Delegated Report OPW19 0033 · OPW19/0033

Author	Monkeith Kadhum - Development Engineer
Development Assessment

APPLICATION DETAILS
Application No.	OPW19/0033
Applicant	Emily Jane Latham Anthony Robert Wardrop
Proposal	Operational Works - Clearing Vegetation under planning scheme, Earthworks, Landscaping, Vehicle Crossover
Properly Made Date	18 February 2019
Information Request Date	15 March 2019
Information Response Date	3 April 2019
Decision Due Date	15 May 2019
Report Completed Date	14 May 2019
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	205 Blueberry Dr Black Mountain Qld 4563
RP Description	Lot 175 SP 115740
Land Area	9479m²
Existing Use of Land	Vacant  Land (Rural Settlement Zone)
PROPOSAL
The application seeks approval for a Operational Works - Clearing Vegetation under planning scheme, Earthworks, Landscaping, Vehicle Crossover.
site details
Site Description

Site Locality Plan
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 – Regarding vegetation clearing.
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 OPW19/0033 for a Operational Works - Clearing Vegetation under planning scheme, Earthworks, Landscaping, Vehicle Crossover situated at 205 Blueberry Dr Black Mountain Qld 4563 and described as Lot 175 SP 115740, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW19/0033
Street address:	205 Blueberry Dr Black Mountain Qld 4563
Real property description:	Lot 175 SP 115740
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Clearing Vegetation under planning scheme, Earthworks, Landscaping, Vehicle Crossover
CURRENCY PERIOD of approval
The currency period for this development approval is 2 years starting the day that this development approval takes effect.
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
1901-01	A	Layout Plan, prepared by Callaghan & Toth	18/01/2019
1901-02	A	Longitudinal Section, prepared by Callaghan & Toth	18/01/2019
PRIOR TO COMMENCEMENT OF WORKS
Performance and compliance bond of $2000 must 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.
Vegetation with the road reserve requiring removal to improve sight lines shall be determined and marked onsite at the pre-start meeting by Council’s delegate.
Replacement street tree/s shall be discussed and agreed to at the pre-start meeting.
Protection measures for trees identified for retention must be provided in consultation with and supervision by suitably qualified person (eg arborist) and be discussed with Council’s delegate at the pre-start meeting.
To ensure works are carried out in accordance with the Nature Conservation Act 1992, the need to engage a qualified person to manage fauna prior and during clearing shall be discussed and confirmed with Council delegate at or prior to the pre-start meeting.
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.
Copies of the approved plans, duly signed by the consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer Construction at the “pre-start” meeting.
A condition report including photographs of the frontage of the site must be completed and submitted to council at/prior to the prestart meeting and prior to any works commencing.
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.
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 6245. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Vegetation clearing/landscape works;
Erosion and sediment control works;
Other relevant parties.
A Construction Management Plan must be submitted to Council at/prior to the pre-start 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.
Proposed fencing to the site during the construction phase of the development.
Queuing of trucks should be restricted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures.
Works programme identifying key components of the works and their respective durations.
Establishment of a communication protocol with the adjoining owners to advise of construction times, impacts on traffic and services and other relevant issues.
identification of complaint management procedures including:
Contact details for the on-site manager.
General dispute resolution procedures.
For haulage operations involving significant volumes of fill material or excavated material being transported onto or off the site: details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.  NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
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
General
The developer must meet any costs to repair damage to any 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.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
Pavement Design and Construction
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
Reinstatement Works within Road Reserve
The road grassed verge must be modified and reinstated to smoothly match the levels of the new driveway and any existing services (eg Telstra pits) to minimise potential of trip and fall hazard.  Any necessary adjustments to the levels of existing services, if required, must be referred to and approved by the relevant service providers with all cost be met by the applicant/owners. Additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Electrical conduits or other services proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Site Access and Driveways
Driveway crossover must be constructed generally in accordance with the approved plans as certified by the supervising/certifying RPEQ and be generally in compliance with the relevant requirements of AS 2890.1, and must :
Be generally in accordance with IPWEA standard drawings RS-049 and RS-050.
Have surface consists of either an approved hot mixed asphaltic concrete or plain/patterned concrete.
Have a slip resistant surface.
Be constructed so as not to concentrate stormwater runoff, increase flows or cause ponding onto neighbouring properties and road verge.
Located clear from existing trees identified for retention and as may be agreed to athe pre-start meeting.
Have a minimum clearance of 500mm from any Unitywater/Telstra asset, unless a written approval is obtained from Unitywater/ Telstra and submitted to Council.
The property access must be located a minimum of 1m clear of any existing power poles, streetlights and street signage.
Any existing kerb & channel and/or concrete footpath sections requiring removal due to the new works must be saw-cut and removed to allow for a smooth and neat finish between the existing and the new works.
Earthworks and Retaining Walls
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 2’ 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 must be provided to retaining walls that are over 1m high and located.
Slope and batters are a maximum grade of:
1 in 6 where in proximity to waterbodies
1 in 4 for grassed areas.
1 in 3 for planted areas
1 in 2 for combined structural engineering and planting solutions.
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 (including grassed verge) eg by concentrating, 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.
Landscape
Landscape works must:
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.
Any turfed areas be free of pest, diseases and weeds and level with adjoining surfaces.
Public amenity trees must:
Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC) and as may have been agreed to at the pre-start meeting.
Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines.
Environment
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.
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) 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.
During construction, erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards (refer to advisory notes).
Upon completion of works, 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 (refer to advisory notes). 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.
Limit soil exposure on the site to a distance of no more than 2m beyond the extent of earthworks shown on the approved plans except where the exposed soil is effectively stabilised without delay and prior to rainfall occurring.
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.
A final inspection and approval of the new driveway and completed reinstatement works by Council’s Inspector is required. Please contact Council on 5329 6245 to arrange for the inspection.
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 designed and 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.
As this driveway is a private structure, the owner bears full responsibly for the standard of its construction, maintenance and any liabilities associated with its construction. It is recommended that professional advice be sought for the construction of the driveway to ensure that the driveway is constructed in accordance with the current standard drawings RS-049 and RS-050.
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, 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.
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.
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)
Landscaping
Qualified Person, for the purpose of:
Managing Fauna protection is considered to be a certified Fauna Spotter Catcher
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