Negotiated Report (Representations made) OPW22 0166 · OPW22/0166

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW22/0166
Development Approval	Development Permit for Approval for Operational Works - Clearing Vegetation under planning scheme, Drainage Works, Earthworks, Landscaping, Stormwater
Applicant	CBD Settlers Cove Pty Ltd
Representations Received On	9 November 2022
Number of Submissions for Original Application	Not applicable

PROPERTY DETAILS
Property Address	16 Serenity Cl Noosa Heads Qld 4567
RP Description	Lot 9 SP 195871
Land Area	5881.0000 m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban footprint
Locality	Noosa Heads
Zone	High Density Residential
Overlays	Acid Sulfate Soils, Biodiversity, Bushfire, Landslide, Core Koala Habitat
Assessment Type	Representations made to original approval

background
A development approval for Operational Works - Clearing Vegetation under planning scheme, Drainage Works, Earthworks, Landscaping, Stormwater was issued on 5 October 2022
The applicant suspended the appeal period and made representations on 9 November 2022 to the development approval conditions. The representations are detailed below but primarily relate to omissions from the decision notice. The omitted items related to the clearing and landscaping submitted with the original application but were inadvertently omitted.
It is noted that the applicant has requested that the submitted Bushfire Info Kit be approved as part of the subject operational works. It is considered that the Bushfire Info kit relates to the ongoing occupation and maintenance of the subject site and is not relevant for the construction of the development. It is recommended that the Bushfire Info Kit be assessed separately by Council’s Senior Environment Officer.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 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
A6107/22/L9/EW01	C	EARTHWORKS LAYOUT Prepared by Alta	23 August 2022
A6107/22/L9/EW02	B	SITE SECTIONS Sheet 1 Prepared by Alta	1 September 2022
A6107/22/L9/EW03	A	SITE SECTIONS Sheet 2 Prepared by Alta	20 June 2022
A6107/22/L9/R02	A	ROADWORKS LAYOUT Prepared by Alta	20 June 2022
A6107/22/L9/D01	A	DRAINAGE LAYOUT Prepared by Alta	20 June 2022
Applicant’s Representation
The applicant requests that the following items be included in the approval.
Assessment of Representation
The submitted material has been assessed and it is recommended that the condition and approved plans table be amended to read as follows:
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
A6107/22/L9/EW01	C	EARTHWORKS LAYOUT Prepared by Alta	23 August 2022
A6107/22/L9/EW02	B	SITE SECTIONS Sheet 1 Prepared by Alta	1 September 2022
A6107/22/L9/EW03	A	SITE SECTIONS Sheet 2 Prepared by Alta	20 June 2022
A6107/22/L9/R01	A	ROADWORKS SITE PLAN AND NOTES Prepared by Alta	20 June 2022
A6107/22/L9/R02	A	ROADWORKS LAYOUT Prepared by Alta	20 June 2022
A6107/22/L9/R03	A	DRIVEWAY LONG SECTION Prepared by Alta	20 June 2022
A6107/22/L9/D01	A	DRAINAGE LAYOUT Prepared by Alta	20 June 2022
A6107/22/L9/D02	A	RAPID INFILTRATION PIT DETAILS (RIP) Prepared by Alta	20 June 2022
A6107/22/L9/D03	A	DRAINAGE LONGITUDINAL SECTIONS Prepared by Alta	20 June 2022
A6107/19/SWMP	B	STORMWATER MANAGEMENT PLAN Prepared by Alta	June 2022
2021022-601	07	Planting Plan Sheet 1 (Level 1) Prepared by Place Design Group AS AMENDED BY CONDITIONS	20 May 2022
2021022-602	07	Planting Plan Sheet 2 (Level 1) Prepared by Place Design Group AS AMENDED BY CONDITIONS	20 May 2022
2021022-603	07	Planting Plan Sheet 3 (Level 2) Prepared by Place Design Group AS AMENDED BY CONDITIONS	20 May 2022
2021022-604	07	Planting Plan Sheet 4 (Level 21) Prepared by Place Design Group AS AMENDED BY CONDITIONS	20 May 2022
2021022-605	07	Planting Plan Sheet 5 (Level 5) Prepared by Place Design Group AS AMENDED BY CONDITIONS	20 May 2022

