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Delegated Report - Code - Planning OPW24 0172 {As Published} · OPW24/0172

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               DEVELOPMENT ASSESSMENT DELEGATED REPORT

               Author                  Development Engineer, Diogo Carrico
                                       Development Assessment



                    APPLICATION DETAILS

                    Application No.                OPW24/0172

                    Applicant                      Robyn Anne Grant

                    Proposal                       Operational Works – Roadworks

                    Properly Made Date             22 October 2024

                    Information Request Date        Not Applicable

                    Information Response Date       Not Applicable

                    Decision Due Date              17 December 2024

                    Report Reviewed &              Prepared by Diogo Carrico
                    Finalised By
                                                   Reviewed by Daniel Epps on 29 October 2024


                    PROPERTY DETAILS

                    Property Address               5 Adams St Sunshine Beach Qld 4567

                    RP Description                 Lot 547 RP 48112

                    Land Area                      511 m²

                    Existing Use of Land           Residential


                    STATUTORY DETAILS

                    SEQRP Designation              Urban Footprint

                    Zone                           Low Density Urban

                    Precinct                       Not Applicable

                    Local Plan Area                Not Applicable

                    Overlays                       None

                    Assessment Type                Code

               1.      PROPOSAL
               The application seeks approval for Operational Works – Roadworks.
               The proposal plan is included below.




Document Set ID: 23324584
Version: 4, Version Date: 29/10/2024
Full text of the other 7 pages

Page 2

                                                    Figure 1 – Proposal Plan

               2.     SITE DETAILS
               2.1. Background
               The subject application follows on higher order approval MCU24/0022, namely the requirement for
               an operational works approval for undertaking frontage works and constructing a driveway.
               Prior to applying for the required OPW approval, the applicant finalised the construction of the
               driveway. It is noted that the driveway is not in accordance with council’s standard drawings RS-
               049 & RS-050, nevertheless it has been constructed in a manner that does not affect on-street
               carparking nor does it raise any other parking/drainage/operational issues.
               A site inspection on 29/10/2024 shows that the reinstatement of the verge area has only been
               partially undertaken by placing a few m2 of turf – refer to photo below.




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Document Set ID: 23324584
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               2.2. Site Description




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Document Set ID: 23324584
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               2.3. Surrounding Land Uses




               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:
               •       Driveways and Parking Code
               4.      CONSULTATION
               4.1. Referral Agencies
               Not Applicable
               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 OPW24/0172 for Operational Works – Roadworks situated at 5
               Adams St Sunshine Beach Qld 4567 and described as Lot 547 RP 48112, it is recommended the
               application be approved in accordance with the following details for the Decision Notice:
               1.      APPLICATION DETAILS

                   Application No:           OPW24/0172


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Document Set ID: 23324584
Version: 4, Version Date: 29/10/2024

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                   Street address:                5 Adams St Sunshine Beach Qld 4567

                   Real property description:     Lot 547 RP 48112

                   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 – Roadworks
               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

                            1                          “Aerial Plan with Dimensions”                21/10/2024
                                                       Prepared by Pivotal Perspective
                                                       (AS ANNOTATED IN RED BY COUNCIL)

               CURRENCY PERIOD
               2.      The Currency Period for this development approval lapses if the development has not
                       substantially started by 29 October 2026, unless an application to extend the currency period
                       is approved by Council.
               GENERAL CONDITIONS
                       Engineering
               3.      A condition report including photographs of the frontage of the site must be completed and
                       submitted to Council prior to the prestart meeting.
               4.      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.
               5.      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 6500. The
                       pre-start meeting must include the relevant parties for the following aspects of the works:
                       a.       Civil engineering works;
                       b.       Landscaping works.
               6.      A Construction Management Plan must be submitted to Council prior to the pre-start meeting
                       and must specifically address the following:
                       a.       Traffic Management during the construction phase;
                       b.       Appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
                                Devices (MUTCD);

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Document Set ID: 23324584
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                      c.      Provision for safe pedestrian access across the frontage of the site both during and
                              after works have ceased.
               7.     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.
               DURING CONSTRUCTION
                      Engineering
               8.     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.
               9.     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:
                      a.      where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
                              or
                      b.      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.
               10.    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.      the relevant conditions of the higher order Material Change of Use approval
                              MCU24/0022 to which this approval relates;
                      c.      all relevant Noosa Council Planning Scheme Policies, standard drawings, standard
                              specifications and guidelines;
                      d.      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
               11.    No removal of street trees is permitted without Council’s prior written approval.
               12.    Safe pedestrian access on all streets in the vicinity of the development must be maintained
                      at all times. Should 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.
               13.    All works must match neatly with existing road and verge features. Additional works beyond
                      the frontage may be required to provide an acceptable transition to existing road and verge
                      profiles.
                     Driveways
               14.    Driveway crossovers must be constructed generally in accordance Council’s Standard
                      Drawings RS-049 and RS-050.
               15.    The verge area must be reinstated to a grassed verge area and must be provided with 100
                      mm topsoil and grass seed or turf and must be maintained by the developer until established.
                      The use of pebbles/rocks/gravel on road reserve is not supported by Council.
               16.    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;


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Document Set ID: 23324584
Version: 4, Version Date: 29/10/2024

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                      c.      the driveway must be constructed so as to not concentrate or direct stormwater runoff
                              onto neighbouring properties;
                      d.      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;
                      e.      any stormwater kerb outlet in close proximity to the edge of the new driveway must be
                              provided with an approved kerb adaptor;
                      f.      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.
               17.    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
               18.    The constructed driveway must not cause additional ponding on the road formation or the
                      road reserve.
                      Environment (Erosion and Sediment Control)
               19.    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.
               20.    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.
               21.    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).
               FOLLOWING CONSTRUCTION
               22.    A final inspection and approval of the new driveway and completed reinstatement works by
                      Council’s Inspector is required. Please contact Council on 5329 6245 to arrange for the
                      inspection.
               5.     REFERENCE DOCUMENTS

               Not applicable.
               6.     REFERRAL AGENCIES

               Not applicable.
               7.     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
               1.     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 drawings RS-049 and
                      RS-050.


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Document Set ID: 23324584
Version: 4, Version Date: 29/10/2024

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               2.     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.
               3.     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
               4.     Contact Council on 5329 6245 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.
               5.     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
               6.     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
               7.     Accepted best practice standards include International Erosion Control Association
                      Australasia Best Practice Erosion and Sediment Control
               8.     PROPERTY NOTES

               Not applicable.
               9.     VARIATION APPROVAL DETAILS

               Not applicable.
               10.    FURTHER DEVELOPMENT PERMITS REQUIRED

               Not applicable.
               11.    SUBMISSIONS

               Not applicable.
               12.    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.
               13.    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.
                                                                                                        Page 8 of 8

Document Set ID: 23324584
Version: 4, Version Date: 29/10/2024

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