Delegated Report - Code - Planning OPW21 0272

Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW21/0272
Applicant	Deluca Charitable Foundation Limited
Proposal	Operational Works - Carparking, Drainage Works, Earthworks, Roadworks
Properly Made Date	23 September 2021
Information Request Date	22 October 2021
Information Response Date	30 March 2022
Decision Due Date	31 January 2023
Report Completed Date	12 January 2023
Report Reviewed By	Daniel Epps

PROPERTY DETAILS
Property Address	Reservoir 32 Viewland Dr Noosa Heads Qld 4567
RP Description	Lot 1 RP 226728
Land Area	8903.0000 m²
Existing Use of Land	Unitywater (Reservoir) and vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Community Facilities
Precinct	Not Applicable
Local Plan Area	Noosa Heads
Overlays	Bushfire, Regional Infrastructure (water)
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works - Carparking, Drainage Works, Earthworks, Roadworks.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Site details
Background
The works are required to address conditions of the associated higher order approval – MCU20/0128
Site Description
The development site is the western portion of the Unitywater reservoir property.
Surrounding Land Uses
The property adjoins residential properties on the south and west and the reservoir to the east.
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 Codes;
Landscaping Code
The application has been found to generally comply with all applicable statutory instruments.
There are some concerns with the impacts of construction traffic on the local area. Viewland Drive is a heavily used road and at times has limited on-street parking available. The subject development area covers most of the western part of the site and the eastern part is constrained by the adjacent reservoir. There is limited opportunity for the expected numerous construction staff to park on site. A condition has been included in the recommendation for the construction parking to not occur on Viewland Drive with staff either parked on site or at an off-site location and bused in.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Senior Environment Officer
Design section
Other Referrals
The application was forwarded to the following external experts for review and/or comment:
External Stormwater Consultant
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 OPW21/0272 for Operational Works - Carparking, Drainage Works, Earthworks, Roadworks situated at Reservoir 32 Viewland Dr Noosa Heads Qld 4567 and described as Lot 1 RP 226728, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW21/0272
Street address:	Reservoir 32 Viewland Dr Noosa Heads Qld 4567
Real property description:	Lot 1 RP 226728
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Carparking, Drainage Works, Earthworks, Roadworks
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
Q20-004-C05	3	Earthwork Plan prepared by Neil McKenzie & Associates Pty Ltd	7 December 2021
Q20-004-C06	3	Earthwork Sections prepared by Neil McKenzie & Associates Pty Ltd	29 November 2021
Q20-004-C06.1	1	Earthwork Structural Retaining Wall Details prepared by Neil McKenzie & Associates Pty Ltd	29 November 2021
Q20-004-C01	8	Stormwater Drainage Layout Plan prepared by Neil McKenzie & Associates Pty Ltd As Amended by Conditions herein	26 September 2022
Q20-004-C01.1	7	Stormwater Drainage Line 1 & Line 2 Long Sect prepared by Neil McKenzie & Associates Pty Ltd	30 March 2022
Q20-004-C02	4	Stormwater Drainage Long Section prepared by Neil McKenzie & Associates Pty Ltd	30 March 2022
Q20-004-C07	1	Street Parking Bay Layout Plan prepared by Neil McKenzie & Associates Pty Ltd	14 September 2021
Q20-004-C10	4	Carpark Layout Plan prepared by Neil McKenzie & Associates Pty Ltd	7 December 2021
			
001	F	Project Details prepared by Form Landscape Architects	3 February 2022
002	A	Proposed Stage Plan prepared by Form Landscape Architects	9 September 2021
201	I	Surface Treatment Plan Ground Level prepared by Form Landscape Architects	3 February 2022
202	H	Surface Treatment Plan Ground Level prepared by Form Landscape Architects	3 February 2022
501	A	Tree Works Ground Level prepared by Form Landscape Architects	6 December 2021
502	A	Tree Works Ground Level prepared by Form Landscape Architects	6 December 2021
601	G	Planting Plan Ground Level prepared by Form Landscape Architects	3 February 2022
602	G	Planting Plan Ground Level prepared by Form Landscape Architects	3 February 2022
801	D	Details Softscape prepared by Form Landscape Architects	6 December 2021
810	F	Details Hardscape prepared by Form Landscape Architects	6 December 2021
860	D	Details Hardscape prepared by Form Landscape Architects	6 December 2021
900	F	Specification and Plant Schedule prepared by Form Landscape Architects	28 January 2022
910	E	Material Schedule prepared by Form Landscape Architects	6 December 2021
911	E	Material Schedule prepared by Form Landscape Architects	6 December 2021
920	D	Plant Palette prepared by Form Landscape Architects	6 December 2021
921	D	Plant Palette prepared by Form Landscape Architects	6 December 2021
N/A		Arboricultural Report prepared by Tree Solutions	7 December 2021

CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 18 January 2025 unless an application to extend the currency period is approved by Council.
