Delegated Report - Code - Planning OPW21 0355

Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW21/0355
Applicant	Tamara Lea Hussin, Geoffrey Paul Hussin c/ Brennan Planning Pty Ltd
Proposal	Operational Works - Earthworks
Properly Made Date	10 December 2021
Information Request Date	7 January 2022
Information Response Date	4 March 2022
Decision Due Date	20 April 2022
Report Completed Date	19 April 2022
Report Reviewed By	Diogo Carrico

PROPERTY DETAILS
Property Address	36 Tunba Ct Cooroy Mountain Qld 4563
RP Description	Lot 17 SP 133492
Land Area	94340.000 m²
Existing Use of Land	Rural Residential

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land, Biodiversity (Biodiversity Significance, Waterway, Riparian Buffer), Bushfire, landslide
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works - Earthworks.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site and Landslide Hazard Overlay

Figure 3 – Floor Plan

site details
Background
The application has been submitted in response to compliance action from Council to address earthworks that had been undertaken without approval.
Site Description
The site is a rural residential property
Surrounding Land Uses
Rural
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:
Earthworks Code
Water Quality and Drainage Code
Landslide Hazard Overlay Code
The application has been found to generally comply with all applicable codes.
Assessment
The originally submitted material included a number of documents:
Town Planning Assessment,
A Geotechnical Investigation and Global Stability Assessment prepared by Morrison Geotechnic,
A material Test Report prepared by Morrison Geotechnic,
A survey plan of the earthworks prepared by Focus Survey Group,
Sediment and Erosion Control Plans prepared by Aussie Environmental.
Council assessed the submitted material and issued an Information Request for additional detail on a number of concerns (demonstrate compliance with the relevant codes, survey information and geotechnical). The applicant’s consultant engineer provided a response on the 4th March providing comment on the requested issues and providing a plan of the necessary modification works and drainage works.
It is noted that a portion of the existing earthworks may extend beyond the property boundary and sediment has previously left the subject site. Council cannot condition for works to be undertaken on the adjoining property and it is a civil matter between the land owners. Relevant conditions have been included for the works within the subject site and an advisory notation has been included in the decision notice in relation to works on the adjoining property
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
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 OPW21/0355 for Operational Works - Earthworks situated at 36 Tunba Ct Cooroy Mountain Qld 4563 and described as Lot 17 SP 133492, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW21/0355
Street address:	36 Tunba Ct Cooroy Mountain Qld 4563
Real property description:	Lot 17 SP 133492
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Earthworks
Please note: Prior to undertaking any works on the adjoining property necessary to rectify encroaching earthworks or removing transported sediment the applicant must obtain written authority from the adjoining property owner. A copy of this written authority must be provided to Council for record keeping purposes.
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
C30	B	Bulk Earthworks Plan prepared by RECOR Engineers	18 March 2022
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 19 April 2024, unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITIONS
A site control and/or compliance bond of $5000 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.
All earthworks must be wholly contained within the subject site.
The property owner must ensure at all times (prior to, during and after the construction works) that Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection Regulation 2019) are not 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 developer must engage a Registered Cadastral Surveyor to redefine and mark the property boundary in the area of the proposed works prior to works commencing.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
Tree protection fencing must be installed under the supervision of the Project Arborist.  (Refer to Retention of Existing Trees Conditions)
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;
Erosion and sediment control works;
Other relevant parties
A Construction Management Plan must be submitted to Council at least 5 working days prior to the pre-start meeting. The plan must address the following:
the type of vehicles and machinery to be utilised on site)
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) at the entrance to the site
provision for safe vehicle access across the frontage of the site both during daily construction and after daily construction has ceased.
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
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
Engineering
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 supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit.
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
Earthworks and Retaining Walls
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 1’ as defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and uniformity of fill must be provided by a RPEQ and submitted to Council within 1 month of the works being completed.
All works must be carried out in accordance with the recommendations contained in The Geotechnical Investigation and Global Stability Assessment, Job No. ME21/032 prepared by Morrison Geotechnic dated November 2021.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater drainage lines including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (eg by blocking or interfering with natural overland flows).
Erosion and Sediment Control
