Delegated Report - Code - Planning OPW18 0304 · OPW18/0304

Author	Monkeith Kadhum - Development Engineer
Development Assessment

APPLICATION DETAILS
Application No.	OPW18/0304
Applicant	JDBA Certifiers
Proposal	Operational Works - Earthworks
Properly Made Date	9 November 2018
Information Request Date	29 November 2018
Information Response Date	4 December 2018
Decision Due Date	31 January 2019
Report Completed Date	21 December 2018
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	95 Hollett Rd Noosaville Qld 4566
RP Description	Lot 1 SP 179590
Land Area	12050 m²

STATUTORY DETAILS
Locality	Noosaville
Zone	Rural Settlement
Overlays	Biodiversity Layer (Riparian Buffer)
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works - Earthworks.
site details
Background
The proposed earthwork is to enlarge an existing dam on the site. There is no available record on permit approval for this dam. The dam does not comply with self-assessable criteria of Earthworks Code. To mitigate any potential adverse impact on other properties and ensure compliance with the applicable standards and guidelines, an application for OPW for Earthworks was required.
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Surrounding Land Uses

The downstream properties to the south are mainly occupied by golf course. The golf course (Noosa Par 3 Golf Course) is aware of the proposed enlargement of dam.
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
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Earthworks Code
Assessment Comment
The proposed enlargement of the existing dam does raised critical issues regarding its impact on the vegetation, stormwater drainage or the amenity of other properties. However, the need to dewater the existing to carry the excavation works required details about where the dam water will pumped to and disposed of.  This matter was raised by Council in the Information Request to the applicant.
In response to the information request the applicant provided a written consent from the agent for the owner of adjoining downstream property (Noosa Par 3 Golf Course) to allow for water pumped out from the dam into the golf course property. The written consent (email to the property owner Scott Guilford) provided by Russel Milliner – Course Superintendent, Noosa Par 3 Golf Course and dated 29 November 2018. This consent for receiving the pumped water from the dam has addressed the key issue associated with the construction operation for the dam extension.
cONSULTATION
Internal Referrals
The application was forwarded to the following internal Council officers:
Ecologist – Conor Neville in relation to the impact or the dewatering of the dam and water disposal on the ecology and existing aquatic fauna.
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 OPW18/0304 for Operational Works - Earthworks situated at 95 Hollett Rd Noosaville Qld 4566 and described as Lot 1 SP 179590, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW18/0304
Street address:	95 Hollett Rd Noosaville Qld 4566
Real property description:	Lot 1 SP 179590
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Earthworks
CURRENCY PERIOD of approval
The currency 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/Document Name	Date
Project No: HRN000 SD00	A	Site Plan, Prepared by RC Studio and As Annotated by Applicant	25/05/2018
SITE SPECIFIC CONDITIONS
Dam Dewatering
All water discharged from the dam must be travel a minimum distance of 70m overland across a grassed surface prior to entering a waterway.
Dam dewatering should be discharged in sheet flow manner and must not cause scouring or erosion.
Where aquatic fauna is found in the dam, they must be relocated to a similar environment in a manner which does not cause harm to the fauna.
PRIOR TO COMMENCEMENT OF WORKS
Where applicable and in order to address potential of future dispute with adjoining owners, a general condition report/photographs of any fences, vegetation, landscaping and features on adjoining properties that could be affected by the proposed works must be completed and submitted to council at the prestart meeting and prior to any works commencing.
Certificate/s demonstrating currency of public liability insurance and works insurance covering all aspect of the works must be submitted to Council prior/at 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 6245. The pre-start meeting must include the relevant parties for the following aspects of the works:
Earthworks (including the machinery operator/s);
Erosion and sediment control;
Other relevant parties.
*(Refer to Advisory Notes)
Any necessary traffic management control measures must be provided be in accordance with Manual of Uniform Traffic Control Devices (MUTCD) prior to commencement of works and shall be discussed in details at the prestart meeting.
Any changes to the details associated with Principal Contractor (for the earthworks) prior or during construction, must be notified to council in writing within five business days of the change occurring.
DURING CONSTRUCTION
The works must not adversely impact on any exiting native vegetation and trees located within protection areas.
The developer must meet any costs to repair damage to any Council, public and/or private (eg share access driveway) 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 and other users. In circumstances where the damage does not create a hazard to the community or other users, it must be repaired immediately on completion of the works associated with the development.
The works must be carried out in a manner that minimises adverse impacts on other properties including noise and dust emissions.
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, and relevant standard specifications and guidelines.
Earthworks and Fall Protection
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with supervision and any required soil testing in accordance with the relevant sections of AS 3798.
Fall protection, including temporary protection, must be provided to retaining walls and fall hazard over 1m high.
Stormwater Drainage
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 (eg by blocking or interfering with natural overland flows) unless appropriate written permission is obtained in this regard.
The development must control all stormwater discharges and ensure no undue adverse impacts on other properties.
Environment - Erosion and Sediment ControL
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.
Offsite run-off must be diverted around exposed soils on the site without entraining additional sediments. Discharge from measures to divert the offsite water must not cause run-off impacts to other properties.
Excavation/cut to fill earthworks must not commence until all necessary and sufficient erosion and sediment controls are properly installed.
Upon the completion of the works associated with permit, 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.
FOLLOWING CONSTRUCTION
Certification
Upon completion of the work and prior to final inspection by Council, a written confirmation certifying that the works have been constructed in compliance with the conditions of this Operational Works permit and that all disturbed surfaces are properly stabilised.
A final inspection by Council’s Inspector is required of the completed works. Please contact Council on 5329 6245 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
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, the applicant/owner bears full responsibility for all aspects of the engineering design and the construction operation.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
It is noted that the owner of the subject property has obtained a permission to drain the dam water onto the Noosa Par 3 Gold Course; reference is made to email trail submitted to Council and include an confirmation email to the property owner Scott Guilford provided by Russel Milliner – the Course Superintendent, Noosa Par 3 Golf Course and dated 29 November 2018 to allow dam water be drained across the Golf Course property.
Prestart and Inspections Request
Contact Council on 5329 6245 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 Right of Appeal Period of 20 business days should have been passed or the applicant has have confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
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.
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 Co-ordination Unit on 07 3239 3647 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