Delegated Report - Code - Planning OPW22 0273 · OPW22/0273

Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW22/0273
Applicant	Jason Ashley Young
Proposal	Operational Works - Vehicle Crossover
Properly Made Date	2 November 2022
Information Request Date	10 November 2022
Information Response Date	30 January 2023
Decision Due Date	17 March 2023
Report Reviewed & Finalised By	Daniel Epps – 13 March 2023

PROPERTY DETAILS
Property Address	12 Grosvenor Tce Noosa Heads Qld 4567
RP Description	Lot 19 SP 188268
Land Area	1508.0000 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Acid Sulfate Soils, Bushfire, Landslide
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works - Vehicle Crossover.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Design Plan
site details
Background
As part of the subdivision works the verge areas of the road reserve in the frontages of the properties along the western side of Grosvenor Terrace included a swale drain. The property owner of the subject site constructed a concrete driveway that ignored the swale drain and had a constant grade from the edge of the road formation (flush kerb) up to his internal driveway/forecourt area. The driveway in the road reserve blocks the overland flow from the upstream catchment.
The issue was raised with the owner by Council’s road reserve officer in 2020 (approximately late July) and after a number of agreed extensions, the owner submitted an operational works application in October 2020. Council allocated the application number OPW20/0172. Council issued further information requests and received responses but the issues had not been adequately addressed. After a number of extensions and “stop the current periods” the applicant withdrew the application on 28 July 2021 prior to a decision being made by Council.
As the issue remained unresolved the applicant submitted another operational works application on 30 July 2021. Council allocated the application number OPW21/2019. Council issued further information requests and received responses but the issues had not been adequately addressed. After a number of extensions and “stop the current periods” the applicant withdrew the application on 27 October 2022 prior to a decision being made by Council.
As the issue remained unresolved the applicant submitted another operational works application on 26 October 2022. Council allocated the application number OPW22/0273. As not approval had been obtained and it was noted that the property was now for sale Council’s Local Laws section issued a compliance notice on the 10 November 2022. A property notation was also added to Council’s rates records to advise prospective purchasers that the driveway was not approved.
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:
Driveways and Parking Code
The application has been found to generally comply with all applicable statutory instruments.
Assessment
The assessment of the various applications included referral to Council’s Infrastructure section and their recommendation was to completely remove the driveway and reinstate the swale/overland flowpath or modify the driveway such the overland flows from the upstream catchment are not blocked and are conveyed across the frontage of the subject site. The applicant has submitted a plan of the required modifications that was prepared by a Registered Professional Engineer of Queensland (drawing number 3847-01A dated 24 January 2023 prepared by AAA Design and Development Pty Ltd). The plan includes removal of a section of the driveway, the reconstruction of part of the driveway with a “lowpoint” to convey the flows and some reshaping of the adjoining verge areas. It is noted that the plan does not propose to remove the driveway at the property boundary where it joins to the internal concrete driveway and forecourt area. It is not considered reasonable to remove the whole driveway if the proposed modifications can provide the necessary overland flow paths in the road reserve. Relevant conditions have been included in the recommendation.
It is noted that the adjoining property (No 14 Grosvenor Ter) constructed a complaint driveway in accordance with OPW20/0247 to provide access from the road formation to the property boundary that included a “low point” to convey the overland flows. The driveway to No 14 provides access to a basement area and there is a risk that unless the driveway to No 12 is removed or modified runoff from the swale drain may enter the basement. It is because of this risk and the lengthy history of the numerous applications it is recommended that a condition be include for the works to the driveway to No 12 be undertaken within 3 months of this permit.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Infrastructure - assets
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 OPW22/0273  for a Operational Works - Vehicle Crossover situated at 12 Grosvenor Tce Noosa Heads Qld 4567 and described as Lot 19 SP 188268, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW22/0273
Street address:	12 Grosvenor Tce Noosa Heads Qld 4567
Real property description:	Lot 19 SP 188268
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Vehicle Crossover
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
3847-01A	<	Stormwater Calculations prepared by AAA Design and Development Pty Ltd as annotated by Council	24 January 2023
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 13 March 2025, unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITIONS
The works required by the permit must be completed and accepted by Council within 3 months of the date of this decision.
Until the works have been completed and accepted by Council the following property notation or similar will be placed on Council’s rates records for the subject property:
The vehicle access to the property does not comply with Council's Local Laws and requires upgrading.
A site control and/or compliance bond of $2500 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.
The works must include reshaping of the verge areas on either side of the driveway to ensure that there is no ponding of water and flows are not directed on to the road formation
The constructed works (driveway and verge reshaping) must convey the overland flows from the upstream catchment for all rain events up to and including the 1%AEP event at the year 2100 (20% increase in current rainfall intensities)
The constructed works (driveway and verge reshaping) must not create additional ponding of stormwater within the frontage of No 14 Grosvenor Terrace for all rain events up to and including the 1%AEP event at the year 2100 (20% increase in current rainfall intensities)
Prior to the pouring of the concrete for the modified section of the driveway certification must be submitted to Council from a Registered Professional Engineer of Queensland that states that works will achieve compliance with the conditions of this permit.
GENERAL CONDITIONS
Engineering
A condition report including photographs of the frontage of the site must be completed and submitted to Council at the prestart meeting.
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.
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 (RPEQ);
Principal contractor
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 vehicle and pedestrian access across the frontage of the site both during construction hours and after working hours.
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
The integrity and condition of any existing public or Council infrastructure and services (above ground and/or underground) must not be adversely affected by the proposed works
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:
the approved plans/documents and conditions detailed in this Decision Notice
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 Reserves
No removal of street trees is permitted without Council’s prior written approval.
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 works must match neatly with existing road and verge/footpath features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Driveways
Driveway crossovers must be constructed generally in accordance Council’s Standard Drawing RS-050
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 in accordance with the requirements of AS2890.1 Off-Street Car Parking for longitudinal and crossfall gradients.
the driveway must be constructed so as to not concentrate or direct 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
have a minimum clearance of 500mm from any Unitywater/Energex/Telstra asset, unless a written approval is obtained from Unitywater/Energex/Telstra and submitted to Council.
any stormwater kerb outlet in close proximity to the edge of the new driveway must be provided with an approved kerb adaptor
any existing kerb sections requiring removal due to the works must be saw-cut and removed to allow for a smooth and neat finish with the new driveway
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer.
Stormwater Drainage
The constructed driveway must not cause additional ponding on the road formation or the road reserve.
Environment (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.
The contractor must ensure non-essential exposure of soil is prevented by restricting the extent of works and minimising the duration of soil exposure to adverse weather conditions. Exposed areas must be suitably covered/stabilised/reinstated as soon as practicable and prior to any predicted rainfall occurring.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards (refer to advisory notes).
FOLLOWING CONSTRUCTION
A final inspection and approval of the new driveway and completed reinstatement works by Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the inspection.
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the requirements of this Operational Works permit.
Bonds
Bonds must:
meet the requirements of council’s relevant Planning Scheme Policy for performance and uncompleted works.
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.
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
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 the relevant standards.
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 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.
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.
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.
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
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
The following property note or similar will be placed against the subject property in Council’s property record system:
The vehicle access to the property does not comply with Council's Local Laws and requires upgrading.
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

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