Negotiated Decision Notice OPW13-0022

Officer:	Monkeith Kadhum
Direct Telephone:	07 5329 6293
Fax:	07 5329 6501
Our Reference:	OPW13/0022
Your Reference:	242001

25 February 2014

Callaghan & Toth Consulting Engineers Pty Ltd
PO Box 2305
NOOSA HEADS  QLD  4567

Dear Sir/Madam

Negotiated Decision Notice
Sustainable Planning Act 2009

I refer to your application and the representations you made in respect to the decision notice. On 25 February 2014 Council decided your representations.

Details of the decision are as follows:

1.	APPLICATION DETAILS

Application No:	OPW13/0022
Street Address:	411 Black Pinch Road, Cootharaba
Real Property Description:	Lot 2 RP 206068
Planning Scheme:	The Noosa Plan (8 August 2011)

2.	DECISION DETAILS

The following type of approval has been issued:
Development Permit for Operational Work (Engineering Works - Roadworks and Earthworks).

In relation to representations, Council on 25 February 2014 decided to:
Agree to change Condition 18.

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is two (2) years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS

General
Prior to requesting a Prestart Meeting:
Tree protection fencing must be installed to protect existing trees and vegetation near the construction activity.
Erosion and sediment control measures must be installed.

A condition and photographic report of the work site/s particularly the existing access to the adjoining property at 424 Black Pinch Road and associated gates, mailbox and fences.  The report must be completed and submitted prior or at the Prestart Meeting.

The applicant must ensure the access to No 424 Black Pinch Road is reinstated and stabilised to predevelopment or improved conditions including any necessary works to reinstate the existing gate, mailbox and affected fences to a different locations.

Council must be contacted at least five (5) working days prior to any works commencing to organise a joint Prestart Meeting.  The Prestart Meeting must include the relevant parties for the following aspects of the works:
Civil engineering works, including the principal contractor and consulting engineer;
Revegetation protection and landscape works;
Earthworks and Water quality.

At least five (5) working days prior to any works commencing, written advice must be provided to Council detailing:
The name, contact details and ACN for the supervising Registered Professional Engineer of Queensland (RPEQ) and Principal Contractor;
Proposed dates for commencement of construction works;
Certificates demonstrating currency of public liability insurance and works insurance covering the works in line with relevant and applicable government legislations.
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to Council in writing within five (5) business days of the change occurring.

A Construction Management Plan or Strategy must be submitted to Council prior to the Prestart 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 particularly to maintain safe access through Black Pinch Road during the construction of the proposed passing bays along Black Pinch Road;
Maintenance of safe vehicular access at all times to the adjoining property at 424 Black Pinch Road.
Procedures and measures to minimise adverse environmental impact on other properties and roads users including noise and dust emission;
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures;
Establishment of a communication protocol with the owners adjoining and any affected properties and emergency and municipal services to minimise impacts on traffic and services and other relevant issues during construction;
Identification of complaint management procedures including:
Contact details for the on-site manager;
Dispute resolution procedures.

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 and relevant engineering standards.

Any conflict between the development works and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.

Any required alteration or upgrading of existing utilities (eg. Telstra pit) shall be at no cost to Council and in accordance with the requirement of the relevant service provider.

The developer must meet any costs to repair damage to any Council or public 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 constructed and work procedure undertaken in accordance with:
The approved plans and conditions detailed in this Decision Notice;
The relevant conditions of the higher order Reconfiguration of Lot approval file 152008.750 to which this approval relates;
All relevant Council’s Planning Scheme Policies, standard drawings, standard specifications and guidelines of The Noosa Plan, particularly PSP 5 – Engineering Design Standards – Roads, Drainage and Earthworks;
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;
Provision of the Work Health and Safety Act and such other legislation as is applicable to workplace health and safety.

Earthworks and Geotechnical Engineer Certification
All earthworks, internal and external to the subject property, must be undertaken in accordance with the provisions of AS 3798 “Guidelines on Earthworks for Commercial and Residential Developments”. with geotechnical testing undertaken in accordance with Section 8 of the standard and to a minimum of Level 1 as defined in Appendix B.  Test results as required by AS 3798 and a Certificate of Quality and Uniformity of Fill shall be provided by a RPEQ and submitted to Council prior to Council signing the Plan of Survey.

Slope requirements and batter stability and safety treatments are, a maximum grade of:
1 in 4 for grassed areas;
1 in 3 for planted areas;
1 in 2 for combined structural engineering and planting solutions.

