Delegated Report - Code - Planning OPW22 0144

Author	Graduate Development Engineer, Daniel Epps
Development Assessment

APPLICATION DETAILS
Application No.	OPW22/0144
Applicant	Millwell Services Pty Ltd
Proposal	Operational Works - Electrical and Street Lighting
Properly Made Date	1 June 2022
Information Request Date	14 June 2022
Information Response Date	21 June 2022
Decision Due Date	09 August 2022
Report Completed Date	23 June 2022
Report Reviewed By	Mark Lewis – 23 June 2022

PROPERTY DETAILS
Property Address	551, 563 & 571 Cooroy Belli Creek Rd Black Mountain Qld 4563
RP Description	Lot 429 MCH 481, Lot 49 MCH 1168, Lot 158 MCH 1321
Land Area	63970.000 m² 73680.000 m² 675400.00 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land, Biodiversity, Waterways and Wetlands, Bushfire, Landslide, Regional Infrastructure (Water Resource Catchment), Koala Habitat Area,
Assessment Type	Code
PROPOSAL
The application seeks approval for an Operational Works - Electrical and Street Lighting.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

site details
Background
The works are required to address a number of the conditions of the higher order approval (RAL20/0020) that relate to property services.
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:
Reconfiguring a Lot Code
The application has been found to generally comply with all applicable statutory instruments
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
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 OPW22/0144 for ab Operational Works - Electrical and Street Lighting situated at 551, 563 & 571 Cooroy Belli Creek Rd Black Mountain Qld 4563 and described as Lot 429 MCH 481, Lot 49 MCH 1168, Lot 158 MCH 1321, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW22/0144
Street address:	551, 563 & 571 Cooroy Belli Creek Rd Black Mountain Qld 4563
Real property description:	Lot 429 MCH 481, Lot 49 MCH 1168, Lot 158 MCH 1321
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Approval for Operational Works - Electrical and Street Lighting
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
19093	A	Proposed Electrical Supply to Proposed 3 Lot Reconfiguration of Lots 429, 49 & 15B Prepared by Millwell Services	16/02/2022
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 23 June 2024, unless an application to extend the currency period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
All necessary approvals from external service providers and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
A condition report including photographs of the frontage of the site must be completed and submitted to council at the prestart meeting / prior to any works commencing.
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:
Electrical reticulation works;
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
Maintenance of safe vehicle and pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures
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 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 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.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice
The relevant conditions of the higher order Reconfiguration of Lot approval viz. RAL22/0020  to which this approval relates
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 Reserve/Reinstatement
Safe vehicle and pedestrian 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.
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.
Damage to Services and Assets
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
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
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.
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, On and Off Maintenance 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.
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.
A minimum maintenance period of 12 months will apply to all municipal works and thereafter until such time as the works are performing in accordance with the approved design unless noted otherwise
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.
property notes
Not applicable.
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