OPW15/0122 - Approved Decision Notice

Officer:	Monkeith Kadhum
Direct Telephone:	07 5329 6293
Our Reference:	MKADHUM:OPW15/0122
Your Reference:	N/a

17 July 2015

JP Dunn & JW Nickel
PO Box 993
NOOSA HEADS  QLD  4567

[email protected]

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009

I refer to your application and advise that on 17 July 2015, Council decided to approve the application in full subject to conditions.

Details of the decision are as follows:
1.	APPLICATION DETAILS

Application No:	OPW15/0122
Street Address:	5 Banksia Ave NOOSA HEADS  QLD  4567
Real Property Description:	Lot 12 SP 188268
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following type of approval has been issued:
Development Permit for Operational Works (Driveway Crossover)

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 2 years starting the day that this development approval takes effect.

4.	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 Name	Date
WD101	C	Site Plan, prepared by idc design	02/03/2015
Prior to Commencement of Works
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 6244. The pre-start meeting must include the relevant parties for the civil engineering and landscaping works.
(*) Note: Refer to Advisory Notes of this Decision Notice regarding arranging a prestart meeting.
Prior to any works commencing a condition report including photographs of the frontage of the site must be completed and submitted to council prior to the prestart meeting.
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.
Prior to the commencement of the construction of the proposed driveway and associated works,  construction management measures must be in place to address the following:
Traffic Management during the construction phase including:
Minimising impact on traffic flows and safety in the local roads including any required temporary signage and traffic control measures in accordance with Manual of Uniform Traffic Control Devices (MUTCD) to provide warning to drivers and road users of any safety hazard or changes to traffic conditions due to the proposed works.
Fencing to the work site during the construction phase as may be necessary to ensure the safety of the public and the road users.
Providing safe parking arrangements for all machinery, appliances and cars during construction phase without adversely impacting on the traffic flows, traffic safety and the availability of parking spaces along the local streets.
No hindrance or obstruction to any existing access to other properties.
Tree protection fencing must be installed under the supervision of an arborist or/and in accordance with the instructions of Council’s representative.
Effective procedures and measures to minimise adverse environmental impact on other properties and road users including noise and dust emission.
Maintaining a communication protocol with the adjoining owners to advise of construction times, impacts on traffic and services and any other relevant issues.
General Requirements
All works must be constructed in accordance with:
The relevant Council’s Codes and Planning Scheme Policies (The Noosa Plan), particularly PSP 5 – Engineering Design Standards – Roads, Drainage and Earthworks.
Provision of the Work Health and Safety Act and such other legislation as is applicable to workplace health and safety.
The conditions of this Decision Notice
The vegetation located in the road reserve and covenant area must be protected except for the construction and use of the driveway within the approved footprint.
Damage and Alteration to Services and Public Assets
The integrity and conditions of any existing public or Council infrastructure and services (aboveground and/or underground) must not be adversely affected by the proposed works.
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.
All costs associated with repair, replacement or alteration to existing infrastructure must be met by the applicant.
The New Driveway
The new driveway and vehicular crossover to the site shall be constructed generally in accordance with approved plan and must:
Generally comply with standard drawing SEQ R-050.
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete.
Comply with the requirements of AS2890.1 Off-street Car Parking for longitudinal and crossfall gradients.
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.
Have a maximum width of 4.5m.
Be constructed to ensure pedestrian safety using non-slip materials to produce an evenly graded surface finish that matches the existing grassed verge and does not create any trip hazards.
Provide for underground service conduits for electricity, telecommunication and any other services.
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.
Pavement design for privately owned works must be undertaken in accordance with the relevant standards. The structural integrity and the ongoing maintenance of the crossover and driveway will remain the responsibility of the property owner.
Stormwater Drainage
The constructed driveway must not adversely impact on the existing drainage conditions on other properties, the road formation or the road reserve. (eg by blocking or interfering with natural overland flows or causing additional ponding).
Any proposed stormwater pipelines and surface drainage grate/s must be located wholly within private property.
Stormwater drainage works must not impact on existing vegetation within the covenant area.  Where possible all stormwater pipelines and structures should be constructed outside the covenant area and within the driveway alignment and building footprint.
Erosion and Sediment Control
The applicant 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 turfed as soon as practicable and prior to any predicted rainfall occurring.
The applicant must implement appropriate erosion and sediment control measures during all phases of construction particularly to ensure sediment does not leave the site or ends into the street’s channel and Council’s drainage system due surface runoff or on tyres of vehicles and/or machineries and appliances.
Prior to the completion of the development, 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.
Final Inspection
A final inspection and approval of the completed works by Council’s Inspector is required.  Please contact Council’s Engineering and Environmental Assessment Section on 5329 6244 to arrange for the inspection.

5.	REFERRAL AGENCIES

Not Applicable.

6.	REFERENCED DOCUMENTS

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
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the accuracy of the drawings has not been undertaken by Council.  The applicant 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.
Arranging Prestart Meeting
It should be noted prior to arranging a pre-start meeting, the Right of Appeal Period of 20 business days should have been passed or the applicant has have confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
Additional Inspections by Council
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 Note
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.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that:  “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage.”   It is an offence to fail to comply with the duty of care.  Substantial monetary penalties may apply to individuals or corporations breaching this duty of care.  Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.

8.	PROPERTY NOTES

Not Applicable.

9.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

10.	FURTHER DEVELOPMENT PERMITS REQUIRED

Not Applicable

11.	SELF ASSESSABLE CODES

Not Applicable.

12.	SUBMISSIONS

Not Applicable.

13.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

14.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

15.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully

Monkeith Kadhum
Development Engineer

Enc:	Approved Plans/Documents
Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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