Delegated Report - Code - Planning OPW22 0163

Author	Graduate Development Engineer, Daniel Epps
Development Assessment

APPLICATION DETAILS
Application No.	OPW22/0163
Applicant	Mark Bain Constructions Pty Ltd
Proposal	Operational Works - Earthworks, Landscaping, Roadworks
Properly Made Date	15 June 2022
Information Request Date	12 July 2022
Information Response Date	13 July 2022
Decision Due Date	31 August 2022
Report Completed Date	16 August 2022
Report Reviewed By	Mark Lewis – 16 August 2022

PROPERTY DETAILS
Property Address	60 Glenridge Dr Cooroibah Qld 4565
RP Description	Lot 47 RP 860577
Land Area	164000.00 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Rural Living Area
Zone	Rural Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Acid Sulfate Soils, Bushfire Hazard, Flood Hazard and Koala Habitat
Assessment Type	Code
PROPOSAL
The application seeks approval for an Operational Works - Earthworks, Landscaping, Roadworks.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan
site details
Background
The proposed works is to address the conditions of the Higher Order Approval: RAL21/0033
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:
Driveways and Parking Code
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The proposed Operational Works application was referred to Council’s senior environmental officer, Amanda Turner, who provided the following comments:
The Operational Works (OPW) application includes Landscaping and Rehabilitation works due to being a conditioned requirement of the higher order RAL21/0033. The development is to be staged with this application relating to Stage 1 - Lot 8 which requires rehabilitation to be installed prior to sealing of the survey plan for Stage 1 (RAL condition 13). Rehabilitation works is conditioned to be in accordance with a Vegetation Management and Covenant Area Rehabilitation Concept plan. The RAL conditions includes Vegetation Protection Covenants and bushfire requirements across all proposed lots. The OPW application is supported and includes the required Vegetation Management and Covenant Area Rehabilitation Concept plan which meets all conditions within the RAL.
Relevant conditions have been included.
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 OPW22/0163 for an Operational Works - Earthworks, Landscaping, Roadworks situated at 60 Glenridge Dr Cooroibah Qld 4565 and described as Lot 47 RP 860577, it is recommended the application, which contains works as part of Stage 1, be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW22/0163
Street address:	60 Glenridge Dr Cooroibah Qld 4565
Real property description:	Lot 47 RP 860577
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 - Earthworks, Landscaping, Roadworks
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
21598-01-C003	B	STAGE 1 PROPOSED CIVIL WORKS Prepared by TOD Consulting	13/07/2022
21598-01-C004	B	STAGE 1 PROPOSED CROSS SECTIONS & FUTURE ROAD LONGITUDINAL SECTION Prepared by TOD Consulting as annotated by Council	13/07/2022
RP01 – RP05	A	Stage 1 Vegetation Management and Covenant Area Rehabilitation Plan Concept v1 Prepared by North Coast Environmental Services	14/06/2022
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 16 August 2024, unless an application to extend the currency period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Prior to requesting a prestart meeting:
Provide to Council a Rehabilitation Works Bond* of $30,000 as required per RAL21/0033 Condition 16.
Tree protection fencing must be installed under the supervision of the Project Arborist. (Refer to Retention of Existing Trees Conditions).
*(Refer to Advisory Note)
Engineering
All necessary approvals from external service providers (e.g. Telstra) 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:
Civil engineering works;
Rehabilitation works;
Landscape works;
Fauna Management works; and
Other relevant parties
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 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
The transport routes for the haulage of material between these two sites must be identified and approved by Council.
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
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
General
Where damage occurs to any Council asset as a result of the development works, it must be repaired immediately where it creates a hazard that presents risk to person or property. Other damage must be repaired prior to completion of works.
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. RAL21/0033  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.
All frontage works must match neatly with existing road and verge/footpath features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Site Access and Driveways
Driveway crossovers must be constructed in accordance with council’s Standard Drawings RS-056 and any associated addendum.
The following must be complied with during the construction of the required crossover/driveway:
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete.
The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties
Underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway
Where there is an existing pedestrian path, a matching crossfall must be provided for the driveway on the alignment of the path, for the full width of the path
The property access must be located a minimum of 1m clear of existing power poles, streetlights or other signage. The developer is responsible for any necessary relocation of existing services to provide this clearance and must contact the relevant service authorities and comply with their requirements in relation to these works.
Earthworks
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with Section 8 of the Standard. Test results as required by AS 3798, and a certificate of quality and uniformity of fill must be provided by a RPEQ and submitted to Council prior to Council signing the Plan of Survey.

