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Delegated Report - Code - Engineering OPW23 0175 [As Published] · OPW23/0175

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               DEVELOPMENT ASSESSMENT DELEGATED REPORT

               Author                  Senior Development Engineer, Morgan Gaffney
                                       Development Assessment



                  APPLICATION DETAILS

                  Application No.                  OPW23/0175

                  Applicant                        Gavin Raymond Deane & Catherine Jane Deane
                                                   C/- Westera Partners Pty Ltd

                  Proposal                         Operational Works - Vehicle Crossover & Stormwater Drainage

                  Properly Made Date               14 November 2023

                  Information Request Date          Not Applicable

                  Information Response Date         Not Applicable

                  Decision Due Date                24 January 2024

                  Report Reviewed &                Mark Lewis on 13 December 2023
                  Finalised By


                  PROPERTY DETAILS

                  Property Address                 66 Seaview Tce Sunshine Beach Qld 4567

                  RP Description                   Lot 69 RP 81810

                  Land Area                         574.0000 m²

                  Existing Use of Land             Vacant


                  STATUTORY DETAILS

                  SEQRP Designation                Regionally Significant Scenic Amenity (SEQ)

                  Zone                             Low Density Residential

                  Precinct                         Not Applicable

                  Local Plan Area                  Coastal Communities Local Plan Code

                  Overlays                         •   Bushfire Hazard
                                                          o Potential Impact Buffer
                                                   •   Coastal Protection and Scenic Amenity
                                                   •   Landslide Hazard
                                                          o Moderate Hazard Area
                  Assessment Type                  Code




Document Set ID: 22700693
Version: 8, Version Date: 13/12/2023
Full text of the other 9 pages

Page 2

               1.     PROPOSAL
               The application seeks approval for Operational Works - Vehicle Crossover & Stormwater Drainage.
               The locality and proposal plan are included below.




                                                       Figure 1 – Locality




                                                      Figure 2 – Site Plan




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Document Set ID: 22700693
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                                                      Figure 4 – Elevations

               2.     SITE DETAILS
               2.1. Background
               •    On 20 September 2022, Council approved a Development Permit for Material Change of Use
                    of Premises (Dwelling House). Ref# MCU21/0212

               •    On 25 January 2023, Council issued a Negotiated Decision Notice based on representations
                    submitted by the applicant for a Material Change of Use of Premises (Dwelling House). Ref#
                    MCU21/0212

               •    On 17 April 2023, The Development Tribunal issued a Decision Notice which replaces the
                    decision of the Assessment Manager on 19 January 2023 with another decision, namely to
                    delete condition 4 of MCU21/0212 and approve the proposed rooftop terrace as shown on
                    amended plans (prepared by Shaun Lockyer Architects) appended to the Tribunal submission
                    by Jack Lewis, Pivotal Perspective Pty Ltd (dated 7 June 2023). Appeal# 23-005

               3.     ASSESSMENT
               3.1. 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.
               3.2. Noosa Plan 2020
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •      Use Code – Low Density Housing Code
               •      Works Codes;
               •      Overlay Codes;

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                             o    Bushfire Hazard Overlay Code
                             o    Coastal Protection and Scenic Amenity Overlay Code
                             o    Landslide Hazard Overlay Code
               The subject site is located in Sunshine Beach and is zoned Low Density Residential Zone. The
               proposed works are identified as a consistent use within the zone and is required to follow a code
               assessable application process.
               The application has been found to generally comply with all applicable statutory instruments. The
               pertinent issues arising out of the assessment are discussed below:
               •      Note that the decision notice for parent approval MCU21/0212 requires a development
                      permit for Operational Works – Access & Stormwater. Earthworks OPW not required if
                      relating to a Material Change of Use per Table 5.8.3 of Categories of Development and
                      Assessment – Operational Works.
               •      Stormwater works involve trench grates that connect to the Seaview Terrace Road reserve
                      via kerb adapters to ensure the driveway is free draining.
               •      Given the existing kerb and channel along the development frontage is significantly
                      damaged/non-existent. The developer is to provide a B1-type barrier kerb along the full
                      length of the development frontage in accordance with Councils Standard Drawing (IPWEA
                      RS-080) and the approved plans. The kerb will be conditioned to transition neatly and to
                      not cause stormwater nuisance with the neighbouring property.




