OPW14/0362 Approved Decision Notice

Officer:	Monkeith Kadhum
Direct Telephone:	5329 6293
Our Reference:	MKADHUM:OPW14/0362
Your Reference:	141720

3 February 2015

Covey Associates
PO Box 16
MAROOCHYDORE  QLD  4558

[email protected]

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009

I refer to your application and advise that on 3 February 2015, Council decided to approve the application in full subject to conditions.

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

Application No:	OPW14/0362
Street Address:	8 Noosa Pde NOOSA HEADS  QLD  4567
Real Property Description:	Lot 3 N 21841
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following type of approval has been issued:
Development Permit for Operational Work (Reconstruction of stormwater pit near driveway)

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

Prior to Construction Commencing
Prior to any works commencing, a joint Prestart Meeting must be organised with Council’s delegate by contacting Council on 5329 6244* giving a minimum five days notice.  The Prestart Meeting must be attended by the:
Engineering Consultant.
Principal Contractor.
(* Refer to Advisory Note)

Prior to requesting a Prestart meeting a cash bond or trading bank guarantee to the sum of $5000 must be submitted to Council to secure performance of all conditions of this approval.  The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.  Council reserves the right to call upon the bond or guaranteed sum to effect compliance with condition.

A construction management plan must be provided prior to the prestart meeting and the commencement of development works on this site,  the plan must address in particular:
Traffic management during all aspects of the construction phase including:
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 access across the frontage of site for pedestrians and cyclists at all times, during and after construction hours.
Providing safe parking arrangements for all machinery and cars during construction phase without adversely impacting on the traffic flows in Noosa Parade.
Implementing measures to minimise the impact on the availability of on-street parking spaces for the use of the public.
Ensuring no hindrance to the accesses to other properties.
Effective procedures and measures to minimise adverse environmental impact on other properties and roads users including noise and dust emission.
Establishment of a communication protocol with the adjoining owners and any other affected parties to advise of construction times, impacts on traffic and services and any other relevant issues.

At least 5 working days prior to any works commencing, written advice must be provided to Council detailing:
The name, contact details and ACN for the supervising Registered Professional Engineer of Queensland (RPEQ) and Principal Contractor.
Proposed dates for commencement and completion of construction.
Certificates demonstrating currency of public liability insurance and works insurance covering the works in line with the planning scheme.
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to Council in writing within 5 business days of the change occurring.

Any conflict between the development and existing or proposed services must be referred to the relevant service authority for determination prior to commencement of works.
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.

A condition report including photographs of the frontage of the site (footpath, kerb line and road pavement) should be completed and submitted to Council prior to any works commencing.

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 and the current engineering standards.  Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers or as otherwise agreed to in the Prestart Meeting.

All works must be constructed and work procedure undertaken in compliance with:
The approved plans and conditions detailed in this Decision Notice.
All relevant Noosa Council Planning Scheme Policies, 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.
Reinstatement Works for Kerb, Footpath and Road Pavement
Any existing footpath and kerb sections requiring removal due the works must be saw-cut and removed to allow for a smooth and neat finish with the new works.

Any new kerb shall match the existing alignment of kerb line and be consistent in type/profile with the existing kerb line.

Any reinstatement of the road sub-base and pavement must be carried out to the supervising engineer instructions and in accordance with Standard Drawing SEQ R-170 (Pavement Extension).  Disturbed subgrade surface must be compacted to comply with Council’s standard.

Any street line marking affected by the works must be reinstated to pre-works conditions.

Any new section of footpath shall be generally in accordance with the approved plan, and:
Must smoothly match the finish surface, grades and levels of the existing concrete footpath without posing any trip hazard.
The construction joints between the old and new footpaths must be constructed in accordance to the recommendation of the supervising engineer such as to ensure durability and stability of the joint from subsidence and damage.
Must be constructed to ensure pedestrian safety using non-slip materials
Stormwater Pits and Pipe Works
All new and modified stormwater pits must be constructed in accordance with Council’s standards and the current Standard Drawings, unless approved otherwise by Council.

Works must be carried out in a manner does not disturb or adversely affect the integrity of the existing pipelines.  Where works necessitate the replacement of sections of the existing pipeline, the new pipeline must match the size and the strength category of the existing one.

Pits must be provided with concrete benching to prevent ponding and/or siltation in the pits.

Erosion and Sediment Control
The developer must ensure non essential exposure of soil is prevented by minimising the duration of soil exposure to adverse weather conditions and effectively stabilise any exposed area without delay and prior to rainfall occurring.

The developer must ensure sediment does not leave the work site or enter Council’s drainage system due to surface runoff or on tyres of vehicles and machinery. The developer must implement appropriate approved erosion and sediment control measures throughout the site during all phases of construction.

5.	REFERRAL AGENCIES

Not Applicable.

6.	APPROVED PLANS

The following plans are Approved Plans for the development:

Approved Plans
Plan No.	Rev.	Plan Name	Date
Project:141720 Sheet No: C01	B	Stormwater Pit Reconstruction, prepared by Covey Associates Pty Ltd	12 January 2015

7.	REFERENCED DOCUMENTS

Not Applicable.

8.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

Prestart Meeting
Please note that prior to arranging a pre-start meeting the following needs to complied with:
The Right of Appeal Period of 20 business days should have been passed or the applicant has confirmed by a letter or email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
Performance bond, as specified in the conditions of approval, has been submitted to Council.

On and Off Maintenance Bond and Inspections
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.

Upon formal acceptance of the works ‘On Maintenance’, the bond/bank guarantee will be reduced to an amount of 5% of the total value of the works or $1,500, whichever the greater, to be retained by Council during the maintenance period as security for the performance of the maintenance obligations.  The bond will be returned upon formal acceptance of the works ‘Off Maintenance’.

A minimum maintenance period of 12 months will apply to all municipal works and thereafter until such time as the works are performing in accordance with the approved design and the relevant standards unless notifies otherwise.

Engineering Certification
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.

General 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.

9.	PROPERTY NOTES

Not Applicable

10.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

11.	FURTHER DEVELOPMENT PERMITS REQUIRED

Not Applicable

12.	SELF ASSESSABLE CODES

Not Applicable.

13.	SUBMISSIONS

Not Applicable.

14.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

15.	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”.

16.	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

cc	Unitywater

Enc:	Approved Plan
Appeal Rights

	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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