Delegated Report - Code - Planning OPW19 0223 · OPW19/0223

Author	Monkeith Kadhum
Development Assessment

APPLICATION DETAILS
Application No.	OPW19/0223 MCU19/0031
Applicant	Javatex P/L
Proposal	Operational Works - Landscaping, Roadworks, Stormwater
Properly Made Date	11 October 2019
Information Request Date	29 October 2019
Information Response Date	4 March 2020
Decision Due Date	22 April 2020
Report Completed Date	20 April 2020
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	13 Noosa Dr Noosa Heads Qld 4567
RP Description	Lot 5 RP 91777
Land Area	417m²
PROPOSAL
The application seeks approval for a Operational Works - Landscaping, Roadworks, Stormwater.
site details
Background
Higher Order Approval - MCU19/0031 - dated 22 August 2018.
Site Description
Locality Site Map
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.
The following codes from the Noosa Plan are applicable to this development:
Engineering works codes
cONSULTATION
Internal Referrals
The application was forwarded to the following internal Council officers:
Conor Neville – Landscaping and Tree Protection issues
GENERAL COMMENT
Critical issues:
Protection of trees on the site and adjoining sites to be carried out in accordance with the approved tree protection report.
Other issues:
Stormwater management.
Traffic management.
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 OPW19/0223 (Higher Order Approval:- MCU19/0031) for Operational Works – Driveway and Car Park, Stormwater and Landscaping situated at 13 Noosa Dr Noosa Heads Qld 4567 and described as Lot 5 RP 91777, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW19/0223
Street address:	13 Noosa Dr Noosa Heads Qld 4567
Real property description:	Lot 5 RP 91777
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 Carpark, Stormwater Drainage, Landscaping
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
APPROVED PLANS AND DOCUMENTS
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
Proj 2019072 Dwg No 01	A	Index and Locality Plan, prepared by 360 Civil Consulting	11/02/2020
Proj 2019072 Dwg No 03	A	Development Layout Plan, prepared by 360 Civil Consulting	11/02/2020
Proj 2019072 Dwg No 04	A	Driveway Layout Plan, prepared by 360 Civil Consulting	11/02/2020
Proj 2019072 Dwg No 05	A	Driveway Longitudinal & Cross Sections, prepared by 360 Civil Consulting	11/02/2020
Proj 2019072 Dwg No 06	A	Stormwater and Details Plan, prepared by 360 Civil Consulting	11/02/2020
Proj 2019072 Dwg No 07	A	Pavement & Joining Details Plan, prepared by 360 Civil Consulting	11/02/2020
Proj 2019072 Dwg No 10	-	Tree SEZ Layout Plan, prepared by 360 Civil Consulting	11/02/2020
Doc ID: 20197671	1	Arboricultural Report and Tree Protection Methodology / Plan - 13 Noosa Dr prepared by Australian Tree Contractors & Arboricultural Consultants Pty Ltd	05/03/2020
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 20 April 2022 unless an application to extend the currency period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Performance Bond
Prior to requesting a prestart meeting a security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, including Tree Protection* for the trees detailed in section titled Arboricultural Assessment of the approved Arboricultural Report and Tree Protection Methodology /Plan, prepared by the Australian Tree Contractors & Arboricultural Consultants Pty Ltd.
The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
*(Refer to Advisory Note)
Landscaping and Tree Protection
Prior to requesting the pre-start, a revised landscape plan must to be submitted and endorsed by Council addressing the following items:
The landscape plan must be prepared by a qualified person* with a minimum of 5 years’ experience.
The landscape plans must meet the requirements of condition 17 of the higher order approval (MCU19/0031) and ensure no pavers are located within the 50.3m2 soft landscaping areas.
The 50.3m2 landscaped areas must be mulched to a minimum depth of 100mm with forest blend mulch.
All landscaping must comply with Planning Scheme Policy 3 Landscaping plants and Guidelines and the Landscape Code of the Noosa Plan.
All shrubs and ground covers must be local native species suitable for the locality.
All landscaping must ensure a high degree of amenity and presentation due to the site’s locality.
(*Refer Advisory Notes)
Prior to requesting a prestart meeting:
Receipt of amended landscape plans endorsement from Council must have occurred.
Tree protection fencing must be installed under the supervision of the Project Arborist. (Refer to Retention of Existing Trees Conditions)
A qualified person* must be engaged for the duration of the works to:
Ensure works are carried out in accordance with the Tree Protection Methodology documented in the approved Arboricultural Report and Tree Protection Methodology / Plan 13 Noosa Drive.
Oversee installation of all tree protection fencing prior to commencement of any works onsite (including any clearing).
Supervise tree protection within the development site and frontages, prior to, during and following construction in accordance with AS 4970, Protection of trees on development sites.
Undertake a risk assessment of all trees within striking distance of the development works and site and carry out hazard removal and amenity pruning in accordance with AS 4373, Pruning of amenity trees, prior to the commencement of use and following Council endorsement.
*(Refer to Advisory Note)
Engineering - General
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.