                                                     Street View – Google May 2014
               •      The proposed driveway location is clear of existing infrastructure and maintains appropriate
                      clearance from the neighbouring property pole.
               •      Driveway gradients are generally consistent with IPWEAQ standard drawings RS-049 &
                      RS-050 and are acceptable given the slope of the site. There is no footpath along the
                      development frontage.
               •      A preliminary Construction Management Plan has been submitted with the application
                      material that proposes all construction vehicles and material loading to be located either
                      within street parking or Council’s verge. Given that the construction is located at the
                      narrowest part of Seaview Terrace, which has ongoing issues with parking from other
                      developments, a condition will be included for a revised CMP to be provided prior to the
                      prestart meeting with alternative arrangements for construction vehicle parking.
               4.     CONSULTATION
               4.1. Referral Agencies
               Not Applicable


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               4.2. Internal Council Referrals
               Not applicable
               5.      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 OPW23/0175 for Operational Works - Vehicle Crossover &
               Stormwater Drainage situated at 66 Seaview Tce Sunshine Beach Qld 4567 and described as Lot
               69 RP 81810, it is recommended the application be approved in accordance with the following
               details for the Decision Notice:
               1.      APPLICATION DETAILS

                   Application No:                  OPW23/0175

                   Street address:                  66 Seaview Tce Sunshine Beach Qld 4567

                   Real property description:       Lot 69 RP 81810

                   Planning Scheme:                 Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for Operational Works - Vehicle Crossover & Stormwater Drainage.
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER CONDITIONS

               APPROVED PLANS
               1.      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

                          S23-112-C02           A        Civil Works Plan – As annotated by Council 25/09/2023

                          S23-112-C03           A        Typical Details                           25/09/2023

               CURRENCY PERIOD
               2.      The Currency Period for this development approval lapses if the development has not
                       substantially started by 29 November 2025, unless an application to extend the currency
                       period is approved by Council.




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               GENERAL CONDITIONS
                      Engineering
               3.     A revised Construction Management Plan (CMP) must be submitted to Council prior to the
                      pre-start meeting. Note that due to the location of the site Council is unlikely to support
                      excessive construction vehicles parking along Seaview Terrace. The revised CMP must
                      specifically address the following:
                      a.      Traffic Management during all aspects of the construct phase including:
                              i.       A Traffic Management Control Plan in accordance with Manual of Uniform Traffic
                                       Control Devices (MUTCD) detailing all temporary signage and traffic control
                                       measures prior to construction.
                              ii.      Maintenance of safe pedestrian access across the frontage of the site both during
                                       daily construction and after daily construction has ceased. Note that pedestrian
                                       access along Seaview Terrace including but not limited to the public beach
                                       access must be maintained at all times.
                              iii.     Proposed fencing to the site during the construction phase of the development.
                              iv.      Adequate parking arrangements for construction workers. Note that public and
                                       emergency vehicle access along Seaview Terrace must be maintained at
                                       all times. Construction vehicles are to abide by parking rules and
                                       regulations and are not to block resident’s driveways or park on yellow line
                                       marking under any circumstances. The revised CMP must provide an
                                       alternative carpark location and transportation for construction vehicles
                                       should public carparks be occupied.
                              v.       No queuing of trucks is permitted on residential streets, especially prior to
                                       7.00am. Further parked trucks must have engines turned off.
                      b.      Maintenance and protection of water quality and existing drainage lines through the
                              construction site through the implementation of appropriate erosion and sediment
                              control measures.
                      c.      Works programme identifying key components of the works and their respective
                              durations.
                      d.      Establishment of a communication protocol with the general public, adjoining owners,
                              emergency services and local businesses to advise of agreed construction times,
                              impacts on traffic and services and other relevant issues.
                      e.      Include a post out to the local residents and businesses advising of the proposed
                              development, the expected time frames and the site contact details.
                      f.      Include signage in prominent locations on the boundaries of the site advising of the
                              proposed development, the expected time frames and the site contact details.
                      g.      identification of complaint management procedures including:
                              i.       Contact details for the on-site manager
                              ii.      Dispute resolution procedures
                      h.      For haulage operations involving significant volumes of fill material or excavated
                              material being transported onto or off the site: details on the location of external fill
                              sites/sources, the haulage route, type of vehicle to be utilised during filling operations
                              and frequency of usage. NB any damage to the existing road system as a result of
                              haulage operations shall be fully repaired at the applicant’s expense.
               4.     A condition report including photographs of the frontage of the site must be completed and
                      submitted to Council at the prestart meeting.



