Delegated Report - Code - Planning OPW21 0293

Author	Development Engineer, Diogo Carrico
Development Assessment

APPLICATION DETAILS
Application No.	OPW21/0293
Applicant	Bax Engineering Pty Ltd
Proposal	Operational Works - Earthworks
Properly Made Date	28 October 2021
Information Request Date	8 November 2021
Information Response Date	9 November 2021
Decision Due Date	24 December 2021
Report Completed Date	11 November 2021
Report Reviewed By	Mark Lewis

PROPERTY DETAILS
Property Address	203 Sankeys Rd Cooran Qld 4569
RP Description	Lot 31 SP 156383
Land Area	106100 m²
Existing Use of Land	Rural Residential

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Biodiversity; Riparian; Landslide; Agricultural Land; Bushfire; Regional Infrastructure Overlay (Water)
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works – Earthworks.
The locality and proposal plan are included below.
Figure 1 – Site Plan
site details
Background
The subject application seeks a retrospective approval for earthworks undertaken on the subject property. It follows on compliance action relating to conducting operational works (earthworks) without a development approval – refer to COM21/0421.
The cut/fill earthworks were undertaken to level an area to for the construction of a horse arena.
The site is mapped Landslide Hazard and a slope stability assessment report has been provided.
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:
Works Earthworks Code;
Water Quality and Drainage 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 OPW21/0293 for Operational Works – Earthworks situated at 203 Sankeys Rd Cooran Qld 4569 and described as Lot 31 SP 156383, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW21/0293
Street address:	203 Sankeys Rd Cooran Qld 4569
Real property description:	Lot 31 SP 156383
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
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 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
167-001-002	A	General Notes Prepared by BAX Engineering	29/09/2021
167-001-200	A	Earthworks Layout Plan Prepared by BAX Engineering	29/09/2021
167-001-210		Earthworks Sections Prepared by BAX Engineering	29/09/2021
SITE SPECIFIC CONDITIONS
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties including road reserve (e.g. by blocking or interfering with natural overland flows).
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 (refer to E&SC Advisory Notes). 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.
All works must be inspected by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
FOLLOWING CONSTRUCTION
Certification
A certificate must be issued by an RPEQ certifying that:
the works have been constructed in accordance with the Operational Works permit;
the works have been constructed in accordance with the recommendations of Tectonic’s slope stability assessment report No. 21328-001-Rev1, dated 13 September 2021;
all site surfaces have been 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.
Final Inspection
A final inspection and approval of the works by Council’s Inspector is required. 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, as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
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.
The owner bears full responsibly for the standard of the earthworks, maintenance and any liabilities associated with its construction.
Final Inspection Request
Contact Council on 5329 6500 to arrange a final inspection giving a minimum of 5 business days’ notice of preferred inspection time.
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.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
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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