Delegated Report - Code - Planning OPW19 0157

Author	Development Engineer, Diogo Carrico
Development Assessment

APPLICATION DETAILS
Application No.	OPW19/0157
Applicant	Sunshine Beach Surf Life Saving Club C/ Martoo Consulting
Proposal	Operational Works – Electrical and Lighting
Properly Made Date	8 July 2019
Information Request Date	22 July 2019
Information Response Date	29 August 2019
Decision Due Date	21 October 2019
Report Completed Date	18 September 2019
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	2 The Esplanade Sunshine Beach Qld 4567
RP Description	Lot 4 SP 269274
Land Area	7609 m²
Existing Use of Land	Park

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Sunshine Beach
Zone	Open Space Recreation
Overlays	Environmental Protection Area (partial – eastern side); Slide Hazard; Low Potential Acid Sulphate; Costal Protection Area
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works – Electrical and Lighting.
site details
Background
Due to the Sunshine Beach Surf Club’s power demand increase (due to renovations – refer to MCU17/0024), a new transformer is required to supply the site. This will also require the upgrade of existing supply infrastructure (i.e. conduits crossing Ed Webb Park).
Site Description

Surrounding Land Uses

assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Engineering Works Codes;
Landscaping Code.
draft planning scheme
Not applicable.
cONSULTATION
Referral Agencies
Not applicable.
Other Referrals
The application was forwarded to the following internal Council officers:
Conor Neville, Ecologist
Dorene Di Bartolomeo, Council Arborist
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No OPW19/0157 for Operational Works – Electrical and Lighting situated at 2 The Esplanade Sunshine Beach Qld 4567 and described as Lot 4 SP 269274, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW19/0157
Street address:	2 The Esplanade Sunshine Beach Qld 4567
Real property description:	Lot 4 SP 269274
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works – Electrical and Lighting
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
APPROVED PLANS/DOCUMENTS
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
6524 E 160	P7	“Substation Plan and Details Sheet 1”, prepared by Multitech Solutions (AS ANNOTATED BY COUNCIL)	04/09/2019
6524 E161	P3	“Substation Plan and Details Sheet 2”, prepared by Multitech Solutions	05/09/2019
		Tree Management Plan – New Conduits Sunshine Beach Surf Club, prepared by Taylor Ecology	June 2019
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 24 September 2021, unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITIONS
All applicable works are to be undertaken generally in accordance with approved document “Tree Management Plan – New Conduits, Sunshine Beach Surf Club”, dated June 2019 and prepared by Taylor Ecology.
Vacuum excavation of electrical conduit trenches must occur under the supervision of the Project Arborist where trenches occur within the tree protection zone of Tree 1, 2, 3 and 4 as identified within the approved document “Tree Management Plan – New Conduits, Sunshine Beach Surf Club”, dated June 2019 and prepared by Taylor Ecology.
A construction hold point with a council delegate must be established at the start of the vacuum excavation of the electrical conduit trench. The commencement of the vacuum excavation works must be undertaken in the presence of a council delegate.
Prior to requesting a prestart meeting the developer must provide to Council a Tree Protection Bond* of $10,000 for the protection of the trees on Ed Webb Park outlined in the approved document “Tree Management Plan – New Conduits, Sunshine Beach Surf Club”, dated June 2019 and prepared by Taylor Ecology.
*(Refer to Advisory Note)
PRIOR TO COMMENCEMENT OF WORKS
Engineering
Tree protection fencing must be installed under the supervision of the Project Arborist.
Submit to Council professional details of the supervising Project Arborist.
All necessary approvals from external service providers and external parties on which the development works are proposed have been obtained and a copy supplied to Council prior to the prestart meeting.
A condition report including photographs of the frontage of the site, park and existing trees must be completed and submitted to council prior to the prestart meeting.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a pre-start meeting is 5329 6245. 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
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction;
Maintenance of safe 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.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures;
Works programme identifying key components of the works and their respective durations;
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues;
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
Engineering
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 approval viz. MCU17/0024 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.
Works within Road Reserve/Park and Reinstatement
Safe 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 or vacuum excavation. Trenching is only permitted to be undertaken in accordance with recommendations of approved document “Tree Management Plan – New Conduits, Sunshine Beach Surf Club”, as amended by these conditions.
