Delegated Report OPW16/0118

DELEGATED REPORT
PLANNING ASSESSMENT BRANCH

REQUEST FOR NEGOTIATED DECISION NOTICE

Application no:	
	
Author:	Conor Neville -
	
Project Director:	Mark Lewis - Coordinator Engineering
	

SUMMARY:

APPLICATION DETAILS
Application Number:	OPW16/0118
Applicant:	The Retreat Peregian Cts 23218
Representations Received Date:	
Original Approval Type:	Development Permit for Operational Work (Landscaping)
Number of Submissions for Original Application:	

PROPERTY DETAILS
Division:	
Property Address:	Retreat Peregian 390 David Low Way PEREGIAN BEACH  QLD  4573
RP Description:	GTP 102586
Land Area:	5914.0000 Square Metres
Existing Use of Land:	Resort

STATUTORY DETAILS
SEQRP Designation:	
Planning Scheme:	The Noosa Plan (16 September 2013)
Strategic Plan Designation:	
Planning Area / Locality:	No planning area defined
Planning Precinct / Zone:	
Assessment Type:	Code

BACKGROUND:

A Development Permit for Operational Work (Landscaping) was issued on 19 August 2016. The intent of the application was to provide landscaping entry walls to replace some existing bollards at the entrance to the site. Council’s infrastructure section was not supportive of the wall extending into the road reserve due to potential issues with services, maintenance and the potential for signage to be placed on the wall. Conditions limiting the construction to inside the property only were included in the decision notice.

The applicant made representations on 24 August 2016 to the development approval conditions.  The representations are detailed below but primarily relate to seeking approval for those parts of the walls within the road reserve.

ASSESSMENT:

An assessment in relation to each of the submitted representations is provided below.

Condition 2
Works are only approved to the extent the works are located within or on the property boundary except vegetation works to secure adequate sightlines. No works are approved on the road reserve, except vegetation works to secure adequate sightlines.

Applicant’s Representation

We thank you for the approval, accept and understand the assessment managers conditions with the exception of Condition 2:

As is evidenced by the original application for a request to replace existing damaged bollards, which are
1: Predominately on Council Land
2: Rotten, not structurally sound and therefore questionably performing their purpose as a crash barrier.
3: Containing splintered wood which poses a significant safety issue for pedestrians.
4: Unsightly and aged, within the entrance of a significant tourism industry accommodation provider. This needs to be considered as extremely important for the sustainability of the Noosa region. As council is aware this industry brings the most significant income to the area and thus needs to be maintained at a high standard to meet global expectations and continue to attract overseas and interstate guests.

There are only half of the bollards within our property boundary, which are significantly less damaged than those on council property. It would be purposeless to replace the ones within our property boundary without a similar design and layout for the ones on council land.
It is for this purpose that the original application was submitted.

Therefore we request Council to provide an urban design that incorporates the safety of vehicular and pedestrian traffic that will replace the original damaged structures. We are more than open to work with the council department of infrastructure to ensure a complimentary urban design that will meet the criteria of the Noosa Design Principles

Assessment of Representation

Upon receipt of the representations further meetings were held with Infrastructure Services to discuss the site specific issues. It was decided that provided that the walls provided a necessary safety barrier that they could be supported with some additional conditions regarding maintenance and signage.

A site inspection and meeting with the applicant was held and it is evident that a significant drop in level occurs between the entrance driveway and the adjacent units and some form of barrier is required in additional to the vegetation. The issues were discussed with the applicant and the applicant indicated that they would be willing to accept the additional conditions regarding services signage and maintenance if Council would permit the construction of the full extent of the wall.

In order to support the representations it is also necessary to change Condition 1 and amend the approved plans and table.

Recommendation

It is recommended that Condition 2 be amended as shown below.

Works are only approved to the extent shown on the approved plans. Sightlines to pedestrians and vehicles as described in AS/NZS2890.1:2004 must be provided in David Low Way

Change Condition 1 to read as follows:

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, amended by these conditions.