Site Specific Conditions
No construction vehicles, excluding delivery vehicles, are to be parked on Viewland Drive. All construction vehicles and staff parking must be either onsite or at an alternate location with staff bused to the site. The submitted Construction Management Plan prepared by Deluca must be amended to clearly indicate:
the on-site parking and the alternate location.
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 vehicle and pedestrian 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 on site
No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off
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
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
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.
The amended plan must be submitted to Council at least 2 weeks prior to the prestart meeting
The drainage works in the road formation of Viewland Drive must not be undertaken during school holidays periods (Queensland, New South Wales or Victoria)
PRIOR TO COMMENCEMENT OF WORKS
Landscaping
Provide to Council a Tree Protection Bond* of $5000.00 for the trees identified for retention in the approved Arboricultural Report.
*(Refer to Advisory Note)
Engineering
The submitted plan Q20-004-C01 Revision 8 must be amended as follows:
The orifice diameter shown on the plan (200mm) is inconsistent with the submitted DRAINS model (20mm orifice). Update the plan and model to achieve consistency, and modify the tank detail to conform with AS/NZS3500.3 Clause 7.10.2 and specifically achieve a minimum orifice diameter of 25mm and include a sump and debris screen.
The plan must be submitted and approved by Council at least 2 weeks prior to the pre-start meeting.
A ‘for construction’ Erosion and Sediment Control Plan (E&SCP) must be provided to Council’s Delegate at least 2 weeks prior to the on-site pre-start meeting and prior to works commencing. The E&SCP must:
be prepared and certified by a Certified Professional In Erosion and Sediment Control (CPESC);
relate to each phase of the works (including clearing, earthworks, civil construction, services installation, building works and landscaping) and detail the type, location, sequence and timing of measures and actions to effectively minimise erosion, manage flows and capture sediment;
be consistent with current best practice standards to the extent that the standards are not inconsistent with the conditions of approval and taking into account all environmental constraints including erosion hazard, season, climate, soil, and proximity to waterways;
provide sufficient detail regarding the manner in which compliance with all conditions of this permit relating to E&SC is to be achieved;
include details of proposed flocculants and automatic dosing systems for sediment basins, including jar testing results. Demonstrate the suitability of the proposed flocculant having regard to the downstream receiving environment and water quality; and
include the results of all soil investigations undertaken for the site and on which the E&SCP is based
Prior to any stripping of topsoil on the site (apart from localised areas required for the installation of erosion and sediment controls), a hold point is to be established and a site meeting held with Council’s Delegate. Prior to proceeding with further site works, it must be demonstrated that erosion and sediment control measures, including sediment basins, have been established to control the release of sediment from the site, and that stormwater quantity controls have been established to prevent increased flows from the site entering downstream properties, beyond pre-development flowrates.
Tree protection fencing must be installed under the supervision of the Project Arborist.  (Refer to Retention of Existing Trees Conditions).
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.
A condition report of the drainage system in Viewland Drive at the proposed connection point must be completed for agreement at the prestart meeting. The condition report is to include a CCTV inspection of the existing pipe in the area of the Viewland Drive and Angler Street intersection.
