Operational Works Delegated Report OPW25 0054 · OPW25/0054

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Moderate Hazard Area
Assessment Type Code

1. PROPOSAL

This application seeks a development permit for works associated with a new Dwelling house, to
be assessed under the Noosa Plan 2020.

The proposal involves the construction of a contemporary two-storey, four-bedroom dwelling, as
illustrated by Figure 3. At ground level, the dwelling will maintain vehicle access from both street
frontages, consistent with the current arrangement. A relaxation of the frontage setback to Oriole
Avenue is proposed to accommodate a combination of fencing and stairs which will provide access
to an Outdoor dining gazebo within the setback.

Survey data provided by the applicant indicates that the existing dwelling has a floor level of RL
7.28. The proposed ground floor level at RL 7.3 is consistent with the established ground level
without requiring significant earthworks. The north-west corner of the site will be excavated and
retained to create an open car parking space approximately 4 metres wide and 7 metres long. The
proposed dwelling is less than 8.0 metres above ground level.

While the proposed dwelling would typically be considered accepted development and not require
a development permit, an application is triggered due to non-compliance with one or more relevant
acceptable outcomes. These outcomes are identified as assessment benchmarks for “accepted
development subject to requirements.” namely:

e DBW-AO‘16.2 of the Low Density Residential Zone Code (width of parapet wall); and

The development proposal also triggers concurrence agency referral to Council due to non-
compliance with one or more alternative provisions to the Queensland Development Code
assessment benchmarks of the Low Density Residential Zone Code, namely:

e ERR_ -AO9.1 of the Low Density Residential Zone Code (building setback involving a corner
lot).

The site is currently improved with two crossovers (one to each frontage) and has operated in this
configuration for many years. The existing crossover to Landrail Street is not lawfully approved
and therefore as part of this application the applicant also requests Operational Works to gain the
necessary approval to enable use of the driveway.

The locality and proposal plan are included below.

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Figure 1 — Locality

 

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lite Plan Proposed

Figure 2 - Site Plan

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2. SITE DETAILS
Site & Locality Description
Road Frontage
Existing Significant Vegetation

Topography

Surrounding Land Uses

28m to Oriole Ave and 20m to Landrail St
The site does not contain any significant vegetation.

The site rises from Oriole Avenue from approximately 5.0 m
AHD at the north western corner to 8.0 m AHD at the south
east corner of the site.

Survey information submitted with the development
application indicates that ground levels relevant to the
existing dwelling, range from RL 7 — 8 for the majority of the
site area. Ground levels fall at the north west corner of the
site to accommodate vehicle access and driveway from
Oriole Ave.

5% slope from the east to west — existing 1m retaining wall
along eastern boundary and Oriole Ave frontage

The surround area contains a mix of older styled dwelling
houses. Existing adjoining development to the north is a
more recently constructed (2010) two storey

North — Two storey Duplex Dwelling (shade sails within
setback to Oriole Street) — 17 Jabiru St

 

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South - 46 Oriole Ave - 4.5m building setback to Oriole Ave
East - 10 Landrail St - Dwelling House — 4.5m setback

West - Detached Houses fronting Oriole Ave.

3. ASSESSMENT
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:

e State Planning Policy;

e South East Queensland Regional Plan;

e Planning Regulation 2017; and

e Noosa Plan 2020 (25 September 2020)

3.2. Noosa Plan 2020

The following codes from the Noosa Plan 2020 are applicable to this development:
e Low Density Residential Zone Code;

e Low Density Housing Code.

The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:

 

 

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Operational Works
Driveway

Acceptable Outcome AO14.1 of the Low Density Housing Code states:

AO14.1
Only one driveway and crossover is provided.

 

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The applicant proposes a second driveway to Landrail Street and does not comply with AO14.1
of the Low Density Housing Code. The proposal is therefore required to comply with corresponding
Performance Outcome PO14 of the Low Density Housing Code, which states:

PO14

Driveways and crossovers are located so they do not impede the safe and efficient use of the road
network.

e Assessment
The applicant submits that the second driveway is supportable for the following reasons:

e The existing site includes an existing secondary driveway to Oriole Ave and Landrail Street.
The proposal seeks to keep the locations of the existing driveways and allow for an additional
carparking space. The proposal seeks to use the existing crossovers and are located as far
away as practical from the tangent point of the intersection. The driveways do not interfere with
existing infrastructure and the proposal is for a similar scale dwelling house for the site.

