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Delegated Report - Code - Planning OPW23 0120 · OPW23/0120
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Graduate Development Engineer, Daniel Epps
Development Assessment
APPLICATION DETAILS
Application No. OPW23/0120
Applicant Edward Street Developments Pty Ltd
Proposal Operational Works - Earthworks, Frontage Work, Landscaping,
Stormwater, Vehicle Crossover
Properly Made Date 7 August 2023
Information Request Date 21 August 2023
Information Response Date 30 August 2023
Decision Due Date 19 October 2023
Report Reviewed & Mark Lewis – 28 September 2023
Finalised By
PROPERTY DETAILS
Property Address Kingston 23 Edward St Noosaville Qld 4566
RP Description GTP 492, Lot 1 GTP 492, Lot 2 GTP 492
Land Area 160.0000 m²
226.0000 m²
227.0000 m²
Existing Use of Land Residential
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential
Precinct Not Applicable
Local Plan Area Noosaville Local Plan
Overlays Acid Sulfate Soils, Flood Hazard
Assessment Type Code
Document Set ID: 22566667
Version: 6, Version Date: 03/10/2023
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1. PROPOSAL
The application seeks approval for a Operational Works - Earthworks, Frontage Work,
Landscaping, Stormwater, Vehicle Crossover.
The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Site Plan
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2. SITE DETAILS
2.1. Background
The proposed works sets out to address the conditions of the higher order approval MCU22/0174.
2.2. Site Description
The subject site is located along Edward Street, Noosaville. Edward Street is serviced by a 6.0-
metre-wide sealed road and pedestrian footpaths along both sides of the road. The road reserve
is uncharacteristically narrow (1.5 – 1.7m).
3. ASSESSMENT
The proposed development includes the construction of a vehicle crossover and footpath as well
as landscaping and earthworks. The proposed works has largely been assessed as part of the
higher order approval (MCU22/0174).
The site is constrained due to the narrow verge width which prevents a standard driveway
crossover and footpath from being constructed. Non-standard driveway and footpath layouts have
been proposed to ensure that both pieces of infrastructure are functional and safe for their intended
use. Given the constraints, this is considered acceptable.
Engineering believe that the proposed development can achieve relevant compliances and
recommends the following conditions.
3.1. 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.
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Driveways and Parking Code;
• Transport Code;
• Earthworks Code;
• Landscaping Code;
• Water Quality and Drainage Code; and
• Flood Hazard Overlay Code.
The application has been found to generally comply with all applicable statutory instruments.
4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Senior Environmental Officer
5. 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.
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The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No OPW23/0120 for a Operational Works - Earthworks, Frontage Work,
Landscaping, Stormwater, Vehicle Crossover situated at Kingston 23 Edward St Noosaville Qld
4566 and described as GTP 492, Lot 1 GTP 492, Lot 2 GTP 492, it is recommended the application
be approved in accordance with the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: OPW23/0120
Street address: Kingston 23 Edward St Noosaville Qld 4566
Real property description: GTP 492, Lot 1 GTP 492, Lot 2 GTP 492
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Approval for Operational Works - Earthworks, Frontage Work,
Landscaping, Stormwater, Vehicle Crossover
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
APPROVED PLANS
1. 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
32091-OW3.1 . Earthworks Plan Sept. 22
Prepared by SCG Consulting
32091-OW4.1 E Driveway & Access Plan Sept. 22
Prepared by SCG Consulting
32091-OW4.2 E Driveway Levels Sept. 22
Prepared by SCG Consulting
32091-SW1.1 B Stormwater Management Plan Sept. 22
Prepared by SCG Consulting
AO3 A Landscape Details, prepared by RG 4 August 2023
Strategic
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
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AO1 A Landscape Plan, prepared by RG Strategic 4 August 2023
AO2 A Legend, prepared by RG Strategic 4 August 2023
Amendments The landscape plans must be resubmitted prior to a prestart meeting
and incorporate the following:
a. Removal of street trees (Buckinghamia celsissima) from
plans.
b. Substitution of the 2 Pandanus planted in the front verge
garden with Cupaniopsis anacardioides.
c. Include additional trees planted at 2.5 metre centres along
the western boundary for privacy screening of neighbours.
d. Provide species and genus of each plant to be utilised.
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 28 September 2025, unless an application to extend the currency
period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
3. Prior to requesting a prestart meeting:
a. Receipt of amended plans approval.
Landscaping Works
4. Landscape works must be supervised, undertaken and certified by qualified persons*. All
works must be completed in accordance with this Decision Notice and must include in
particular:
a. the works generally shown on the Approved Plans except where varied by the
conditions of this approval. The landscape plans must be resubmitted prior to a prestart
meeting.
Engineering
5. All necessary approvals from external service providers (e.g., Unitywater) and external
parties on which the development works are proposed have been obtained and a copy
supplied to Council.
6. 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.
7. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
8. 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:
a. Civil engineering works; and
b. Landscape works.
9. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
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b. provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
10. 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.
11. 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
12. 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.
13. 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.
14. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice
b. The relevant conditions of the higher order Material Change of Use approval
MCU22/0174 to which this approval relates;
c. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines; and
d. 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
15. 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.
16. 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.
17. 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.
Pathways
18. All pathways must be constructed in accordance with the following requirements:
a. All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065;
b. Provision must be made for disabled access at all kerb crossings associated with
pathways, in accordance with Council's current standards;
c. All paths must have a slip resistant surface;
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d. Expansion and contraction joints must provide a flush finish. Installation of joints by
saw cutting is preferred to ensure a smooth ride for cyclists; and
e. The required work includes any modifications to ensure the footpath finishes flush with
all existing service covers and the like, or alternatively these services are raised or
altered, so as not to create a pedestrian safety hazard.
19. Pathways must:
a. terminate in a manner that ensures smooth transition to existing surfaces for public
safety; and
b. be designed and constructed to comply with the Disability Discrimination Act (DDA),
Access to Premises Standard, Austroads and relevant sections of AS1428 Design for
access and mobility.
Site Access and Driveways
20. Driveway crossovers must be constructed in accordance with council’s Standard Drawings
RS-049, RS-050 and any associated addendum.
21. 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.
22. The following must be complied with during the construction of the required
crossover/driveway:
a. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete;
b. The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties;
c. Underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway;
d. 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; and
e. 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 and Retaining Walls
23. All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development.
24. Slope and batters are a maximum grade of:
a. 1 in 6 where in proximity to waterbodies;
b. 1 in 4 for grassed areas;
c. 1 in 3 for planted areas; and
d. 1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
25. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
26. 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).
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27. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
28. 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.
29. 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:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods;
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods;
c. Been revised to address predicted rainfall events; and
d. Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be
found inefficient.
30. 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).
31. 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.
32. 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
33. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. 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
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34. Prior to commencement of use the following (prepared by respective qualified persons* and
certifying compliance with approvals) must be submitted to Council:
a. Landscaping certification confirming all works have been constructed in accordance
with conditions of approval.
35. 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.
As Constructed Plans and ADAC XML Files (Council)
36. Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory
“As-Constructed” records must be submitted to Council. The bundle of “As Constructed”
information shall include:
a. As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing
file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the
accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
b. ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed)
prepared in accordance with industry standards and recorded in “MGA - UTM56 /
GDA94” projection.
Please Note: Further information and advice relating to the as-constructed drawing
presentation, as-constructed survey capture and associated guidelines for preparation
of a compliant ADAC XML digital file are available on the webpage titled “As-
Constructed Guidelines” and accessible at the Noosa Council Website: Planning &
Development / Development Tools & Guidelines / As-Constructed Guidelines.
c. The “As-Constructed” drawings will require certification by a:
i. Qualified experienced Civil Engineer (RPEQ) confirming design intent and
conformance with applicable standards and specifications, along with the
relevant descriptions of assets, services and structures and;
ii. Licensed Surveyor in regard to the cadastral and locational information, levels
and applicable survey datum.
d. The data must be in accordance with Council’s “Planning Scheme Policy 6 –
Engineering Design Standards”, and fully detail the levels for all engineering works
including but not limited to the drainage network and structures, finished ground and
pavement surface levels.
e. Landscaping, including all assets and improvements within parks, open space and road
reserves areas are to be shown on an accompanying separate landscape plan
(prepared in .dwg file format with accompanying hardcopy PDFs) and include a
complaint ADAC XML file. Details of the landscaping and all associated assets and
improvements may be included in the ADAC XML digital file prepared for associated
civil infrastructure, or alternatively, be provided as a separate ADAC XML digital file
containing landscape and asset information only.
On Maintenance
37. All municipal works must be accepted ‘On Maintenance’ by Council in accordance with
Council’s relevant Planning Scheme Policy prior to the commencement of the use. To
achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
a. certification that all works have been undertaken and completed in accordance with the
requirements of this Permit;
b. as Constructed details in accordance with Council’s Planning Scheme Policy; and
c. maintenance and operational manuals for all proprietary or site specific devices.
Off Maintenance
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38. Prior to requesting an Off Maintenance inspection the developer must provide a written
request for the Off Maintenance inspection.
39. A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged
where:
a. a Council inspection reveals works do not comply with approval requirements; or
b. submitted certification falsely states works comply with approval requirements.
40. 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.
5. REFERRAL AGENCIES
Not applicable.
6. 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
1. 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-049, RS-
050 and any associated addendum.
2. 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.
3. 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.
4. 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
5. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
6. 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.
7. 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.
Environmental Advisory Notes
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8. 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
9. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
10. 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).
11. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
a. 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
b. 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.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
10. SUBMISSIONS
Not applicable.
11. 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.
12. 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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