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SUPERSEDED Negotiated Report (Representations made) OPW25 0042 (As Published) · OPW25/0042
REQUEST FOR NEGOTIATED DECISION REPORT
Author Senior Development Engineer, Daniel Epps
Development Assessment
APPLICATION DETAILS
Application No. OPW25/0042
Development Approval Operational Works - Drainage Works, Earthworks
Applicant Calile Malouf Investments P/L TTE
Representations Received On 28 August 2025
Negotiated Decision Due Date 9 October 2025
Report Reviewed & Finalised Will Lowe – 11 September 2025
By
Number of Submissions for NIL
Original Application
PROPERTY DETAILS
Property Address 7 Serenity Cl Noosa Heads Qld 4567
RP Description Lot 11 SP 195871, Lot 10 SP 335472
Land Area 1213.0000 m²
11880.000 m²
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Tourist Accommodation & Environmental Management and
Conservation
Precinct Not applicable
Local Area Plan Noosa Heads
Overlays Acid Sulfate Soils, Biodiversity, Waterways and Wetlands,
Bushfire Hazard, Landslide Hazard, and Koala Habitat Area
Assessment Type Representations made to original approval
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Document Set ID: 24109099
Version: 6, Version Date: 25/09/2025
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1. BACKGROUND
A development approval for Operational Works - Drainage Works, Earthworks was issued on 12
August 2025
The applicant suspended the appeal period and made representations on 28 August 2025 to the
development approval conditions. The representations are detailed below but primarily relate to
the compliance and municipal works bonds, extent of dilapidation reporting, and public
engagement.
2. ASSESSMENT
An assessment in relation to each of the submitted representations is provided below:
Existing Condition 5
5. A site control and/or compliance bond of $100,000 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.
Applicant’s Request
The applicant has requested existing condition 5 be deleted due to a performance bond imposed
under condition 28 of the higher order approval (132008.176.05).
Assessment of Request
The $200,000 performance bond imposed under condition 28 of the higher order approval
(132008.176.05) and is intended to secure the performance of the conditions held within the higher
order approval, not this Operational Works approval.
The $100,000 compliance bond is imposed to secure the performance of the conditions held within
this Operational Works approval – which includes conditions that are not included in the higher
order approval. For example, condition 11 (Construction & Traffic Management, Dilapidation
Reporting, Pavement & Traffic Impacts).
Recommendation
It is recommended existing condition 5 remain unchanged.
Existing Condition 11c
11. An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
submitted to Council for agreement prior to the pre-start meeting and must specifically
address the following:
c. A Dilapidation Report for the haulage route commencing from the Serenity Close cul-
de-sac and concluding at the Reef – Eenie Creek roundabout (inclusive). The report
must include:
i. a video inspection of the defined route; and
ii. an itemised list of each existing defect.
Applicant’s Request
The applicant has requested existing condition 11c be amended and replaced with the following
amended condition:
11. An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
submitted to Council for agreement prior to the pre-start meeting and must specifically
address the following:
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c. A Dilapidation Report for the haulage route commencing from the Serenity Close cul-
de-sac and concluding at the Reef – Eenie Creek Grant Street/Noosa Drive
roundabout (inclusive). The report must include:
i. a video inspection of the defined route; and
ii. an itemised list of each existing defect.
Assessment of Request
The applicant has requested to reduce the extent of the dilapidation reporting from the major road
network due to the existing substantial traffic volumes, which has the potential to include heavy
vehicles that are not associated with the proposed works.
It is understood that the applicant is concerned about being held accountable for defects caused
to the haulage route in areas that are currently highly trafficked, including by other heavy vehicles
not associated with the proposed works.
The haulage route between the Serenity Close cul-de-sac and the Reef Street/Eenie Creek Road
roundabout is likely to experience degradation during haulage due to the geometry of the route
(i.e., roundabouts, tight turns, up-and-down grades, etc.). While the haulage route west of the
Weyba Road/Noosa Drive bridge is likely to experience substantial traffic volumes, these volumes
are unlikely to include heavy vehicles under load. Engineering suggest that it is a reasonable
imposition, and in the interest of protecting both parties, for the applicant to undertake dilapidation
reporting on the entire haulage route.
Recommendation
It is recommended existing condition 11c remain unchanged.
Existing Condition 11d iv.
