Delegated Report - Code - Planning OPW18 0253 · OPW18/0253

Author	Monkeith Kadhum - Engineer
Development Assessment

APPLICATION DETAILS
Application No.	OPW18/0253
Applicant	CBD Settlers Cove Pty Ltd
Proposal	Operational Works – Roadworks Driveway and Carparking
Properly Made Date	3 October 2018
Information Request Date	Not Required
Information Response Date	N/A
Decision Due Date	05/12/2018
Report Completed Date	04/12/2018
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	12 Serenity Cl Noosa Heads Qld 4567
RP Description	Lot 7 SP 195871 Lot 8 SP 195871
Land Area	6873 m² 6573 m²
Existing Use of Land	Vacant land
PROPOSAL
The application seeks approval for Operational Works – Driveway and Carparking
site details
Background
The higher order approval MCU16/0143.01. This OPW application related to Driveway and Carparking, also, to include assessment of a Bushfire Information Kit as it is required by the conditions of the MCU 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
The Noosa Plan.
cONSULTATION
Referral Agencies
Not Applicable
Other Referrals
The application was forwarded to the following internal Council officers:
Landscape/Ecology Specialist
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 OPW18/0253 for Operational Works – Driveway and Carparking situated at 12 Serenity Cl Noosa Heads Qld 4567 and described as Lot 7 SP195871 and Lot 8 SP195871, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW18/0253
Street address:	12 Serenity Cl Noosa Heads Qld 4567
Real property description:	Lot 7 SP 195871 Lot 8 SP 195871 (Also these lots currently known as Lot 100 SP305332)
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works – Driveway and Carparking
CURRENCY PERIOD of approval
The currency period for this development approval is 2 years starting the day that this development approval takes effect.
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
A6107/18/R01	-	Roadworks Overall Site Plan and Notes, prepared by ALTA Engineering	May 2016
A6107/18/R02	A	Roadworks Layout Plan, prepared by ALTA Engineering	03/10/2018
A6107/18/R03	A	Driveway Ramp Long Sections, prepared by ALTA Engineering	03/10/2018
A6107/18/R04	-	Roadworks Details, prepared by ALTA Engineering	May 2016
SITE SPECIFIC CONDITIONS
The applicant must ensure that the proposed civil works associated with this Operational Works approval are consistent with the layout and details (eg the approved building forms, Gross Floor Area, etc) of the higher order approval (MCU16/0143.01 or as amended) and related approvals.
Prior to the lodgement of an application for plan sealing or the commencement of use, an amended Greentape Solutions Bushfire Information Kit for the Covenant Area Version C, dated 03/10/2018 must be submitted and endorsed by Council which includes the following items:
Revise title of document to include fuel control area outside of covenant area as per figure 2 of the document.
Reference to the terms of the covenant and the management in accordance with the covenant.
Revise page 3 mid page to state “As per Council’s approval, the covenant area shall be:”
Revise references to newly amalgamated plan.
Revise section 2.1 to exclude third dot point “fire break track” as this is not part of the covenant.
Revise section 2.1.1 to refer to 3m fuel control area adjacent to covenant boundary on the building side as per figure 2 of the document.
Revise section 2.1.1 to include the 2.5m fuel control area within the covenant area adjacent to the boundary between the building area and the covenant as per figure 2 of the document.
Amend the first paragraph on page 5 to include existing trees on the site.
Fourth dot point on page 5 introduces a new density requirement from the approved FMP which is not supported by any referenced document. Can lead to localised erosion and stability issues. Amend this density requirement.
First paragraph page 6 is not supported by the approved management plans. Amend to refer to fuel control areas.
Remove section 2.1.3 Fire Break, no relevance to this area
Section 2.2 covenant area at ALL times should be free off rubbish per covenant item 5.4
Section 2.3 covenant area at ALL times should be controlled for weeds as per covenant item 5.3
Need to include a heading which requires Council consent to cut or trim vegetation within the covenant area as per covenant item 5.6
Page 9 Section 4 Implementation Plan – amend to include above listed changes.
Page 10 References does not include Greentape Solution Fauna Management Plan whereas referenced in text on page 3 – amend where necessary
Appendix 1 Fire –retardant Flora species omits Acronychia imperforata contrary to the approved Landscape Plan – amend appendix to include Acronychia imperforata
PRIOR TO COMMENCEMENT OF WORKS
Engineering
All necessary approvals from external service providers (eg Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council. In particularly Unitywater written endorsement/approval in relation to any required adjustment to the sewer manhole cover within the proposed driveway.
