Delegated Report - Code - Planning OPW21 0214

Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW21/0214
Applicant	Christopher Mark Allen & Beth-Louise Murphy
Proposal	Operational Works - Vehicle Crossover
Properly Made Date	23 July 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	27 September 2021
Report Completed Date	Mark Lewis
Report Reviewed By	Laurie Schreck

PROPERTY DETAILS
Property Address	42 White Wood Ct Lake Macdonald Qld 4563
RP Description	Lot 47 SP 129565
Land Area	5607.0000 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Biodiversity, Bushfire, Landslide
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works - Vehicle Crossover.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

site details
Background
The vehicle access to the property consists of 2 driveways. These driveways were constructed as part of the new dwelling construction on the site
Site Description
The site is in a rural residential area and the access is from a concrete driveway extending from the cul-de-sac head. This driveway is located within the White Wood Court road reserve.
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
It was noted during a site inspection that the edges of the driveway had not been filled and created a trip hazard. Conditions have been included to address this risk.
The application has been found to generally comply with all applicable statutory instruments.
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 OPW21/0214 for Operational Works - Vehicle Crossover situated at 42 White Wood Ct Lake Macdonald Qld 4563 and described as Lot 47 SP 129565, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW21/0214
Street address:	42 White Wood Ct Lake Macdonald Qld 4563
Real property description:	Lot 47 SP 129565
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
<	<	Dwelling Location Plan prepared by Rumag Design Studio, as annotated by the property owner and submitted to Council	<
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 17 August 2023, unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITIONS
The areas of the road reserve adjacent to the driveways must be filled and transition to the existing verges levels without creating any trip hazards in the road reserve
GENERAL CONDITIONS
Engineering
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
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
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.
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
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
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.
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.
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 the driveways are private structures, the owner bears full responsibly for the standard of their construction, maintenance and any liabilities associated with their construction. It is recommended that professional advice be sought for the construction of the driveways
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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