Following the installations of conduits within the Tree Protection Zones, identified in the approved arborist report, the trenches must immediately be back filled and the site remediated in accordance with the supervising arborist’s direction to ensure the on-going maintenance of the health of the trees within the park area.
Following the successful reinstatement of the Tree Protection Zone surfaces, the area must be reinstated to pre-existing levels and condition.
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 (e.g. by blocking or interfering with natural overland flows).
Environment
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards (refer to advisory notes).
Prior to the On-Maintenance inspection 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 (refer to advisory notes). For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
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 ON-MAINTENANCE INSPECTION
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.
Upon completion of the work certification must be submitted to Council from Energex which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Upon completion of the work a certificate must be issued by the supervising arborist certifying that the works have been constructed in accordance with approved document “Tree Management Plan – New Conduits, Sunshine Beach Surf Club”, dated June 2019 and prepared by Taylor Ecology.
As Constructed Plans and ADAC XML Files (Council)
Prior to acceptance of the works, 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 5 – Engineering Design Standards – Roads, Drainage and Earthworks”, 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 adjacent to the works, 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 landscaping and reinstatement works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to Council accepting the works. 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;
Arborist certification the works are in accordance with the conditions of this permit;
The maintenance period for the landscaping and reinstatement works shall be 12 months from the date these works are accept On-Maintenance.
The supervising RPEQ must submit to Council a schedule of arborist inspections every 3 months to the end of the maintenance period, including Tree Risk Assessment in accordance with ISA Tree Risk Assessment Framework
Off Maintenance
Prior to requesting an Off-Maintenance inspection the developer must provide a written request for the Off-Maintenance inspection and submit to Council
Arborist certification the trees identified with the approved arborist report are in good health and fit for purpose.
Tree Risk Assessment in accordance with ISA Tree Risk Assessment Framework.
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:
General Advisory Notes
All tree retention and protection works must be carried out generally in accordance with approved document “Tree Management Plan – New Conduits, Sunshine Beach Surf Club”, dated June 2019 and prepared by Taylor Ecology. Prior to requesting a prestart meeting, a cash bond or bank guarantee in accordance with the conditions must be lodged with Council as security for the protection of the trees identified for retention within this Decision Notice. The guarantee:
may be drawn upon by Council if:
the trees designated for retention are damaged by the construction works and this leads to their decline or
the trees designated for retention are damaged by the construction works and are made unsafe to the point where pruning to Australian standards cannot rectify the damage or
the recommendations of the Arborist report are not implemented or
any trees identified for retention are damaged to the point where they cannot be satisfactorily saved and made safe for the designated use area in accordance with Australian standards (as confirmed by the Project Arborist and agreed in writing by Council)
will be returned upon receiving certification from the Project Arborist that all requirements nominated in the Arborist report referenced within this Decision Notice and permit conditions have been competently completed.
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 6245 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:
the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2 or other superseding document subsequently adopted by Council;
Best Practice Erosion and Sediment Control, International Erosion Control Association (2008).
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the plan sealing 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 plan sealing, 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 (i.e. until house construction has occurred on all lots), 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.
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.

[word/footer1.xml]
Page 10 of 10

[word/header1.xml]
3

[word/header2.xml]
DEVELOPMENT ASSESSMENT DELEGATED REPORT

[Attachment: image1.png (image text)]
~
141682
| House
4
Freehold
wend Park
we
Sunshine Beech
Parcel
|
Perimeterm 643.27
SUNSHINE BEACH QLD
4567

[Attachment: image2.png (image text)]
2 SEQ Regional Pian 2017 4
as
2 Bio Assessment 2017 individual 4 4 3
Drafe New Noose Plen 2079
2 New Pian 2019
Zone
zone Map
JN Town Boundaries
Mary Thomas St Precinct
Noosa Plan Zones (2016)
Pian Zones (2016)
Housing
Housing A
@ Housing 4
A
Mixed Use
Ae
ey
Business Ce
MM Shire Business
4
purl
Open Space
Open Space Conservation SA
q
Panning
- Heritage Overiay %
Planning -Nat Overa