All retaining walls and retaining methods associated with the access driveway, roadworks and house site pad on Lot 1 shall be supervised and certified by a suitably qualified and experienced professional registered engineer.

Fall protection must be provided along any retaining walls that are over 1 m high.

Access Driveway, Roadworks and Pavement
The access driveway to the house site on proposed Lot 1 shall be constructed generally in accordance with approved plan, must be in compliance with Condition 18 of the higher order approval REC 2008/750 (File: 152008.750) and shall include sealing of any section of the driveway shared with any adjoining private property.

The pavement design and construction, for the driveway and external roadworks, must be certified by an RPEQ.  The structural integrity of the private driveway will remain the responsibility of the property owner

Telecommunications conduits to house site on proposed Lot 1 shall be provided in accordance with the requirements of the relevant service provider.

Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.

Works associated with this permit must not adversely impact on the exiting drainage conditions on other properties or the road reserve (eg by blocking or interfering with natural overland flows).

Vegetation Protection and Rehabilitation
All tree and vegetation removal works must be undertaken in a manner that ensures no harm to animals.

Prior to clearing, all trees are to be checked for wildlife (i.e. koalas, possums, birds etc.).  If wildlife is present, the tree must not be felled until the wildlife has left the tree or removed by a person authorised under the Nature Conservation Act.

Vegetation clearing must be undertaken in an environmentally sensitive manner to avoid damaging surrounding vegetation, trees and habitat.  Cleared vegetation is to be processed by one of the following methods:
Processing through a wood-chipper;
Used for landscaping purposes in the day to day landscape operations associated with the property;
Removed to a Council approved green waste collection area.

All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.

Ten (10) native tubestock plants must to be planted within the lot and maintained in good health for the normal duration of the selected species.  The species are to consist of local native species suitable for the area, but are to exclude pioneer species such as Acacia.

Rehabilitation and stabilisation of the cleared areas must be undertaken immediately following completion of the earthworks.

Erosion and Sediment Control
Erosion and sediment control measures are required to be installed and maintained such that Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) are not released from the site, or likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and level of contamination.

Erosion and sediment control measures must be designed and installed for all works areas including open trenches and disturbed areas in accordance with Council’s standards for Erosion and Sediment Control and the supervising engineer instructions.  The control measures must be maintained until the site is effectively stabilised using methods which will continue to achieve effective stabilisation in the medium to long-term.  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 reasonable measures must be implemented to prevent sediment from the works site entering stormwater drains or watercourses.

5.	APPROVED PLANS

The following plans are Approved plans for the development:
Approved Plans
Plan No.	Rev.	Plan Name	Date
1314-01	-	Site and Passing Bay Plan, prepared by Callaghan & Toth	August 2013
1314-02	-	House Site and Earthworks Plan, prepared by Callaghan & Toth	August 2013
242001-001	-	Roadworks Plan and Longitudinal Section, prepared Cardno (Qld)	23/03/2012
242001-002	-	Driveway Cross Sections, prepared Cardno (Qld)	23/03/2012

6.	REFERENCED DOCUMENTS

The following documents are referenced in the assessment manager conditions:
Development Permit Approval for Lot Reconfiguration File: 152008.750.
Document No.	Rev.	Document Name	Date
10360ds.12	-	Slope Stability Assessment, prepared by Cardno Bowler (David Stirling)	06/03/2012

7.	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

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.

A minimum maintenance period of 12 months will apply to all municipal works and thereafter until such time as the works are performing in accordance with applicable standards.  Bond will be released upon the end of the maintenance period unless approved otherwise.

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.

Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that:  “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage.”   It is an offence to fail to comply with the duty of care.  Substantial monetary penalties may apply to individuals or corporations breaching this duty of care.  Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on (07) 3239 3647 to discuss any obligations under the ACH Act.

8.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.  (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009).

9.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

DECISION NOTICE HISTORY Original Decision Notice 12 December 2013 Negotiated Decision Notice (14 February 2014), with an amendment to Condition 18

Yours faithfully

mark lewis
senior engineering officer

Enc:	Appeal Rights

cc:	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

[word/footer1.xml]
PD-DA-FM387/1-13/04/2010	Page 10 of 8

[word/footer2.xml]
Page 1 of 8

[word/footer3.xml]
Page 7 of 8

[word/footer4.xml]
PD-DA-FM387/1-13/04/2010	Page 1 of 8

[word/header2.xml]
OPW13/0022

[Attachment: image4.png (image text)]
 
 
 

 
 
 

a
mm

  

NOOSA
COUNCIL