Delegated Report OPW18/0264

Author	Monkeith Kadhum - Development Engineer
Development Assessment

APPLICATION DETAILS
Application No.	OPW18/0264
Applicant	Brad & Sam Hopper
Proposal	Operational Works - Earthworks
Properly Made Date	10 October 2018
Information Request Date	31 October 2018
Information Response Date	6 November 2018
Decision Due Date	xx
Report Completed Date	22 November 2018
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	24 Arakoon Cres Sunshine Beach Qld 4567
RP Description	Lot 794 RP 48111
Land Area	636 m²

STATUTORY DETAILS
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Overlays	<
Assessment Type	Code
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
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
cONSULTATION
Other Referrals
The application was discussed with the following internal Council officers for advice and/or comments:
Ecologist – regarding coastal protection area
Town Planner - regarding coastal protection area
Design and Civil Operation Sections – in relation to removing anchors within road reserve.
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 OPW18/0264 for a Operational Works - Earthworks situated at 24 Arakoon Cres Sunshine Beach Qld 4567 and described as Lot 794 RP 48111, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW18/0264
Street address:	24 Arakoon Cres Sunshine Beach Qld 4567
Real property description:	Lot 794 RP 48111
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit Approval for Operational Works - Earthworks
CURRENCY PERIOD of approval
The currency period for this development approval is 2 years starting the day that this development approval takes effect.
assessment manager conditions
APPROVED PLANS AND REFERENCE DOCUMENTS
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
Job ID: 18-029 SH-100	A	Cover Page, Prepared by MESO As annotated by Council	03/08/2018
Job ID: 18-029 SH-101	A	General Notes, Prepared by MESO Design	03/08/2018
Job ID: 18-029 SH-102	A	Temporary Shoring Plan, Prepared by MESO Design	03/08/2018
Job ID: 18-029 SH-103	A	Monitoring Plan, Prepared by MESO Design	03/08/2018
Job ID: 18-029 SH-104	A	Wall 1, Prepared by MESO Design	03/08/2018
Job ID: 18-029 SH-105	A	Walls 2 & 6, Prepared by MESO Design As Annotated by Council	03/08/2018
Extract SH-105	-	Extract of SH-105 as Amended by Applicant	-
Job ID: 18-029 SH-107	A	Pool Walls, Prepared by MESO Design	03/08/2018
The documents listed in the following table are Reference Documents for information only:
Plan/Document Ref.	Rev.	Plan/Document Name	Date
Job ID: 18-029 SH-106	A	MDSP Steel Piles in W2 and W6 (As built -20070502), Prepared by MESO Design	03/08/2018
MESO-18-029-L-001	A	Removal of Anchor on Temporary Shoring Wall, Prepared by MESO Design Pty Ltd	22/11/2018
SITE SPECIFIC CONDITIONS
The applicant/developer must ensure that the proposed sheet piling works and anchoring works will not cause damage to any existing services, assets, structures, below or above ground within the road reserves and/or private properties. The applicant/developer shall be responsible
The applicant/developer must ensure that all anchors intruding into the road reserves are decommissioned and removed as approved by this permit and/or otherwise agreed to by Council in writing.
The works operation and activities must NOT encroach, disturb or impact on the land or vegetation adjacent to the south and eastern boundary line or the area for coastal protection beyond the DERM Coastal Build Line (15 metre from the rear/east boundary line of the property) and esplanade.  Temporary works protection fencing shall be required and be discussed at the pre-start meeting.
Prior to arranging a pre-start meeting and the commencement of works associated with this development permit, Council requires the provision of a bank guarantee, or a cash bond, of $5,000. The bond must be submitted to secure performance of all conditions of this approval. 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 cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of the conditions of this permit.
PRIOR TO COMMENCEMENT OF WORKS
Any necessary approvals from external service providers (eg Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
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.
A condition report including photographs and/or video of the leading road/s, and the frontage of the work and the vegetation along the south boundary (laneway) and in the coastal protection area of the site must be completed and submitted to council at the prestart meeting and prior to any works commencing.
Prior to any works commencing, the applicant/developer is responsible of preparing inventory and condition report/s including photographs and/or video of nearby structures, buildings and landscape features on adjoining private properties, with permission of their owners, to address any potential of future dispute and liabilities regarding damages on other properties. A copy of this information must be submitted for Council’s record.
Certificates demonstrating currency of public liability insurance and works insurance covering all aspect of the works must be submitted to Council at 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 6245. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Vegetation protection;
Erosion and sediment control works;
Other relevant parties.
*(Refer to Advisory Notes)
Construction and traffic management of the proposed works on the site shall be carried out generally in accordance with the documents and details provided by applicant on 06 November 2018 in response to Council’s information request and shall be discussed in details at the prestart meeting.
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
DURING CONSTRUCTION
Engineering
The developer must meet any costs to repair damage to any Council and/or public 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 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 the Operational Works permit. Hold points are to be agreed on at the pre-start meeting to any need for site inspection/s by Council Officers prior to anchors decommissioning and removal works to proceed.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
The relevant conditions of the higher order Reconfiguration of Lot approval Ref: MCU18/0013 to which this approval relates.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
Works and Reinstatement within Road Reserve
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should pathway or road closures (including of the existing unformed laneway along the south boundary of site) 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 road reinstalment 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.
Earthworks and Retaining Walls
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with supervision to a minimum of ‘Level 2’ and soil testing as required by AS 3798.
Fall protection, including temporary protection, must be provided to retaining walls and sheet piles walls that are over 1m high.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (eg by blocking or interfering with natural overland flows) unless appropriate easement is created for this purpose.
The development must control all stormwater discharges and ensure no adverse impacts on the dune system east of the rear boundary.
Environment - Erosion and Sediment ControL
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).
Cut to fill earthworks must not commence until after the Supervising RPEQ has certified that all installed erosion and sediment controls required for this approval are sized in accordance with the applicable standards, guidelines and best engineering practices. Particular attention must be given to prevent erosion and sediment onto the coastal protection area within the property and the adjacent public esplanade and coastal land.
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.
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 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.
FOLLOWING CONSTRUCTION
Damage to Services and Assets
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.
Certification
Upon completion of the work and prior to final inspection by Council, a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the in compliance with the conditions of this Operational Works permit and that all anchors for sheet piling intruding into the road reserve (including the side lane) are decommissioned and removed as required by this permit and/or otherwise agreed to by Council.
A final inspection and approval by Council’s Inspector is required of the completed reinstatement works and to confirm anchors decommissioning and removal. Please contact Council on 5329 6245 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
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.
It should be noted that the content and details of the sheet pile and anchor tables on the approved plans are not part of Council’s assessment and auditing of the application.
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 and Inspections Request
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 Right of Appeal Period of 20 business days should have been passed or the applicant has have confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
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:
The Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2 or other superseding document subsequently adopted by Council;
Best Practice Erosion and Sediment Control, International Erosion Control Association (2008)
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