Delegated Report - Code - Planning OPW19 0239 · OPW19/0239

Author	Monkeith Kadhum - Development Engineer
Development Assessment

APPLICATION DETAILS
Application No.	OPW19/0239
Applicant	Gympie Terrace Noosaville P/L TTE
Proposal	Operational Works - Earthworks
Properly Made Date	25 October 2019
Information Request Date	8 November 2019
Information Response Date	27 November 2019
Decision Due Date	23 January 2020
Report Completed Date	23 December 2019
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	217 Gympie Tce Noosaville Qld 4566
RP Description	Lot 1 RP 66483 Lot 1 RP 70165
Land Area	524 m² 559 m²
Reference Docs:
Geotechnical and ASS Investigation Ref: J000799-002-R-Rev0 by Core Consultants dated Dec 2018
ASS Management Plan Ref: J000799-003-R-Rev0 by Core Consultants and dated April 2019
PROPOSAL
The application seeks approval for Operational Works - Earthworks.
site details
Background
Permit approval MCU19/0030 – Units Development
Site Description

Locality Site Map
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
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Engineering Works Codes
cONSULTATION
Internal Referrals
The application was forwarded to the following internal Council officers:
Conor Neville – Tree protection (Mango tree on the site to be retained)
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 OPW19/0239 for Operational Works - Earthworks situated at 217 Gympie Tce Noosaville Qld 4566 and described as Lot 1 RP 66483
Lot 1 RP 70165, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW19/0239
Street address:	217 Gympie Tce Noosaville Qld 4566
Real property description:	Lot 1 RP 66483 Lot 1 RP 70165
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit Operational Works - Earthworks
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
28292 –CS1.1	-	Operational Works - Cover Sheet, Prepared by SCG Consulting Engineers	April 2019
28292 –OW3.1	C	Operational Works - Bulk Earthworks, Prepared by SCG Consulting Engineers	22 Oct 2019
28292 –OW3.2	B	Operational Works - Earthworks Sections, Prepared by SCG Consulting Engineers	22 Oct 2019
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 27 December 2021 unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITIONS
Sheet Piling
The works for the proposed sheet piling on the site must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who must certify that the works are carried out in accordance with the approved plans and the applicable standards and confirming that the pile works have not impacted on or caused damage to other properties or existing services.
Acid Sulfate Soil Management
All foundations and earthworks must be carried out in accordance with the recommendations of ASS Management Plan Ref: J000799-003-R-Rev0 by Core Consultants and dated April 2019, the findings of Geotechnical and ASS Investigation Ref: J000799-002-R-Rev0 by Core Consultants dated December 2018. The management procedures
An acid sulfate management and auditing procedure must be established in consultation with suitably qualified RPEQ and in compliance with the recommendations of ASS Management Plan Ref: J000799-003-R-Rev0. The procedure must include/address the following:
The potential of adverse impacts to groundwater and/or surface water quality on the site and surrounding environment arising from the disturbance of soils with existing or potential acidity particularly during pile the earthworks activities.
Appointing an experienced ASS practitioner to conduct regular monitoring, auditing and written record.
Identifying and reporting any non-conformance measurements and/or activities and implementing corrective measures that also take into consideration adverse weather and tide conditions.
All treated material must undergo verification testing to achieve neutralisation in accordance with the Queensland Acid Sulfate Soil Technical Manual: Soil Management Guidelines v4.0.
Surface waters must be sampled and tested at a NATA certified laboratory to confirm the following water parameters are met prior to release from the site:
a pH range of 6.5-8.5 pH units;
50mg/L maximum  total suspended solids concentration;
0.3mg/L maximum total iron concentration;
0.2mg/L maximum total aluminium concentration.
Pump out water shall not be discharged in sewer system unless approved by Unitywater
PRIOR TO COMMENCEMENT OF WORKS
Tree protection fencing must be installed under the supervision of the Project Arborist.  (Refer to Vegetation Protection Condition)
All necessary approvals from external service providers (eg Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
Condition report including photographs must be completed and submitted to council prior to the prestart meeting and any works commencing on site that include:
The frontage of the site including kerb line and road pavement.
The existing tree on site identified for protection.
to mitigate potential of liabilities for damage on adjoining private properties, condition report/s including photographs must be carried out prior to any works commencing on site, that include:
All existing retaining walls and fences along the dividing boundaries.
Any existing works/structures on adjoining sites (eg structures, swimming pools, paved areas in close proximity to the boundaries of the site) that could potentially impacted on by the works particularly the piling operation.
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 for works associated with this permit. 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 prestart meeting is 5329 6245. The prestart meeting must include the relevant parties for the following aspects of the works:
Civil Engineering works.
Erosion and Sediment Control.
Acid Sulfate Management.
Other relevant parties
A Construction Management Plan (or an updated CMP Ref: 05-DOC-001 Rev0 by Mcnab Construction)  must be submitted to, and accepted by Council prior to the prestart meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
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.
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased, free from any obstruction or trip hazard and at a minimum width of 2.0m.
Proposed fencing to the site during the construction phase of the development. Any encroachment onto the road reserve by the fencing or site office/sheds must not impede the necessary 2.0m wide pedestrian access and not to exceed 2.0m wide encroachment.
Identify the type of trucks, the routes and frequency for trucks movements from and to the site during the haulage operation. Also, provide the details on the location of external fill site/s.
Note: Any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense.
Identify on a map any required queuing area for trucks during the haulage operation. No queuing of trucks is permitted on residential streets, especially prior to 7.00am, parked trucks must have engines turned off.
Identify on map adequate parking arrangements for construction workers.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control and acid sulfate soil management measures.
Measures to minimise noise and dust emission impact on adjoining properties.
Works programme identifying key components of the works and their respective durations.
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues.
Identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
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.
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.
DURING CONSTRUCTION
Engineering
The developer must meet any costs to repair damage to any public and/or Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans and related documents and conditions detailed in this Decision Notice