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               5.     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.
               6.     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 (07) 5329 6500.
                      The pre-start meeting must include the relevant parties for the following aspects of the works:
                      i.      Civil engineering works;
               7.     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.
               8.     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.
               9.     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.
               10.    This approval shall comply with all the conditions of related approval as stipulated in the
                      Development Tribunal’s Decision Notice dated 17 April 2023 referenced as Appeal 23-005
                      (Council Reference MCU21/0212).
               DURING CONSTRUCTION
                      Engineering
               11.    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
               12.    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.
               13.    All works must be constructed and work procedure undertaken in accordance with:
                      a.      The approved plans/documents and conditions detailed in this Decision Notice
                      b.      All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
                              specifications and guidelines
                      c.      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.
                     Works within Road Reserves
               14.    No removal of street trees is permitted without Council’s prior written approval.
               15.    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.
               16.    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.



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                     Driveways
               17.    Driveway crossovers must be constructed generally in accordance Council’s Standard
                      Drawings RS-049, RS-050 and RS-051.
               18.    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.
               19.    The following must be complied with during the construction of the required
                      crossover/driveway:
                      a.      The driveway surfacing must consist of either an approved hot mixed asphaltic
                              concrete or patterned/plain concrete.
                      b.      The driveway must be in accordance with the requirements of AS2890.1 off-street car
                              parking for longitudinal and crossfall gradients.
                      c.      The driveway and associated kerb and channel works must be constructed so as to
                              not concentrate or direct stormwater runoff onto neighbouring properties.
                      d.      Underground service conduits for water supply, electricity and any other services must
                              be provided as part of the access driveway.
                      e.      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.
                      f.      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.
                      g.      Any stormwater kerb outlet in close proximity to the edge of the new driveway must be
                              provided with an approved kerb adaptor
                      h.      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
               20.    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
               21.    The constructed driveway and associated kerb and channel works must not cause additional
                      ponding on the road formation, road reserve or adjacent properties.
               22.    Any proposed surface drainage grate must be located wholly within private property.
                      Environment (Erosion and Sediment Control)
               23.    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.
               24.    The contractor must ensure non-essential exposure of soil is prevented by restricting the
                      extent of works and minimising the duration of soil exposure to adverse weather conditions.
                      Exposed areas must be suitably covered/stabilised/reinstated as soon as practicable and
                      prior to any predicted rainfall occurring.
               25.    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).



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               FOLLOWING CONSTRUCTION
               26.    A final inspection and approval of the new driveway and completed reinstatement works by
                      Council’s Inspector is required. Please contact Council on (07) 5329 6500 to arrange for the
                      inspection.
               27.    Upon completion of the work a certificate must be issued by an RPEQ certifying that the
                      works have been constructed in accordance with the requirements of this Operational Works
                      permit.
               5.     REFERRAL AGENCIES

               Not applicable.
               6.     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
               28.    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.
               29.    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.
               30.    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.
               31.    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.
                      Prestart Inspections Request
               32.    Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
                      business days notice of preferred inspection time.
                      It should be noted prior to arranging a pre-start meeting the Appeal Period of 20 business
                      days must have passed or the applicant must have provided Council with written confirmation
                      that the applicant has accepted the conditions of Decision Notice and waived their appeal
                      rights.
               33.    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.
                      Environmental Advisory Notes
               34.    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.


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                      Erosion and Sediment Control
               35.    Accepted best practice standards include International Erosion Control Association
                      Australasia Best Practice Erosion and Sediment Control
               7.     PROPERTY NOTES

               Not applicable.
               8.     VARIATION APPROVAL DETAILS

               Not applicable.
               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

               Not applicable.
               10.    SUBMISSIONS

               Not applicable.
               11.    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.
               12.    OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available online at
               www.noosa.qld.gov.au or at Council Offices.




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Document Set ID: 22700693
Version: 8, Version Date: 13/12/2023

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