Delegated Report - Code - Planning OPW21 0254 · OPW21/0254

Author	Development Engineer, Laurie Schreck
Development Assessment

APPLICATION DETAILS
Application No.	OPW21/0254
Applicant	Paul Clout Building & Design
Proposal	Operational Works - Landscaping
Properly Made Date	30 August 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	03 November 2021
Report Completed Date	24 September 2021
Report Reviewed By	Diogo Carrico

PROPERTY DETAILS
Property Address	19 Key Ct Noosa Heads Qld 4567
RP Description	Lot 174 RP 884826
Land Area	1268.0000 m²
Existing Use of Land	Lot 1 Residential, Lot 2 Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Land Subject to Acid Sulfate Soils – 5m AHD or Below Flood Hazard – Flooding and Inundation Extent
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 – Site Plan
site details
Background
This Operational Works has been submitted in accordance with the conditions of the higher order approval RAL20/0025.
Site Description
The verge area is relatively flat with two established trees in front of Lot 1 and some smaller shrubs in front of Lot 2. The proposed locations of the four street trees avoid the existing street trees. The street is a low speed environment and conditioning will be applied to ensure the proposed trees do not negatively affect the sight lines from the driveways and avoid services.
Surrounding Land 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:
Landscaping Code.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
Other Referrals
The application was forwarded to the following external experts for review and/or comment:
Environmental Landscape Planning Consultant – For review and conditioning.
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 OPW21/0254 for an Operational Works - Landscaping situated at 19 Key Ct Noosa Heads Qld 4567 and described as Lot 174 RP 884826, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW21/0254
Street address:	19 Key Ct Noosa Heads Qld 4567
Real property description:	Lot 174 RP 884826
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
APPROVED PLANS
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
04.0	-	19-22 Ley Court, Noosa Heads – Landscaping Plan as prepared by Paul Clout Design as annotated by Council	30 August 2021
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 22 September 2023, unless an application to extend the currency period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
A condition report consisting of photographs of the frontage of the site must be completed and submitted to Council at the prestart meeting / 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 6500. The pre-start meeting must include the relevant parties for the following aspects of the works:
Landscape works.
A Traffic Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD); and
Provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
DURING CONSTRUCTION
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice;
The relevant conditions of the higher order Reconfiguration of Lot approval viz. RAL20/0025 to which this approval relates;
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines; and
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
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.
Pathways and Access Points
Paths of travel must:
Terminate in a manner that ensures smooth transition to existing surfaces for public safety.
Be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS 1428, Design for access and mobility.
Erosion and Sediment Control
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.
The developer must ensure sediment does not leave the site or enter onto adjoining properties or Council’s drainage system.
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.
Landscaping
Landscape works must:
Ensure amenity or sales signage and ancillary infrastructure is not installed within the road reserve;
Remove the existing Hibiscus shrub in the road reserve in front of Lot 2 and relocate the eastern proposed street tree Cupaniopsis anarcardiodes (Tuckeroo) a minimum of 2 metres from the easement;
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.
Public amenity trees* must:
Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC);
All street trees must be located a minimum of 1 metre from the back of the kerb;
Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines; and
Be located from services and infrastructure a minimum of:
6m from electricity poles and pillars.
4m from street lighting.
2m from stormwater catchment pits.
2m from any adjoining driveway.
*(Refer to Advisory Note)
Turfed areas must be must be free of pest, diseases and weeds and level with adjoining surfaces.
Damage to Services and Assets
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:
Where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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
Supervision/Certification
Prior to commencement of use the following (prepared by respective qualified persons*) must be submitted to Council:
Landscaping certification confirming all works have been constructed in accordance with conditions of approval; and
NATSPEC certification (Specifying Trees: a guide to assessment of tree quality addressing each specimen).
(* Refer to Advisory Note)
On Maintenance
All municipal works, including public amenity trees, must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to plan sealing. To achieve ‘On Maintenance’, the following must be submitted to Council:
Certification that all works have been undertaken and completed in accordance with the requirements of this Permit.
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance 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; or
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 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 6500 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.
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.
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
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.
Landscaping
Qualified Person, for the purpose of:
Supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three 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.
Public amenity trees are defined as any tree located within public streets, parks or areas that will become publically owned as a result of this development.
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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Zones
Low Density Residential
Medium Density Residential
High Density Residential
Tourist Accommodation
MI Major Centre
MM Districe Centre
lM Local Centre
Neighbourhood Censre
Low Impact Industry
Medium Impact Industry
Recreation and Open Space
IB Environmental Management and Conservation
Community Facilities
IM Innovation
Rural
I Rural Residential
Community Facilities Label Legend

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