Delegated Report - Code - Planning OPW22 0043

Author	Senior Environmental Officer, Amanda Turner
Development Assessment

APPLICATION DETAILS
Application No.	OPW22/0043
Applicant	Colliers Sunshine Coast
Proposal	Operational Works - Landscaping
Properly Made Date	16 February 2022
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	12 April 2022
Report Completed Date	22/02/2022
Report Reviewed By	Kerri Coyle 22 February 2022

PROPERTY DETAILS
Property Address	The Noosa Gallery 50 Hastings St Noosa Heads Qld 4567
RP Description	SP 108800
Land Area	781.0000 m²
Existing Use of Land	Retail

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Tourist Accommodation
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Acid Sulfate Soils Overlay,
Assessment Type	Code
PROPOSAL
The application seeks approval for an Operational Works - Landscaping.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – 3 x garden beds stones to be replaced

Figure 3 – Proposed stone to replace 3 garden beds

Figure 4 – Proposed plants for 3 garden beds

Figure 4 – Current white bench and proposed timber bench

site details
Background
50 Hastings Street Noosa Heads is a retail property containing retail and food outlets.
Site Description
The site is 664.9m2 in size located on the corner of Noosa Parade and Hastings Street with the proposed landscaping occurring to the three garden beds and white bench.
Surrounding Land Uses
Surrounding land uses include tourist accommodation, retail and restaurant uses.
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:
Landscape Works Code;
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
The Operational Works application is identified as replacing the stone garden beds with river stone, replace a current bench seat and new planting which will upgrade and improve the landscaping visible on Hastings Street and be in line with surrounding landscaping design.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No OPW22/0043 for an Operational Works - Landscaping situated at The Noosa Gallery 50 Hastings St Noosa Heads Qld 4567 and described as SP 108800, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW22/0043
Street address:	The Noosa Gallery 50 Hastings St Noosa Heads Qld 4567
Real property description:	SP 108800
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Landscaping
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
GENERAL
Site Specific
A Traffic Management Plan (TMP) must be provided to Council at least five business days before commencement of works. The TMP must include sufficient detail to ensure a safe environment for workers and the public during construction. The TMP must be prepared by a suitably qualified person and include but not be limited to:
Signage in accordance with MUTCD;
Alternate pedestrian paths (where necessary);
Alternate vehicle paths (where necessary); and
Observers and traffic control staff.
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 22 February 2024, unless an application to extend the currency period is approved by Council.
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
N/A	-	Annexure 1 – Stones encasing garden bed	16/02/2022
N/A	-	Annexure 2 – Plants to be planted	16/02/2022
N/A	-	Annexure 3 – Timber Bench prototype	16/02/2022
PRIOR TO COMMENCEMENT OF WORKS
A condition report including photographs of the frontage of the site must be completed and submitted to Council prior to any works commencing.
DURING CONSTRUCTION
General
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)
Where damage occurs to any Council asset as a result of the development works, it must be repaired immediately where it creates a hazard that presents risk to person or property. Other damage must be repaired prior to completion of works.
Landscape
Landscape works must:
Include the replacement of the stone edging around the three garden beds with river stones as identified within the approved plans;
Ensure plant species within the three garden beds meet the approved plans, and density of planting provides for a thick groundcover in all three garden beds;
Replace the current white seat with the timber bench seat identified within the approved plans;
Ensure amenity or sales signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve; and
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled.
VEGETATION PROTECTION
Retention of Existing Trees and Vegetation
All palm trees located within the identified three garden beds are to be retained and protected in accordance with AS 4970, Protection of trees on development sites for the duration of the landscaping works.
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:
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.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
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

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