approved Plans/Documents
Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), 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.
(3) 	Also, a person who has made a request under section 383 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.

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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