Minor Change Report OPW22 0104.02

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW22/0104.02
Development Approval	Development Permit for Operational Works – Drainage Works, Earthworks, Electrical and Street Lighting, Roadworks, Stormwater
Applicant	JNE Developments P/L
Request Received On	18 October 2022
Report Reviewed By	Daniel Epps
Decision Due Date	5 January 2023

PROPERTY DETAILS
Property Address	25 Pavilion St Pomona Qld 4568
RP Description	Lot 21 SP 316902
Land Area	2.99ha
Existing Use of Land	Vacant (civil works under construction)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential and Rural
Precinct	Not applicable
Local Area Plan	Not applicable
Overlays	Biodiversity, Bushfire, Flooding
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval for Operational Works – Drainage Works, Earthworks, Electrical and Street Lighting, Roadworks, Stormwater
The locality and proposal plan are included below.

Figure 1 – Locality

background
A development approval for Operational Works – Drainage Works, Earthworks, Electrical and Street Lighting, Roadworks, Stormwater was approved on 3 June 2022. The applicant applied to change the approval and a subsequent refusal was issued on 7 July 2022.
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
The Noosa Plan 2020.
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new matters prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
Works Codes;
Assessment
The applicant has not specifically identified all of the conditions which are requested to be changed and has submitted the following reasoning for the changes:
We refer to Council’s Decision Notice for the above Operational Works and subsequent discussions/emails regarding condition 3 requiring the submission of revised plans to add a “cut-off“ drain in lots 1 and 9 to capture run off from the adjoining properties and the use of Enviropipe in lieu of RCP’s.
Please find attached the following amended drawings submitted to address condition 3 and formalise approval of the use of Enviropipe:
• 21556 – C001 [F], C100 [D], C200 [D], C201 [C], C301 [C]
• As per our discussions and agreed the cut off drains in lot 1 and 9 are to be replaced with temporary drainage berms on the higher lots in the development to direct run off to the road prior to the construction of new dwellings.
• The use of Enviropipe has also been agreed in principle due to the current uncertainty with the supply of RCP’s (circa 40 weeks lead time).
• We have also included a minor amendment to the earthworks drawing due to the presence of excess topsoil on the site. Following discussions with the geotechnical engineer it has been agreed that excess topsoil can be “lost” in the batters of the site without impacting on the level 1 certification for the building envelopes. Note that the building pad area for lot 10 has also been reduced in length by 5m to facilitate this change.
The reshaping of the finished surfaces to address overland flows until such time as the lots are further developed is generally acceptable
The issue of the use of alternate pipe types required comment from Council’s Infrastructure section (design and assets). The potential delays in providing the standard pipe types was well known and at the time of the submission of the subject change Council was in the early stages of preparation of a policy for the use of alternate pipe types. At the time of writing this report the policy was still only in draft stage but the relevant sections have provided support for the change subject to the inclusion of additional conditions that reflect the draft policy.
Condition 1
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
21556-C100	C	Earthworks Plan and Erosion and Sediment Control Prepared by TOD Consulting (as annotated in red by Council)	25/05/2022
21556-C200	B	Roadworks and Drainage Plan Sheet 1 of 2 Prepared by TOD Consulting	25/05/2022
21556-C201	B	Roadworks and Drainage Plan Sheet 2 of 2 Prepared by TOD Consulting (as annotated in red by Council)	25/05/2022
21556-C202	B	Road Longitudinal Section, Typical Sections and Details Prepared by TOD Consulting (as annotated in red by Council)	25/05/2022
21556-C203	B	Road Cross Sections Sheet 1 of 2 Prepared by TOD Consulting	25/05/2022
21556-C204	B	Road Cross Sections Sheet 2 of 2 Prepared by TOD Consulting	25/05/2022
21556-C300	B	Stormwater Drainage Detention/Bioretention Basin Details Prepared by TOD Consulting	25/05/2022
21556-C301	B	Stormwater Drainage Longitudinal Section Prepared by TOD Consulting	22/04/2022
221308 (Sheet 1 of 3)	A	Locality Plan, Notes, Legend & Street Light Compliance Prepared by Ampflo	10/05/2022
221308 (Sheet 2 of 3)	A	Electrical Reticulation, LV Schematic Labels & Commissioning Plan Prepared by Ampflo	10/05/2022
221308 (Sheet 3 of 3)	A	Schedules Prepared by Ampflo	10/05/2022
221308	A	National Broadband Network Prepared by Ampflo	10/05/2022