A condition report including photographs of the frontage of the site must be completed and submitted to council at the prestart meeting / prior to any works commencing.
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;
Landscape works;
Electrical reticulation works;
Erosion and sediment control works;
Other relevant parties
Prior to the commencement of the works within Viewland Drive associated with this development, Council requires the provision of a bank guarantee, or a cash bond $10000 to be submitted to Council.
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
Vegetation Protection
Retention of Existing Trees and Vegetation
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.
A qualified person* must be engaged for the duration of the works to:
Ensure works are carried out in accordance with the approved Arborist Report (Arboricultural Report dated 7 December 2021).
Oversee installation of all tree protection fencing prior to commencement of any works onsite (including any clearing).
Supervise tree protection within the development site and frontages, prior to, during and following construction in accordance with AS 4970, Protection of trees on development sites.
Oversee approved tree removal in proximity to retained trees.
Undertake a risk assessment of all trees within striking distance of the development works and site and carry out hazard removal and amenity pruning in accordance with AS 4373, Pruning of amenity trees.
*(Refer to Advisory Note)
Vegetation for protection must:
Be protected in accordance with the approved 501 and 502 (rev A) Plan and Arboricultural Report (dated 7 December 2021).
Be protected with a 1.8m high temporary safety fence or temporary barrier mesh / three-strand wire with pickets at 3m centres.
Ensure protection of the Tree Protection Zone.
Have the vegetation protection fences installed prior to the prestart meeting and maintained for the entire period of construction.
Have ‘Exclusion Zone’ (‘No Go’) signage fixed to the fence at 10m centres.
Have no construction material, equipment or personnel entering the vegetation protection ‘exclusion zones’ except to undertake approved rehabilitation activities.
*(Refer to Advisory Note)
Vegetation Clearing
A qualified person* must be engaged to manage fauna prior and during clearing to:
Ensure works are carried out in accordance with the Nature Conservation Act 1992.
Undertake pre-clearing inspections including fauna relocation and removal or blocking of all vacant hollows.
Ensure clearing works avoids nesting times of animals and birds.
Co-ordinate staging and sequence of clearing with fauna protection.
Protect and recover fauna during clearing operations (not previously removed).
Manage the translocation of animals and recovery procedures in accordance with relevant legislation.
*(Refer to Advisory Note)
Removal of Existing Trees and Vegetation
MINOR TO MODERATE VEGETATION REMOVAL
Removal of existing trees and vegetation must be undertaken by a qualified person* and must include:
Stump grinding to below finished surface level.
Rectification to the finished surface levels and materials.
No damage to other vegetation for retention.
Legal disposal of all removed vegetation and debris.
MAJOR VEGETATION REMOVAL
Have mulch stockpiles no larger than 1000m3, 2.5m in height and with 10m separation between piles.
Allow for existing endemic ground flora to be translocated to suitable landscaping and rehabilitation areas.
Conclude with the area being stabilised against erosion, landscaped.
*(Refer to Advisory Note)
Plant Pest Management
A qualified person* must manage plant pest (weeds) to:
Ensure plants listed as Class 1 and 2 declared pests within Council’s Pest Management Plan are controlled and prevented from spreading.
Oversee management techniques that minimise regrowth, prevent damage to non-target species, retain conservation values and maintains site stability.
*(Refer to Advisory Note)
Landscaping Works
Landscape works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice.
(* Refer to Advisory Note)
Landscape works must:
Delineate all planting to grassed area interfaces with a concrete or spade edge as detailed within the approved plans.
Ensure amenity or sales signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled.
*(Refer to Advisory Notes)
Public amenity trees* must:
Meet AS2303 -Tree stock for landscape use
Be a minimum pot size of 45 litres.
Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines.
Be located from services and infrastructure a minimum of:
6m from electricity poles and pillars.
4m from street lighting.
2m from stormwater catchment pits.
2m from any adjoining driveway.
*(Refer to Advisory Note)
Turfed areas must be in good condition, free of pest, diseases and weeds and level with adjoining surfaces.