11. An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
submitted to Council for agreement prior to the pre-start meeting and must specifically
address the following:
d. Construction/Traffic Management during all aspects of the construct phase including:
iv. Restricting on-street car parking to facilitate safe turning widths for HV’s. (*)
(*) Refer to Advisory Note
Applicant’s Request
The applicant has requested existing condition 11d iv be amended to remove reference to an
Advisory Note, or the Advisory Note to be included in the Decision Notice.
Assessment of Request
The condition refers to Advisory Note 15 – Road Reserve Permit.
The purpose of this Advisory Note is to advise the applicant that additional activities in Council’s
road reserve for the purpose of acting of this development permit mat require a Road Reserve
Permit.
The removal of the “(*) Refer to Advisory Note” has no consequence to the condition.
Recommendation
It is recommended existing condition 11d iv be amended to read as follows:
11. An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
submitted to Council for agreement prior to the pre-start meeting and must specifically
address the following:
d. Construction/Traffic Management during all aspects of the construct phase including:
iv. Restricting on-street car parking to facilitate safe turning widths for HV’s. (*)
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(*) Refer to Advisory Note
Existing Condition 11g
11. An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
submitted to Council for agreement prior to the pre-start meeting and must specifically
address the following:
g. Establishment of a communication protocol including an on onsite public information
session, and correspondence to adjoining owners, emergency services and local
businesses to advise of agreed construction times, impacts on traffic and services and
other relevant issues.
Applicant’s Request
The applicant has requested existing condition 11g be amended and replaced with the following
amended condition:
11. An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
submitted to Council for agreement prior to the pre-start meeting and must specifically
address the following:
g. Establishment of a communication protocol in the form of an information and
response website including an on onsite public information session, and
correspondence to adjoining owners, emergency services and local businesses to
advise of agreed construction times, impacts on traffic and services and other relevant
issues.
Assessment of Request
The applicant has requested to substitute the onsite public information session with an interactive
‘one stop shop’ website for information distribution and complaint resolution. The applicant has
expressed concern that an onsite public information session is likely to attract those opposed to
the development and believes the request is unreasonable given an approval has been issued.
Engineering considers the proposal an improvement from the original condition and is supportive
of the request.
Recommendation
It is recommended existing condition 11g be amended to read as follows:
11. An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
submitted to Council for agreement prior to the pre-start meeting and must specifically
address the following:
g. Establishment of a communication protocol in the form of an information and
response website including an on onsite public information session, and
correspondence to adjoining owners, emergency services and local businesses to
advise of agreed construction times, impacts on traffic and services and other relevant
issues.
Existing Condition 11h
11. An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
submitted to Council for agreement prior to the pre-start meeting and must specifically
address the following:
h. Include a post out to the local residents and businesses, including all the residents
along the haulage route up to Reef-Eenie Creek roundabout advising of the proposed
development including the expected time frames and the site contact details.
Applicant’s Request
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The applicant has requested existing condition 11h be amended and replaced with the following
amended condition:
11. An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
submitted to Council for agreement prior to the pre-start meeting and must specifically
address the following:
h. Include a post out to the local residents and businesses, including all the residents
along the haulage route from the Serenity Close cul-de-sac up to Reef-Eenie Creek
Grant Street/Noosa Drive roundabout advising of the proposed development
including the expected time frames and the site contact details.
Assessment of Request
The applicant has requested condition 11h be amended to be consistent with the requested change
to 11c.
While Engineering recommends the extent of dilapidation reporting remains as originally
conditioned, Engineering is generally supportive of this request due to the establishment of the
information and reporting website required as part of condition 11g but recommends the post out
conclude at the Leslie/Noosa Drive roundabout rather than the Grant Street/Noosa Drive
roundabout.
Local residents and businesses west of the Lesie/Noosa Drive roundabout will be able to access
the information and reporting website which achieves the intent of original condition.
Recommendation
It is recommended existing condition 11h be amended to read as follows:
11. An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
submitted to Council for agreement prior to the pre-start meeting and must specifically
address the following:
h. Include a post out to the local residents and businesses, including all the residents
along the haulage route from the Serenity Close cul-de-sac up to Reef-Eenie Creek
the Leslie/Noosa Drive bridge roundabout advising of the proposed development
including the expected time frames and the site contact details.
Existing Condition 13
13. Prior to the commencement of municipal works associated with this development, Council
requires the provision of a bank guarantee, or a cash bond, of not less than 10% (minimum
of $5000) of the value of the municipal works.
Applicant’s Request
The applicant has requested existing condition 13 be deleted due to an existing performance bond
imposed under condition 28 of the higher order approval (132008.176.05).
