Negotiated Report (Representations made) OPW18 0253 · OPW18/0253

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Ecologist, Conor Neville
Development Assessment

APPLICATION DETAILS
Application No.	OPW18/0253
Development Approval	Development Permit for Operational Work - Road Works
Applicant	CBD Settlers Cove Pty Ltd
Representations Received On	16 January 2019
Number of Submissions for Original Application	< (insert no. of submissions)

PROPERTY DETAILS
Property Address	12 Serenity Cl Noosa Heads Qld 4567
RP Description	Lot 7 SP 195871 Lot 8 SP 195871 Lot 8 SP 195871
Land Area	6873.0000 m² 6573.0000 m²
Existing Use of Land	<

STATUTORY DETAILS
SEQRP Designation	<
Locality	<
Zone	<
Overlays	<
Assessment Type	Representations made to original approval

background
A development approval for a Development Permit for Operational Work - Road Works was issued on 5 December 2018.
The applicant made representations on 16 January 2019 to the development approval conditions. The representations are detailed below but primarily relate providing an amended Bushfire Information Kit in accordance with the requirements of the approval. The amended Bushfire Information Kit meets the requirement of the approval and the permit can be amended to include the Bushfire Information Kit as an approved document.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 1
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
A6107/18/R01	-	Roadworks Overall Site Plan and Notes, prepared by ALTA Engineering	May 2016
A6107/18/R02	A	Roadworks Layout Plan, prepared by ALTA Engineering	03/10/2018
A6107/18/R03	A	Driveway Ramp Long Sections, prepared by ALTA Engineering	03/10/2018
A6107/18/R04	-	Roadworks Details, prepared by ALTA Engineering	May 2016
Applicant’s Representation
The applicant seeks to include the amended Bushfire Information Kit in the table of approved plans and documents.
Assessment of Representation
The applicant has provided an amended Bushfire Information Kit in compliance with the condition 3 of the original approval and the request can be supported.
Condition 3
Prior to the lodgement of an application for plan sealing or the commencement of use, an amended Greentape Solutions Bushfire Information Kit for the Covenant Area Version C, dated 03/10/2018 must be submitted and endorsed by Council which includes the following items:
Revise title of document to include fuel control area outside of covenant area as per figure 2 of the document.
Reference to the terms of the covenant and the management in accordance with the covenant.
Revise page 3 mid page to state “As per Council’s approval, the covenant area shall be:”
Revise references to newly amalgamated plan.
Revise section 2.1 to exclude third dot point “fire break track” as this is not part of the covenant.
Revise section 2.1.1 to refer to 3m fuel control area adjacent to covenant boundary on the building side as per figure 2 of the document.
Revise section 2.1.1 to include the 2.5m fuel control area within the covenant area adjacent to the boundary between the building area and the covenant as per figure 2 of the document.
Amend the first paragraph on page 5 to include existing trees on the site.
Fourth dot point on page 5 introduces a new density requirement from the approved FMP which is not supported by any referenced document. Can lead to localised erosion and stability issues. Amend this density requirement.
First paragraph page 6 is not supported by the approved management plans. Amend to refer to fuel control areas.
Remove section 2.1.3 Fire Break, no relevance to this area
Section 2.2 covenant area at ALL times should be free off rubbish per covenant item 5.4
Section 2.3 covenant area at ALL times should be controlled for weeds as per covenant item 5.3
Need to include a heading which requires Council consent to cut or trim vegetation within the covenant area as per covenant item 5.6
Page 9 Section 4 Implementation Plan – amend to include above listed changes.
Page 10 References does not include Greentape Solution Fauna Management Plan whereas referenced in text on page 3 – amend where necessary
Appendix 1 Fire –retardant Flora species omits Acronychia imperforata contrary to the approved Landscape Plan – amend appendix to include Acronychia imperforata

Applicant’s Representation
The applicant seeks to have the condition deleted as the amended Bushfire Information Kit meets the requirements of the condition.
Assessment of Representation
The amended Bushfire Information Kit meets the requirements of the condition and the request to delete the condition is supported.

conclusion & reasons for decision

RECOMMENDATION
With regard to Application No. OPW18/0253, and the representations made, Council on 5 December 2018 decided to:
A.	Agree to amend condition 1 to read as follows:
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
A6107/18/R01	-	Roadworks Overall Site Plan and Notes, prepared by ALTA Engineering	May 2016
A6107/18/R02	A	Roadworks Layout Plan, prepared by ALTA Engineering	03/10/2018
A6107/18/R03	A	Driveway Ramp Long Sections, prepared by ALTA Engineering	03/10/2018
A6107/18/R04	-	Roadworks Details, prepared by ALTA Engineering	May 2016
PR18082_BIK_Settlers Cove Stage 4	D	Bushfire Information Kit for the Covenant Area and Fuel Control Area prepared by Greentape Solutions	12/12/2018
.
B.	Delete condition 3.

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