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Delegated Report - Code - Planning OPW23 0089 [As Published] · OPW23/0089
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Graduate Development Engineer, Daniel Epps
Development Assessment
APPLICATION DETAILS
Application No. OPW23/0089
Applicant APAC P/L TTE
Proposal Operational Works - Vehicle Crossover
Properly Made Date 15 June 2023
Information Request Date Not Applicable
Information Response Date Not Applicable
Decision Due Date 3 August 2023
Report Reviewed & Mark Lewis – 16 June 2023
Finalised By
PROPERTY DETAILS
Property Address 654 Cooroy Belli Creek Rd Black Mountain Qld 4563
RP Description Lot 2 RP 83801
Land Area 607030.00 m²
Existing Use of Land Residential
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production Area
Zone Rural
Precinct Not Applicable
Local Plan Area Not Applicable
Overlays Landslide, Bushfire
Assessment Type Code
1. PROPOSAL
The application seeks approval for an Operational Works - Vehicle Crossover.
The locality and proposal plan are included below.
Document Set ID: 22463154
Version: 2, Version Date: 16/06/2023
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Figure 1 – Locality
Figure 2 – Site Plan
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2. SITE DETAILS
2.1. Background
The application sets out to address the conditions of the higher order approval: MCU22/0199.
2.2. Site Description
The subject site has dual frontages to Lawnville and Cooroy Belli Creek Road. Each side of the lot
can only be accessed via each respective road.
The proposed location along Cooroy Belli Creek Road is constrained by the winding nature and
poor sight distance of the road.
3. ASSESSMENT
The proposed works was assessed as part of the higher order approval (MCU22/0199). The
proposal was found to achieve relevant compliances as part of Council’s initial assessment. Further
review of the submitted material was conducted to ensure compliances were met. Engineering
believes that the proposed application can achieve relevant compliances and recommends the
following conditions.
3.1. 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.
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Driveway and Parking Code;
• Earthworks Code;
• Transport Code; and
• Water Quality and Drainage Code.
The application has been found to generally comply with all applicable statutory instruments.
4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Internal Council Referrals
Not applicable
5. 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 OPW23/0089 for an Operational Works - Vehicle Crossover situated
at 654 Cooroy Belli Creek Rd Black Mountain Qld 4563 and described as Lot 2 RP 83801, it is
recommended the application be approved in accordance with the following details for the Decision
Notice:
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1. APPLICATION DETAILS
Application No: OPW23/0089
Street address: 654 Cooroy Belli Creek Rd Black Mountain Qld 4563
Real property description: Lot 2 RP 83801
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Approval for Operational Works - Vehicle Crossover
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
APPROVED PLANS
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
33002-DR1.1 . Driveway Re-Aligning Plan April 2023
Prepared by SCG Consulting
33002-DR1.2 . Driveway Revision Details April 2023
Prepared by SCG Consulting
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 16 June 2025, unless an application to extend the currency period is
approved by Council.
SITE SPECIFIC CONDITIONS
Bonds
3. A site control and/or compliance bond of $2,500 is to be submitted to Council prior to the pre-
start meeting. The pre-start meeting will only be held once Council's Construction
Engineering Officer has confirmation that the bond monies have been received by Council.
The bond will be refunded less any costs incurred by Council in ensuring compliance with
these conditions or any additional inspections incurred for substandard work or work
undertaken not in accordance with this permit.
4. Bonds must:
a. meet the requirements of council’s relevant Planning Scheme Policy for performance
and uncompleted works;
b. be lodged with Council and accompanied by the Bond Administration Fee/s; and
c. be requested for release by writing to Council, when relevant approval requirements
have been met.
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GENERAL CONDITIONS
Engineering
5. A condition report including photographs of the frontage of the site must be completed and
submitted to Council at the prestart meeting.
6. The principal contractor must have all the appropriate insurance and public liability
documentation to carry out the works. The principal contractor is also responsible to ensure
that any subcontractors also have the appropriate insurance and public liability
documentation. Certificates demonstrating currency of public liability insurance and works
insurance covering the works must be submitted to Council prior to the prestart meeting.
7. 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:
a. Civil engineering works.
8. A Construction Management Plan must be submitted to Council prior to the pre-start meeting
and must specifically address the following:
a. traffic Management during the construction phase;
b. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
c. provision for safe vehicle and pedestrian access across the frontage of the site both.
9. 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.
10. 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
11. The integrity and condition of any existing public or Council infrastructure and services
(above ground and/or underground) must not be adversely affected by the proposed works
12. 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.
13. All works must be constructed and work procedure undertaken in accordance with:
a. the approved plans/documents and conditions detailed in this Decision Notice;
b. The relevant conditions of the higher order Material Change of Use approval
MCU22/0199 to which this approval relates;
c. all relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines; and
d. 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.
Works within Road Reserves
14. No removal of street trees is permitted without Council’s prior written approval.
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15. Safe vehicle and pedestrian 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.
16. 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.
Driveways
17. Driveway crossovers must be constructed generally in accordance Council’s Standard
Drawings RS-056 and any associated addendum.
18. Any existing unnecessary or redundant property accesses must be removed, and the kerb,
footpath and verge area reinstated to match the existing footpath and/or verge treatments.
Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed
or turf, and must be maintained by the developer until established.
19. The following must be complied with during the construction of the required
crossover/driveway:
a. the driveway must be in accordance with the requirements of AS2890.1 Off-Street Car
Parking for longitudinal and crossfall gradients;
b. the driveway must be constructed so as to not concentrate or direct stormwater runoff
onto neighbouring properties;
c. underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway;
d. where there is an existing pedestrian path, a matching crossfall must be provided for
the driveway on the alignment of the path, for the full width of the path;
e. have a minimum clearance of 500mm from any Unitywater/Energex/Telstra asset,
unless a written approval is obtained from Unitywater/Energex/Telstra and submitted
to Council;
f. any stormwater kerb outlet in close proximity to the edge of the new driveway must be
provided with an approved kerb adaptor; and
g. any existing kerb sections requiring removal due to the works must be saw-cut and
removed to allow for a smooth and neat finish with the new driveway.
20. 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.
Stormwater Drainage
21. The constructed driveway must not cause additional ponding on the road formation or the
road reserve.
Environment (Erosion and Sediment Control)
22. 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.
23. The contractor must ensure non-essential exposure of soil is prevented by restricting the
extent of works and minimising the duration of soil exposure to adverse weather conditions.
Exposed areas must be suitably covered/stabilised/reinstated as soon as practicable and
prior to any predicted rainfall occurring.
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24. 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).
FOLLOWING CONSTRUCTION
25. 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.
26. All works (including crossover, driveway, stormwater drainage and channel stabilisation
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.
5. REFERRAL AGENCIES
Not applicable.
6. 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
1. As this driveway is a private structure, the owner bears full responsibly for the standard of its
construction, maintenance and any liabilities associated with its 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 standard drawing RS-056 and
any associated addendum.
2. 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.
3. 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.
4. 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 Inspections Request
5. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
It should be noted prior to arranging a pre-start meeting the Appeal Period of 20 business
days must have passed or the applicant must have provided Council with written confirmation
that the applicant has accepted the conditions of Decision Notice and waived their appeal
rights.
6. 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.
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Environmental Advisory Notes
7. 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
8. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
10. SUBMISSIONS
Not applicable.
11. 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.
12. 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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