Slope and batters are a maximum grade of:
1 in 6 where in proximity to waterbodies
1 in 4 for grassed areas.
1 in 3 for planted areas
1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
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).
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.
Sediment and erosion control measures must be in place prior to works commencing. If such measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such fines can be issued if sediments from the site are found to enter or have the potential to enter Council’s stormwater system, natural waterways, any downstream stormwater filtration system or adversely impacting on other properties.  The sediment and erosion control design and measures have NOT been approved, it is the site's Supervising Engineer who is responsible for ensuring that the sediment and erosion control measures have:
Been duly designed by an RPEQ or CPESC and constructed in accordance with "best practise" methods,
Been revised by an RPEQ or CPESC to address the issues raised by changes in the projected construction schedule and/or methods,
Been revised to address predicted rainfall events, and
Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be found inefficient.
The erosion and sediment control measures must be designed, installed and maintained in accordance with the supervising engineer instructions and the current best practice standards * (Refer to Advisory Note).
The developer must ensure sediment does not leave the site or enter onto adjoining properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or machinery. It is essential to implement appropriate approved erosion and sediment control measures throughout the site during all phases of construction including vehicle shakedown pad/grid (or similar) at the access to the construction site. Where sediments or other contaminants are deposited on a road, they must be removed so as not to enter Council’s drainage system or waterways.
Prior to the completion of the development and commencement of use, 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. 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.
VEGETATION PROTECTION
Retention of Existing Trees and Vegetation
No vegetation is authorised for removal within the Stage 1 area other than pest removal.
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.
Land Rehabilitation
Rehabilitation must:
Be undertaken in accordance with the Approved Stage 1 Vegetation Management and Covenant Area Rehabilitation Concept plan.
Be installed prior to plan sealing.
Result in the area being stable, landscaped and revegetated.
Be established with landscaping and revegetation works undertaken by a qualified person*.
*(Refer to Advisory Note)
Plant Pest Management
A qualified person* must manage plant pest (weeds) to:
Ensure plants listed as Class 1 and 2 declared pests within Council’s Pest Management Plan are controlled and prevented from spreading.
Oversee management techniques that minimise regrowth, prevent damage to non-target species, retain conservation values and maintains site stability.
*(Refer to Advisory Note)
Landscaping Works
Landscape works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice.
(* Refer to Advisory Note)
Public amenity trees* must:
Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC).
Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines.
Be located from services and infrastructure a minimum of:
6m from electricity poles and pillars.
4m from street lighting.
2m from stormwater catchment pits.
2m from any adjoining driveway.
*(Refer to Advisory Note)
Turfed areas must be must be free of pest, diseases and weeds and level with adjoining surfaces.
Fencing
Fencing must:
Be in accordance with RAL21/0033 conditions and this approvals approved Fencing Plan – Stage 1 (Stage 1 Vegetation Management and Covenant Area Rehabilitation Concept plan).
Be located wholly within lot boundaries.
Have a design life commensurate with the new buildings.
Not include CCA (copper chrome arsenic) timber products.
Bushfire Management
A qualified person* must be engaged for the duration of the works to ensure:
Works are carried out in accordance with the RAL21/0033 approved Bushfire Hazard Assessment and Management Plan.
Covenant area boundaries are clearly delineated on the ground with non-perishable and fire resistant markers at all covenant bends (20m intervals along the covenant boundary).
FOLLOWING CONSTRUCTION
Bonds
Bonds must:
Meet the requirements of the relevant Council Planning Scheme Policy for performance and uncompleted works and RAL21/0033 condition 16.
Be requested for release by writing to Council, when relevant approval requirements have been met.
Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
Prior to commencement of use the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping and Rehabilitation certification confirming all works have been constructed in accordance with conditions of approval.
NATSPEC certification (Specifying Trees: a guide to assessment of tree quality addressing each specimen).
(* Refer to Advisory Note)
A final inspection and approval of the new driveway and completed reinstatement works by Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the inspection.
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
As this driveway is a private structure, the owner bears full responsibly for the standard of its construction, maintenance and any liabilities associated with its construction. It is recommended that professional advice be sought for the construction of the driveway to ensure that the driveway is constructed in accordance with standard drawings RS-056 and any associated addendum.
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.
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
Retention of Existing Trees
The existing trees on adjoining properties must be retained and protected during construction wherever achievable. To avoid doubt, this advisory note is not intended to exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following construction of the development which is the subject of this development approval.
Qualified Person
Qualified Person, for the purpose of:
Supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three years current experience in the field of landscape design.
Undertaking rehabilitation construction and establishment works is considered to be a person with five years current experience in revegetation and regeneration.
Undertaking, supervising tree works and preparing arboriculture certification, is considered to be a person with a minimum three years current experience in tree protection, hazard identification/mitigation and Specifying Trees – a guide to assessment of tree quality (NATSPEC) assessment and either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.

Landscape Works
The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges Register where:
An inspection revealed that any constructed rehabilitation/landscape works do not comply with the conditions of the Decision Notice, Approved Plans and or Approved Documents
Certification is submitted to Council falsely stating that works comply with the approved plans, documents and or conditions of the Decision Notice.
Public amenity trees are defined as any tree located within public streets, parks or areas that will become publically owned as a result of this development.
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.
Erosion and Sediment Control
Accepted best practice standards include International Erosion Control Association Australasia Best Practice Erosion and Sediment Control
Qualified Person, for the purpose of erosion and sediment control is a Certified Professional in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional Engineer of Queensland (RPEQ).
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the plan sealing inspection:
Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual; and
Stormwater runoff from the site is not currently, and is not likely to result in visible evidence of sedimentation or erosion, or lead to water contamination.
property notes
Bushfire Management
Buildings constructed as a result of the development approval must be wholly located within the nominated building envelope shown on the approved reconfiguration plan and constructed to meet the recommendations of the approved Bushfire Assessment Report against AS 3959, Construction of buildings in bushfire prone areas.
The owner is advised to access the ‘Bushfire Awareness Package’ including a copy of the approved Bushfire Assessment Report and the Bushfire Prepared Communities brochure or latest equivalent prepared by the Queensland Fire and Rescue Service (available online at www.fire.qld.gov.au).
Vegetation Conservation
The lot purchaser is advised that a Statutory Covenant is registered over the land for the purpose of vegetation conservation to protect native fauna and flora. The lot owner or any potential purchaser should familiarise themselves with the requirements of the covenant and ensure all requirements have been met prior to purchase or resale of the land.
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.

Enc:	Appeal Rights
Referral Agency Response
List of Submitters
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Referral Info - SARA details Insert Autotext SARA (F3) – otherwise delete

[word/footer1.xml]
Page 12 of 12

[word/header1.xml]
3

[word/header2.xml]
DEVELOPMENT ASSESSMENT DELEGATED REPORT