Decision Notice OPW16/0308

Officer:	:Conor Neville
Direct Telephone:	 07 53296287
Fax:Our Reference:	:opw16/0308
Your Reference:	:.

13 January 2017

Tim Ditchfield Architects
PO Box 603
NOOSA HEADS  QLD  4567

[email protected]

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 13 January 2017, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW16/0308
Street Address:	58 Noosa Pde NOOSA HEADS  QLD  4567
Real Property Description:	Lot 260 N 21858
Planning Scheme:	The Noosa Plan (28 October 2016)
Decision details
The following type of approval has been issued:
Development Permit for Operational Work - Landscaping & Frontage works footpath
Relevant period of approval
The relevant period for this development approval is 2 years starting the day that this development approval takes effect.
assessment manager conditions
LANDSCAPE CONDITIONS
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans for the frontage works for footpath, driveway and landscaping are listed in the following table unless otherwise amended by these conditions.
Plan No.	Issue	Plan/Document Name	Date
LP1.01	B	Cover Sheet Prepared by VEE Design	31/8/16
LP1.02	B	Legend and Materials Schedule by VEE Design	31/8/16
LP1.03	B	Specifications and General Notes Prepared by Vee Designs	31/8/16
LP1.04	B	Plant Schedule Prepared by Vee Designs	31/8/16
LP3.01	B	Planting Plan Ground Floor Prepared by Vee Designs	31/8/16
This approval must be coordinated with all other approvals relating to this development.
DURING CONSTRUCTION
General
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 constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
All relevant Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
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.
All 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.
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 6465. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Landscaping works;
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/landscaping frontage 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.
Driveway
Driveway crossovers must be constructed generally in accordance with Council’s Standard Drawing RS-049 and RS-050.
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.
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.
the driveway must be in accordance with the requirements of AS2890.1 Off-Street Car Parking for longitudinal and crossfall gradients.
the driveway must be constructed so as to not concentrate or direct stormwater runoff onto neighbouring properties
underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway
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
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.
any stormwater kerb outlet in close proximity to the edge of the new driveway must be provided with an approved kerb adaptor
any existing kerb sections requiring removal due to the works must be saw-cut and removed to allow for a smooth and neat finish with the new driveway
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.
Stormwater Drainage
The constructed works must not cause additional ponding on the road formation or the road reserve.
Pathway
The pathway must be constructed in accordance with Council’s Standard Drawing RS-065
Landscaping Works
Landscape frontage works must be supervised, undertaken and certified by qualified persons*.  All Landscape frontage works must be completed in accordance with this Decision Notice.
(* Refer to Advisory Note)
Landscape works must:
Delineate all planting to grassed area interfaces with a hard edge either timber of concrete.
Ensure permanent irrigation is not installed within the road reserve.
Mulching for the street trees must be 25mm hoop pine with a minimum 100mm depth once settled.
Ensure any paving in the road reserve does not present a trip hazard at any time.
Street trees must:
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.
1m from any adjoining driveway.
Turfed areas must be must be free of pest, diseases, weeds and level with adjoining surfaces.
Bonds
Prior to the commencement of municipal works associated with this development, Council requires the provision of a bank guarantee, or a cash bond, of not less than 10% (minimum of $5000) of the value of the municipal works. See Advisory Notes for details of the return of bond monies.
Any changes to the details associated with the 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.
FOLLOWING CONSTRUCTION
Supervision/Certification
A final inspection and approval of the new driveway, pathway and completed landscape works by Council’s Inspector is required.  Please contact Council on 5329 6465 to arrange for the inspection.
Prior to commencement of use the following must be submitted to Council:
Landscaping certification confirming all works have been constructed in accordance with conditions of approval.
NATSPEC certification (Specifying Trees: a guide to assessment of tree quality addressing each specimen).
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
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 drawing RS-049 and RS-050.
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.
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 Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
This permit relates only to the landscape, footpath and driveway work to the Noosa Parade. This permit does not apply to any internal landscape works.
Qualified Person, for the purpose of:
Supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three years current experience in the field of landscape design.
Undertaking landscape construction and establishment works is considered to be a person with five years current experience in commercial landscape construction projects.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Not Applicable
self assessable codes
Not Applicable
submissions
Not Applicable
reasons/grounds for approval
Not Applicable
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”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
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

Conor Neville
Environment Officer

Enc:	Approved Plans/Documents
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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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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