Delegated Report - Code - Planning OPW21 0279

Author	Development Engineer, Laurie Schreck
Development Assessment

APPLICATION DETAILS
Application No.	OPW21/0279
Applicant	Anthony William Kelly
Proposal	Operational Works - Earthworks, Roadworks
Properly Made Date	5 October 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	7 December 2021
Report Completed Date	26 October 2021
Report Reviewed By	Diogo Carrico

PROPERTY DETAILS
Property Address	91 Lawnville Rd Cooroy Qld 4563
RP Description	Lot 1 RP 223270
Land Area	156800.00 m²
Existing Use of Land	Rural

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Protection Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Conservation Area Biodiversity, Waterways and Wetlands Overlay (subject to biodiversity and riparian buffer) Bushfire Hazard (potential impact buffer and medium potential bushfire intensity) Landslide Hazard Overlay (moderate hazard and high hazard)
Assessment Type	Code
PROPOSAL
The application seeks approval for an Operational Works – Earthworks and Roadworks.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Completed Works
site details
Background
This application has been submitted for earthworks already completed on the property. The works were brought to Councils attention following a complaint. The works were found to include more than 100m3 of earthworks which triggers the requirement for an Operational Works application.
Site Description
The works are located within an area mapped as a landslide hazard (high hazard area). A geotechnical report has been provided with the application that has assessed the slope stability of the site and found the area to be at very low risk of slope instability. A site visit also confirmed that all disturbed areas have been stabilised and there is little risk of erosion and/or sediment from leaving the site.
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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Earthworks Code; and
Water Quality and Drainage Code.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
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 OPW21/0279 for an Operational Works – Earthworks and Roadworks situated at 91 Lawnville Rd Cooroy Qld 4563 and described as Lot 1 RP 223270, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW21/0279
Street address:	91 Lawnville Rd Cooroy Qld 4563
Real property description:	Lot 1 RP 223270
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works – Earthworks and Roadworks
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
21354-001	Rev 0	Slope Stability Assessment as prepared by Tectonic Geotechnical & Environmental Engineers	17 September 2021
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 03 October 2023, unless an application to extend the currency period is approved by Council.
GENERAL CONDITIONS
Engineering
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
Earthworks and Retaining Walls
All earthworks shall 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 the standard.
Slope and batters are a maximum grade of:
1 in 6 where in proximity to waterbodies
1 in 4 for grassed areas.
1 in 3 for planted areas
1 in 2 for combined structural engineering and planting solutions.
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.
Erosion and Sediment Control
Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection Regulation 2019) 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.
The developer must ensure sediment does not leave the site or enter onto adjoining properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or machinery. It is essential to implement appropriate approved erosion and sediment control measures throughout the site during all phases of construction including vehicle shakedown pad/grid (or similar) at the access to the construction site. Where sediments or other contaminants are deposited on a road, they must be removed so as not to enter Council’s drainage system or waterways.
Prior to the completion of the works, 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.
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.
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.
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 Planning Act 2016 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
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 International Erosion Control Association Australasia Best Practice Erosion and Sediment Control.
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 7 of 7

[word/header1.xml]
3

[word/header2.xml]
DEVELOPMENT ASSESSMENT DELEGATED REPORT

[Attachment: image3.png (image text)]
Zones
Low Density Residential
I Medium Density Residential
WB High Density Residential
MH Tourist Accommodation
WE Major Centre
fm District Centre
WM Local Centre
Neighbourhood Centre
Low Impact Industry
I Medium Impact Industry
ly) Recreation and Open Space
HB Environmental Management and Conservation
[Community Facilities
lM Innovation
Rural
I Rural Residential

| Community Facilities Label Legend