 

Figure 5 — Existing driveway locations to Oriole Ave (upper Image) and Landrail Street

PO14 relates to the safe operation of the surrounding road network. Council's Development
Engineer provides the following assessment:

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e The frontage of the subject site to Oriole Avenue has kerb and channel with the kerb and
channel extending around the kerb return into Landrail Street. Landrail Street does not have
kerb and channel but has a bitumen uplift to direct runoff along the road formation. The
proposed driveway in Landrail Street is setback approximately 6m from the end of the existing
kerb and channel (the TP). This setback complies with Council’s standard drawing. Suitable
conditions have been included for the construction of the driveway. No external works are
considered necessary or reasonable.

The site has operated with two driveways for a number of years with the proposed driveway to
Oriole Avenue mainlined as a single vehicle access and accommodation (for a RV type vehicle).

This approved driveway currently rises up relatively steeply form the road formation and into the
site to provide a single car parking space. The single garage is fully enclosed with a pitched roof
facing Oriole Avenue (Fig 5 — top image). The proposed parking space at this location will reduce
the ground level commencing from the site boundary to provide an improved transition from the
street. The reduction in ground level and site slope will require the area of the carpark to be
retained (approximately 1.3 metre retaining wall) as it interfaces with the proposed dwelling.

The applicant has demonstrated that frontage widths (to both frontages) can accommodate a
driveway to each frontage and complies with Council’s engineering standards. Development
Engineering have provided conditions for inclusion which supports the operational works
application.

The proposal does not impede the safe and efficient use of the road network and complies with
PO14 of the Code.

 

 

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4. CONSULTATION

4.1. Referral Agencies

Not Applicable

4.2. Internal Council Referrals

The application was forwarded to the following internal Council officers for review and/or comment:
e Coordinator Engineering— Development Assessment

Conditions have been provided for inclusion for Operational works.

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 DBW25/0051 & OPW25/0054 for Building Work Assessable Against
the Planning Scheem - Dwelling House and Operational Works situated at 12 Landrail St

 

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PEREGIAN BEACH QLD 4573 and described as Lot 903 P 93121, it is recommended the
application be approved in accordance with the following details for the Decision Notice:

1. APPLICATION DETAILS

Application No: DBW25/0051 & OPW25/0054

Street address: 12 Landrail St PEREGIAN BEACH QLD 4573
Real property description: Lot 903 P 93121

Planning Scheme: Noosa Plan 2020 (25 September 2020)

2. DECISION DETAILS
Council decided to issue the following type of approval:

e Development Permit for Building Work Assessable Against the Planning Scheme - Dwelling
House

e Development Permit for Operational Works - (Vehicle Crossovers)

3. CURRENCY PERIOD OF APPROVAL

The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS

 

 

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DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (OPW25/0054)

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

4868 Sheet 2/14 A Site Plan Proposed prepared by Reitsma 19 May 2025
(Annotated by Council)

Currency Period

2.

The Currency Period for this development approval lapses if the development has not
substantially started by 3 July 2027, unless an application to extend the currency period is
approved by Council.

Site Specific Conditions

The driveway in the Landrail Street frontage must be setback a minimum of 6 metres from
the end of the existing kerb at the intersection of Landrail Street with Oriole Avenue.

The works must include kerb and channel in Landrail Street extending between the proposed
driveway and the existing kerb and channel at the intersection with Oriole Avenue.

A site control and/or compliance bond of $2000 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.

PRIOR TO COMMENCEMENT OF WORKS

10.

Engineering

All necessary approvals from external service providers (eg Unitywater) and external parties
on which the development works are proposed have been obtained and a copy supplied to
Council.

A condition report including photographs of the frontages of the site to Landrail Street and
Oriole Avenue 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:

a. Civil engineering works;
b. Erosion and sediment control works;
c. Other relevant parties

A Construction Management Plan must be submitted to Council at least 5 working days prior
to any works commencing. The Construction Management Plan must address the following:

a. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD)

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11.

12.

b. provision for safe pedestrian and vehicle access across the frontage of the site both
during daily construction and after daily construction has ceased.

Any changes to the details associated with the 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

13.

14.

15.

16.

17.

18.

19.

20.

21.

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 constructed and work procedure undertaken in accordance with:
c. The approved plans/documents and conditions detailed in this Decision Notice

d. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines

e. The latest version of the Healthy Waterways document “Water Sensitive Urban Design
Technical Design Guidelines for South East Queensland” for all water quality devices
to be constructed on site

Pavement Design and Construction

Pavement design for privately owned works must be undertaken in accordance with the
relevant standards. Structural integrity of the driveway and car park areas will remain the
responsibility of the property owner/developer.

