Delegated Report - Code - Planning OPW21 0144 · OPW21/0144

Author	Development Engineer, Laurie Schreck
Development Assessment

APPLICATION DETAILS
Application No.	OPW21/0144
Applicant	Ryan Eric Shane Thomsen
Proposal	Operational Works - Earthworks
Properly Made Date	24 May 2021
Information Request Date	9 June 2021
Information Response Date	7 September 2021
Decision Due Date	22 October 2021
Report Completed Date	24 September 2021
Report Reviewed By	Mark Lewis

PROPERTY DETAILS
Property Address	3 Enterprise St Sunshine Beach Qld 4567
RP Description	Lot 337 RP 168110
Land Area	957.0000 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Bushfire Hazard – Potential Impact Buffer Landslide Hazard Overlay – Moderate and High Hazard Areas
Assessment Type	Code
PROPOSAL
The application seeks approval for an Operational Works - Earthworks.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

site details
Background
This application was required following a complaint after works were completed at the premises. The works included multiple retaining walls in the back yard with substantial fill placed to level the backyard. The imported fill equated more than 10m3 so an Operational Works approval was triggered.
Site Description
The property slopes towards the south-west with retaining walls constructed inside the boundary along the western/south-western sides of the property. Landscaping has been planted between the retaining wall and the property boundary to eventually provide screening to the neighbouring property to the south-west which has the dwelling located against the boundary. To provide additional screening, a 1.2m high timber fence has been proposed to be installed along the top of the retaining wall (the retaining wall has already been constructed).

Surrounding Land Uses

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:
Earthworks Code; and
Water Quality and Drainage Code.
cONSULTATION
Referral Agencies
Not applicable.
Internal Council Referrals
The internal fence on the retaining wall was referred to a Planner for comment. It was advised that given the proposed fence is not a property boundary fence, the 1.2m height is accepted.
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 OPW21/0144 for an Operational Works - Earthworks situated at 3 Enterprise St Sunshine Beach Qld 4567 and described as Lot 337 RP 168110, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW21/0144
Street address:	3 Enterprise St Sunshine Beach Qld 4567
Real property description:	Lot 337 RP 168110
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Earthworks
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
21-039 01	A	Site Location & General Construction Notes Retaining Wall Site Layout Plan as prepared by Structuralinc Consulting Engineers	27 August 2021
21-039 02	A	Existing Sleeper Wall Detail New Fence Post Section Detail as prepared by Structuralinc Consulting Engineers	27 August 2021
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 28 September 2023, unless an application to extend the currency period is approved by Council.
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 constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice;
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines; and
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.
Earthworks and Retaining Walls
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development.
Fall protection must be provided to retaining walls that are over 1m high.
Slope and batters are a maximum grade of:
1 in 4 for grassed areas.
1 in 3 for planted areas
Stormwater Drainage
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (e.g. by blocking or interfering with natural overland flows) and must not cause ponding of water on the subject or neighbouring properties.
Erosion and Sediment Control
Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection Regulation 2019) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
At the completion of the works, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium- to long-term (refer to E&SC Advisory Notes). For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
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.
FOLLOWING CONSTRUCTION
Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying the retaining walls that the works have been constructed in accordance with the Operational Works permit.
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.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
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.
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

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Zones
Low Density Residential
Medium Density Residential
High Density Residential
Tourist Accommodation
MB Major Centre
gm District Centre
mm Local Centre
Neighbourhood Centre
Low Impact Industry
Medium Impact Industry
Recreation and Open Space
BB Environmental Management and Conservation
Community Facilities
mm Innovation
Rural
MH Rural Residential

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