Delegated Report - Code - Planning OPW22 0013

Author	Development Engineer, Diogo Carrico
Development Assessment

APPLICATION DETAILS
Application No.	OPW22/0013
Applicant	Christina Pearl Caple TTE
Proposal	Operational Works – Vehicle Crossover
Properly Made Date	11 January 2022
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	15 March 2022
Report Completed Date	16 February 2022
Report Reviewed By	Mark Lewis

PROPERTY DETAILS
Property Address	371 Gumboil Rd Lake Macdonald Qld 4563
RP Description	Lot 8 RP 215096
Land Area	103700 m²
Existing Use of Land	Rural Residential

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Overlay; Biodiversity; Riparian Buffer; Bushfire; Landslide; Regional Infrastructure (Water Supply Pipeline); Koala Habitat Area
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works – Vehicle Crossover.
site details
Background
The subject application follows up on the requirements of higher order approval DBW21/0172. It seeks retrospective approval of the driveway as built.
A site inspection on 19 January 2022, confirms that the required driveway is suitable for its intended purpose, having been built to a safe and functional standard, and in accordance with the conditions of the higher order approval – no further works are required.
Site Description

Surrounding Land Uses

Photos of Driveway

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
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 OPW22/0013 for Operational Works – Vehicle Crossover situated at 371 Gumboil Rd Lake Macdonald Qld 4563 and described as Lot 8 RP 215096, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW22/0013
Street address:	371 Gumboil Rd Lake Macdonald Qld 4563
Real property description:	Lot 8 RP 215096
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works – Vehicle Crossover
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
		Photos as submitted as part of the application material	
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 15 February 2024, unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITIONS
The subject property owner is responsible for all required driveway maintenance works in order to ensure that it generally complies with council’s standard drawing RS-056 at all times.
GENERAL CONDITIONS
The integrity and condition of any existing public or Council infrastructure and services (above ground and/or underground) must not be adversely affected by the development.
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.
All works must be maintained 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;
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 Reserves
No removal of street trees is permitted without Council’s prior written approval.
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should road closures be necessary to carry out maintenance works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
All works must match neatly with existing road and verge features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Stormwater Drainage
The constructed driveway must not cause additional ponding on the road formation or the road reserve.
Environment (Erosion and Sediment Control)
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) 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.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards (refer to advisory notes).
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 drawing RS-056.
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.
Erosion and Sediment Control
Accepted best practice standards include International Erosion Control Association Australasia Best Practice Erosion and Sediment Control
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
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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