Delegated Report - Code - Planning OPW21 0278

Author	Development Engineer, Diogo Carrico
Development Assessment

APPLICATION DETAILS
Application No.	OPW21/0278
Applicant	Derek Beadsmoore
Proposal	Operational Works – 2nd Vehicle Crossover
Properly Made Date	13 October 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	8 December 2021
Report Completed Date	26 October 2021
Report Reviewed By	Laurie Schreck

PROPERTY DETAILS
Property Address	22 Turpentine Rd Ringtail Creek Qld 4565
RP Description	Lot 2 RP 846208
Land Area	20060 m²
Existing Use of Land	Rural Residential

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Land Subject to Acid Sulfate Soil (Area 2)
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works – 2nd Vehicle Crossover.
Photos of the constructed driveway below:

site details
Background
This application is associated with a show cause notice from Council dated 9 November 2020 (COM20/0693). This resulted in a change application being lodged to amend the previously issued referral agency response (RAP17/0523) to allow for a second access to this property.
A second access to the lot was constructed to facilitate the installation of the new prefabricated dwelling. TOD Consulting undertook an inspection of this access and it generally complies with Council’s standard drawing RS-056.
This application seeks the retrospective approval of the secondary access to the subject property.
Referring to TOD Consulting’s “TECHNICAL NOTE IN RESPONSE TO COUNCIL DEVELOPMENT COMPLIANCE NOTICE FOR NEW DWELLING AT 22 TURPENTINE ROAD RINGTAIL CREEK”, ref No 20648-R1 – Rev 2, the following is noted:
“The access is approx. 5.3m wide at the narrowest point and is constructed over a 375mm diameter PVC Stormpro pipe – set back approx. 3m back from the road edge. There is 500mm of cover over the pipe. The headwalls are constructed from grouted rock. The access pavement is unsealed gravel more than 125mm thick. The inlet and outlet to the culvert contains some un-grouted rock but there is no evidence of scouring, indicating the scour protection unnecessary in this case which is understandable as the road drain is on a very flat grade.”;
“In accordance with the standard drawing the culvert size should be 450mm diameter however it was observed that the neighbouring driveway to the south (upstream of the subject driveway) also contained a 375mm pipe. It was observed that there is approximately 50mm of fall between the two driveway culverts. As such it is not deemed necessary to upgrade the pipe on the subject driveway.”; and
“although the access to the property that services the second dwelling does not fully comply with Council standard drawing RS-056 it is deemed to be a suitable and safe access, constructed to a standard that is suitable for ongoing use and is consistent with or exceeds the standard of other accesses on this road.”
A site inspection confirms that the driveway is built to an acceptable standard, both from safe and functional points of view.
Site Description

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
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 OPW21/0278 for Operational Works – 2nd Vehicle Crossover situated at 22 Turpentine Rd Ringtail Creek Qld 4565 and described as Lot 2 RP 846208, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW21/0278
Street address:	22 Turpentine Rd Ringtail Creek Qld 4565
Real property description:	Lot 2 RP 846208
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works – 2nd Vehicle Crossover
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
APPROVED DOCUMENTS
Development undertaken in accordance with this approval must generally comply with the approved documents of development. The approved document is listed in the following table unless otherwise amended by these conditions.
Document No.	Rev.	Document Name	Date
20648-R1	2	“Technical Note In Response To Council Development Compliance Notice For New Dwelling At 22 Turpentine Road Ringtail Creek” Prepared by TOD Consulting	11 June 2021
FOLLOWING CONSTRUCTION
Engineering
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties including road reserve (e.g. by blocking or interfering with natural overland flows).
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 (refer to E&SC Advisory Notes). 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.
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.
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.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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