Delegated Report - Code - Planning OPW18 0124 · OPW18/0124

Author	Diogo Carrico - Development Engineer
Development Assessment

APPLICATION DETAILS
Application No.	OPW18/0124
Applicant	Leonard Noel Staib Sharon Maree Staib
Proposal	Operational Works – Earthworks for the construction of a dam
Properly Made Date	21 May 2018
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	19/07/2018
Report Completed Date	07/06/2018
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	123-183 Dr Pages Rd Cootharaba Qld 4565
RP Description	Lot 4 SP 239219
Land Area	49.3553 ha
Existing Use of Land	Rural

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Locality	COOTHARABA
Zone	Rural
Overlays	Environmental Protection Area and Riparian Buffer Area at the northern boundary; Low Potential Acid Sulphate Area (outside application related works); Bushfire
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works – Earthworks for the construction of a dam.
site details
Background
Application follows on compliance action. The only reason for the works not being considered self-assessable was the fact that the dam was not setback the required distance (minimum 50m) from the eastern property boundary (as required by the Earthworks Code), adjacent to 185 Dr Pages Rd. The Operational Works earthworks application includes a letter from the owner of 185 Dr Pages Rd indicating that they are agreeable to the location of the dam.
Site Description

Surrounding Land Uses
Rural Living
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:
Earthworks Code;
Erosion and Sediment Control Code.
cONSULTATION
Referral Agencies
Not Applicable
Other 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 OPW18/0124 for Operational Works – Earthworks for the construction of a dam situated at 123-183 Dr Pages Rd Cootharaba Qld 4565 and described as Lot 4 SP 239219, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW18/0124
Street address:	123-183 Dr Pages Rd Cootharaba Qld 4565
Real property description:	Lot 4 SP 239219
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works – Earthworks for the construction of a dam
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
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
		As submitted with application	21/05/2018
FOLLOWING CONSTRUCTION
Engineering
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (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 dam 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
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.
It is recommended that professional advice be sought with regards to the structural integrity of the dam, namely the retaining wall adjacent to property in Lot Plan 2RP885196 (185 Dr Pages Rd).
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)
As a general rule, a site is determined to have achieved effective short-term stabilisation if:
Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual; and
Stormwater runoff from the site is not currently, and is not likely to result in visible evidence of sedimentation or erosion, or lead to water contamination.
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