Sediment and erosion control measures must be in place prior to works commencing. If such measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such fines can be issued if sediments from the site are found to enter or have the potential to enter Council’s stormwater system, natural waterways, any downstream stormwater filtration system or adversely impacting on other properties.  The sediment and erosion control design and measures have NOT been approved, it is the site's Supervising Engineer who is responsible for ensuring that the sediment and erosion control measures have:
Been duly designed by an RPEQ or CPESC and constructed in accordance with "best practise" methods,
Been revised by an RPEQ or CPESC to address the issues raised by changes in the projected construction schedule and/or methods,
Been revised to address predicted rainfall events, and
Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be found inefficient.
The erosion and sediment control measures must be designed, installed and maintained in accordance with the supervising engineer instructions and the current best practice standards * (Refer to Advisory Note).
The developer must ensure non-essential exposure of soil is prevented by restricting the extent of disturbance and minimising the duration of soil exposure to adverse weather conditions and effectively turf, cover or stabilise any disturbed area without delay and prior to rainfall occurring.
The developer must ensure sediment does not leave the site or enter onto adjoining properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or machinery. It is essential to implement appropriate approved erosion and sediment control measures throughout the site during all phases of construction including vehicle shakedown pad/grid (or similar) at the access to the construction site. Where sediments or other contaminants are deposited on a road, they must be removed so as not to enter Council’s drainage system or waterways.
Earthworks and the implementation of erosion and sediment controls are undertaken in ways which ensure flooding characteristics (including stormwater quantity characteristics) external to the development site are not worsened during construction for all events up to and including the 1% AEP (1 in 100 year ARI) event.
Drainage paths must be regularly inspected to ensure the sediment fences/measures are not being bypassed as a result of sediment build up. Sediment laden runoff must be prevented from leaving the subject site and entering neighbouring properties and/or stormwater systems.
Soil exposure must be limited on the site to a distance of no more than 2m beyond the extent of earthworks shown on the approved plans except where the exposed soil is effectively stabilised without delay and prior to rainfall occurring.
A log book for the Erosion and Sediment Control measures and inspections must be maintained by the site manager and made readily available to Council when requested. The supervising engineer must verify and endorsed the E&SC measures upon their installation, and periodically check these measures and the log book during construction and the stabilisation stages. Any defects in erosion and sediment control devices, such as sediment fences, are to be inspected and documented. Upon Inspection, the contractor is to determine whether the device should be replaced or repaired. Documentation is to include how the damage was caused and what measures can be implemented to reduce the possibility of repeat occurrences. Any damage to either permanent or temporary water quality control structures or devices is to be immediately rectified at the contractor’s expense.
The effectiveness of the erosion and sediment control devices must be monitored. All ESC measures are to be inspected:
at least daily (when work is occurring on site) or weekly (when work is not occurring on site); or
within 24 hours of expected rain; or
within 18 hours of a rainfall event (i.e. an event of sufficient intensity and duration to mobilise sediment on site).
Prior to the completion of the development and commencement of use, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
Damage to Services and Assets
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.
FOLLOWING CONSTRUCTION / PRIOR TO COMMENCEMENT OF THE USE
Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
Upon completion of the work a certificate must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the recommendations contained in The Geotechnical Investigation and Global Stability Assessment, Job No. ME21/032 prepared by Morrison Geotechnic dated November 2021, and that the development has a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
Upon completion of the work a certificate must be submitted to Council from a Registered Cadastral Surveyor that certifies that the completed earthworks are wholly contained within the subject site.
Bonds must:
meet the requirements of council’s relevant Planning Scheme Policy for performance and uncompleted works.
be calculated using a schedule of works and relevant bond equation
be lodged with Council and accompanied by the Bond Administration Fee/s.
be requested for release by writing to Council, when relevant approval requirements have been met.
A final inspection and approval of the new works and completed reinstatement works by Council’s Inspector is required. Please contact Council on 5329 6500 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 works are a private structure, the owner bears full responsibly for the standard of their construction, maintenance and any liabilities associated with their construction.
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, On and Off Maintenance 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.
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 International Erosion Control Association Australasia Best Practice Erosion and Sediment Control
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).
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the final inspection:
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
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.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
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 (ACH Act).
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 ACH 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 to discuss any obligations under the ACH Act.

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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