The relevant conditions of the higher order Material Change of Use Lot approval Ref: MCU19/0030 to which this approval relates.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
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
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.
Earthworks and Retaining Walls
A permit approval must also be obtained for any site proposed to source fill for, or receive fill from, the development. The transport routes for the haulage of material between these two sites must be identified and approved by Council.
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and uniformity of fill shall be provided by a RPEQ and submitted to Council prior to Council signing the Plan of Survey.
Fall protection, permanent and/or temporary, must be provided to retaining walls that are over 1m high and located.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (eg by blocking or interfering with natural overland flows).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Erosion & Sediment Control
All reasonable measures must be implemented to prevent the potential of sediment export from the site. The measures must be provided to achieve the acceptable targets and should include silt settlement tank and/or silt separator.
A construction hold point/s with a council delegate and supervising RPEQ must be discussed at the prestart meeting and established prior to commencement of excavation works for the development. The hold point must be held as soon as reasonably practical and prior to the first rain event forecast following initial tree clearing or removal of soil stabilising material. At the hold point/s inspection, all required sediment basins, drains and bunds to divert waters away from disturbed soil or soils about to become exposed through cut to fill activities must be installed. All areas that will not require earthworks in the imminent cut to fill operation must be stabilised to prevent entrainment of sediments into existing stormwater system.
Cut to fill earthworks must not commence until after the supervising RPEQ has certified that all installed erosion and sediment controls required by this approval are sized in accordance with the best engineering practices to suite the prevalent soil type and slope of the land with a particular attention is given to the scour protection during and following the construction of pile works.
E&SC measures, including silt settlement tank and/or silt separator, must be  installed and maintained to ensure any waters discharged from the site up to and including a  85%ile 5 day rain event (or 46mm rainfall event)  contain less than 50mg Total Suspended Solids per litre. All relevant measures detailed in the International Erosion and Sediment Control Book 2008 or Sunshine Coast Manual for Erosion and Sediment Control must be installed to minimise the amount of sediment leaving the site in rainfall events that exceed 85%ile 5 day or 46mm.
Peak 1-year ARI event discharge from the construction phase of development must be equivalent to the pre-development peak 1-year ARI event discharge. Measures included in calculations to achieve management of peak flows must be incorporated into the development in a manner that is consistent with the Noosa Plan, all conditions of the approval and does not interfere with adjoining properties.
Prior to the completion of the development, all site surfaces must be effectively stabilised. 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.
(Also refer to advisory notes)
Vegetation Protection
A qualified person* must be engaged for the duration of the works to:
Ensure works are carried out in accordance with the Tree Management Plan, prepared by Consult Arborist P/L, dated 27/09/2019
Oversee installation of all tree protection fencing prior to commencement of any works onsite (including any clearing).
Supervise tree protection within the development site and frontages, prior to, during and following construction in accordance with AS 4970, Protection of trees on development sites.
Oversee approved tree removal in proximity to retained trees.
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.
(*) Refer to Advisory Notes
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
Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
Certification must be provided by the supervising engineer that confirm compliance with the requirement of related reports and recommendations regarding acid sulfate management and stormwater disposal.
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 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.
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 6245 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
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
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
Accepted best practice standards include:
the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2 or other superseding document subsequently adopted by Council;
Best Practice Erosion and Sediment Control, International Erosion Control Association (2008)
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the plan sealing inspection:
Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual; and
Stormwater runoff from the site is not currently, and is not likely to result in visible evidence of sedimentation or erosion, or lead to water contamination.
If at the time of request for plan sealing, the method of short-term stabilisation has not achieved a level of stability that Council's Officers believe will have a high probability of achieving long term stability (i.e. until house construction has occurred on all lots), Council Officers may take the following matters into consideration in determining whether the site is capable of achieving medium to long-term stability:
evidence that the site has been effectively stabilised in the short term;
evidence that soil has been adequately ameliorated;
evidence that seed of annual and perennial grass species has been applied at an adequate rate; and
that grass seed has germinated at a density that is likely to achieve an effective grass cover.
For example, while hydromulch can provide an immediate and effective stabilising cover to soils, the protective cover can be relatively short-lived if vegetation fails to establish before the thin layer of mulch decomposes. So if hydromulch is selected as the method of temporary short term stabilisation, Council Officers will seek to confirm that perennial as well as annual grasses are well established at the time of plan sealing to reduce the risk of instability of the site in the medium to long term. As a general rule, hydromulch will only be accepted as a “patch” fix and should comprise no more than 20% of the exposed site area due to the high risk of failure. Due to the requirement to progressively stabilise exposed areas, it is not envisioned that this will present any difficulties for an appropriately managed and compliant site
Qualified Persons
Qualified Person for the purpose of undertaking, supervising tree works and preparing arboriculture certification, is considered to be a person with a minimum three years current experience in tree protection and hazard identification/mitigation, and has either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Qualified Person 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:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology
Reference documents
Document No.	Rev.	Document Name	Date
J000799-002-R-Rev0	Rev0	Geotechnical and Acid Sulfate Soil Investigation, Prepared by Core Consultants	Dec 2018
J000799-003-R-Rev0	Rev0	Acid Sulfate Management Plan, prepared by Core Consultants	April 2019
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