Assessment of Request
Consistent with Engineering’s assessment of the requested removal of condition 5, the municipal
works bond strictly relates to the municipal works (i.e., works to be Council owned) and does not
form any part of the higher order approval, nor the Operational Works compliance bond.
This bond secures the performance of the asset and provides a financial incentive for any
rectification works to occur during the maintenance period. Council will not accept works as On
Maintenance without a municipal works bond (aka, ‘Maintenance Bond’).
Recommendation
It is recommended existing condition 13 remain unchanged.
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3. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme. The
requested changes to the conditions do not raise any significant issues and are therefore
supported. The application is therefore recommended for approval.
The report is provided in accordance with Section 76 of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. OPW25/0042, and the representations made, Council on 10
September decided to:
A. Agree to amend conditions 11d iv, 11g & 11h to read as follows:
11. An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
submitted to Council for agreement prior to the pre-start meeting and must specifically
address the following:
a. All recommendations identified in the Road Safety Audit (included in reference
documents).
b. Methods for addressing traffic impacts identified in the Traffic Impact Assessment
(included in reference documents) and including:
i. Demonstrating how the project will ensure haulage does not exceed 75 inbound
or 75 outbound trucks per day, and no more than 10 trucks in / 10 trucks out per
hour.
ii. How truck movements will be monitored and verified (e.g. through delivery
dockets, traffic counters, or similar).
c. A Dilapidation Report for the haulage route commencing from the Serenity Close cul-
de-sac and concluding at the Reef – Eenie Creek roundabout (inclusive). The report
must include:
i. a video inspection of the defined route; and
ii. an itemised list of each existing defect.
d. Construction/Traffic Management during all aspects of the construct phase including:
i. A Parking Management Plan for construction workers
ii. A waste collection/haulage conflict management plan prepared in collaboration
with Noosa Council’s Waste Team identifying waste collection times and haulage
schedules designed to avoid traffic conflicts.
iii. A Traffic Management Control Plan in accordance with Manual of Uniform Traffic
Control Devices (MUTCD) detailing all temporary signage and traffic control
measures prior to construction.
iv. Restricting on-street car parking to facilitate safe turning widths for HV’s.
v. Maintenance of safe vehicle and pedestrian access across the frontage of the
site both during daily construction and after daily construction has ceased.
vi. Proposed fencing to the site during the construction phase of the development.
e. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures.
f. Works programme identifying key components of the works and their respective
durations.
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g. Establishment of a communication protocol in the form of an information and response
website, and correspondence to adjoining owners, emergency services and local
businesses to advise of agreed construction times, impacts on traffic and services and
other relevant issues.
h. Include a post out to the local residents and businesses along the haulage route from
the Serenity Close cul-de-sac to the Leslie/Noosa Drive bridge advising of the
proposed development including the expected time frames and the site contact details.
i. Include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details.
j. identification of complaint management procedures including:
i. contact details for the on-site manager.
ii. dispute resolution procedures.
k. details on the location of external fill/dump sites/sources, the haulage route, type of
vehicle to be utilised during filling operations and frequency of usage. Note any
damage to the existing road system as a result of haulage operations shall be fully
repaired at the applicant’s expense.
B. Refuse the representations made to Conditions 5, 11c & 13 for the following reasons:
1. Council has decided to refuse the representations made to Condition 5. The $100,000
compliance bond is imposed to secure the performance of the conditions held within this
Operational Works permit, not the conditions of the higher order Material Change of Use
permit (132008.176.05).
2. Council has decided to refuse the representations made to Condition 11c. The proposed
haulage route is likely to experience degradation due to the geometry of the roads (i.e.,
roundabouts, tight turns, extent of road furniture, up-and-down grades, etc.). Council
acknowledges the haulage route west of the Webya Road/Noosa Drive currently
experiences substantial traffic volumes; however, these volumes are unlikely to consist of
heavy vehicles under load. Council believes the condition is reasonable and relevant and
is in the best interest of both parties to protect themselves during haulage works.
3. Council has decided to refuse the representations made to Condition 13. The bond is
imposed to secure the performance of any municipal asset(s) and provides a financial
incentive for the applicant to undertake the necessary maintenance and/or rectification
works on the asset during the maintenance period and before asset handover to Council.
Council will not accept an asset as ‘on maintenance’ without a municipal works bond
(referred to as a ‘Maintenance Bond’).
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