Delegated Report OPW16/0220

1.	APPLICATION DETAILS

Application No:	OPW16/0220
Street Address:	61 Morinda Cct NOOSAVILLE  QLD  4566
Real Property Description:	Lot 118 SP 266175
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following type of approval has been issued:
Development Permit for Operational Work - Earthworks

3.	RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is 2 years starting the day that this development approval takes effect.
4.	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
Drawing 1 W6107rw	-	Existing Retaining Wall Design, prepared by Sunrise Design Qld Pty Ltd	05 Oct 2015
Drawing 2 W6107rw	-	Existing Retaining Wall Design, prepared by Sunrise Design Qld Pty Ltd	05 Oct 2015
Drawing 3 W6107rw	-	Existing Retaining Wall Design, prepared by Sunrise Design Qld Pty Ltd	05 Oct 2015
Drawing 4 W6107rw	-	Existing Retaining Wall Design, prepared by Sunrise Design Qld Pty Ltd	05 Oct 2015

Site Specific Conditions
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to this Operational Works permit.
The supervising engineer must ensure that any necessary geotechnical and soil testing is carried out to confirm the stability of the proposed and/or existing earthworks and retention works. Upon the completion all works associated with this permit, the supervising RPEQ must provide to Council written certification that the completed earthworks meet the applicable standards and are in compliance with approved plans and the conditions of this permit.
The current owners and any subsequent owners are responsible for all ongoing maintenance of proposed earthworks and the associated retaining walls to ensure their safety and stability.
The design and construction of privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the works will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
The works must comply with requirements of Unitywater (Concurrence Agency) as provided in their response letter dated 7 October 2016 and its attachments.
Any changes to the details associated with the supervising RPEQ must be notified to council in writing within five business days of the change occurring.
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.
General
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 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.
Stormwater Drainage
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties or the environment (eg by blocking or interfering with natural overland flows).
Landscaping
Any landscape works on the proposed earthworks area and near the retaining walls must be provided in accordance with the recommendations and the instructions of the supervising RPEQ and/or a suitably qualified person (eg horticulturist or landscape designer).
Erosion & Sediment Control
All necessary erosion and sediment controls to carryout the proposed remedial works must be installed prior to the commencement of works.
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.
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 and as recommended by the supervising engineer.
5.	REFERRAL AGENCIES
Not Applicable.
6.	REFERENCED DOCUMENTS
Unitywater’s Concurrence Agency Referral Response dated 7 October 2016 and attachments.
Form 15 – Compliance Certificate for building Design and Specification by Sunrise Design dated 7 November 2016 and certified by Ray Williams (RPEQ 2166).

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
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and the design plans 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.
Environmental Advisory Note
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.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
8.	PROPERTY NOTES
Not Applicable.
9.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable.
10.	FURTHER DEVELOPMENT PERMITS REQUIRED
Not Applicable..
11.	SELF ASSESSABLE CODES
Not Applicable.
12.	SUBMISSIONS
Not Applicable.
13.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not Applicable.
14.	RIGHTS OF APPEAL
You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.
15.	OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

Yours faithfully

Monkeith Kadhum
Development Engineer

Enc:	Approved Plans/Documents
Concurrence Agency Referral Response
Appeal Rights

cc	Unitywater

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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OPW15/0036