A condition report including photographs of the frontage of the site and bordering fences must be completed and submitted to council at the prestart meeting and 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 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;
Protection of vegetation;
Traffic management;
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 needed temporary warring signage and traffic control measures near the construction site and on the approaching roads.
Details of managing access and manoeuvring of construction vehicles and appliances (eg concrete trucks) into and from the construction site.
Details of timing and measures to minimise impact on the local traffic flows in the area.
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.
Appropriate parking arrangements for construction’s workers and vehicles that ensure no adverse impact on parking spaces availability to the public.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures
Works programme identifying key components of the works and their respective durations
Establishment of a communication protocol (eg letterbox drop letters) with the general public, adjoining owners, emergency services, local police and local businesses to advise of agreed 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: MCU19/0031 - dated 22 August 2018 to which this approval relate.
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.
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
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 and ensuring no trip or fall hazard to the public and the property users.
Any existing kerb & channel and/or concrete footpath sections requiring removal due to the new works must be saw-cut and removed to allow for a smooth and neat finish with the new works.
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 in writing.
Site Access, Driveway and Car Parking Area
New driveway must be constructed generally in accordance with the approved plans.
Landscaping, fences and other fixtures near the access must be provided to allow for clear sight distances to pedestrians and drivers in compliance with the requirements of Section 3.2.4 and Figure 3.3 of AS/ANZS 2890.1.
The following must be complied with during the construction of the required crossover/driveway and car park:
The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties or on the road verge and public pathway.
Where there is an existing or proposed pedestrian path, a matching crossfall must be provided for the driveway for the full width of the path and ensuring no trip or slip hazard is created due to the new works.
All paved areas for the driveway, parking, vehicles manoeuvring and pedestrian access must be slip resistant in accordance with the applicable standards.
Parking area, internal kerb construction and linemarking must be provided generally in accordance with the approved plans and in compliance with applicable standards and best engineering practices.
Earthworks and Retaining Walls
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 requirement of AS 3798 and the recommendations of the supervising engineer, where required a certificate of quality and uniformity of fill shall be provided by a RPEQ and submitted to Council prior to the final inspection by Council.
Fall protection must be provided to any retaining walls that are over 1m high or is considered to posing trip or fall risk to public.
Stormwater Drainage
Stormwater drainage works must be proposed in accordance with approved plans and must be certified by RPEQ on completion.
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, interfering with natural overland flows or causing additional stormwater ponding).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
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)
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
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.
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.
Offsite run-off must be diverted around exposed soils on the site without entraining additional sediments. Discharge from measures to divert the offsite water must not cause run-off impacts to other properties.
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 non-essential exposure of soil is prevented by restricting the extent of disturbance and minimising the duration of soil exposure to adverse weather conditions and effectively turf, cover or stabilise any disturbed area without delay and prior to rainfall occurring.
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.
FOLLOWING CONSTRUCTION
Certification
Upon completion of the work and prior to the final inspection by Council, a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Prior to commencement of use and requesting the release of bond* the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification.
Arborist Report documenting, with photographs of any excavations in tree protection zones and certifying the findings and outcome of the arboreal risk assessment.
*(Refer to Advisory Notes)
Final Inspection
A final inspection and approval of the completed works and reinstatement works by Council’s Inspector is required. Please contact Council on 5329 6245 to arrange for the 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 approval requirements.
Submitted certification falsely states works comply with approval requirements
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.
Retention and Protection of Existing Trees
All tree retention and protection works must be carried out in accordance with methodology and recommendations detailed in the section titled Tree Protection Methodology of the approved Arborist Report listed within this Decision Notice. Prior to requesting a prestart meeting, a bond in accordance with the conditions of this permit must be lodged with Council as security for the protection of the trees identified for retention within the Arborist report referenced within this Decision Notice. The guarantee:
may be drawn upon by Council if:
the recommendations of the Arborist report are not implemented and,
any trees identified for retention are damaged to the point where they cannot be saved, or
if the recommendations of the Arborist report are not carried out the bond may be called upon by Council to engage a consulting arborist to provide recommendations.
will be returned upon receiving valid, verifiable and satisfactory certification, including photographs of excavations of the tree protection zones, from the site Arborist that all requirements nominated in the Arborist report referenced within this Decision Notice have been completed.
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 – Arboriculture and Landscaping
Qualified Person, for the purpose of:
Supervising landscape works and preparing a landscape plans and certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of 5 years current experience in the field of landscape design.
Undertaking landscape construction and establishment works is considered to be a person with five years current experience in commercial landscape construction projects.
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 assessment and either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
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 incorrectly stating that works comply with the approved plans, documents and or conditions of the Decision Notice.
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.
If at the time of request for plan sealing, the method of short-term stabilisation has not achieved a level of stability that Council's Officers believe will have a high probability of achieving long term stability (i.e. until house construction has occurred on all lots), 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;
evidence that seed of annual and perennial grass species has been applied at an adequate rate; and
that grass seed has germinated at a density that is likely to achieve an effective grass cover.
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