Works within Road Reserve/Reinstatement

Safe pedestrian and vehicle 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.

Driveways

Driveway crossovers must be constructed generally in accordance with Council’s Standard
Drawings RS-049 and RS-050 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:

f. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete.

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22.

23.

24.

25.

26.

27.

28.

g. | The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties or pond stormwater in the road reserve

Erosion and Sediment Control

Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
Regulation 2019) 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.

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. It is the site's Principal Contractor who is
responsible for ensuring that the sediment and erosion control measures have:

a. Been installed in accordance with "best practise" methods,

b. Been revised by issues raised by changes in the projected construction schedule
and/or methods,

Cc. Been revised to address predicted rainfall events, and
d. 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 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.

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:

a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or

b. — 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

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29.

5.

Bonds
Bonds must:

a. meet the requirements of Council’s relevant Planning Scheme Policy for
performance and uncompleted works.

b. be calculated using a schedule of works and relevant bond equation.

c. Include GST

d. have approval of the bond calculations and amount from Council prior to lodgement

e. be lodged with Council and accompanied by the Bond Administration Fee/s.

f. be requested for release by writing to Council, when relevant approval requirements
have been met.

REFERENCE DOCUMENTS

Not applicable.

6.

REFERRAL AGENCIES

Not applicable.

7.

ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:

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.
Equitable Access and Facilities

The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:

a. the Disability Discrimination Act 1992 (Commonwealth);

b. the Anti-Discrimination Act 1991 (Queensland); and

c. the Disability (Access to Premises — Buildings) Standards.
Performance Bond

An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.

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10.

11.

12.

13.

Submission of Amended Plans Required

The conditions of this Decision Notice require resubmission of plans to Council with
amendments. Please address the amended plan/s to Council's Development Assessment
Branch with the Reference No. DBBW25/0051, OPW25/0054, RAP25/0026. To avoid delays
and assessment issues with the Operational Works application, it is recommended the plan/s
be resubmitted prior to lodgement of any Operational Works application. However, should
the plans not be submitted, the applicant is advised that a Preliminary Approval may be
issued in lieu of a Development Permit.

Building and Construction Industry (Portable Long Service Leave) Levy

The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.

Private Infrastructure

All private infrastructure for the development must be designed to meet the planning scheme
requirements unless otherwise agreed by the relevant authority

Road Reserve Permit

This development permit provides the applicant with written authority to undertake the
development in accordance with the conditions. Any additional activities that are undertaken
inside Council’s road reserve for the purpose of acting on this development permit may
require a Road Reserve Permit. These additional activities may include, but are not limited
to, hoarding, pedestrian diversions, laneway closures, etc. To apply for a Road Reserve
Permit, or for more information, Contact Council’s Road Reserve Officer at

[email protected] Act 2014 — Fire Ant Control

Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
individuals and businesses are responsible for ensuring that they follow the movement
controls for specific organic materials to help prevent the spread of fire ants within South
East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
ant biosecurity zone may need a biosecurity instrument permit. More information is available
on https://Awww.fireants.org.au/treat/business-andindustry/movement-controls

General Advisory Notes

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 drawings RS-049, RS-
050 and RS-056 (a copy is attached).

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.

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14.

15.

16.

17.

18.

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.

As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the final inspection:

a. Methods of stabilisation are:

¢ appropriate for slopes and slope lengths; and
e are consistent with best practice environmental management practices such as in
the Manual for Erosion and Sediment Control or the IECA Manual; and

b. | 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.

Road Reserve Permit

This development permit provides the applicant with written authority to undertake the
prescribed works. Any additional activities that are undertaken inside Council's road reserve
for the purpose of acting on this development permit may require a Road Reserve Permit.
These additional activities may include, but are not limited to, hoarding, pedestrian
diversions, laneway closures, etc. To apply for a Road Reserve Permit, or for more
information, Contact Council’s Road Reserve Officer at [email protected] in Urban Areas

In urban areas fires are prohibited except where in an appliance is used for domestic heating
or cooking purposes, which must comply with particular standards. Any area identified as a
fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local
Law No. 3, Schedule 3. Refer to the following link for details:

HTTPS:/WWW.NOOSA.QLD.GOV.AU/COMMUNITY/LOCAL-LAWS/LOCAL-LAWS-OVERVIEW
PROPERTY NOTES

Not applicable.

9.

VARIATION APPROVAL DETAILS

Not applicable.

10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work

11. SUBMISSIONS

Not applicable.

12.

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.

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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.

13. OTHER DETAILS

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

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