Delegated Report - Code - Planning OPW21 0246

Author	Development Engineer, Laurie Schreck
Development Assessment

APPLICATION DETAILS
Application No.	OPW21/0246
Applicant	Tim Ditchfield Architects
Proposal	Operational Works - Vehicle Crossover
Properly Made Date	26 August 2021
Information Request Date	22 September 2021
Information Response Date	8 October 2021
Decision Due Date	16 November 2021
Report Completed Date	8 October 2021
Report Reviewed By	Mark Lewis

PROPERTY DETAILS
Property Address	19 Hilton Esp Tewantin Qld 4565
RP Description	Lot 4 RP 74098
Land Area	764.0000 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Land Subject to Acid Sulfate Soil (5m AHD or Below) Flood Hazard Overlay (Flooding and Inundation Extent)
Assessment Type	Code
PROPOSAL
The application seeks approval for an Operational Works - Vehicle Crossover.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

site details
Background
The requirement to submit an Operational Works application has been triggered by a secondary crossover to the premises as well as a non-standard design. The existing crossover, on the western side of the frontage, is remaining to provide access to a shed.
It should be noted, as well as the existing crossover, there is an existing layback in the kerb on the eastern side of the frontage. Although there is no formal crossover at this section, parking in front of this layback is still prohibited. This existing section of layback kerb will be removed and the kerb reinstated as part of the second crossover construction. Consequently there will be no net loss of parking from the second crossover. In addition to this, there are no developments across the road (located adjacent the river) so there is also ample on street parking on the opposite side of the street.
The subject property, No. 19, and its neighbour, No. 21, have wider frontages (18.1m) than the other surrounding properties in the street (12.07m for Nos. 17, 23 and 25). While secondary crossovers are generally undesirable, in this situation the wider frontage allows for a space to be maintained for on street parking of a small vehicle at the frontage of the property.
Site Description
This section of Hilton Esp has a very steep edge of road cross fall. Consequently, the standard crossover design will result in design vehicles scraping/bottoming out on the road and crossover. To achieve a functional crossover, a non-standard concrete bund style must be adopted. Generally, Noosa Council does not support this style of crossover due to the potential for debris build up in the crossover gap, potentially hindering free flow of the kerb and channel. To remedy this, a condition has been added to the approval for the property owner to clean out the gap in the crossover as required.
Following a Further Information Request for written endorsement from Unity Water for the conflict between the crossover and a water meter, a secondary plan was submitted with new dimensions for the crossover to avoid the water meter conflict. The original engineering plan has been annotated to remove the dimensions and refer to the secondary plan for the dimensions of the crossover.
Historic aerial imagery shows a street tree was removed between Oct 2020 and Mar 2021 without Council approval. The location of the removed street tree aligns with the location of the proposed second crossover. At a replacement ratio of 1:1, a condition has been added to provide a street tree in the verge area.

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:
Driveways and Parking Code
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Design Team for Review of Non-standard Crossover – The adoption of the non-standard crossover was supported given the circumstances i.e. the steep cross fall of the street limiting the opportunity for a standard crossover to function.
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 OPW21/0246  for an Operational Works - Vehicle Crossover situated at 19 Hilton Esp, Tewantin Qld 4565 and described as Lot 4 RP 74098, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW21/0246
Street address:	19 Hilton Esp Tewantin Qld 4565
Real property description:	Lot 4 RP 74098
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Vehicle Crossover
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
30249-OW1.1	A	Driveway Plan as prepared by SCG Consulting Engineers and as annotated in blue by Council	29 September 2021
WD 2.01E	E	Working Drawings Ground Floor Plan as prepared by Tim Ditchfield Architects and as annotated in blue by Council.	07 October 2021

CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 19 October 2023, unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITIONS
The property owner must ensure the gap in the crossover remains cleaned out and free of debris to allow the free flow of stormwater in the kerb and channel.
A 45L Banksia integrifolia must be planted in the verge area to replace the street tree that was removed. The final location of the street tree is to be determined at the prestart meeting with Councils delegate.
GENERAL CONDITIONS
Engineering
A condition report including photographs of the frontage of the site must be completed and submitted to Council prior to the prestart meeting.
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.
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:
Civil engineering works.
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during the construction phase;
Appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD); and
Provision for safe pedestrian access across the frontage of the site both.
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.
Bonds
A site control and/or compliance bond of $3000 is to be submitted to Council prior to the pre-start meeting. The pre-start meeting will only be held once Council's Construction Engineering Officer has confirmation that the bond monies have been received by Council.
The bond will be refunded less any costs incurred by Council in ensuring compliance with these conditions or any additional inspections incurred for substandard work or work undertaken not in accordance with this permit.
DURING CONSTRUCTION
Engineering
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.
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.
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; and
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
No removal of street trees is permitted without Council’s prior written approval.
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.
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.
Driveways
Driveway crossovers must be constructed generally in accordance Council’s Standard Drawings RS-049 and RS-050 and any relevant addendums and the approved drawings.
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.
The following must be complied with during the construction of the required crossover/driveway:
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete;
The driveway must be in accordance with the requirements of AS2890.1 Off-Street Car Parking for longitudinal and crossfall gradients;
The driveway must be constructed so as to not concentrate or direct stormwater runoff onto neighbouring properties;
Underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway;
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;
Any stormwater kerb outlet in close proximity to the edge of the new driveway must be provided with an approved kerb adaptor; and
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
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
The constructed driveway must not cause additional ponding on the road formation or the road reserve.
Street Trees
Public amenity trees* must:
Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC);
All street trees must be located a minimum of 1 metre from the back of the kerb;
Ensure permanent irrigation is not installed within the road reserve;
Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines; and
Be located from services and infrastructure a minimum of:
6m from electricity poles and pillars.
4m from street lighting.
2m from stormwater catchment pits.
2m from any adjoining driveway.
*(Refer to Advisory Note)
Turfed areas must be free of pest, diseases and weeds and level with adjoining surfaces.
Environment (Erosion and Sediment Control)
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.
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.
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
A final inspection and approval of the new driveway and completed reinstatement works by Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the inspection.
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. It is recommended that professional advice be sought for the construction of the driveway to ensure that the driveway is constructed in accordance with the approved plans and generally in accordance with standard drawings RS-049 and RS-050.
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.
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.
Prestart Inspections Request
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.
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
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
Street Trees
Public amenity trees are defined as any tree located within public streets, parks or areas that will become publicly owned as a result of this development.
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.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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Zones
Low Density Residential
I Medium Density Residential
Wb High Density Residential
I Tourist Accommodation
I Mejor Centre
[Mm District Centre
MM Local Centre
Neighbourhood Centre
Low Impact Industry
I Medium Impact Industry
9) Recreation and Open Space
Il Environmental Management and Conservati..
[i Community Facilities
I Innovation
Rural
Ml Rural Residential

J Community Facilities Label Legend