Delegated Report - Code - Planning OPW20 0033 · OPW20/0033

Author	Development Engineer, Diogo Carrico
Development Assessment

APPLICATION DETAILS
Application No.	OPW20/0033
Applicant	Andrew James St Baker
Proposal	Operational Works – Drainage Works, Landscaping, Stormwater
Properly Made Date	27 February 2020
Information Request Date	Not applicable – applicant chose not to receive an IR
Information Response Date	Not applicable
Decision Due Date	5 May 2020
Report Completed Date	1 May2020
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	62 Park Rd Noosa Heads Qld 4567
RP Description	Lot 108 SP 184118
Land Area	1131 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Semi-Attached Housing
Overlays	Slide Hazard; Acid Sulfate Soils
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works – Drainage Works, Landscaping, Stormwater.
site details
Background
On 19 January 2015, Council, as a concurrence agency, decide to refuse a development permit for building works application – refer to RAP14/0029. Amenity, visual impact, setbacks, site cover and lack of landscaping were the reasons for refusal.
On 16 February 2015, Council was advised of the establishment of a Building and Development Dispute Resolution Committee to decide the appeal application (appeal No. 08-15).
On 9 March 2015, the hearing of the appeal was conducted and on or about 13 March 2015 the Assessment Manager submitted revised plans showing new areas of soft landscaping. The revised plans also provided recalculations of relevant development parameters such as site cover and landscaping provision in accordance with the Noosa Plan.
On 8 May 2015, the final decision was made for appeal No. 08-15.
On 31 August 2018, Council received a notice of engagement of a private certifier.
On 8 November 2019, following an inspection (prompted by the damage to sewer infrastructure) by Council’s Road Reserve officer, he issued a Formal Stop Work Notice for the building works due to works being undertaken on Road Reserve without any approval in place.
The applicant was advised that an operational works application was required (Stormwater; Landscaping and Driveway) for works on Road Reserve.
In December 2019, the applicant submitted a development application for operational works (OPW19/0284) but failed to act on an Action Notice within the stipulated timeframes. A new application (the subject application) was submitted on 27 February 2020.
The applicant does not agree to accept an information request for the subject application (OPW20/0033).
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;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Engineering Works Codes;
Landscaping Code.
cONSULTATION
Referral Agencies
A request for comment was sent to Unity Water on 12 March 2020. (ECM Document Set ID 21101505)
Council received an email from Energex on 22 April 2022 noting that the works undertaken on the subject property have “infringed on Energex’s assets” and “As a result the network is no longer safe to operate and access in an emergency situation has been impeded.” (ECM Document Set ID 21121985)
Other Referrals
The application was forwarded to the following internal Council officers:
Council’s ecologist
conclusion & reasons for decision
The proposed development generally does not comply with the requirements of the planning scheme and raises significant issues that – without the benefit of preparing an Information Request – cannot be addressed by reasonable and relevant conditions.
The application does include elements that could be addressed by reasonable and relevant conditions (i.e. new driveway, reinstatement of pre-existing driveway and stormwater), but the implications of not complying with elements of the code (listed below), may require significant works in Park Rd’s frontage and Road Reserve which may change the reinstatement requirements (i.e. revegetation).
The application is therefore recommended for refusal.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No OPW20/0033 for Operational Works – Drainage Works, Landscaping, Stormwater situated at 62 Park Rd Noosa Heads Qld 4567 and described as Lot 108 SP 184118, it is recommended
A.	the application be refused for the following reasons:
The proposed works in the Park Road reserve do not satisfactorily demonstrate compliance with Specific Outcome O4 of the Detached House Code.
The proposed works in the Park Road reserve do not comply with Specific Outcomes O8 and O10 of the Earthworks Code, as the earthworks are not contained within the subject property and are likely to adversely impact on the native vegetation.
The proposed works in the Park Road reserve do not satisfactorily demonstrate compliance with the Overall Outcome 14.127.2 b), c) and Specific Outcome O1 of the Existing Services Code, as the works adversely limit access to the infrastructure for maintenance purposes and no suitable methods are identified to achieve access without unduly increasing future maintenance costs.
The information submitted with the application is insufficient to determine if the proposed works comply with Specific Outcome O1 of the Water Sensitive Design Code, with the works having the potential to adversely impact on downstream ecosystems and infrastructure.
The proposed works in the Park Road reserve do not satisfactorily demonstrate compliance with Specific Outcomes O1, O2, O3, O4, O7, O22, 25 and O27 of the Landscape Code as:
5.1	the works are likely to adversely impact on existing large trees and native vegetation and result in impacts on the natural landscape character;
5.2	the works will not maximise the retention of large canopy trees, provide for suitable plant layouts and densities, and have not adopted appropriate planting techniques;
5.3	the proposed landscaping does not include plant species suitable for the area, has the potential to damage buildings and structures and is not all suitable to stabilise soils;
5.4	the proposed landscaping has extended the private open space onto public land and has not clearly defined by the boundaries between private and public spaces, and has created potential concealment spots;
5.5	the proposed landscaping has not maintained adequate safe distance from services and utilities and does not allow for maintenance or emergency access to service corridors and utilities.
B.	The owner be advised the following:
Energex have advised Council that the works have infringed on Energex’s assets and as a result the network is no longer safe to operate and access in an emergency situation has been impeded;
The works undertaken on the road reserve at Park Road must be rectified, in accordance with an Operational Works approval, so as to comply with Noosa Council’s planning scheme and both Energex’s and Unity Water’s requirements.
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.
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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62 Park Rd, NOOSA
HEADS QLD 4567


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