Decision Notice - Approved by Delegation of Authority OPW17 0600

Officer: 	Monkeith Kadhum
Direct Telephone: 	07 53296293
Our Reference:	OPW17/0600 :
Your Reference:	.
17 January 2018
MR Skilton
31 Elanora Avenue
MOOLOOLABA   QLD  4557

[email protected]

Dear Sir,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 15 January 2018, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW17/0600
Street address:	176 Eumundi Noosa Road, Noosaville Qld 4566
Real property description:	Lot 26 SP 151406
Planning Scheme:	The Noosa Plan (3 July 2017)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - 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 shall generally comply with the approved plans of development. The approved plans are listed in the following table and as amended by the conditions of this permit.
Plan No.	Rev.	Plan Description	Date
-	-	driveway & Allotment Plan As Annotated By Council in Red	Undated
SITE SPECIFIC CONDITIONS
This permit approval is for a vehicular crossing over the road grassed verge of Vision Court and not related to the extension of the driveway into the subject site.*
* Refer to Advisory Notes 1 and 2
The driveway design and construction including the kerb tapers must match the existing levels of the Kerb & Channel and the grassed verge without creating fall and/or trip hazards.
The driveway must be located so that it and its kerb tapers will not project onto the frontage of any adjoining property.
The driveway must be located so that its kerb tapers will have a minimum clearance of 500mm for the lentil of any existing Council stormwater pit and/or kerb inlet.
The road grassed verge must be reinstated to smoothly match the levels of the new driveway and any existing services (eg stormwater pit, sewer manhole, Telstra pit) 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.
Upon completion of the work and prior to the final inspection a certificate must be issued by a Registered Professional Engineer Queensland (RPEQ) certifying that the proposed driveway have been constructed in accordance with the conditions of this permit and to grades that prevent standard vehicle from scraping pavement (of the driveway and/or the road) or bottoming down.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
A condition report including photographs of the frontage of the site must be completed for future reference and made available to Council at 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.
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 prestart meeting must include the relevant parties for the following aspects of the works:
Civil engineering works.
A traffic management measures must be implemented and discussed with Council’s inspector at the prestart meeting and must specifically address the following:
Appropriate traffic signage in accordance with the 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.
Provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
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.
DURING CONSTRUCTION
General
The developer must meet any costs to repair any damage caused to Council and/or public assets including existing services and streetscape during carrying out the works, 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 constructed and work procedure undertaken in accordance with:
The approved plans and conditions of this permit approval.
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.
Driveways
Driveway crossovers must be constructed generally in accordance with the approved plans and as directed by the supervising/certifying RPEQ and in compliance with the relevant requirements of AS 2890.1 and IPWEA Standard Drawings RS-051, and must :
Have surface consists of either an approved hot mixed asphaltic concrete or plain 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.
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/or street signage.
Any existing unnecessary or redundant property access and/or driveway laybacks to this frontage of the site must be removed, and the kerb, footpath and verge area reinstated in a manner to match the footpath, kerb and/or verge treatments. Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed or turf, and must be maintained by the developer until established.
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 should be generally certified by an RPEQ.
Stormwater Drainage
Any stormwater kerb outlet in a close proximity to the edge of the new driveway must be provided with an approved durable kerb adaptor.
Any proposed surface stormwater grated channel or pit must be located wholly within private property.
Environment (Erosion and Sediment Control)
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.
The contractor 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 suitably covered/stabilised/reinstated as soon as practicable and prior to any predicted rainfall occurring.
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, particular attention must be given to prevent sediment from entering into Council’s street stormwater drainage system. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards (refer to advisory notes).
FOLLOWING CONSTRUCTION
Certification and Final Inspection
Following the certification of the works by the supervising RPEQ, 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
Prior to constructing the proposed crossover, it is recommended that a design or concept for the future development on the site be prepared so the access point be located appropriately to correspond with design of the development. It should be noted that access driveway will likely to require significant earthworks (excavation) within the site to achieve grades compliant with Council requirement and the applicable engineering standards
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the drawings has not been undertaken.  The applicant/developer bears responsibility for all aspects of the design.  It is recommended that a professional advice or design by a Registered Professional Engineer Queensland (RPEQ) is obtained prior to construction. Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” must be made. Amended plans clearly indicating the changes must be lodged with this application along with any applicable 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 Appeal Period of 20 business days must have passed or the applicant must have provided Council with written confirmation that the applicant has accepted the conditions of Decision Notice and waived their appeal rights.
If Council officers are required to undertake additional inspections of the same works, re-inspection 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)
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 Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
property notes
Not applicable.
VARIATION approval
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.

Yours faithfully,

Monkeith Kadhum
Development Engineer

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
228 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(Refer to Schedule 1 of the Planning Act 2016)
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
229 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
230 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
231 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

[word/footer1.xml]
Page 7 of 7

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 7

[Attachment: image3.png (image text)]
ee) NOOSA COUNCIL