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Delegated Report - Code - Planning OPW25 0174 (As Published) · OPW25/0174
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Martin Baartz
Development Assessment
APPLICATION DETAILS
Application No. OPW25/0174
Applicant Jeannette Margaret Ince
Keith Stuart Ince
Proposal Operational Works - Vehicle Crossover
Properly Made Date 21 October 2025
Information Request Date 23 October 2025
Information Response Date 24 October 2025
Decision Due Date 23 December 2025
Report Reviewed & Daniel Epps – 11 November 2025
Finalised By
PROPERTY DETAILS
Property Address 22 Arakoon Cres Sunshine Beach Qld 4567
RP Description Lot 793 RP 48111
Land Area 608.0000 m²
Existing Use of Land Residential
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential
Precinct Not applicable
Local Plan Area Coastal Communities
Overlays Coastal Protection and Scenic amenity, Landslide Hazard -High
Hazard area
Assessment Type Code
1. PROPOSAL
The application seeks approval for a Operational Works - Vehicle Crossover.
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Version: 2, Version Date: 11/11/2025
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The proposal plan is included below.
Figure 1 – Site Plan
2. APPLICATION BACKGROUND
Works were discovered to be underway without OPW. Crossover works were stopped at 75%,
retrospective application was submitted with DA form 1 to Council Mailbox.
3. SITE DETAILS
3.1. Site History
There is a higher order approval requiring these works (MCU19/0008.02)
3.2. Site Description
Lot is on the low-side of a spilt road, is in proximity to SEW & SW services, width of d/way is
boundary to boundary (existing precedent on street). As its retrospective, the box out and pour is
already done, surface and some minor re-grading works required to transition level change.
4. ASSESSMENT
4.1. 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 (25 September 2020).
4.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Low Density Housing Code
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
AO8.1& AO8.3: Existing land profile and space constraints do not permit full accordance with STD
DWG
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The driveway is generally in accordance with the higher order approval.
The driveway crossover is proposed to be constructed with a non-slip paver. Given the low
pedestrian traffic, the risk is considered acceptable in this instance and has been conditioned to
comply with AS4586 and AS3661.1.
A concrete sleeper retaining wall is proposed in the road reserve. The retaining wall is necessary
to protect an electrical pillar required by Energex. To address any pedestrian risk, a condition is
included to provide a fall prevention fence on top of the wall.
A small vertical step is proposed adjacent to the private paver entrance to the site. While the paver
is considered inconsequential with little risk to Council, the vertical step presents as a trip hazard.
A condition has been included to require the vertical step to be profiled out and free from trip
hazards.
Engineering recommends the following conditions.
5. CONSULTATION
5.1. Referral Agencies
Not Applicable
5.2. Internal Council Referrals
Not applicable
6. 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 OPW25/0174 for a Operational Works - Vehicle Crossover situated
at 22 Arakoon Cres Sunshine Beach Qld 4567 and described as Lot 793 RP 48111, it is
recommended the application be approved in accordance with the following details for the Decision
Notice:
1. APPLICATION DETAILS
Application No: OPW25/0174
Street address: 22 Arakoon Cres Sunshine Beach Qld 4567
Real property description: Lot 793 RP 48111
Planning Scheme: Noosa Plan 2020 (26 September 2025)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for an Operational Works - Vehicle Crossover
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
APPROVED PLANS
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1. 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
968 CD01 Driveway 20 October
2025
Prepared by Robinson Architects
As annotated by Council
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 11 November 2027, unless an application to extend the currency
period is approved by Council.
SITE SPECIFIC CONDITIONS
3. The Arakoon Crescent road carriageway must be constructed to achieve a minimal width of
3.2 metres measured from the existing western edge of the road edge to the new eastern
edge.
All pavement widening or construction of new pavement must join neatly to the existing
pavement so that there are no irregularities in line or level resulting at or adjacent to the join
for the length of the construction. Where necessary the existing pavement must be brought
to a satisfactory standard to allow for the above.
4. All works in Council’s road reserve must not present as a trip hazard to pedestrians.
5. Install a high-contrast corner marker at the wall’s lower corner (or an equally effective
delineator) to clearly define the corner of the retaining wall.
6. Landscaping as a fall protection treatment must:
a. Include species consistent with the approved species list for the character area in The
Noosa Plan 2020 – Planning Scheme Policy 2 (SC6.3).
b. Be located to avoid impeding on vehicle sight lines.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
7. 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.
8. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to any works commencing.
9. 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.
10. 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
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11. 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.
12. 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.
13. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice;
b. The relevant conditions of the higher order Material Change of Use approval viz.