Pathways and Access Points
Paths of travel must:
Terminate in a manner that ensures smooth transition to existing surfaces for public safety.
Be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS 1428, Design for access and mobility.
*(Refer to Advisory Note)
Fencing, Walls and Screening
Fencing must:
Be located wholly within lot boundaries.
Have a design life commensurate with the new buildings.
Not include CCA (copper chrome arsenic) timber products.
Be finished in neutral colour tones that blend with the surrounding landscape.
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
The relevant conditions of the higher order Material Change of Use viz. MCU20/0128 to which this approval relates
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
Bioretention Basins - Construction
During construction and establishment of the bioretention devices, the supervising RPEQ must ensure that the device was constructed in accordance with the document Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009) and that the forms contained in section 3.15 including the associated supporting information and data are completed. These forms and certification from the RPEQ that the device has been constructed in accordance with the Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009), all conditions of approval, and the approved engineering drawings must be submitted to Council prior to commencement of use.
A construction hold point with a council delegate must be established once the bioretention device underdrainage pipe work is installed. At the time of inspection, a sample of the drainage layer, transition layer, and filtration media materials must be stockpiled on-site.  Laboratory results must be provided for the filter media which demonstrate that the media complies with the specifications contained in the latest version of the “Guidelines for Soil Filter Media in Bioretention Systems” (produced by the Facility for Advancing Water Biofiltration) and that the minimum hydraulic conductivity specified on the approved engineering plans will be achieved. In addition laboratory results must be provided demonstrating that the transition layer and drainage layer meet the following bridging criteria:
D15 (drainage layer) ≤ 5 × D85 (transition layer)
D15 (transition layer) ≤ 5 × D85 (filter media)
The drainage layer, transition layer, and filtration media materials must not be installed until the catchment draining to the bioretention device has 70% groundcover as determined by Council’s delegate.
Roadworks (external works)
All trenching works in the Viewland Drive road formation must be reinstated generally in accordance with IPWEA drawing RS-170. The new pavement must join neatly to the existing pavement so that there are no irregularities in line or level resulting at or adjacent to the join for the length of the construction. Where necessary the existing pavement must be brought to a satisfactory standard to allow for the above.
The developer must notify Council’s Traffic Engineer for any works involving the removal or modification of existing Council traffic signs and/or parking bays prior to such works commencing.
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 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.
All frontage 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.
Electrical conduits or other services proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Pathways
All pathways must be constructed in accordance with the following requirements:
All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065.
Provision must be made for disabled access at all kerb crossings associated with pathways, in accordance with Council's current standards.
All paths must have a slip resistant surface.
Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth ride for cyclists.
The required work includes any modifications to ensure the footpath finishes flush with all existing service covers and the like, or alternatively these services are raised or altered, so as not to create a pedestrian safety hazard.
Pathways must:
terminate in a manner that ensures smooth transition to existing surfaces for public safety.
be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS1428 Design for access and mobility.
Site Access and Driveways
Driveway crossovers must be constructed in accordance with Council’s Standard Drawing RS-051 and any associated addendum
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.
The following must be complied with during the construction of the required crossover/driveway:
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete.
The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties.
Underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway
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.
The property access must be located a minimum of 1m clear of existing power poles, streetlights or other signage. The developer is responsible for any necessary relocation of existing services to provide this clearance and must contact the relevant service authorities and comply with their requirements in relation to these works.
Earthworks and Retaining Walls
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, 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 the commencement of the use.
Fall protection must be provided to retaining walls that are over 1m high
Slope and batters are a maximum grade of:
1 in 6 where in proximity to waterbodies
1 in 4 for grassed areas.
1 in 3 for planted areas.
1 in 2 for combined structural engineering and planting solutions.
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 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.
