Changed Approval OPW15/0197.01

Officer:	Mark Lewis
Direct Telephone:	07 53296293
Our Reference:	OPW15/0197.01:
Your Reference:	NA
20 May 2016

GN & BJ Herford
PO Box 413
NOOSA HEADS  QLD  4567

Dear Sir & Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval. On 19 May 2016, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	OPW15/0197.01 & OPW15/0197
Street Address:	6 Habitat Place, Noosa Heads  Qld  4567
Real Property Description:	Lot 18 RP 900664
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
Council on 13 November 2015, decided to issue the following type of approval:
Development Permit for Operational Work Engineering Works - Vehicle Crossover.
In relation to the request to make a change to the existing approval, Council on 19 May 2016, decided to approve a change to conditions 1, 2, 13 & 16 and Advisory Note 1.
relevant period of approval
The relevant period for this development approval is in accordance with that stated in the Decision Notice dated 13 November 2015, unless an application to extend the period is approved by Council under s 383 of the Sustainable Planning Act 2009.
CONSOLIDATED 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 Description	Date
-	-	# 6 Habitat Place, Noosa Heads	-
SITE SPECIFIC CONDITIONS
The surfacing of the proposed crossovers (ie the section of the driveway between the kerb line and the front boundary) must consist of either an approved plain/patterned concrete, hot mixed asphaltic concrete or suitable grass cell turf paving.
PRIOR TO COMMENCEMENT OF WORKS
General
Prior to the commencement of works, a condition report including photographs of the frontage of the site must be completed for future reference and made available to Council at 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 6244. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works.
A Traffic Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) to provide warning to drivers and road users of any safety hazard or changes to traffic conditions due to the proposed works.
Fencing to the work site during the construction phase as may be necessary to ensure the safety of the public and the road users.
Provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
Providing safe parking arrangements for all machinery, appliances and cars during construction phase without adversely impacting on the traffic flows, traffic safety and the availability of parking spaces along the local streets.
DURING CONSTRUCTION
General
The integrity and condition of any existing public or Council infrastructure and services (above and/or under ground) must not be adversely affected by the proposed works.
The developer must meet any costs to repair damage to any Public or 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 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 Reserve
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 smoothly and neatly with existing road, verge, footpath features and existing services without causing trip hazards to pedestrians.
Driveways
The property owner is responsible for the ongoing maintenance of and any liabilities associated with the use of the crossovers. If at any time the nominated grass cell turf paving proves to be unsuitable for the proposed the use the property owner must replace the grass cell turf paving with either concrete or asphalt. These works must be undertaken as directed by Council and at no cost to Council.
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 crossovers/driveways:
The driveways crossovers must be 4.5m wide maximum.
The driveways must be generally in accordance with the requirements of AS2890.1 Off-street Car Parking for longitudinal and crossfall gradients.
The driveways must be constructed to ensure pedestrian safety using non-slip materials to produce an evenly graded surface finish matches the existing grassed verge without trip hazards.
Have a minimum clearance of 500mm from any Unitywater/Eneregx/Telstra asset, unless a written approval is obtained from Unitywater/Eneregx/Telstra and submitted to Council.
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.
The design of privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveways will remain the responsibility of the property owner/developer.
Stormwater Drainage
Any stormwater kerb outlet in close proximity to the edge of the new driveway must be provided with an approved durable kerb adaptor.
The constructed driveway must not cause additional ponding on the road formation or the road reserve or concentrate or direct stormwater runoff onto neighbouring properties.
Any proposed surface drainage grate must be located wholly within private property.
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, particular attention must be given to prevent sediment from entering into Council’s street stormwater drainage system. 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 driveways and completed reinstatement works by Council’s Inspector is required.  Please contact Council on 5329 6244 to arrange for the inspection.
5.	REFERRAL AGENCIES
Not Applicable.
6.	REFERENCED DOCUMENTS
Not Applicable.
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
As the driveways are private structures, the property owner bears full responsibly for the standard of its construction, maintenance and any liabilities associated with its construction and use.
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the accuracy of the drawings has not been undertaken.  The applicant bears full responsibility for all aspects of the engineering design.
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 Sustainable Planning Act 2009 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 6244 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 re-inspection 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)
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.
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 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 Co-ordination Unit on 07 3239 3647 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.

DECISION NOTICE HISTORY Original Decision Notice - 13 November 2015 Changes to an Existing Approval – 19 May 2016, with an amendment to conditions 1, 2, 13 & 16 and Advisory Note 1.

Yours faithfully

Kerri Coyle
Manager Planning & Environment

Encl. 	Approved Plans/Documents
Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

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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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