Delegated Report - Code - Planning OPW19 0193

Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW19/0193
Applicant	Tru Built
Proposal	Operational Works - Vehicle Crossover
Properly Made Date	27 August 2019
Information Request Date	31 October 2019
Information Response Date	15 November 2019
Decision Due Date	9 January 2020
Report Completed Date	28 November 2019
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	91 Ewarts Rd Cooran Qld 4569
RP Description	Lot 61 M 371155
Land Area	644030.00 m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Locality	Cooran
Zone	Rural
Overlays	Biodiversity (Environmental Protection, Environmental Enhancement) Natural Hazard (Bushfire, Slide Hazard)
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works – Earthworks & Vehicle Crossovers.
site details
Background
The works are required to provide the vehicle access from the road formation to the proposed dwelling and garaging.
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
Natural Hazards and Natural Resources Overlay Code
The application has been found to generally comply with all applicable statutory instruments.
draft planning scheme
The works generally comply with the draft scheme.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
Comments
In order to address the site specific issues the applicant has submitted:
a “Slope Risk Assessment Report” prepared by GA Geotechnical,
engineering design for the access including the site lines, and
certification of the design of the access driveway
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 OPW19/0193 for Operational Works – Earthworks and Vehicle Crossovers situated at 91 Ewarts Rd Cooran Qld 4569 and described as Lot 61 M371155, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW19/0193
Street address:	91 Ewarts Rd Cooran Qld 4569
Real property description:	Lot 61 M 371155
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 and Vehicle Crossovers
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
2537-01	02	Driveway Plan prepared by AAA Design and Development Pty Ltd	11 November 2019
2537-02	02	Driveway Coordinates and Elevations Joints Locations prepared by AAA Design and Development Pty Ltd	11 November 2019
2537-07		Sight Distance prepared by AAA Design and Development Pty Ltd	11 November 2019
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 28 November 2021, unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITIONS
All works (civil works and earthworks) must be carried out in accordance with the recommendations contained in the “Slope Risk Assessment Report” reference GAG16011, Leontakianakos-R-001 prepared by GA Geotechnical dated 26 May 2019 and the email from GA Geotechnical to TruBuilt dated 5 November 2019.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5000 must be submitted to Council, to secure performance of all conditions of this approval, prior to pre-start meeting. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
All necessary approvals from external service providers (eg Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
Copies of the approved plans, duly signed by the consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer Construction at the “pre start” meeting
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to 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 6500. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Erosion and sediment control works;
Other relevant parties
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
Maintenance of safe access across the frontage of the site both during daily construction and after daily construction has ceased
Proposed fencing to the site during the construction phase of the development
Adequate parking arrangements for construction workers
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures
Works programme identifying key components of the works and their respective durations
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
For haulage operations involving significant volumes of fill material or excavated material being transported onto or off the site: details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.  NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
Engineering
The developer must meet any costs to repair damage to any Council 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. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
All works must be supervised 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.
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, standard drawings, standard specifications and guidelines
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site
Pavement Design and Construction
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve/Reinstatement
Safe access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
All works must match neatly with existing road and verge/footpath features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Site Access and Driveways
Driveway crossovers must be constructed generally in accordance with Council’s Standard Drawing RS-056
Any existing unnecessary or redundant property accesses must be removed, and the verge area reinstated to match the adjoining areas.
The following must be complied with during the construction of the required crossovers/driveways:
The driveway surfacing in the road reserve must consist of compacted gravel or other suitable material.
The driveways must be constructed so as not to concentrate stormwater runoff onto neighbouring properties
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater drainage 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).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Prior to the completion of the development, 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.
Environment
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
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 (refer to advisory notes).
Prior to the completion of the development, 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.
Limit soil exposure on the site to a distance of no more than 2m beyond the extent of earthworks shown on the approved plans except where the exposed soil is effectively stabilised without delay and prior to rainfall occurring.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
FOLLOWING CONSTRUCTION
Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
Bonds
Bonds must:
meet the requirements of Council’s relevant Planning Scheme Policy for performance and uncompleted works.
be requested for release by writing to Council, when relevant approval requirements have been met.
A final inspection and approval of the new driveway and completed reinstatement works by Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the inspection.
referral agencies
Not applicable.
REFERRENCED DOCUMENTS
Reference No.	Rev.	Plan/Document Name	Date
GAG16011, Leontakianakos-R-001		Slope Risk Assessment Report prepared by GA Geotechnical	26 May 2019
		Email from GA Geotechnical to TruBuilt dated 5 November 2019.	
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
As this works are private structures, the owner bears full responsibly for the standard of their construction, maintenance and any liabilities associated with their construction. It is recommended that professional advice be sought for the construction of the driveway to ensure that the driveway is constructed in accordance with the relevant standards.
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.
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6500 to arrange a prestart or an 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.
Erosion and Sediment Control
Accepted best practice standards include:
the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2 or other superseding document subsequently adopted by Council;
Best Practice Erosion and Sediment Control, International Erosion Control Association (2008)
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the completion of the works:
Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual; and
Stormwater runoff from the site is not currently, and is not likely to result in visible evidence of sedimentation or erosion, or lead to water contamination.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
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