Erosion and Sediment Control
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. These measures must be designed, implemented and maintained in accordance with “Best Practice Erosion and Sediment Control” published by the International Erosion Control Association (Australasian Chapter) (IECA, 2008), to the extent that such measures and practices are also consistent with the following:
Minimise Erosion:
For areas of the site which drain to a sediment basin, implement drainage and erosion control measures prior to rainfall which prevent or minimise rill erosion and gully erosion
For areas of the site which do not drain to a sediment basin, implement drainage and erosion control measures prior to rainfall (including contingency measures) which prevent or minimise erosion, including rain drop erosion, chemical erosion, rill erosion and gully erosion
Prior to commencement of use for 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. 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.
Manage concentrated stormwater flows:
Prior to each rainfall event ensure concentrated stormwater flow paths are provided with capacity in accordance with IECA (2008) Table 4.3.1 and are structurally stable in all rainfall events for the following sources.
From stormwater catchments upslope of the area of disturbance which are either stable or external to the site, ensure stormwater is diverted or managed either:
around the site or through the site without causing erosion and without contaminating the flow; or
if it is impractical to convey the flows around or through the site, convey the flows into appropriately sized sediment basins without causing erosion
From all disturbed areas of the site to sediment basin(s) without causing erosion
Minimise sediment released from the site:
Install and maintain sediment basins for each disturbed catchment area of the site and including undisturbed catchments which cannot be diverted, such that:
Each basin is sized and operated in accordance with either a Type-A or Type-B sediment basin as documented in IECA (2008) Appendix B (June 2018)
Each basin is to be provided with an automated system of flocculant dosing and a suitable supply of flocculant/coagulant, with the type of  flocculant/coagulant determined based on Chemical Coagulants and Flocculants Fact Sheet (IECA, 2018)
markers are provided within each basin indicating the maximum sediment storage level and any additional water storage capacity for water reuse
during discharge from the primary outlet system, the concentration of total suspended solids (“TSS”) discharged does not exceed 50mg/L and that pH is within the range of 6.5-8.5.
Install and maintain additional sediment control measures within the site, as necessary to maximise sediment capture
Minimise the tracking of dirt from the site onto roadways. Ensure that all dirt on roadways caused by vehicles leaving the site is removed without causing water contamination, prior to rainfall and at least at the end of each work day.
Sediment and erosion control measures must be in place prior to works commencing. If such measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such fines can be issued if sediments from the site are found to enter or have the potential to enter Council’s stormwater system, natural waterways, any downstream stormwater filtration system or adversely impacting on other properties.  The sediment and erosion control design and measures have NOT been approved, it is the site's Supervising Engineer who is responsible for ensuring that the sediment and erosion control measures have:
Been duly designed by an RPEQ or CPESC and constructed in accordance with "best practise" methods,
Been revised by an RPEQ or CPESC to address the issues raised by changes in the projected construction schedule and/or methods,
Been revised to address predicted rainfall events, and
Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be found inefficient.
The erosion and sediment control measures must be designed, installed and maintained in accordance with the supervising engineer instructions and the current best practice standards * (Refer to Advisory Note).
The developer must ensure non-essential exposure of soil is prevented by restricting the extent of disturbance and minimising the duration of soil exposure to adverse weather conditions and effectively turf, cover or stabilise any disturbed area without delay and prior to rainfall occurring.
The developer must ensure sediment does not leave the site or enter onto adjoining properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or machinery. It is essential to implement appropriate approved erosion and sediment control measures throughout the site during all phases of construction including vehicle shakedown pad/grid (or similar) at the access to the construction site. Where sediments or other contaminants are deposited on a road, they must be removed so as not to enter Council’s drainage system or waterways.
Prior to the completion of the development and commencement of use, 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. 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.
Earthworks and the implementation of erosion and sediment controls are undertaken in ways which ensure flooding characteristics (including stormwater quantity characteristics) external to the development site are not worsened during construction for all events up to and including the 1% AEP (1 in 100 year ARI) event.
Drainage paths must be regularly inspected to ensure the sediment fences/measures are not being bypassed as a result of sediment build up. Sediment laden runoff must be prevented from leaving the subject site and entering neighbouring properties and/or stormwater systems.
Soil exposure must be limited 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.
