Delegated Report - Code - Planning OPW19 0018 · OPW19/0018

Author
Development Assessment

APPLICATION DETAILS
Application No.	OPW19/0018
Applicant	Michaeleem Mary Monsour Barson Is Tapas & Pizza Bar
Proposal	Operational Works - Landscaping
Properly Made Date	13 March 2019
Information Request Date	27 March 2019
Information Response Date	15 April 2019
Decision Due Date	31/05/2019
Report Completed Date	<
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	247-251 Gympie Tce Noosaville Qld 4566
RP Description	Lot 11 SP 146048
Land Area	1543.0000 m²
Existing Use of Land	<

STATUTORY DETAILS
SEQRP Designation	<
Locality	<
Zone	<
Overlays	<
Assessment Type	Code
PROPOSAL
The application seeks approval for an Operational Works - Landscaping.
site details
Background
The application for landscaping is required by condition 5 of the higher order approval (132002.220269.1) for a material change of use, as detailed below.

5. The site is to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan endorsed through an Operational Works approval. Landscaping is to be maintained at a high standard at all times and is to be generally in accordance with Landscape Concept Plan, prepared by CB, Sheet 1 of and dated 13 April 2018; and
identified landscaped areas are as shown on plan 29.502.2A, prepared by Andrew McKellar, dated 14/04/2018;
provide a minimum of 1 street tree on the sites frontage within the road reserve, that has a minimum pot size of 100 litres.

The applicant amended their application through the information request period to omit the landscape areas identified in Condition 5 (a) of the higher order approval and concluded the establishment of a street tree was operational works.

The change to the higher order approval was a result of compliance action which required the development to reinstate their landscaping areas as per their approval. The applicant has stated “All other landscaped areas within the site are existing and will be replanted with like for like species where necessary”. This statement is incorrect as there exists a sculpture and dining areas in the landscape areas.

conclusion & reasons for decision
A preliminary approval is required to approve the street tree establishment and to provide a further opportunity to reinstate the required landscape areas.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No OPW19/0018 for a Operational Works - Landscaping situated at 247-251 Gympie Tce Noosaville Qld 4566 and described as Lot 11 SP 146048 , it is recommended the application be approved in part and a preliminary approval granted in accordance with the following details for the Decision Notice:
application details
Application No:	OPW19/0018
Street address:	247-251 Gympie Tce Noosaville Qld 4566
Real property description:	Lot 11 SP 146048
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Preliminary Approval for Operational Works - Landscaping

CURRENCY PERIOD of approval
The currency period for this development approval is 3 months starting the day that this development approval takes effect.
assessment manager conditions
Preliminary Approval Condition
The applicant must submit for approval a detailed landscape plan in accordance with condition 5 of the higher order approval complying with the conditions of this Preliminary Approval.
Landscaping Works
The development must comply with the approved landscape based on Landscape Concept Plan, prepared by CB, Sheet 1 of and dated 13 April 2018; and identified landscaped areas are as shown on plan 29.502.2A, prepared by Andrew McKellar, dated 14/04/2018;
Plans and 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
Sheet 1 of 1	<	Street Tree Location Plan prepared by CB	25/01/2019
Sheet 2 of 2	<	Street Tree Details prepared by CB	25/01/2019
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)
The principal contractor must have all the appropriate insurance and public liability documentation to carry out the works. The principal contractor is also responsible to ensure that any subcontractors also have the appropriate insurance and public liability documentation. Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
Bonds
A site compliance bond of $500 is to be submitted to Council prior to the pre-start meeting. The pre-start meeting will only be held once Council's Construction Engineering Officer has confirmation that the bond monies have been received by Council.
The bond will be refunded after the maintenance period expires, 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.
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 6244. The pre-start meeting must include the relevant parties for the following aspects of the works:
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
traffic Management during the construction phase.
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe pedestrian access across the frontage of the site.
Street trees must:
Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC).
Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines.
On Maintenance
Maintenance periods must be:
12 months for Street Tree
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.
Specifying Trees: a guide to assessment of tree quality (NATSPEC) certification (addressing each specimen).
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:
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 Inspections Request
Contact Council on 5329 6244 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
It should be noted prior to arranging a pre-start meeting the Appeal Period of 20 business days must have passed or the applicant must have provided Council with written confirmation that the applicant has accepted the conditions of Decision Notice and waived their appeal rights.
Should the outstanding matters raised in this approval be addressed to Council’s satisfaction, Council may change the approval to a Development Permit through the Negotiated Decision Notice process.
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.
Qualified Person
Qualified Person, for the purpose of:
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 Specifying Trees – a guide to assessment of tree quality (NATSPEC) assessment and either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
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