Delegated Report - Code - Planning OPW21 0357

Author	Senior Environmental Officer, Amanda Turner
Development Assessment

APPLICATION DETAILS
Application No.	OPW21/0357
Applicant	Clint Keizer
Proposal	Operational Works - Landscaping
Properly Made Date	31 January 2022
Information Request Date	7 February 2022
Information Response Date	24 February 2022
Decision Due Date	13 April 2022
Report Completed Date	02 March 2022
Report Reviewed By	Mark Lewis 01 March 2022

PROPERTY DETAILS
Property Address	503 Middle Creek Rd Federal Qld 4568
RP Description	Lot 8 RP 835350
Land Area	15430.000 m²
Existing Use of Land	Outbuilding

STATUTORY DETAILS
SEQRP Designation	
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Biodiversity, Waterways and Wetlands (Areas of biodiversity significance, MSES Regulated Vegetation - Category R GBR riverine, riparian buffer area) Bushfire Hazard (Medium potential bushfire intensity, Potential impact buffer)
Assessment Type	Code
PROPOSAL
The application seeks approval for an Operational Works - Landscaping.  The proposal includes rehabilitation works as per the MCU20/0146 condition requirements. The proposed rehabilitation works is situated within the riparian buffer zone to Middle Creek.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan
site details
Background
A Development Permit for Material Change of Use of Premises Dwelling and Secondary Dwelling in Riparian Buffer (MCU20/0146) was approved (Negotiated Decision Notice) 16 July 2021. Condition 9 of the MCU requires a Rehabilitation Landscaping works plan as part of an Operational Works application.
Site Description
The site is currently occupied by an existing shed (140m2) and is encompassed by Middle Creek to the north and Middle Creek road (reserve) to the south and east of the site.  The site is largely cleared of vegetation with riparian vegetation remaining along the creek.
Surrounding Land Uses
The subject site is surrounded by rural properties.
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:
Landscaping Works Codes;
Biodiversity Overlay Code
Landscape Code
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment include complying with Condition 9 of the MCU20/0146 and complying with the Biodiversity Overlay Code and Landscaping Works Code.
The amended Landscape Rehabilitation Plan meets all condition requirements within the MCU including:
Rehabilitation of the Riparian Buffer area for a minimum of 20m from the Middle Creek boundary;
Achieving a floristic composition of Regional Ecosystem 12.3.1;
Landscape Planting being in accordance with Landscaping Code and PSP2 – Landscaping
Suitable planting schedule, numbers and locations ensuring stability of the creek line and banks
Environmental weed control;
The Landscape Rehabilitation Plan includes the proposed future dwellings as per the MCU approved plans.
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 OPW21/0357 for an Operational Works - Landscaping situated at 503 Middle Creek Rd Federal Qld 4568 and described as Lot 8 RP 835350, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW21/0357
Street address:	503 Middle Creek Rd Federal Qld 4568
Real property description:	Lot 8 RP 835350
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development for Operational Works - Landscaping
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 22 February 2024, unless an application to extend the currency period is approved by Council.
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
LD1	D	General Notes prepared by Anembo Consultants	24/02/2022
LD2	D	General Notes prepared by Anembo Consultants	24/02/2022
LD3	D	Schedule of Finishes, Specification Notes & Typical Detail prepared by Anembo Consultants	24/02/2022
LD4	D	Plant Schedules prepared by Anembo Consultants	24/02/2022
LP1	D	Landscape Plan prepared by Anembo Consultants	24/02/2022
LP2	D	Landscape Plan prepared by Anembo Consultants	24/02/2022
PRIOR TO COMMENCEMENT OF WORKS
A condition report including photographs of the frontage of the site and riparian buffer vegetation must be completed and submitted to Council prior to any works commencing.
DURING CONSTRUCTION
General
Where damage occurs to any Council asset as a result of the development works, it must be repaired immediately where it creates a hazard that presents risk to person or property. Other damage must be repaired prior to completion of works.
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 Material Change of Use approval viz. MCU20/0146 to which this approval relates.
All relevant Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
The latest version of Water Sensitive Urban Design Technical Design Guidelines for South East Queensland (Healthy Waterways) for all water quality devices to be constructed on site.
VEGETATION PROTECTION
Retention of Existing Trees and Vegetation
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.
Plant Pest Management
A qualified person* must manage plant pest (weeds) in accordance with the approved Landscaping Plan to:
Ensure plants listed as Class 1 and 2 declared pests within Council’s Pest Management Plan are controlled and prevented from spreading.
Oversee management techniques that minimise regrowth, prevent damage to non-target species, retain conservation values and maintains site stability.
*(Refer to Advisory Note)
Land Rehabilitation
Rehabilitation works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice.
*(Refer to Advisory Notes)
The Rehabilitation supervisor must annually:
Organise formal inspection with Council’s delegate*.
Submit to Council (with each inspection request) a Rehabilitation Status Report (written and photographic), mapping:
The condition of the regeneration area.
How the rehabilitation works have met the performance outcomes detailed within the approved Landscape Rehabilitation Plan.
Detailing works undertaken in the previous year.
The percentage cover of indigenous recruitment.
Measuring the works against the conditioned Performance Criteria.
*(Refer to Advisory Notes)
Rehabilitation and Weed Management works must meet the Performance Criteria detailed within the approved Landscape Rehabilitation Plan.
FOLLOWING CONSTRUCTION
Supervision/Certification
Prior to commencement of use the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification confirming all works have been constructed in accordance with conditions of approval.
(* Refer to Advisory Note)
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:
Rehabilitation Inspections Request
Contact Council on 5329 6500 to arrange a prestart meeting or an inspection giving a minimum of five business days’ notice of preferred inspection time.
Retention of Existing Trees
The existing trees on adjoining properties must be retained and protected during construction wherever achievable. To avoid doubt, this advisory note is not intended to exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following construction of the development which is the subject of this development approval.
Qualified Person
Qualified Person, for the purpose of:
Supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three years current experience in the field of landscape design.
Undertaking rehabilitation construction and establishment works is considered to be a person with five years current experience in revegetation and regeneration.
Preparing certification and managing declared plant pests, is considered to be:
a landscape architect with a minimum of 3 years current experience in the field of pest plant management;
a botanist or ecologist with a minimum of 3 years current experience in the field of pest plant management;
an environmental consultant with a minimum of 3 years current experience in the field of pest plant management.
Landscape Works
The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges Register where:
An inspection revealed that any constructed rehabilitation/landscape works do not comply with the conditions of the Decision Notice, Approved Plans and or Approved Documents
Certification is submitted to Council falsely stating that works comply with the approved plans, documents and or conditions of the Decision Notice.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work
Compliance Certificate for Plumbing Works	Effluent Disposal
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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