Plan No.	Rev.	Plan/Document Name	Date
Sheet 1 of 3	N/A	390 David Low Way, prepared by Mark Skinner	Undated
Sheet 2 of 3	N/A	390 David Low Way, prepared by Mark Skinner	Undated
Sheet 3 of 3	N/A	390 David Low Way, prepared by Mark Skinner	Undated
2016045-rpt001		Sight Distance report, prepared by 360 Civil Consulting P/L	July 2016

Include the following additional conditions:

The walls must constructed with materials similar to the materials of the existing adjacent retaining walls in David Low Way and within the site.

No signage or other advertising device is to be attached to the walls.

The walls are private owned works and must be designed and constructed in accordance with the relevant standards.  Structural integrity and maintenance of the walls will remain the responsibility of the property owner/developer

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 works
A Construction Management Plan must be submitted to Council at least 5 working days prior to the pre-start meeting. The plan must address the following:
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 both during daily construction and after daily construction has ceased.

RECOMMENDATION

AGREE to the representations submitted in relation to Application No. OPW16/0118, situated at Retreat Peregian 390 David Low Way PEREGIAN BEACH  QLD  4573 , and issue a Negotiated Decision Notice in accordance with the following:-

A.	Change Conditions 1 and 2 to the following:

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, amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
Sheet 1 of 3	N/A	390 David Low Way, prepared by Mark Skinner	Undated
Sheet 2 of 3	N/A	390 David Low Way, prepared by Mark Skinner	Undated
Sheet 3 of 3	N/A	390 David Low Way, prepared by Mark Skinner	Undated
2016045-rpt001		Sight Distance report, prepared by 360 Civil Consulting P/L	July 2016

Works are only approved to the extent shown on the approved plans. Sightlines to pedestrians and vehicles as described in AS/NZS2890.1:2004 must be provided in David Low Way

B.	Include the following additional conditions 6, 7, 8, 9, 10 and11:-

6.	The walls must constructed with materials similar to the materials of the existing adjacent retaining walls in David Low Way and within the site.

7.	No signage or other advertising device is to be attached to the walls.

8.	The walls are private owned works and must be designed and constructed in accordance with the relevant standards.  Structural integrity and maintenance of the walls will remain the responsibility of the property owner/developer

9.	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.

10.	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 works

11.	A Construction Management Plan must be submitted to Council at least 5 working days prior to the pre-start meeting. The plan must address the following:
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 both during daily construction and after daily construction has ceased.

REPORT COVER SHEET
PLANNING ASSESSMENT BRANCH

Application no:	OPW16/0118
	
Author:	Conor Neville
	
manager:	Mark Lewis
	

TO BE COMPLETED BY MANAGER / REPORT AUTHOR:

Is the application required to be decided by the Iconic Panel?:	Yes     /     No
Is referral required to the Councillor Delegated Sign Off Mailbox?:	Yes     /     No
Has a site inspection been undertaken?:	Yes     /     No
Has Infrastructure Policy Branch been notified and a request for an Infrastructure Contributions calculation been made?:	Yes     /     No

Material to give to the Project Director

□	A copy of any previous edited version of the report
□	Plans and documents recommended to become Approved Plans and Documents
□	Location plan / aerial photographs at appropriate scales
□	Copy of all specialist advice and/or memos (or alternatively tagged in the file)
□	Site photos (where obtained)
□	Copy of all referral agency responses (or alternatively summarised in the body of the report)
□	Copies of all adjoining approvals and past approvals for the site as may be relevant

OFFICER	MANAGER

Signature:	Signature:
	
Position:	Position:  Coordinator Engineering
	
Date:	Date:       27/9/2016

TO BE COMPLETED BY PROJECT DIRECTOR:
(Note: to be signed after the Councillor Delegated Sign Off referral process is completed (where applicable))

I exercise delegation in accordance with the delegations adopted by Council on <:

Signature:	Date:
	
MANAGE

[Attachment: image1.png (image text)]
 
 
 

 
 
 

a
mm

  

NOOSA
COUNCIL