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Delegated Report - Code - Planning OPW24 0180
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Development Engineer, Diogo Carrico
Development Assessment
APPLICATION DETAILS
Application No. OPW24/0180
Applicant Giuseppe Toscano
Proposal Operational Works – Vehicle Crossover
Properly Made Date 29 October 2024
Information Request Date Not Applicable
Information Response Date Not Applicable
Decision Due Date 8 January 2025
Report Reviewed & Prepared by Diogo Carrico
Finalised By
Reviewed by Daniel Epps – 15 November 2024
PROPERTY DETAILS
Property Address 14 Warana St Noosa Heads Qld 4567
RP Description Lot 62 RP 94023
Land Area 607m²
Existing Use of Land Empty lot (pre-existing dwelling has been demolished)
STATUTORY DETAILS
SEQRP Designation Urban footprint
Zone Low Density Residential
Precinct Not Applicable
Local Plan Area Not Applicable
Overlays Landslide Hazard
Assessment Type Code
1. PROPOSAL
The application seeks approval for Operational Works – Vehicle Crossover.
The proposal plans are included below.
Document Set ID: 23342778
Version: 3, Version Date: 15/11/2024
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Figure 1 – Driveway Plan
Figure 2 – Vehicle Clearance
2. SITE DETAILS
2.1. Background
The applicant seeks to demolish the existing driveway and rebuild it in the same location. Access
to the property implies a steep slope and the proposed location is in close proximity to a stormwater
inlet pit and an existing mature poinciana.
The applicant has provided relevant information demonstrating vehicles will not bottom out when
using the property’s access and the necessary clearances to the stormwater inlet pit.
The proposed works are located within Council’s Landslide Hazard overlay in an area with an
approximate grade of 17%. A geotechnical report has not been provided in accordance with the
Landslide Hazard Overlay Code. It is recommended that a geotechnical report is provided prior to
the commencement of works (i.e., prestart meeting).
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Council is concerned that the proposed works may harm the existing poinciana. The applicant does
not propose to remove the tree. To ensure the protection of the tree and compliance with the
recommended conditions, a $5,000 compliance bond is recommended.
2.2. Site Description
2.3. Surrounding Land Uses
3. ASSESSMENT
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:
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• Low Density Housing Code
• Landslide Hazard Overlay Code
4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Internal Council Referrals
Not applicable
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.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No OPW24/0180 for Operational Works – Vehicle Crossover situated at
14 Warana St Noosa Heads Qld 4567 and described as Lot 62 RP 94023, it is recommended the
application be approved in accordance with the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: OPW24/0180
Street address: 14 Warana St Noosa Heads Qld 4567
Real property description: Lot 62 RP 94023
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Operational Works – 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
0332 – OW2.1 “Driveway & Access Plan” October 2024
Prepared by SCG Consulting Engineers
0332 – OW2.2 “Driveway Details” October 2024
Prepared by SCG Consulting Engineers
CURRENCY PERIOD
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2. The Currency Period for this development approval lapses if the development has not
substantially started by 15 November 2026, unless an application to extend the currency
period is approved by Council.
SITE SPECIFIC CONDITIONS
Bonds
3. A compliance bond of $5,000 is to be submitted to Council prior to the pre-start meeting. The
pre-start meeting will only be held once Council's Construction Engineering Officer has
confirmation that the bond monies have been received by Council.
The bond will be refunded less any costs incurred by Council in ensuring compliance with
these conditions or any additional inspections incurred for substandard work or work
undertaken not in accordance with this permit.
4. Bonds must:
a. have approval of the bond calculations and amount from Council prior to lodgement
b. be lodged with Council and accompanied by the Bond Administration Fee/s.
c. be requested for release by writing to Council, when relevant approval requirements
have been met.
Geotechnical Stability
5. All works must be carried out in accordance with a Geotechnical Report (or part thereof)
prepared by a qualified person*.
*(Refer to Advisory Note)
GENERAL CONDITIONS
Engineering
6. A condition report including photographs of the frontage of the site must be completed and
submitted to Council prior to the prestart meeting.
7. The principal contractor must have all the appropriate insurance and public liability
documentation to carry out the works. The principal contractor is also responsible to ensure
that any subcontractors also have the appropriate insurance and public liability
documentation. 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 6245. The
pre-start meeting must include the relevant parties for the following aspects of the works:
a. Civil engineering works.
9. A Construction Management Plan must be submitted to Council prior to the pre-start meeting
and must specifically address the following:
a. traffic Management during the construction phase;
b. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
c. provision for safe pedestrian access across the frontage of the site both during and
outside working hours.
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.
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DURING CONSTRUCTION
Engineering
12. The integrity and condition of any existing public or Council infrastructure and services
(above ground and/or underground) must not be adversely affected by the proposed works
13. 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.
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. all relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines;
c. 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 Reserves
15. No removal of street trees is permitted without Council’s prior written approval.
16. Safe pedestrian access on all streets in the vicinity of the development must be maintained
at all times. Should 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.
17. All works must match neatly with existing road and verge features. Additional works beyond
the frontage may be required to provide an acceptable transition to existing road and verge
profiles.
Driveways
18. Driveway crossovers must be constructed generally in accordance Council’s Standard
Drawings RS-049 and RS-050.
19. Any existing unnecessary or redundant property accesses must be removed, and the kerb
and verge area reinstated to match the existing 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.
20. 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 in accordance with the requirements of AS2890.1 Off-Street Car
Parking for longitudinal and crossfall gradients;
c. the driveway must be constructed so as to not concentrate or direct stormwater runoff
onto neighbouring properties;
d. 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;
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e. any stormwater kerb outlet in close proximity to the edge of the new driveway must be
provided with an approved kerb adaptor; and
f. 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.
21. 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.
Stormwater Drainage
22. The constructed driveway must not cause additional ponding on the road formation or the
road reserve.
Environment (Erosion and Sediment Control)
23. 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.
24. The contractor must ensure non-essential exposure of soil is prevented by restricting the
extent of works and minimising the duration of soil exposure to adverse weather conditions.
Exposed areas must be suitably covered/stabilised/reinstated as soon as practicable and
prior to any predicted rainfall occurring.
25. 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 advisory notes).
FOLLOWING CONSTRUCTION
26. A final inspection and approval of the new driveway and completed reinstatement works by
Council’s Inspector is required. Please contact Council on 5329 6245 to arrange for the
inspection.
27. Upon completion of the work a certificate must be issued by an RPEQ certifying that the
works have been constructed in accordance with the requirements of this Operational Works
permit.
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
7. 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 drawing RS-049 and
RS-050.
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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 Inspections Request
5. 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 Appeal Period of 20 business
days must have passed or the applicant must have provided Council with written confirmation
that the applicant has accepted the conditions of Decision Notice and waived their appeal
rights.
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.
Environmental Advisory Notes
7. 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
8. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
Qualified Person
9. For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability
for the development, a qualified person is considered to be a person who:
a. is a Registered Professional Engineer of Queensland (RPEQ);
b. has a degree in civil engineering or engineering geology; and
c. has a minimum of 5 years experience in the field of geotechnical engineering or
engineering geology.
Performance Bond Agreement
10. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a part to the agreement about a development condition.
8. PROPERTY NOTES
Not applicable.
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9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work.
11. SUBMISSIONS
Not applicable.
12. 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.
13. 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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