Additional Conditions
LANDSCAPE CONDITIONS
PRIOR TO COMMENCEMENT OF LANDSCAPING WORKS
Provide amended Landscape Planting Plans that detail the exclusion of the following exotic planting species Ficus pumila. The exotic plant element must be substituted with a native planting theme. The plans must be provided to Council at least 5 business days before the Landscaping prestart meeting.
Provide an amended landscape planting schedule that details the pot sizes and quantities of the plant species, including the areas subject to vegetation rehabilitation. The schedule must be provided to Council at least 5 business days before the Landscaping prestart meeting.
A prestart meeting for the landscaping works must be organised with Council’s delegate by calling 5329 6500 (giving at least five business days’ notice). The prestart meeting must be attended by the responsible persons for the Landscape works.
DURING CONSTRUCTION
Clearing
All clearing of the perimeter vegetation must be carried out in accordance with the Arboricultural Assessment prepared by Tree Solutions dated 7 June 2022.
Retention of Existing Trees and Vegetation
All trees identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.
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:
Oversee installation of all tree protection fencing prior to commencement of any works 	onsite (including any clearing).
Supervise tree protection within the development site, 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.
Have the fence installed prior to the prestart meeting and maintained for the entire period of construction.
Have ‘Exclusion Zone’ (‘No Go’) signage fixed to the fence at 10m centres.
Have no construction material, equipment or personnel entering the area/zone except to undertake approved rehabilitation activities.
Include assessment and works by a qualified (person) Arborist* prior to commencement  of use to identify and mitigate tree hazards to persons or property.
*(Refer to Advisory Note)
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)
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 works must:
Delineate all planting to grassed area interfaces with a hard / timber / concrete / spade cut edge.
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.
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.
*(Refer to Advisory Notes)
Turfed areas must be free of pest, diseases and weeds and level with adjoining surfaces.
Soil for landscaping must:
Provide for healthy and sustained site specific vegetation performance. (for larger sites)
Comply with AS 4419, Soils for landscaping and garden use.
Fencing, Walls and Screening
Fencing must:
Be located wholly within lot boundaries.
Have a design life commensurate with the new buildings.
Not include CCA (copper chrome arsenic) timber products.
Be finished in neutral colour tones that blend with the surrounding landscape.
FOLLOWING CONSTRUCTION
Supervision/Certification
Prior to commencement of use the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council.
Landscaping certification confirming all works have been constructed in accordance with conditions of approval.
(* Refer to Advisory Note)
On Maintenance
Maintenance periods* must be 12 months for all street trees located in Council’s road reserve areas.
*(Refer to Advisory Note)
Prior to commencement of use / requesting an On Maintenance inspection of the street trees located in the road reserve (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification.
NATSPEC certification for all street trees
On Maintenance management in road reserve area includes:
Establishing and maintaining the works in accordance with the intent and 	       requirements of all approvals.
To aesthetically compliment the surrounding local area.
Replacement of dead or poorly performing plants.
Off Maintenance
Prior to requesting an Off Maintenance inspection the following must be provided:
Project Arborist certification that all trees in public land have been inspected and 	rectification works for public safety and longevity of the tree/s have been 	completed.
Off Maintenance Inspection must be requested:
By contacting Council.*
Only after lodgement of a completed Landscape Checklist and all other required  	certification and documentation.
Only after all works are confirmed in good order including:
Rectifying any damaged grassed areas.
Topdressing to grassed areas.
Remulching, fertilising of street tree
Replacement of plant material.
Removal of plant material impeding regulation sightlines.
Replacement of degraded timber.

conclusion & reasons for decision
The representations have been assessed and are considered reasonable.
RECOMMENDATION
With regard to Application No. OPW22/0166, and the representations made, Council on 16 November 2022 decided to:
A.	Agree to amend condition 1 to read as follows:
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
A6107/22/L9/EW01	C	EARTHWORKS LAYOUT Prepared by Alta	23 August 2022
A6107/22/L9/EW02	B	SITE SECTIONS Sheet 1 Prepared by Alta	1 September 2022
A6107/22/L9/EW03	A	SITE SECTIONS Sheet 2 Prepared by Alta	20 June 2022
A6107/22/L9/R01	A	ROADWORKS SITE PLAN AND NOTES Prepared by Alta	20 June 2022
A6107/22/L9/R02	A	ROADWORKS LAYOUT Prepared by Alta	20 June 2022
A6107/22/L9/R03	A	DRIVEWAY LONG SECTION Prepared by Alta	20 June 2022
A6107/22/L9/D01	A	DRAINAGE LAYOUT Prepared by Alta	20 June 2022
A6107/22/L9/D02	A	RAPID INFILTRATION PIT DETAILS (RIP) Prepared by Alta	20 June 2022
A6107/22/L9/D03	A	DRAINAGE LONGITUDINAL SECTIONS Prepared by Alta	20 June 2022
A6107/19/SWMP	B	STORMWATER MANAGEMENT PLAN Prepared by Alta	June 2022
2021022-601	07	Planting Plan Sheet 1 (Level 1) Prepared by Place Design Group AS AMENDED BY CONDITIONS	20 May 2022
2021022-602	07	Planting Plan Sheet 2 (Level 1) Prepared by Place Design Group AS AMENDED BY CONDITIONS	20 May 2022
2021022-603	07	Planting Plan Sheet 3 (Level 2) Prepared by Place Design Group AS AMENDED BY CONDITIONS	20 May 2022
2021022-604	07	Planting Plan Sheet 4 (Level 21) Prepared by Place Design Group AS AMENDED BY CONDITIONS	20 May 2022
2021022-605	07	Planting Plan Sheet 5 (Level 5) Prepared by Place Design Group AS AMENDED BY CONDITIONS	20 May 2022