A log book for the Erosion and Sediment Control measures and inspections must be maintained by the site manager and made readily available to Council when requested. The supervising engineer must verify and endorsed the E&SC measures upon their installation, and periodically check these measures and the log book during construction and the stabilisation stages. Any defects in erosion and sediment control devices, such as sediment fences, are to be inspected and documented. Upon Inspection, the contractor is to determine whether the device should be replaced or repaired. Documentation is to include how the damage was caused and what measures can be implemented to reduce the possibility of repeat occurrences. Any damage to either permanent or temporary water quality control structures or devices is to be immediately rectified at the contractor’s expense.
The effectiveness of the erosion and sediment control devices must be monitored. All ESC measures are to be inspected:
at least daily (when work is occurring on site) or weekly (when work is not occurring on site); or
within 24 hours of expected rain; or
within 18 hours of a rainfall event (i.e. an event of sufficient intensity and duration to mobilise sediment on site).
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 / PRIOR TO THE COMMENCEMENT OF THE USE
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.
Prior to commencement of use the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification confirming all works have been constructed in accordance with conditions of approval.
Certification all street trees meet AS2303 -Tree stock for landscape use.
(* Refer to Advisory Note)
Bonds
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.
Performance Bonds must be lodged for:
Streetscape Landscape
Road formation reinstatement.
Bonds must:
meet the requirements of council’s relevant Planning Scheme Policy for performance and uncompleted works.
be calculated using a schedule of works and relevant bond equation.
have approval of the bond calculations and amount from Council prior to lodgement
be lodged with Council and accompanied by the Bond Administration Fee/s.
be requested for release by writing to Council, when relevant approval requirements have been met.
As Constructed Plans and ADAC XML Files (Council)
Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory “As-Constructed” records must be submitted to Council. The bundle of “As Constructed” information shall include:
As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed) prepared in accordance with industry standards and recorded in “MGA - UTM56 / GDA94” projection.
Please Note: Further information and advice relating to the as-constructed drawing presentation, as-constructed survey capture and associated guidelines for preparation of a compliant ADAC XML digital file are available on the webpage titled “As-Constructed Guidelines” and accessible at the Noosa Council Website: Planning & Development / Development Tools & Guidelines / As-Constructed Guidelines.
The “As-Constructed” drawings will require certification by a:
Qualified experienced Civil Engineer (RPEQ) confirming design intent and conformance with applicable standards and specifications, along with the relevant descriptions of assets, services and structures and;
Licensed Surveyor in regard to the cadastral and locational information, levels and applicable survey datum.
The data must be in accordance with Council’s “Planning Scheme Policy 6 – Engineering Design Standards”, and fully detail the levels for all engineering works including but not limited to the drainage network and structures, finished ground and pavement surface levels.
Landscaping, including all assets and improvements within parks, open space and road reserves areas are to be shown on an accompanying separate landscape plan (prepared in .dwg file format with accompanying hardcopy PDFs) and include a complaint ADAC XML file.  Details of the landscaping and all associated assets and improvements may be included in the ADAC XML digital file prepared for associated civil infrastructure, or alternatively, be provided as a separate ADAC XML digital file containing landscape and asset information only.
On Maintenance
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to the commencement of the use. 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
Maintenance periods* must be:
12 months for Streetscape Landscape
12 months for road formation reinstatement.
*(Refer to Advisory Note)
Prior to requesting an On Maintenance inspection the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification.
Certification all street trees meet AS2303 Tree stock for landscape use.
Prior to requesting an On Maintenance inspection, the following information package (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
All required bonds.
Off Maintenance
Prior to requesting an Off Maintenance inspection the following must be provided:
Written request of bond release.
Arborist Report
Off Maintenance Inspection must be requested:
By contacting Council.*
Only after lodgement of a completed Landscape Checklist and all other required certification and documentation.
Only after all works are confirmed in good order including:
Rectifying any damaged grassed areas.
Topdressing to grassed areas.
Remulching, fertilising and aeration of garden areas.
Replacement of plant material.
Removal of plant material impeding regulation sightlines.
Replacement or any corroded, broken or vandalised item.