Applicant’s Request
The applicant requests that Council approve the amended plans
Assessment of Request
The amended plans are considered acceptable, and it is recommended that the condition be amended to read as follows:
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
21556-C100	D	Earthworks Plan and Erosion and Sediment Control Prepared by TOD Consulting (as annotated in red by Council)	17/10/2022
21556-C200	D	Roadworks and Drainage Plan Sheet 1 of 2 Prepared by TOD Consulting	17/10/2022
21556-C201	C	Roadworks and Drainage Plan Sheet 2 of 2 Prepared by TOD Consulting (as annotated in red by Council)	17/10/2022
21556-C202	B	Road Longitudinal Section, Typical Sections and Details Prepared by TOD Consulting (as annotated in red by Council)	25/05/2022
21556-C203	B	Road Cross Sections Sheet 1 of 2 Prepared by TOD Consulting	25/05/2022
21556-C204	B	Road Cross Sections Sheet 2 of 2 Prepared by TOD Consulting	25/05/2022
21556-C300	B	Stormwater Drainage Detention/Bioretention Basin Details Prepared by TOD Consulting	25/05/2022
21556-C301	C	Stormwater Drainage Longitudinal Section Prepared by TOD Consulting	17/10/2022
221308 (Sheet 1 of 3)	A	Locality Plan, Notes, Legend & Street Light Compliance Prepared by Ampflo	10/05/2022
221308 (Sheet 2 of 3)	A	Electrical Reticulation, LV Schematic Labels & Commissioning Plan Prepared by Ampflo	10/05/2022
221308 (Sheet 3 of 3)	A	Schedules Prepared by Ampflo	10/05/2022
221308	A	National Broadband Network Prepared by Ampflo	10/05/2022

Condition 3
Provide amended plan 21556-C201:”Roadworks and Drainage Plan Sheet 2 of 2”, prepared by TOD Consulting, which includes cut-off drains/bunds at the eastern interface of Lots 1 and 9 to intercept runoff from external properties, including registration of drainage easements over these drains in favour of the upslope properties. The drains/bunds are to be designed to convey the 1%AEP flow from the upstream catchment and are to discharge into a pit connecting to either kerb adaptors to the internal road or the underground stormwater drainage system
Applicant’s Request
As the amended design addresses the issues raised in Condition 3 it is now redundant
Assessment of Request
As the amended design is acceptable it is considered that Condition 3 is redundant and can be deleted.

Condition 56
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to plan sealing. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
certification that all works have been undertaken and completed in accordance with the requirements of this Permit;
as Constructed details in accordance with Council’s Planning Scheme Policy;
maintenance and operational manuals for all proprietary or site specific devices
Applicant’s Request
The applicant does not mention any changes to this condition.
Assessment of Request
As the request includes a change to the pipe type it is necessary to change the condition to reflect the changed maintenance periods as described in the draft Council policy. It is recommended that the condition be reworded to read as follows:
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy and the draft departmental guideline for the use of polypropylene pipe and high density polyethylene pipe for stormwater prior to plan sealing. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
certification that all works have been undertaken and completed in accordance with the requirements of this Permit;
as Constructed details in accordance with Council’s Planning Scheme Policy;
maintenance and operational manuals for all proprietary or site specific devices
a 12 month minimum maintenance period for civil works that would not be impacted by a failure of the alternate poly pipe types
a 5 year minimum maintenance period for civil works that would be impacted by a failure of the alternate poly pipe types. Please note that the works “impacted” includes the road formation, paths etc that have poly pipes below

cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Infrastructure (design, civil operations and assets)
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. OPW22/0104.02, to make a minor change to an existing approval for Operational Works – Drainage Works, Earthworks, Electrical and Street Lighting, Roadworks, Stormwater situated at 25 Pavilion St Pomona Qld 4568  described as Lot 21 SP 316902, Council on 4 January 2023 decided to:
A.	Approve the change.
B.	Amend condition 1 to read as follows:
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
21556-C100	D	Earthworks Plan and Erosion and Sediment Control Prepared by TOD Consulting (as annotated in red by Council)	17/10/2022
21556-C200	D	Roadworks and Drainage Plan Sheet 1 of 2 Prepared by TOD Consulting	17/10/2022
21556-C201	C	Roadworks and Drainage Plan Sheet 2 of 2 Prepared by TOD Consulting (as annotated in red by Council)	17/10/2022
21556-C202	B	Road Longitudinal Section, Typical Sections and Details Prepared by TOD Consulting (as annotated in red by Council)	25/05/2022
21556-C203	B	Road Cross Sections Sheet 1 of 2 Prepared by TOD Consulting	25/05/2022
21556-C204	B	Road Cross Sections Sheet 2 of 2 Prepared by TOD Consulting	25/05/2022
21556-C300	B	Stormwater Drainage Detention/Bioretention Basin Details Prepared by TOD Consulting	25/05/2022
21556-C301	C	Stormwater Drainage Longitudinal Section Prepared by TOD Consulting	17/10/2022
221308 (Sheet 1 of 3)	A	Locality Plan, Notes, Legend & Street Light Compliance Prepared by Ampflo	10/05/2022
221308 (Sheet 2 of 3)	A	Electrical Reticulation, LV Schematic Labels & Commissioning Plan Prepared by Ampflo	10/05/2022
221308 (Sheet 3 of 3)	A	Schedules Prepared by Ampflo	10/05/2022
221308	A	National Broadband Network Prepared by Ampflo	10/05/2022
C.	Delete condition 3.
D.	Amend condition 56 to read as follows:
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy and the draft departmental guideline for the use of polypropylene pipe and high density polyethylene pipe for stormwater prior to plan sealing. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
certification that all works have been undertaken and completed in accordance with the requirements of this Permit;
as Constructed details in accordance with Council’s Planning Scheme Policy;
maintenance and operational manuals for all proprietary or site specific devices
a 12 month minimum maintenance period for civil works that would not be impacted by a failure of the alternate poly pipe types
a 5 year minimum maintenance period for civil works that would be impacted by a failure of the alternate poly pipe types. Please note that the works “impacted” includes the road formation, paths etc that have poly pipes below

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