A condition report including photographs of the frontage of the site including existing concrete pathway and kerb line.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council at 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 6245. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Erosion and sediment control works;
Other relevant parties
A Construction Management Plan must be submitted to Council prior to requesting the pre-start meeting and must specifically address the following:
Works programme identifying key components of the works and their respective durations.
A Traffic Management Plan during all aspects of the construction 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 the commencement of works.
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Proposed fencing to the site during the construction phase of the development
Adequate parking arrangements for construction workers, appliances and trucks.
No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures, in compliance with the relevant standards and the conditions of this permit.
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of construction times, impacts on traffic and services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
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
Engineering - General
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 and conditions detailed in this Decision Notice
The relevant conditions of the higher order Material Change of Use approval Ref. MCU16/0143.01 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
Driveway and Carparking
Driveway crossover must be constructed generally in accordance with the approved plans and IPWEA Standard Drawing R051.
Any existing unnecessary or redundant property driveway crossover 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 following must be complied with during the construction of the required crossover/driveway:
The driveway must be in accordance with the requirements of AS2890.1 Off-Street Car Parking for longitudinal and crossfall gradients.
The driveway must be constructed so as to not concentrate or direct stormwater runoff onto neighbouring properties.
Underground service conduits for water supply, electricity and any other services sould normally be provided as part of the access driveway.
Where there is an existing or proposed pedestrian path, a matching crossfall must be provided for the driveway on the alignment of the path, for the full width of the path.
Have a minimum clearance of 500mm from any Unitywater/Energex/Telstra asset, unless a written approval is obtained from Unitywater/Energex/Telstra and submitted to Council.
Any existing kerb sections requiring removal due to the works must be saw-cut and removed to allow for a smooth and neat finish with the new driveway.
Any proposed surface drainage grated pit or channel must be located wholly within private property.
Carparking areas must be constructed and line-marked generally in accordance with the approved plans and in compliance with the relevant sections of Australian Standards, AS 2890.1 and AS 2890.2.
Pavement Design and Construction
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve/Reinstatement Works
Safe 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.
Any damaged concrete pathway, landscaping and kerb & channel must be repaired and rectified at the completion of the works to the reasonable satisfaction of Council.
Electrical conduits or other services proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Any required street surfacing repair must consist of a minimum depth of 30mm of an approved hot mixed asphaltic concrete.
Earthworks and Retaining Walls
All earthworks undertaken in association with the approved works of this permit must be carried out accordance with the approved plans, the relevant conditions and approved plans  of permit ref: OPW18/0155, and 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, and to a minimum of ‘Level 1’ as defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and uniformity of fill shall be provided by a RPEQ and made available to Council if requested.
Fall protection must be provided to any retaining walls and accessible structures that are over 1m high.
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 (eg by blocking or interfering with natural overland flows).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
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 E&SC Advisory Notes).
Limit soil exposure on the site to a distance of no more than 2m beyond the extent of earthworks shown on the approved plans except where the exposed soil is effectively stabilised without delay and prior to rainfall occurring.
Prior to the completion of the development, 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 that the works have been constructed in accordance with the Operational Works permit.
On Maintenance
All municipal works (including any repairs to frontage works) must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to plan sealing. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
Certification that all works have been undertaken and completed in accordance with the applicable standards and/or the requirements of this Permit.
As Constructed details in accordance with Council’s Planning Scheme Policy, if applicable.
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection.
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
A Council inspection reveals works do not comply with the applicable standards.
A final inspection and approval of the completed reinstatement works by Council’s Inspector is required. Please contact Council on 5329 6245 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
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 6245 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
It should be noted prior to arranging a pre-start meeting the Right of Appeal Period of 20 business days should have been passed or the applicant has have confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
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 reinstatement works of municipal assets and thereafter until such time as the works are performing in accordance with the approved design unless noted otherwise.
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:
the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2 or other superseding document subsequently adopted by Council;
Best Practice Erosion and Sediment Control, International Erosion Control Association (2008)
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.
Council Officers may take the following matters into consideration in determining whether the site is capable of achieving medium to long-term stability:
evidence that the site has been effectively stabilised in the short term;
evidence that soil has been adequately ameliorated;
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