Decisioon Notice OPW14-0043 · OPW14/0043

Officer:	Monkeith Kadhum
Direct Telephone:	07 5329 6293
Fax:	07 5329 6501
Our Reference:	OPW14/0043
Your Reference:	N/A

10 February 2014

S Campbell
59 Paradise Drive
WEYBA DOWNS  QLD  4562

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009

I refer to your application and advise that on 7 February 2014, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
1.	APPLICATION DETAILS

Application No:	OPW14/0043
Street Address:	18 Sunseeker Close  QLD  4566
Real Property Description:	Lot 67 RP 842163
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following type of approval has been issued:
Development Permit for Operational Work (Engineering Works - Stormwater Drainage Works, Access, Carparking & Frontage Works and Landscaping)

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

ENGINEERING

Prior to Construction Commencing
Prior to any operation works commencing, a joint prestart meeting must be organised with Council’s delegate by contacting Council on 5329 6547 or 0410512537.  The prestart meeting must be attended by the:
Engineering Consultant,
Principal Contractor,
And all other relevant parties.

Prior to commencement of the construction of the proposed driveway and associated works,  construction management measures must be in place to address the following:
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 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 in Sunseeker Close.
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.

Access to the construction the site must be via Sunseeker Close frontage only; no access to the construction site is permitted from Gibson Road or the adjacent laneway.

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 an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.

This approval must be coordinated with all other approvals relating to this development.

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 should be completed and submitted to Council prior to any works commencing.

Any reconstruction and adjustment works to the existing Kerb & Channel associated with the construction of the new access driveway must be constructed and joined neatly to the existing Kerb & Channel using saw cut finish.

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.

All works must be constructed and work procedure undertaken in accordance with:
The approved plans and conditions detailed in this Decision Notice.
The relevant conditions of the higher order approval for Material Change of Use file: MCU13/0080 to which this approval relates.
All relevant Noosa Council Planning Scheme Policies, particularly PSP 5 – Engineering Design Standards Scheme – Roads, Drainage and Earthworks.
Provision of the Work Health and Safety Act and such other legislation as is applicable to workplace health and safety.

Driveway Design and Construction
The driveway crossover must be in compliance with standard drawing SEQ R-050.

Pavement design for privately owned works (driveway and parking areas) must be undertaken in accordance with the relevant standards. The structural integrity of the driveway and carpark areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.

Erosion and Sediment Control
The applicant must ensure non essential exposure of soil is prevented by restricting the extent of clearing and minimising the duration of soil exposure to adverse weather conditions and effectively turf or stabilise any cleared area without delay and prior to rainfall occurring.

The applicant must ensure sediment does not leave the site or ends into the street channel and Council’s drainage system due surface runoff or on tyres of vehicles and/or machineries and appliances.  It is essential to implement appropriate approved erosion and sediment control measures internal and external to the site during all phases of construction including vehicles shakedown pad/grid at the access to the construction site.

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. 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.

On Maintenance
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to commencement of use.  To achieve ‘On Maintenance’, the supervising RPEQ must submit to council:
Certification that all works have been undertaken and completed in accordance with the requirements of this Permit.
As Constructed details in accordance with Council’s requirements planning scheme policies.

As Constructed Plans
Prior to acceptance of civil works to become Council assets “On Maintenance”, the lodgement of satisfactory “As Constructed” records must be submitted to Council. The “As Constructed” information must include:
Drawings and data certified by a qualified experienced Civil Engineer (RPEQ) for design intent, and certified by a Licensed Surveyor in regard to the cadastre and the location, level and type of all services and structures.

Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide:
Confirmation that all municipal land has been transferred to Council.
Written request of bond release.

Landscaping
Landscape works must:
Be constructed and maintained in accordance with the approved landscape plan except where amended by condition or plan annotation.
Delineate all planting to grassed area interfaces with a timber edge.
Ensure amenity or sales signage and ancillary infrastructure are not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled.

Public amenity trees (Street Trees)* must:
Be selected from the following species
Buckinghamia celastroides
Cupaniopsis anacardioides
Elaeocarpus reticulatus
Acmena hemilampra
Syzygium luehmannii
Be a minimum of 45 L pot size and staked to assist growth
Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC).
Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines.
Be located from services and infrastructure a minimum of:
6m from electricity poles and pillars.
4m from street lighting.
2m from stormwater catchment pits.
2m from any adjoining driveway.
*(Refer to Advisory Note)

Turfed areas must be must be free of pest, diseases and weeds and level with adjoining surfaces.

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
A101	J	Site Plan, prepared by Steven Campbell As Annotated By Council	05/02/2014
2774-OP2	A	Operational Works Stormwater Drainage, prepared by Construction Hydraulic	22/08/2013
A220	J	Landscape Plan, prepared by Steven Campbell As Annotated By Council	05/02/2014

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:

General
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.

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.

On and Off Maintenance Inspections Request
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
a Council inspection reveals works do not comply with approval requirements.
submitted certification falsely states works comply with approval requirements..

The On-maintenance bond/guarantee will be reduced to an amount not less than 5% of the total value of the works upon formal acceptance of the works ‘On Maintenance’, and 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 unless notifies 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.

Connections to Sewer and Water Mains
Sewer and water services are under the jurisdiction of Unitywater. Any matter relating to connecting to the these service or to the compliance with the conditions of the higher order approvals regarding sewer and water connections must be referred directly to Unitywater.

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

MARK LEWIS
SENIOR ENGINEERING OFFICER

Enc:	Approved Plans/Documents
Appeal Rights

cc	Unitywater

	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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OPW14/0043

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NOOSA COUNCIL PO Box 141 P. (07) 5329 6500 [email protected]

ABN: 97 969 214 121 TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qid.gov.au


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