Delegated Report - Code - Planning OPW22 0253

Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW22/0253
Applicant	Coffee Rock Investments P/L TTE
Proposal	Operational Works - Landscaping
Properly Made Date	12 October 2022
Information Request Date	9 November 2022
Information Response Date	25 November 2022
Decision Due Date	9 January 2023
Report Completed Date	3 January 2023
Report Reviewed By	Diogo Carrico

PROPERTY DETAILS
Property Address	Ocean Breeze 6/52 Hastings St Noosa Heads Qld 4567
RP Description	BUP 4745, Lot 6 BUP 4745
Land Area	5098.0000 m² &112.0000 m²
Existing Use of Land	Commercial

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Tourist Accommodation
Precinct	Hastings Street
Local Plan Area	Noosa Heads
Overlays	Acid Sulfate Soils, Flood Hazard
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works - Landscaping.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Ground Floor Plan

Figure 3 – First Floor Plan

site details
Background
The works were required to address a number of conditions of the associated higher order approval MCU21/0164
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
The application has been found to generally comply with all applicable statutory instruments.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
Other Referrals:
The application was forwarded to Council’s external Landscaping consultant for review and the consultant provided comments and conditions after assessing the amended plans submitted as part of the applicant’s response to Council information request.
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 OPW22/0253 for Operational Works - Landscaping situated at Ocean Breeze 6/52 Hastings St Noosa Heads Qld 4567 and described as BUP 4745, Lot 6 BUP 4745, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW22/0253
Street address:	Ocean Breeze 6/52 Hastings St Noosa Heads Qld 4567
Real property description:	BUP 4745, Lot 6 BUP 4745
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
LANDSCAPE and ECOLOGY CONDITIONS
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
L01	B	Landscape Plan Ground Floor prepared by RG Strategic	23 November 2022
L02	B	Landscape Plan First Floor prepared by RG Strategic	23 November 2022
L03	A	Landscape Details prepared by RG Strategic	23 November 2022
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 3 January 2025, unless an application to extend the currency period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
A prestart meeting 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:
Landscape works.
Other relevant parties.
DURING CONSTRUCTION
General
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.
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 Material Change of Use approval viz. MCU21/0164 to which this approval relates.
All relevant Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
VEGETATION PROTECTION
Retention of Existing Trees and Vegetation
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites and the following:
Oversee installation of all tree protection fencing prior to commencement of any works onsite (including any clearing)
Supervise tree protection measures during all stages of the works
Undertake a risk assessment of all trees within striking distance of the development site and carry out hazard removal and amenity pruning in accordance with AS 4373, Pruning of amenity trees. All pruning works are to be approved by Council prior to the works being commenced
The protection fencing must be installed prior to the prestart meeting and maintained for the entire period of construction
Include ‘Exclusion Zone’ (‘No Go’) signage fixed to the fencing
No construction material or equipment is to be stored within the exclusion zone and no personnel is permitted to enter zone except to undertake approved rehabilitation activities
Include an assessment of the 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) FAUNA - FOR VERY MINOR VEGETATION REMOVAL
Landscape works must be supervised, undertaken and certified by qualified persons*. All works must be completed in accordance with this Decision Notice.
As part of the landscape maintenance, the applicant must maintain any metal tree grate surrounds that are incorporated into the road reserve for the life of the street tree. As the tree trunk growth expands, the applicant shall be required to reduce the inner metal rings to prevent any damage such as ring barking to the base of the tree trunk.
Landscape works must:
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)
Soil for landscaping must:
Provide for healthy and sustained site specific vegetation performance.
Comply with AS 4419, Soils for landscaping and garden use.
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)
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:
Retention of Existing Trees
All trees detailed for retention must be protected in accordance with best arboricultural best industry practices.
Qualified Person
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.
Undertaking, supervising tree works and preparing arboriculture certification, is considered to be a person with a minimum three years current experience in tree protection, hazard identification/mitigation and Specifying Trees – a guide to assessment of tree quality (NATSPEC) assessment and either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Landscape Works
The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges Register where:
An inspection revealed that any constructed rehabilitation/landscape works do not comply with the conditions of the Decision Notice, Approved Plans and or Approved Documents
Certification is submitted to Council falsely stating that works comply with the approved plans, documents and or conditions of the Decision Notice.
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.
Landscape structures must:
Be certified by an RPEQ.
Have gained separate building approval.
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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