Original source · versioned page text
Delegated Report - Code - Planning OPW26 0055 (As Published)
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Senior Development Engineer, Daniel Epps
Development Assessment
APPLICATION DETAILS
Application No. OPW26/0055
Applicant Gregory John Powell
Proposal Operational Works - Stormwater
Properly Made Date 20 April 2026
Information Request Date 19 May 2026
Information Response Date 3 June 2026
Decision Due Date 8 July 2026
Report Reviewed & Will Lowe – 8 July 2026
Finalised By
PROPERTY DETAILS
Property Address 85 Gympie St Tewantin Qld 4565
RP Description Lot 51 SP 260161
Land Area 487.0000 m²
Existing Use of Land Dwelling House
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential
Precinct Not applicable
Local Plan Area Tewantin
Overlays Acid Sulfate Soils
Assessment Type Code
1. PROPOSAL
The application seeks approval for Operational Works - Stormwater.
The locality and proposal plan are included below.
Document Set ID: 24933421
Version: 2, Version Date: 09/07/2026
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 7 pages
Page 2
Figure 1 – Locality
Figure 2 – Site Plan
Page 2 of 8
Document Set ID: 24933421
Version: 2, Version Date: 09/07/2026
Page 3
2. APPLICATION BACKGROUND
The application seeks to resolve a drainage problem created following the completion of the
dwelling house in November 2023.
The dwelling house originally discharged to a field inlet in the rear of the site before discharging
via a uPVC pipe unlawfully into the adjoining lot. In addressing this, Council issued a Development
Permit for Operational Works – Stormwater to provide a retrospective inter-allotment drainage
system allow the dwelling house to discharge directly into existing Council stormwater
infrastructure to the south. This Operational Works permit was issued on the basis that the
adjoining lot owner was agreeable to an easement burdening their property. Since issuing this
Development Permit, the applicant and adjoining landowner were unable to reach an agreement
regarding this easement.
This subject application seeks to provide the dwelling house with an alternate drainage solution by
providing a charged stormwater line allowing the roofwater to discharge to Gympie Street.
3. SITE DETAILS
3.1. Site History
There is no higher order approval requiring the works.
Ordinarily, these works would be considered building works and be assessed as part of the building
certifier’s Building Approval. In this case, a Building Approval has already been issued – albeit
without a Lawful Point of Discharge and is unable to be amended or reissued, and therefore the
works are considered Operational Works assessable against The Noosa Plan 2020.
3.2. Site Description
The subject site is located below the invert of the kerb in Gympie Street and grades away from the
road towards the adjoining southern neighbour.
3.3. Surrounding Land Uses
Low Density Residential
4. ASSESSMENT
4.1. 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:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017; and
• Noosa Plan 2020 (20 March 2026).
4.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Works Codes – Water Quality and Drainage 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.
The proposal seeks to retrospectively construct a charged stormwater line to discharge roof water
to the street following a history of non-compliant release of stormwater downstream.
As part of the submission, a set of RPEQ-signed Engineering Plans and hydraulic calculations
have been submitted detailing the system and confirming it’s functionality.
The system relies on a rubble pit to ‘empty’ the charged system between rainfall events. Council
expressed concerns through a Request for Information relating to how the rubble pit satisfies
sections 3.6 and 3.10 of the Queensland Urban Drainage Manual (QUDM). The applicant’s
Page 3 of 8
Document Set ID: 24933421
Version: 2, Version Date: 09/07/2026
Page 4
response was not satisfactory in addressing these two sections of QUDM and therefore a condition
is recommended requiring the certifying RPEQ to certify the system complies with these sections.
Engineering is generally satisfied that the proposal complies with the relevant provisions of The
Noosa Plan 2020 and recommends the following conditions.
5. CONSULTATION
5.1. Referral Agencies
Not Applicable
5.2. Internal Council Referrals
Not applicable
6. 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 OPW26/0055 for Operational Works - Stormwater situated at 85
Gympie St Tewantin Qld 4565 and described as Lot 51 SP 260161, it is recommended the
application be approved in accordance with the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: OPW26/0055
Street address: 85 Gympie St Tewantin Qld 4565
Real property description: Lot 51 SP 260161
Planning Scheme: Noosa Plan 2020 (20 March 2026)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Approval for Operational Works - Stormwater
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
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
22-0416-F22 F Operational Works Stormwater Plan 2 June 2026
Prepared by Lindsay Consulting
22-0416-F25 F Operational Works Stormwater Details 2 June 2026
Page 4 of 8
Document Set ID: 24933421
Version: 2, Version Date: 09/07/2026
Page 5
Prepared by Lindsay Consulting
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 8 July 2028, unless an application to extend the currency period is
approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
3. All necessary approvals from external service providers (e.g. Unitywater) and external parties
on which the development works are proposed have been obtained and a copy supplied to
Council.
4. A condition report including photographs of the frontage of the site must be completed and
submitted to Council prior to any works commencing.
5. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to any works commencing in Council’s Road
Reserve.
6. 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.
7. 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
8. 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.
9. 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.
10. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice;
b. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines; and
c. 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/Reinstatement
11. 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.
12. 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.
Page 5 of 8
Document Set ID: 24933421
Version: 2, Version Date: 09/07/2026
Page 6
13. 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.
Stormwater Drainage
14. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
15. 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,
causing drainage nuisance, etc).
16. 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
17. 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.
18. 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:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods;
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods;
c. 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.
19. 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
20. 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.
21. 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.
Page 6 of 8
Document Set ID: 24933421
Version: 2, Version Date: 09/07/2026
Page 7
22. 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
23. 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
Certification
24. Within three (3) months of the completion of the works, a certificate must be issued by an
RPEQ certifying that:
a. the works have been constructed in accordance with the Operational Works permit;
and
b. the construction of the captive pipe release drainage pit and rubble pit have been done
so in a manner that is lawful and does not constitute a stormwater change (including
nuisance) as defined in Sections 3.10 and 3.6 of the Queensland Urban Drainage
Manual, respectively.
5. 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:
General Advisory Notes
1. 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.
2. 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.
3. 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.
Inspections Request
Page 7 of 8
Document Set ID: 24933421
Version: 2, Version Date: 09/07/2026
Page 8
4. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
5. 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
6. 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
7. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
8. 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).
9. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
a. 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
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.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
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.
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.
Page 8 of 8
Document Set ID: 24933421
Version: 2, Version Date: 09/07/2026