Cleaning and/or refinishing of all external surfaces including prompt removal of graffiti.
*(Refer to Advisory Note)
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection.
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
a Council inspection reveals works do not comply with approval requirements
submitted certification falsely states works comply with approval requirements.
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:
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.
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.
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 the approved design unless noted otherwise.
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 International Erosion Control Association Australasia Best Practice Erosion and Sediment Control.
Qualified Person, for the purpose of erosion and sediment control is a Certified Professional in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional Engineer of Queensland (RPEQ).
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the final inspection:
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.
If at the time of request for the final inspection, the method of short-term stabilisation has not achieved a level of stability that Council's Officers believe will have a high probability of achieving long term stability, Council Officers may take the following matters into consideration in determining whether the site is capable of achieving medium to long-term stability:
evidence that the site has been effectively stabilised in the short term;
evidence that soil has been adequately ameliorated;
evidence that seed of annual and perennial grass species has been applied at an adequate rate; and
that grass seed has germinated at a density that is likely to achieve an effective grass cover.
Landscaping
Tree Protection Bond:
may be drawn upon by Council if:
the recommendations of the Arborist report are not implemented and,
any trees identified for retention are damaged to the point where they cannot be saved (as confirmed by the site Arborist and agreed in writing by Council).
will be returned upon receiving certification from the site Arborist that all requirements nominated in the Arborist report referenced within this Decision Notice have been completed.
All tree retention and protection works must be carried out in accordance with methodology and recommendations detailed in the Arborist report listed within this Decision Notice. Prior to requesting a prestart meeting, a bank guarantee must be lodged with Council as security for the protection of the trees identified for retention within the Arborist report referenced within this Decision Notice. The guarantee:
may be drawn upon by Council if:
the recommendations of the Arborist report are not implemented and,
any trees identified for retention are damaged to the point where they cannot be saved (as confirmed by the site Arborist and agreed in writing by Council)
will be returned upon receiving certification from the site Arborist that all requirements nominated in the Arborist report referenced within this Decision Notice have been completed
Retention of Existing Trees
The existing trees on adjoining properties must be retained and protected during construction wherever achievable. To avoid doubt, this advisory note is not intended to exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following construction of the development which is the subject of this development approval.
Removal of Existing Trees and Vegetation
Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as well as optimum weed seed sterilisation.
Qualified Person
Qualified Person, for the purpose of:
Supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three years current experience in the field of landscape design.
Undertaking landscape construction and establishment works is considered to be a person with five years current experience in commercial landscape construction projects.
Undertaking, supervising tree works and preparing arboriculture certification, is considered to be a person with a minimum three years current experience in tree protection, hazard identification/mitigation and AS2303 – Tree stock for landscape use:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
Preparing certification and managing declared plant pests, is considered to be:
a landscape architect with a minimum of 3 years current experience in the field of pest plant management;
Landscape Works
The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges Register where:
An inspection revealed that any constructed landscape works do not comply with the conditions of the Decision Notice, Approved Plans and or Approved Documents
Certification is submitted to Council falsely stating that works comply with the approved plans, documents and or conditions of the Decision Notice.
Public amenity trees are defined as any tree located within public streets, parks or areas that will become publicly owned as a result of this development.
On Maintenance
Request for On Maintenance is the responsibility of the developer.  No credit will be given due to failure to request inspection. Maintenance works are the responsibility of the developer and must include regular inspections, repairs, rectifications and establishment. A single maintenance run immediately prior to inspection is not acceptable.
Off Maintenance
A re-inspection fee in accordance with Councils Fees and Charge Register will be charged where:
A Council inspection reveals works do not comply with approval requirements.
Submitted certification falsely states works comply with approval requirements.
Qualified Person, for the purpose of:
Managing Fauna protection is considered to be a certified Fauna Spotter Catcher
Public amenity trees are defined as any tree located within public streets, parks or areas that will become publically owned as a result of this development.
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 (ACH Act).
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 ACH 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 Unit to discuss any obligations under the ACH Act.
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