MCU19/0008.02 to which this approval relates;
c. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines; and
d. 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.
14. The integrity and condition of any existing public or Council infrastructure and services
(above ground and/or underground) must not be adversely affected by the proposed works.
Works within Road Reserve/Reinstatement
15. Safe pedestrian and vehicle 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.
16. All frontage works must match neatly with existing road and verge/footpath features.
Additional works beyond the frontage may be required to provide an acceptable transition to
existing road and verge/footpath profiles.
17. 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
18. Driveway crossovers must be constructed in accordance with council’s Standard Drawings
RS-049, RS-050 and any associated addendum.
19. Any existing unnecessary or redundant property accesses must be removed, and the kerb,
footpath and verge area reinstated to match the existing footpath 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.
20. The following must be complied with during the construction of the required
crossover/driveway:
a. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete;
b. decorative surfaces must be approved by Council, have a maximum 5mm depth
variation in the finished surface profile, and comply with AS4586, AS3661.1 and any
associated addendum;
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c. The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties;
d. Underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway;
e. Where there is an existing pedestrian path, a matching crossfall must be provided for
the driveway on the alignment of the path, for the full width of the path;
f. 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; and
g. The property access must be located a minimum of 1m clear of existing power poles,
streetlights or other signage. The developer is responsible for any necessary relocation
of existing services to provide this clearance and must contact the relevant service
authorities and comply with their requirements in relation to these works.
Retaining Walls
21. Fall protection must be provided to retaining walls where either:
a. the vertical fall from the pedestrian-accessible side of a retaining wall to the lower level
exceeds 1.0 m at any point; or
b. the wall is within Council Road reserve or other Council-controlled land.
Stormwater Drainage
22. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
23. 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).
24. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
25. Any proposed surface drainage grate must be located wholly within private property.
Erosion and Sediment Control
26. Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
Regulation 2019) 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.
27. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system, natural waterways, any downstream stormwater filtration
system or adversely impacting on other properties. The sediment and erosion control design
and measures have NOT been approved, it is the site's Supervising Engineer who is
responsible for ensuring that the sediment and erosion control measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods;
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods;
c. Been revised to address predicted rainfall events; and
d. Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be
found inefficient.
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28. The erosion and sediment control measures must be designed, installed and maintained in
accordance with the supervising engineer instructions and the current best practice
standards.
(*) Refer to Advisory Note
29. The developer must ensure non-essential exposure of soil is prevented by restricting the
extent of disturbance and minimising the duration of soil exposure to adverse weather
conditions and effectively turf, cover or stabilise any disturbed area without delay and prior
to rainfall occurring.
30. The developer must ensure sediment does not leave the site or enter onto adjoining
properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or
machinery. It is essential to implement appropriate approved erosion and sediment control
measures throughout the site during all phases of construction including vehicle shakedown
pad/grid (or similar) at the access to the construction site. Where sediments or other
contaminants are deposited on a road, they must be removed so as not to enter Council’s
drainage system or waterways.
Damage to Services and Assets
31. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. 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
32. A final inspection and approval of the new driveway and completed reinstatement works by
Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the
inspection.
33. 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.
34. Upon completion of the work, submit an “As Constructed” revision of the approved plan(s) to
reflect the completed works.
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
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
1. 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 standard drawings RS-049, RS-
050 and any associated addendum.
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2. 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.
3. 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.
4. 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.
Final Inspection Request
5. Contact Council on 5329 6500 to arrange a final inspection giving a minimum of 5 business
days’ notice of preferred inspection time.
6. 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
7. 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
8. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
9. Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
Engineer of Queensland (RPEQ).
10. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
a. 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
b. 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.
Landscaping
11. Public amenity trees are defined as any tree located within public streets, parks or areas that
will become publicly owned as a result of this development.
Road Reserve Permit
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12. This development permit provides the applicant with written authority to undertake the
prescribed works. Any additional activities that are undertaken inside Council’s road reserve
for the purpose of acting on this development permit may require a Road Reserve Permit.
These additional activities may include, but are not limited to, hoarding, pedestrian
diversions, laneway closures, etc. To apply for a Road Reserve Permit, or for more
information, Contact Council’s Road Reserve Officer at [email protected] Act 2014 – Fire Ant Control
13. Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
individuals and businesses are responsible for ensuring that they follow the movement
controls for specific organic materials to help prevent the spread of fire ants within South
East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
ant biosecurity zone may need a biosecurity instrument permit. More information is available
on https://www.fireants.org.au/treat/business-andindustry/movement-controls.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
11. SUBMISSIONS
Not applicable.
12. 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.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
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