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Delegated Report - Code - Planning OPW19 0177 · OPW19/0177
Author Development Engineer, Diogo Carrico Development Assessment APPLICATION DETAILS Application No. OPW19/0177 Applicant Deborah Wollard Proposal Operational Works – Earthworks, Vehicle Crossover Properly Made Date 12 August 2019 Information Request Date Not Applicable Information Response Date Not Applicable Decision Due Date 15 October 2019 Report Completed Date 4 October 2019 Number of Submissions Not Applicable PROPERTY DETAILS Property Address 34-36 Allambi Tce Noosa Heads Qld 4567 RP Description Lot 134 RP 94023 Lot 133 RP 94023 Land Area 607m² 607m² Existing Use of Land Residential – Lot 134 RP 94023 Vacant – Lot 133 RP 94023 STATUTORY DETAILS SEQRP Designation Urban Footprint Locality Noosa Heads Zone Detached Housing Overlays None Assessment Type Code PROPOSAL The application seeks approval for Operational Works - Earthworks, Vehicle Crossover. site details Background Applicant seeks approval for non-standard driveway and earthworks to level outdoors recreation area. Proposed driveway impacts on street trees. Site Description Surrounding Land Uses 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: Detached House Driveways Code Earthworks Code cONSULTATION Referral Agencies Not Applicable Other Referrals The application was forwarded to the following internal Council officers: Conor Neville, Ecologist 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 OPW19/0177 for Operational Works – Earthworks, Vehicle Crossover situated at 34-36 Allambi Tce Noosa Heads Qld 4567 and described as Lot 133 RP 94023 & Lot 134 RP 94023, it is recommended the application be approved in accordance with the following details for the Decision Notice: application details Application No: OPW19/0177 Street address: 34-36 Allambi Tce Noosa Heads Qld 4567 Real property description: Lot 133 RP 94023 Lot 134 RP 94023 Planning Scheme: The Noosa Plan (8 June 2018) Decision details Council decided to issue the following type of approval: Development Permit for Operational Works – Earthworks, Vehicle Crossover CURRENCY PERIOD of approval The currency period for this development approval is stated in the conditions below. 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 C.RFI 02 Fill to Recreation Area 30/07/2019 C.RFI 03 Driveway Dimensions (AS ANNOTATED BY COUNCIL) 30/07/2019 CURRENCY PERIOD The Currency Period for this development approval lapses if the development has not substantially started by 15 October 2021, unless an application to extend the currency period is approved by Council. PRIOR TO COMMENCEMENT OF WORKS Engineering A condition report including photographs of the frontage of the site must be completed and submitted to council prior to 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 pre-start meeting must include the relevant parties for the following aspects of the works: Civil engineering works; Arboreal works; Erosion and sediment control works; Other relevant parties A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following: traffic management during the construction phase. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) provision for safe pedestrian access across the frontage of the site both during and outside working hours. 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. Arboreal Works A qualified person* must be engaged for the duration of the works to: Ensure driveway and shaping works within the tree protection zone (5m) of the large Eucalypt in the road reserve are managed in a manner that maximises the possibility of the long term retention of the tree; Oversee installation of all tree protection fencing prior to commencement of any works onsite (including any clearing); Supervise tree protection within the development site and frontages, prior to, during and following construction in accordance with AS 4970, Protection of trees on development sites; Oversee approved tree removal in proximity to retained trees; Undertake a risk assessment of all trees within striking distance of the development works and site and carry out hazard removal and amenity pruning in accordance with AS 4373, Pruning of amenity trees. (*refer advisory note) The Eucalypt tree for protection must: Be protected with a 1.8m high temporary safety fence (or temporary barrier mesh / three-strand wire with pickets at 3m centres); Have the fence installed prior to the prestart meeting and maintained for the entire period of construction; Have no construction material, equipment or personnel entering the tree protection zone except to undertake approved rehabilitation activities. DURING CONSTRUCTION Engineering 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. 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; 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. Arboreal Works The qualified person* must provide a written assessment of the Eucalypt tree to Council during the boxing out works for the driveway. Where the written assessment concludes the likelihood of the safe retention of the tree long term has been compromised, the applicant must establish 2 x 100L Eucalyptus tereticornis within the road reserve frontage in accordance with IPWEAQ standard drawing Gs-010, with the locations to be determined in consultation with Council’s delegate. The applicant must maintain the trees in good health and in accordance with AS 4373, Pruning of amenity trees. (*refer advisory note) 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. Works within Road Reserve/Reinstatement Safe pedestrian 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. 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. 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 crossovers must be constructed generally in accordance with council’s Standard Drawings RS-049 and RS-050 and the approved plans. Any existing unnecessary or redundant property accesses must be removed, and the kerb, footpath and verge area reinstated to match the existing 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. The following must be complied with during the construction of the required crossover/driveway: The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete; Earthworks within the road reserve must be kept to a minimum. The driveway levels must match the existing verge levels as far as practicable; The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties; 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; 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. Earthworks and Retaining Walls All earthworks must 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. Fall protection must be provided to retaining walls that are over 1m high. 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 (e.g. by 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. 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 (refer to E&SC 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. Environment 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. 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). Damage to Services and Assets 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: where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or 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 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 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. Arboreal works Qualified Person, for the purpose of: Undertaking, supervising tree works and preparing arboriculture certification, is considered to be a person with a minimum 5 years current experience in tree protection, hazard identification/mitigation and ISA Tree Risk Assessment Framework qualification assessment and either: International Society of Arboriculture (ISA) certification; or A Diploma of Arboriculture. Prestart, On and Off Maintenance 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. 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. 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 unless noted otherwise 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). As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the final inspection: 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 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. If at the time of request for an inspection, the method of short-term stabilisation has not achieved a level of stability that Council's Officers believe will have a high probability of achieving long term stability (i.e. until house construction has occurred on all lots), Council Officers may take the following matters into consideration in determining whether the site is capable of achieving medium to long-term stability: evidence that the site has been effectively stabilised in the short term; evidence that soil has been adequately ameliorated; evidence that seed of annual and perennial grass species has been applied at an adequate rate; and that grass seed has germinated at a density that is likely to achieve an effective grass cover. 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. [word/footer1.xml] Page 4 of 9 [word/header1.xml] 3 [word/header2.xml] DEVELOPMENT ASSESSMENT DELEGATED REPORT [Attachment: image1.png (image text)] Property ID House Number 34 StreetName _Allambi Tce Let 138 Plan 94023 Lot Pian 13aRP94023, Tenure Freehold Feature Name Locality Noosa Heads ParcelType Lot Type Parcel DAHistory SARA Link Click 0 open Perimererm 100.54 Area me 606.53 Address 34 Allambi Tee, NOOSA HEADS QLD 4567 Thursday Week1 Thursday, 10 Oct 2019 [Attachment: image2.png (image text)] Compare Biodiversity Overla @ draft New Noosa Pian 2019 1985 Supersedes Zone & Penning Zone Map JV Town Boundaries Ml Semi-Anached Housing MM Visitor Mixed Use BH Village mix Ml Neighbourhood Centre % MM Business ce @ MM Shire Busi @ Ml Community Servi BM Industry ning - Biodiversity Overiay ning - Heritage Overt @ Penning - Nat. Hezerd Overlay & Panning - Nat. Resou MB = recile 7. Kania Hani:
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