Minor Change Report OPW22/0273.02

               2.     BACKGROUND
               A development approval for Operational Works - Vehicle Crossover was approved on 13 March
               2023.
               The subject works have a lengthy history as the crossover was constructed without approval. The
               property owner has previously submitted 2 other applications that have been withdrawn after
               exhausting time frames and prior to a decision being made (OPW20/0172 and OPW21/0219).
               Council’s concerns with the constructed crossover are due to the blockage of overland flowpaths
               in the verge area. The blockage has the potential to pond water on the road reserve which may
               impact on the road formation but of greater concern is the potential for the ponded water to drain
               into the basement level of the adjoining residence.
               3.     ASSESSMENT
               The subject application (OPW22/0273.01) includes a condition for the rectification works to be
               carried out and accepted by Council no later than 13 October 2023. The specific date was included
               to address concerns with the constructed crossover due to the blockage of overland flowpaths in
               the verge area prior to the commencement of the ‘wet season’ (typically Nov-Jan).
               Council became aware that a change in property ownership had occurred of the subject site.
               Council recognised that it was increasingly unlikely that the works would be completed and
               accepted by Council by 13 October 2023. In the interest of Natural Justice, Council reached out to
               the new property owner to alert them of the impeding breach of condition. As a result, the applicant,
               under the authorisation of the new property owner, requested an extension to the works as he now
               has the financial means to undertake the work.
               After discussions internally and in interest of resolving the outstanding issue, Council considers
               the request to extend Condition 3 reasonable, as the following was provided to Council during early
               negotiations regarding this extension:
               1.     Written owner’s consent from the new owner of No 12 Grosvenor Terrace is provided to
                      Council indicating that they, as the property owner of 12 Grosvenor Terrace, Noosa Heads,
                      agree to the proposed works.
               2.     A written quote (including items (a), (b) and (c) below) and confirmed start- and end-dates
                      for the work by the principal contractor.
               3.     An Uncompleted Works Bond is submitted to, and accepted by, Council. The Uncompleted
                      Works Bond must be 150% of the total value of the works, including, but not limited to: (a)
                      the demolition of the existing vehicle crossover, (b) the construction of the proposed
                      crossover, and (c) the RPEQ supervision and certification. A cost breakdown schedule must
                      be submitted to Council as part of the submission of the Uncompleted Works Bond.
               As a result of the above, Council considers the requested extension to 3 November 2023
               reasonable (as per the written quote prepared by Urban Creations on 10 October 2023). Having
               received an Uncompleted Works Bond and in the interest in resolving the outstanding matter
               described above, it should be noted that Council is highly unlikely to support any further extensions.
               3.1. 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
               •      The Noosa Plan 2020.




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Document Set ID: 22619957
Version: 2, Version Date: 13/10/2023