Minor Change Report OPW22 0104.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW22/0104.01
Development Approval	Development Permit for Operational Works – Drainage Works, Earthworks, Electrical and Street Lighting, Roadworks, Stormwater
Applicant	JNE Developments P/L
Request Received On	7 July 2022 (properly Made 18 July 2022)
Report Reviewed By	Daniel Epps 9 August 2022
Decision Due Date	15 August 2022

PROPERTY DETAILS
Property Address	25 Pavilion St Pomona Qld 4568
RP Description	Lot 4 RP 35077, Lot 4 RP 809059, Lot 21 SP 316902
Land Area	2.993 ha
Existing Use of Land	Rural Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential and Rural
Precinct	Not applicable
Local Area Plan	Not applicable
Overlays	Biodiversity, Bushfire, Flooding
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval for Development Permit for Operational Works – Drainage Works, Earthworks, Electrical and Street Lighting, Roadworks, Stormwater
The locality and proposal plan are included below.

Figure 1 – Locality
background
A development approval for Operational Works – Drainage Works, Earthworks, Electrical and Street Lighting, Roadworks, Stormwater was approved on 3 June 2022.
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
The Noosa Plan 2020.
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new matters prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
Works Codes;
Condition 3
Provide amended plan 21556-C201:”Roadworks and Drainage Plan Sheet 2 of 2”, prepared by TOD Consulting, which includes cut-off drains/bunds at the eastern interface of Lots 1 and 9 to intercept runoff from external properties, including registration of drainage easements over these drains in favour of the upslope properties. The drains/bunds are to be designed to convey the 1%AEP flow from the upstream catchment and are to discharge into a pit connecting to either kerb adaptors to the internal road or the underground stormwater drainage system
Applicant’s Request
We ask for your consideration to delete this condition for the following reasons:
• The requirement for a cut off drain in lot 1 & 9 was removed from the higher order approval - ref RAL 21/0017 condition 29 b).
• The reason the cut off drains were deleted from the higher order was that this condition was originally written when there was retaining walls proposed in this location. It was subsequently agreed by Council that the cut off drains were unnecessary if no retaining walls were proposed.
• A cut off drain in this location will direct overland flows across the road verge and particularly concrete footpath which is likely to result in long term maintenance issues (potentially slippery footpath).
Assessment of Request
The original application was referred to Council’s external stormwater consultant for assessment and conditions. The consultant recommended the condition that is the subject of the change application.
The request to change the condition was also referred to the external stormwater consultant who has provided the following comments:
“I acknowledge that this was previously discussed with the applicant as part of the REC negotiated decision notice and the specific condition relating to this item was agreed to be deleted. However, seeing the full engineering design and final drawings, I was concerned about the impacts of the design. In particular, the fact that the lots have significant east-west grade rather than being flat (with slight fall to the street) means that any issues with upslope external runoff will potentially be exacerbated by the internal lot runoff within the development, until such time as all the lots are built on and the building pads flattened. For example, if Lot 5 is built on before Lots 1-4, then approximately 7,500m2 of upslope catchment will drain towards this lot – which is a very significant area.
Even without this interim issue, the current design relies on future building works on Lots 1 and 9 to deal with the runoff from the upslope external lots. The areas are ~3,500m2 upslope of Lot 1 and ~1,000m2 upslope of Lot 9. While not overly large, these are still significant areas to be managed and it is probably unrealistic to expect builders to appropriately plan for the runoff contributed.
For the above reasons, the plan amendment condition was imposed.
It should be noted that the amendment specifically requires a method for piping flows across the verge, so the applicants concern about flows across the path surface will not be an issue.”
It is recommended, for the reasons mentioned above by the stormwater consultant, that Council refuse to delete the condition
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
Other Referrals
The application was forwarded to the following external experts for review and/or comment:
Stormwater Consultant
conclusion & reasons for decision
The proposed change does not resolve the significant issue of overland flows that is addressed by the condition. The application is therefore recommended for refusal.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. OPW22/0104.01, to make a minor change to an existing approval for Operational Works – Drainage Works, Earthworks, Electrical and Street Lighting, Roadworks, Stormwater situated at 25 Pavilion St Pomona Qld 4568  described as Lot 4 RP 35077, Lot 4 RP 809059, Lot 21 SP 316902, Council on 9 August 2022 decided to:
A.	Refuse to make the change for the following reasons:
1.	The design relies on future building works on Lots 1 and 9 to deal with the runoff from the upslope external lots. The areas, while not overly large, are significant areas to be managed and it is unrealistic to expect future builders to appropriately plan for the runoff contributed by the external catchments
2.	The proposed design changes will result in the development not complying with Overall Outcome (2)(d) and Performance Outcome PO2 of the Earthworks Code

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