B.	Include the following additional conditions.
LANDSCAPE CONDITIONS
PRIOR TO COMMENCEMENT OF LANDSCAPING WORKS
Provide amended Landscape Planting Plans that detail the exclusion of the following exotic planting species Ficus pumila. The exotic plant element must be substituted with a native planting theme. The plans must be provided to Council at least 5 business days before the Landscaping prestart meeting.
Provide an amended landscape planting schedule that details the pot sizes and quantities of the plant species, including the areas subject to vegetation rehabilitation. The schedule must be provided to Council at least 5 business days before the Landscaping prestart meeting.
A prestart meeting for the landscaping works must be organised with Council’s delegate by calling 5329 6500 (giving at least five business days’ notice). The prestart meeting must be attended by the responsible persons for the Landscape works.

DURING CONSTRUCTION
Clearing
All clearing of the perimeter vegetation must be carried out in accordance with the Arboricultural Assessment prepared by Tree Solutions dated 7 June 2022.
Retention of Existing Trees and Vegetation
All trees identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.
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:
Oversee installation of all tree protection fencing prior to commencement of any works 	onsite (including any clearing).
Supervise tree protection within the development site, 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.
Have the fence installed prior to the prestart meeting and maintained for the entire period of construction.
Have ‘Exclusion Zone’ (‘No Go’) signage fixed to the fence at 10m centres.
Have no construction material, equipment or personnel entering the area/zone except to undertake approved rehabilitation activities.
Include assessment and works by a qualified (person) Arborist* prior to commencement  of use to identify and mitigate tree hazards to persons or property.
*(Refer to Advisory Note)
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)
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 works must:
Delineate all planting to grassed area interfaces with a hard / timber / concrete / spade cut edge.
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.
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.
*(Refer to Advisory Notes)
Turfed areas must be free of pest, diseases and weeds and level with adjoining surfaces.
Soil for landscaping must:
Provide for healthy and sustained site specific vegetation performance. (for larger sites)
Comply with AS 4419, Soils for landscaping and garden use.
Fencing, Walls and Screening
Fencing must:
Be located wholly within lot boundaries.
Have a design life commensurate with the new buildings.
Not include CCA (copper chrome arsenic) timber products.
Be finished in neutral colour tones that blend with the surrounding landscape.
FOLLOWING CONSTRUCTION
Supervision/Certification
Prior to commencement of use the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council.
Landscaping certification confirming all works have been constructed in accordance with conditions of approval.
(* Refer to Advisory Note)
On Maintenance
Maintenance periods* must be 12 months for all street trees located in Council’s road reserve areas.
*(Refer to Advisory Note)
Prior to commencement of use / requesting an On Maintenance inspection of the street trees located in the road reserve (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification.
NATSPEC certification for all street trees
On Maintenance management in road reserve area includes:
Establishing and maintaining the works in accordance with the intent and 	       requirements of all approvals.
To aesthetically compliment the surrounding local area.
Replacement of dead or poorly performing plants.
Off Maintenance
Prior to requesting an Off Maintenance inspection the following must be provided:
Project Arborist certification that all trees in public land have been inspected and rectification works for public safety and longevity of the tree/s have been completed.
Off Maintenance Inspection must be requested:
By contacting Council.*
Only after lodgement of a completed Landscape Checklist and all other required  	certification and documentation.
Only after all works are confirmed in good order including:
Rectifying any damaged grassed areas.
Topdressing to grassed areas.
Remulching, fertilising of street tree
Replacement of plant material.
Removal of plant material impeding regulation sightlines.
Replacement of degraded timber.

C.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

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