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Delegated Report - Code - Planning OPW25 0174 (As Published) · OPW25/0174

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               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.



Document Set ID: 24276062
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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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Document Set ID: 24276062
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