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Negotiated Report (Representations made) OPW23 0076 [ As Published]
REQUEST FOR NEGOTIATED DECISION REPORT
Author Graduate Development Engineer, Daniel Epps
Development Assessment
APPLICATION DETAILS
Application No. OPW23/0076
Development Approval Operational Works - Drainage Works, Earthworks,
Landscaping, Roadworks, Stormwater
Applicant Sunshine Enterprises (QLD) P/L
Representations Received On 22 June 2023
Number of Submissions for N/A
Original Application
PROPERTY DETAILS
Property Address 6 Margit Cres Sunrise Beach Qld 4567
RP Description Lot 116 RP 132135
Land Area 776.0000 m²
Existing Use of Land Residential
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential
Precinct N/A
Local Plan Area N/A
Assessment Type Representations made to original approval
1. BACKGROUND
A development approval for a Operational Works - Drainage Works, Earthworks, Landscaping,
Roadworks, Stormwater was issued on 8 June 2023
The applicant suspended the appeal period and made representations on 22 June 2023 to the
development approval conditions. The representations are detailed below but primarily relate to
the compliance bond.
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Document Set ID: 22477507
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2. ASSESSMENT
An assessment in relation to each of the submitted representations is provided below:
Condition 3
3. A compliance bond of $5,000 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.
Applicant’s Representation
The applicant has lodged representations relating to the removal of the $5,000 compliance bond
under the basis that the higher order bond ($7,500 from MCU22/0060) is sufficient to encompass
the associated works for both approvals (MCU22/0060 & OPW23/0076) and minimise any risk to
Council.
The applicant has indicated to Council that the conditions of the higher order approval
(MCU22/0060) and existing development penalties available to Council are sufficient to enable
Council to act on any non-compliant matters of the development.
Assessment of Representation
The works associated with this approval includes works in Council’s road reserve including the
construction of approximately 20 metres of footpath (to become Council’s asset). Ordinarily and in
accordance with PSP4 Performance Bonds, Council would apply a combination bond (components
of both remedial/works and performance bonds) to secure infrastructure works will be properly
carried out in accordance with the conditions of the development approval. In this instance, it is
recommended Council accept the representations as the higher order bond ($7,500 from
MCU22/0060) is sufficient to address the risks to Council associated with the construction of the
footpath since the proposed footpath:
• has been designed by a suitably qualified person (RPEQ);
• requires post-construction RPEQ-certification; and
• includes a 12-month maintenance period, which requires Council’s assessment and
acceptance of the asset in order to begin and conclude the maintenance period.
Prior to the commencement of the 12-month maintenance period, a maintenance bond (in the form
of a cash bond or bank guarantee) for 10% of the cost of the municipal works or $1,500 (whichever
is higher) must be submitted and accepted by Council. It is recommended that an Advisory Note
be included to the effect of:
Prior to the commence of the maintenance period, a maintenance bond in the form of a cash bond
or bank guarantee must be submitted and accepted by Council. The maintenance bond must be
10% of the total cost of the municipal works or $1,500, whichever is higher.
Condition 4
4. Bonds must:
a. meet the requirements of council’s relevant Planning Scheme Policy for performance
and uncompleted works;
b. be lodged with Council and accompanied by the Bond Administration Fee/s; and
c. be requested for release by writing to Council, when relevant approval requirements
have been met.
Applicant’s Representation
See above.
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Document Set ID: 22477507
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Assessment of Representation
Condition 4 includes Council’s requirements for the submission of development bonds. This
condition is no longer relevant as it is recommended that Council support the removal of Condition
3 in line with the applicant’s representations.
3. CONCLUSION & REASONS FOR DECISION
It is recommended that the proposed representations be supported with Conditions 3 and 4 being
removed. The performance bond associated with the higher order approval (MCU22/0060) is
sufficient to secure that the proposed works are undertaken in accordance with the conditions of
the approval. A 12-month maintenance period has been conditioned for the proposed municipal
works. Prior to the commence of the maintenance period, a maintenance bond in the form of a
cash bond or bank guarantee must be submitted and accepted by Council. It is recommended that
an Advisory Note be included to the effect of:
Prior to the commence of the maintenance period, a maintenance bond in the form of a cash bond
or bank guarantee must be submitted and accepted by Council. The maintenance bond must be
10% of the total cost of the municipal works or $1,500, whichever is higher.
RECOMMENDATION
With regard to Application No. OPW23/0076 and the representations made, Council on 3 July 2023
decided to:
A. Delete conditions 3 & 4.
B. Include the below Advisory Note to read as follows:
1. Prior to the commence of the maintenance period, a maintenance bond in the form of
a cash bond or bank guarantee must be submitted and accepted by Council. The
maintenance bond must be 10% of the total cost of the municipal works or $1,500,
whichever is higher.
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Document Set ID: 22477507
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