OPW16/0014 - Decision Notice

Officer:	Monkeith Kadhum
Direct Telephone:	5329 6293
Our Reference: 	OPW16/0014
Your Reference:	6823

4 March 2016

Caloundra Building Approvals Pty Ltd
PO Box 135
GOLDEN BEACH  QLD  4551
[email protected]

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 04/03/2016, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
1.	APPLICATION DETAILS

Application No:	OPW16/0014
Street Address:	Raintree Terraces 3/22 Mitti St NOOSA HEADS  QLD  4567
Real Property Description:	Lot 3 GTP 1450
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following type of approval has been issued:
Development Permit for Operational Work Engineering Works - Footpath

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 2 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS

APPROVED PLANS
Development undertaken in accordance with this approval shall be generally in accordance 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 Description	Date
Job No:S8500 Sheet: 5-01	B	Boardwalk- Pathway Layout, prepared by GEO Consulting	17/02/2016
Job No:S8500 Sheet: 5-02	B	Boardwalk- Pathway Framing Schedule, prepared by GEO Consulting	17/02/2016
Job No:S8500 Sheet: 5-03	B	Boardwalk- Pathway Elevation, prepared by GEO Consulting	17/02/2016
Job No:S8500 Sheet: 5-04	B	Pathway Chainage & Longitudinal Section – Part A, prepared by GEO Consulting	17/02/2016
Job No:S8500 Sheet: 5-05	B	Pathway Chainage & Longitudinal Section – Part B,, prepared by GEO Consulting	17/02/2016
Job No:S8500 Sheet: 5-06	B	Boardwalk- Lighting Plan, prepared by GEO Consulting	17/02/2016
Job No:S8500 Sheet: 5-07	B	Boardwalk- Pathway Foundation Details, prepared by GEO Consulting	17/02/2016

SITE SPECIFIC CONDITIONS
Elevated private boardwalk/pathway within the road reserve:
To ensure adequate fall protection to all users, the applicant must provide suitable fall protection and lighting to the proposed private footpath within the road reserve generally in accordance with approved plans and in consultation with the supervising engineer.
The current owners and any subsequent owners of the property serviced by the proposed pathway are responsible for all ongoing maintenance of the footpath and associated fall protection and lighting to ensure their safety to users.
The current owners and any subsequent owners are wholly responsible for all liabilities attributed to the constructed footpath and associated fall protection and lighting (*).
(*) Refer to property notes.
PRIOR TO COMMENCEMENT OF WORKS
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.
A qualified consulting arborist (minimum level 5 AQF) must be engaged for the duration of the works to supervise tree protection prior to, during and following construction in accordance with AS 4970, Protection of trees on development sites.
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 53296244. The pre-start meeting must include the relevant parties for the following aspects of the works:
Arboriculture works.
Civil engineering works.
Prior to requesting a prestart meeting a Tree Protection Bond(*) of $5,000 must be lodged at Council.
(*) Refer to Advisory Note
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must particularly address the following:
Providing Traffic Management during all aspects of the construction including:
Preparing a Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures during the construction phase.
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.
Providing safe parking arrangements for all machinery, appliances and workers during construction phase without adversely impacting on the traffic flows, traffic safety and the availability of parking spaces along the local streets.
No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Any parked trucks must have engines turned off.
Maintenance and protection of water quality of stormwater flows 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 and relevant emergency and public services to advise of agreed construction times, impacts on traffic and delivery of services and other relevant issues.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures

DURING CONSTRUCTION
General
All works shall 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.
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.
Where applicable, any conflict between the development and an existing utility service must be referred to the relevant service authority for determination prior to commencement of works.
The developer must meet any costs to repair damage to any Public or 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 and conditions detailed in this Decision Notice.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
The applicable Australian Standards.
All works associated with permit must be constructed in compliance with relevant standards and such as to not pose a trip or fall hazards to the public and the intended users.
Boardwalk/Pathway Construction
The proposed boardwalk pathway and associated structures including handrails must comply with the following:
The pathway must be constructed in accordance with the requirements of the relevant standards and best engineering practice.
The pathway must be constructed to ensure pedestrian safety using non-slip materials and have an evenly graded surface finish.
Have a minimum distance of 200mm between any existing trees and palms greater than 100mm DBH (Diameter at Breast Height).
Any redundant pathway/s must be removed and areas be reinstated.
Retention of Existing Trees and Vegetation
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.
Rehabilitation after Vegetation Clearing
Rehabilitation of cleared areas must be undertaken immediately following completion of the works and result in the area being stable and revegetated in accordance with this approval.
Stormwater Drainage
The construction of the pathway must not cause adverse impact on the existing drainage conditions by creating additional stormwater ponding or concentrating or directing stormwater runoff on other properties or the road formation.

Where applicable, any proposed surface drainage grate must be located wholly within private property.

Environment (Erosion and Sediment Control)
All reasonable and practicable measures must be taken to prevent or minimise erosion and 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, particular attention must be given to prevent sediment from entering into Council’s stormwater drainage system. 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
Certification by a suitably qualified person (eg Building Certifier, registered engineer) that states that the pathway, landing and fall protection are constructed in accordance with best practice methods and the relevant standards must be submitted to Council. This certification must be submitted to Council prior to the final inspection by Council.

A final inspection and approval of the new driveway and completed frontage and reinstatement works by Council’s Inspector is required.  Please contact Council on 53296244 to arrange for the inspection.

5.	REFERRAL AGENCIES

Not Applicable.

6.	REFERENCED DOCUMENTS

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
As the pathway is a private structure, the property owners and its subsequent owners bear full responsibly for the standard of its construction, maintenance and any liabilities associated with its construction and maintenance. It must be noted that Council will not remove trees or permit the removal of tree in the vicinity to for the pathway/boardwalk for the ongoing use.
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the drawings and survey information 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.
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.
If Council officers are required to undertake additional inspections of the same works, a reinspection fee may apply in accordance with Council’s Fees and Charges register applicable at the time.
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.
Bond
Tree Protection Bond:
May be drawn upon by Council if any trees are damaged to the point where they cannot be saved.
Will be returned upon receiving certification from the site Arborist that approved works have not caused irreparable damage and/or impacted significantly on the health of the trees.
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)

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 Co-ordination Unit on 07 3247 6212  to discuss any obligations under the ACH Act.

8.	PROPERTY NOTES

The following property notes or similar will be placed against the subject property in Council’s property record system:

Owners of the property are responsible for all ongoing maintenance of the private wooden pathway, the associated fall protection (eg railing) and lighting within the road reserve to ensure their safety.    Owners are also wholly responsible for all liabilities attributed to the constructed private stairs, fall protection and lighting.

9.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

10.	FURTHER DEVELOPMENT PERMITS REQUIRED

Not Applicable

11.	SELF ASSESSABLE CODES

Not Applicable.

12.	SUBMISSIONS

Not Applicable.

13.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

14.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

15.	OTHER DETAILS

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

Yours faithfully

Monkeith Kadhum
Development Engineer

Enc:	Approved Plans/Documents
Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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