Delegated Report - Code - Planning OPW22 0174

Author	Senior Environmental Officer, Amanda Turner
Development Assessment

APPLICATION DETAILS
Application No.	OPW22/0174
Applicant	Telstra Corporation Limited
Proposal	Operational Works - Landscaping
Properly Made Date	6 July 2022
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	20/09/2022
Report Completed Date	01 August 2022
Report Reviewed By	Mark Lewis

PROPERTY DETAILS
Property Address	25 Railway Pde Pomona Qld 4568
RP Description	Lot 1 RP 147703
Land Area	2537 m²
Existing Use of Land	Telecommunication Facility – Telstra Exchange

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Pomona
Overlays	Bushfire Hazard – Potential Impact Buffer
Assessment Type	Code
PROPOSAL
The application seeks approval for an Operational Works – Landscaping following an MCU application approval for a satellite dish and associated ancillary items.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Layout Plan

Figure 3 – Landscaping Plan

site details
Background
The Telstra Exchange site is an existing telecommunication facility. A higher order Material Change of Use of Premises (telecommunication facility) (MCU) MCU21/0151 was approved 19 May 2022 to install a 1.8m satellite dish. Conditions were included regarding retention of vegetation and landscaping.
Site Description
An existing telecommunication facility that includes a number of small buildings and telecommunication infrastructure.
Surrounding Land Uses
Surrounding land uses is low density residential.
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:
Landscaping Works Codes;
The subject site is located in Pomona and is zoned Low Density Residential. The proposed use is identified as an inconsistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
The approved MCU application determined the use is minor in nature and co-located with existing infrastructure. Landscaping conditions were included within the MCU to ensure the site is well landscaped and screens the infrastructure from the surrounding residences and road users. Applicable MCU conditions include:
Vegetation Retention
Existing trees on the site must be retained, except where required to be removed to accommodate the approved use.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Landscaping Works
The development site must be landscaped generally in accordance with the approved plans and include additional landscaping to enhance the amenity of the site.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan and Planning Scheme Policy PSP2 - Landscaping for the Pomona area and must include in particular:
the works shown on the approved Landscape Concept Plan, and in addition include the following:
1 x 45L pot size street tree per 8m of road frontage (minimum 7 trees);
ii.	Screen planting (minimum 20L pot size) along side boundaries planted at maximum 3 metre centres with a maximum 3 metre height at maturity; and
iii.	Screen planting (minimum 20L pot size) planted at maximum 3 metre centres with a maximum 3 metre height at maturity that screens buildings and structures visible from the street (exclusive of access driveways). Planting must be as close to the buildings and infrastructure as practicable for maximum screening.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
The site must be regularly maintained at all times with all landscape works maintained generally in accordance with the approved design for the life of the development.
The proposed OPW landscape plans provided includes 9 street trees to screen the site from the road (MCU condition 15(a)(i)). Within the site, screening planting has been included along the two boundaries against neighbouring properties (MCU condition 15(a)(ii)) and a large amount of internal vegetation screening has been proposed (MCU condition 15(a)(iii)). In addition lower species have been included in various locations which will further improve the screening capabilities. Species selection is appropriate and will provide suitable height and density for screening.
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. OPW22/0174 for an Operational Works - Landscaping situated at 25 Railway Pde Pomona Qld 4568 and described as Lot 1 RP 147703, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW22/0174
Street address:	25 Railway Pde Pomona Qld 4568
Real property description:	Lot 1 RP 147703
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Landscaping
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
501-PL	B	Landscape Concept Plan prepared by Urbis	09/06/2022
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 01 August 2024, unless an application to extend the currency period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Bonds
A Performance Bond of $2000.00 must be lodged for:
Streetscape Landscape.
DURING CONSTRUCTION
General
Where damage occurs to any Council asset as a result of the development works, it must be repaired immediately where it creates a hazard that presents risk to person or property. Other damage must be repaired prior to completion of works.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
The relevant conditions of the higher order Material Change of Use approval viz. MCU21/0151 to which this approval relates.
All relevant Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
The latest version of Water Sensitive Urban Design Technical Design Guidelines for South East Queensland (Healthy Waterways) for all water quality devices to be constructed on site.
Landscaping Works
Landscape works must be supervised, undertaken and certified by qualified persons*. All works must be completed in accordance with this Decision Notice.
(* Refer to Advisory Note)
Landscape works must:
Be in accordance with the approved Landscape Concept Plan within this Decision Notice.
Ensure signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled.
*(Refer to Advisory Notes)
Public amenity trees* must:
Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC).
Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines.
Be located from services and infrastructure a minimum of:
6m from electricity poles and pillars.
4m from street lighting.
2m from stormwater catchment pits.
2m from any adjoining driveway.
*(Refer to Advisory Note)
Turfed areas must be must be free of pest, diseases and weeds and level with adjoining surfaces.
FOLLOWING CONSTRUCTION
Supervision/Certification
Prior to commencement of use the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification confirming all works have been constructed in accordance with conditions of approval.
NATSPEC certification (Specifying Trees: a guide to assessment of tree quality addressing each specimen).
(* Refer to Advisory Note)
On Maintenance
Maintenance periods* must be:
12 months for Streetscape Landscape.
*(Refer to Advisory Note)
Prior to requesting an On Maintenance inspection the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification.
Specifying Trees: a guide to assessment of tree quality (NATSPEC) certification (addressing each specimen).
Off Maintenance
Prior to requesting an Off Maintenance inspection the following must be provided:
Written request of bond release.
Off Maintenance Inspection must be requested:
By contacting Council.*
Only after lodgement of all required certification and documentation.
Only after all works are confirmed in good order including:
Rectifying any damaged grassed areas.
Topdressing to grassed areas.
Remulching, fertilising and aeration of garden areas.
Replacement of plant material.
Removal of plant material impeding regulation sightlines.
*(Refer to Advisory Note)
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:
On and Off Maintenance, Rehabilitation Inspections Request
Contact Council on 5329 6500 to arrange an inspection giving a minimum of five business days’ notice of preferred inspection time.
Retention of Existing Trees
The existing trees on adjoining properties must be retained and protected during construction wherever achievable. To avoid doubt, this advisory note is not intended to exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following construction of the development which is the subject of this development approval.
Qualified Person
Qualified Person, for the purpose of:
Supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three years current experience in the field of landscape design.
Landscape Works
The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges Register where:
An inspection revealed that any landscape works do not comply with the conditions of the Decision Notice, Approved Plans and or Approved Documents
Certification is submitted to Council falsely stating that works comply with the approved plans, documents and or conditions of the Decision Notice.
Public amenity trees are defined as any tree located within public streets, parks or areas that will become publically owned as a result of this development.
On Maintenance
Request for On Maintenance is the responsibility of the developer.  No credit will be given due to failure to request inspection.  Maintenance works are the responsibility of the developer and must include regular inspections, repairs, rectifications and establishment. A single maintenance run immediately prior to inspection is not acceptable.
Off Maintenance
A re-inspection fee in accordance with Councils Fees and Charge Register will be charged where:
A Council inspection reveals works do not comply with approval requirements.
Submitted certification falsely states works comply with approval 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.
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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LANDSCAPE CONCEPT PLAN