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