Delegated Report - Code - Planning OPW21 0053 · OPW21/0053

Author	Development Engineer, Diogo Carrico
Development Assessment

APPLICATION DETAILS
Application No.	OPW21/0053
Applicant	Ward Builders
Proposal	Operational Works – Vehicle Crossover
Properly Made Date	4 March 2021
Information Request Date	16 March 2021
Information Response Date	Not Applicable – the applicant did not respond and completed the works under the subject application
Decision Due Date	1 July 2021
Report Completed Date	25 May 2021
Report Reviewed By	Mark Lewis

PROPERTY DETAILS
Property Address	5 Lunar Cres Noosa Heads Qld 4567
RP Description	Lot 32 RP 94023
Land Area	653 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Bushfire (Potential Impact Buffer)
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works – Vehicle Crossover.
site details
Background
The applicant sought an approval for the construction of a non-standard driveway (due to the steep slope). An Information Request was issued, but before a response was received by Council the driveway was built.
The subject approval seeks only RPEQ certification that the constructed works are: 1) structurally sound; 2) suitable for its intended use; and 3) will not cause vehicles to bottom out or scrape either the road formation or the driveway.
16/03/2021 Photos

20/04/2021 Photos

Site Description

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:
Driveway and Parking Code.
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 OPW21/0053 for Operational Works – Vehicle Crossover situated at 5 Lunar Cres Noosa Heads Qld 4567 and described as Lot 32 RP 94023, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW21/0053
Street address:	5 Lunar Cres Noosa Heads Qld 4567
Real property description:	Lot 32 RP 94023
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
C001	A	“Driveway Layout Plan” Prepared by Empire Engineering (As annotated in red by Council)	18/02/2021
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not complied with all of the conditions by 31 May 2023, unless an application to extend the currency period is approved by Council.
GENERAL CONDITIONS
Provide as-constructed plans of the driveway prepared by a suitably qualified person. The plans must include but not limited to:
levels and grades of the access driveway and the manoeuvring areas;
a longitudinal section extending from the centreline of the formation in Lunar Crescent to the garage.
A written certificate must be issued by an RPEQ (Registered Professional Engineer of Queensland), within 3 months of the date of this Decision Notice. The certification must state that the constructed driveway:
is structurally sound;
is suitable for its intended use; and
has been constructed to a standard which allows for a B99 vehicle to enter and exit the property without scrapping or bottoming out on the driveway or the road formation.
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 drawings RS-049 and RS-050.
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.
Property Notation
If the applicant does not provide the RPEQ (Registered Professional Engineer of Queensland) in accordance with the conditions of this permit the following property notation or similar will be added to the Council rates records for the subject property:
“The property does not have a properly constructed crossover as required by Council’s Local Laws.”
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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