Delegated Report - Code - Planning OPW22 0061

Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW22/0061
Applicant	Kaylene Mary Cameron, Donald James Colston
Proposal	Operational Works - Vehicle Crossover
Properly Made Date	28 February 2022
Information Request Date	28 March 2022
Information Response Date	14 November 2022
Decision Due Date	25 January 2023
Report Completed Date	23 January 2023
Report Reviewed By	Daniel Epps

PROPERTY DETAILS
Property Address	24 Currawong Cres Peregian Beach Qld 4573
RP Description	Lot 368 P 93115
Land Area	668.0000 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Acid Sulfate Soils, Biodiversity, Bushfire
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works - Vehicle Crossover (platform). The application seeks approval for the renovation to an existing timber parking platform and an extension to the platform
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan
site details
Background
The works to renovate and extend the platform within the road reserve came to the attention of Council’s Local Laws officers and as a result of a notice, the subject application was submitted.
The applicant suggests that the original platform has been in place since 1986 with a previous renovation completed in 2003. Council has no record of any previous approval.
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;
The significant issue with the proposal is that the platform structure is located within the road reserve. This creates potential issues with risk and liability. The comments and recommendations from the business and property section are as follows:
Generally speaking, as existing historic encroachments onto Council managed roads are identified it is Councils preference for the property owner to rectify the encroachment and retreat back to within the property boundary. We would not be supportive of further formalisation of the encroachment by approving a renewal/upgrade/extension of the structure.
However, in reviewing the information provided, and acknowledging that the structure is relatively minor in nature and be considered to unlikely result in significant risk (financially or public liability) for the community or Council and has been in place for some time now we (property) would be satisfied with the structure remaining as is, so long as it is safe for use, subject to the following:
It is the encroaching owner’s responsibility to provide a survey from a registered surveyor to define the encroachment(s) and the area of the encroachment(s).
A property note will be attached to the property ID in Council’s Property & Rating management system identifying your property as having an encroachment onto the road, noting that Council reserves it's right to direct the owner to remove the structure at any time without reason or compensation payable. This notice is searchable and is included in standard Property Searches undertaken as part of pre purchase due diligence process if the property is to be sold.
Any decision by Council to take no action at this time does not formalise the encroachment nor does it constrain Council from taking other action, including but not limited to requiring the property owner to obtain a permit to cover the structure and take out necessary public liability insurance over the structure nor does this overrule any subsequent request by public utility provides for the removal of the infrastructure to have unencumbered access.
The Infrastructure section, through assets, have advised that they are in support of the Business and Property recommendations.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Business and Property
Infrastructure (assets and design)
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 OPW22/0061 for a Operational Works - Vehicle Crossover situated at 24 Currawong Cres Peregian Beach Qld 4573 and described as Lot 368 P 93115, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW22/0061
Street address:	24 Currawong Cres Peregian Beach Qld 4573
Real property description:	Lot 368 P 93115
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 (platform)
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
T21862-DWY	H	Proposed Renovations Driveway in Road Reserve prepared by the applicant	22 December 2022
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not been completed by 20 January 2025, unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITIONS
To advise prospective purchasers the following property note or similar will be added to Council’s rates records for 24 Currawong Crescent (Lot 368 P93115)
The carparking platform at the front of the site encroaches onto the road reserve. Council reserves it's right to direct the owner to remove the structure at any time without reason or compensation payable.
A site control and/or compliance bond of $2000 is to be submitted to Council prior to the works commencing.
GENERAL CONDITIONS
Engineering
Prior to works commencing the property owner must advise Council of the principal contractor. The principal contractor must have all the appropriate insurance and public liability documentation to carry out the works. The principal contractor is also responsible to ensure that any subcontractors also have the appropriate insurance and public liability documentation. Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the works being undertaken.
Any change to the 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
Engineering
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 proposed works
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
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 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 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.
Driveways
Any existing unnecessary or redundant property accesses must be removed, and the kerb, footpath and verge area reinstated to match the existing footpath and/or verge treatments. Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed or turf, and must be maintained by the developer until established.
The design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the works will remain the responsibility of the property owner/developer.
Stormwater Drainage
The constructed works 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 work site or to waters within the area, 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.
The principal contractor must ensure non-essential exposure of soil is prevented by restricting the extent of works and minimising the duration of soil exposure to adverse weather conditions. Exposed areas must be suitably covered/stabilised/reinstated as soon as practicable and prior to any predicted rainfall occurring.
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).
FOLLOWING CONSTRUCTION
Within 1 month of the completion of the works the applicant must prepare a metes and bounds plan indicating the full extent of the structures within the road reserve. The plan must be prepared by a Registered Cadastral Surveyor (QLD) and submitted in both hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates.
A final inspection and approval of the new works and completed reinstatement works by Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the inspection.
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the requirements of this Operational Works permit and are safe for the intended use.
Bonds
The bond will be refunded less any costs incurred by Council in ensuring compliance with these conditions or any additional inspections incurred for substandard work or work undertaken not in accordance with this permit.
Bonds must:
meet the requirements of council’s relevant Planning Scheme Policy for performance and uncompleted works.
be lodged with Council and accompanied by the Bond Administration Fee/s.
be requested for release by writing to Council, when relevant approval requirements have been met.
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:
Site Specific Advisory Note
The decision by Council to take no action at this time does not formalise the encroachment nor does it constrain Council from taking other action, including but not limited to requiring the property owner to obtain a permit to cover the structure and take out necessary public liability insurance over the structure nor does this overrule any subsequent request by public utility provides for the removal of the infrastructure to have unencumbered access.
General Advisory Notes
As the works (platform) are 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 works (platform)
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.
Inspections
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.
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
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.

property notes
The following property notes will be placed against the subject property in Council’s property record system:
To advise prospective purchasers the following property note or similar will be added to Council’s rates records for 24 Currawong Crescent (Lot 368 P93115)
The carparking platform at the front of the site encroaches onto the road reserve. Council reserves it's right to direct the owner to remove the structure at any time without reason or compensation payable.
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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