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Delegated Report - Code - Planning OPW24 0017 · OPW24/0017

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               DEVELOPMENT ASSESSMENT DELEGATED REPORT

               Author                  Graduate Development Engineer, Daniel Epps
                                       Development Assessment



                    APPLICATION DETAILS

                    Application No.                OPW24/0017

                    Applicant                      GMW Projects Pty Ltd

                    Proposal                       Operational Works - Earthworks, Stormwater, Clearing
                                                   Vegetation under planning scheme, Vehicle Crossover

                    Properly Made Date             8 February 2024

                    Information Request Date       Not Applicable

                    Information Response Date      Not Applicable

                    Decision Due Date              15 April 2024

                    Report Reviewed &              Mark Lewis – 11 April 2024
                    Finalised By


                    PROPERTY DETAILS

                    Property Address               38 Plover St Peregian Beach Qld 4573

                    RP Description                 Lot 12 P 9313

                    Land Area                      506.0000 m²

                    Existing Use of Land           Residential


                    STATUTORY DETAILS

                    SEQRP Designation              Urban Footprint

                    Zone                           Low Density Residential

                    Precinct                       Not Applicable

                    Local Plan Area                Not Applicable

                    Overlays                       Acid Sulfate Soils, Bushfire Hazard, Coastal Protection,
                                                   Landslide Hazard, UXO

                    Assessment Type                Code

               1.      PROPOSAL
               The application seeks approval for a Operational Works - Earthworks, Stormwater, Clearing
               Vegetation under planning scheme, Vehicle Crossover.



Document Set ID: 22937465
Version: 3, Version Date: 17/04/2024
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               The locality and proposal plan are included below.




                                                       Figure 1 – Locality




                                                    Figure 2 – Driveway Plan

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                                                      Figure 3 – Hydraulic Plan

               2.     SITE DETAILS
               2.1. Background
               On 2 May 2023, Council issued a Development Permit for Building Works assessable against the
               Noosa Plan – Additions to Dwelling House (DBW21/0208).
               2.2. Surrounding Land Uses
               The subject site fronts Sunrise Beach Park.
               3.     ASSESSMENT
               3.1. 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.
               3.2. Noosa Plan 2020
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •      Driveways and Parking Code;
               •      Earthworks Code;
               •      Water Quality and Drainage Code;
               •      Landslide Hazard Overlay Code; and
               •      Acid Sulfate Soils Overlay Code.
               The application has been found to generally comply with all applicable statutory instruments. The
               key issues identified during assessment of the application are discussed below:
               •      The plan amendments pursuant to Condition 2 of DBW21/0208 have been approved by
                      Council.
               •      Driveway Crossover – The proposed driveway crossover has been designed generally in
                      accordance with BG & E’s Proposed Driveway and Carport Plan (Condition 15 of
                      DBW21/0208). Suitable vertical clearance checks were provided demonstrating a B99
                      vehicle could enter and exit the site without scrapping or bottoming out. The alignment of the

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                       crossover is not perpendicular to the road edge, however, is considered acceptable in this
                       instance due to the existing geometry of the road reserve and site. The proposed driveway
                       crossover does not create any trip hazards in the road reserve.
               •       Stormwater – The proposed stormwater management plan has been prepared by MRP
                       Hydraulic & Fire Services Consultants and proposes to discharge into the exiting on-site
                       infiltration area (Condition 18 of DBW21/0208). The geotechnical report prepared by Tectonic
                       states that ‘subsurface disposal of stormwater must not be undertaken’. The applicant has
                       indicated to Council that ‘additional detail around the onsite stormwater management is not
                       necessary to be provided on the basis that the roof area and impervious areas remain largely
                       unchanged’.
               •       Vegetation Removal – The Arborist Report prepared by Australian Tree Contractors &
                       Arboricultural Consultants flagged the trees within Council’s road reserve as being suitable
                       for removal. BG & E’s Proposed Driveway and Carport Plan indicates that the existing
                       pandanus tree is to be retained. Council is generally supportive of the remaining trees flagged
                       for removal provided suitable replacements are planted. This matter was referred to Council’s
                       Senior Environmental Officer.
               •       Landslide Hazard – A Geotechnical Report was provided as called for by the higher order
                       approval (Condition 22). The report is prepared by a suitably qualified person (RPEQ –
                       Registered Professional Engineer of Queensland) and provides suitable recommendations
                       to achieve a ‘Low Risk’ of global slope instability. A non-standard condition is recommended
                       for this Operational Works approval advising the applicant that all works must be undertaken
                       in accordance with Tectonic’s report. Ordinarily a condition of this nature would be included
                       as part of the higher order approval but was not in this instance due to the absence of a
                       Geotechnical report during Council’s assessment of the DBW application.
               4.      CONSULTATION
               4.1. Referral Agencies
               Not Applicable
               4.2. Internal Council Referrals
               The application was forwarded to the following internal Council officers for review and/or comment:
               •       Senior Environmental Officer
               5.      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 OPW24/0017 for a Operational Works - Earthworks, Stormwater,
               Clearing Vegetation under planning scheme, Vehicle Crossover situated at 38 Plover St Peregian
               Beach Qld 4573 and described as Lot 12 P 9313, it is recommended the application be approved
               in accordance with the following details for the Decision Notice:
               1.      APPLICATION DETAILS

                   Application No:              OPW24/0017

                   Street address:              38 Plover St Peregian Beach Qld 4573

                   Real property description:   Lot 12 P 9313

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)


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               2.     DECISION DETAILS

               Council decided to issue the following type of approval:
               •      Development Permit for Approval for Operational Works - Earthworks, Stormwater,
                      Clearing Vegetation under planning scheme, Vehicle Crossover
               3.     CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.     ASSESSMENT MANAGER CONDITIONS

               APPROVED PLANS
               1.     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

                           SK-C-0001               C       Proposed Driveway and Carport Layout 17   February
                                                           Plan                                 2023
                                                           Prepared by BG & E Engineers

                           H-102                   02      Site Plan Stormwater Drainage           6    February
                                                                                                   2024
                                                           Prepared by MRP Hydraulic Consultants

               CURRENCY PERIOD
               2.     The Currency Period for this development approval lapses if the development has not
                      substantially started by 15 April 2026, unless an application to extend the currency period is
                      approved by Council.
                      Site Specific Conditions
               3.     The development must provide two street trees along the frontage of the subject site and
                      comply with Council’s relevant standards. The final number and location of the street trees
                      to be agreed upon by Council at the pre-start meeting. The street tree(s) must. The street
                      tree(s) must:
                      a.      Be a minimum 45 litre pot size;
                      b.      Be located as to not adversely affect the sight distances of vehicles or any existing
                              infrastructure;
                      c.      Be one of the following species:
                                       i.   Acronychia imperforate;
                                   ii.      Alectryon coriaceous;
                                   iii.     Backhousia myrtifolia;
                                   iv.      Callistemon viminalis; or
                                   v.       Banksia intergrifolia; and
                      d.      Meet the requirements outlined in AS2303 – Tree Stock for landscape use.
                      Bonds
               4.     A site control and/or compliance bond of $10,000 is to be submitted to Council prior to the
                      pre-start meeting. 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.


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                      The bond will be refunded less any costs incurred by Council in ensuring compliance with
                      these conditions or any additional inspections incurred for substandard work or work
                      undertaken not in accordance with this permit.
               5.     Bonds must:
                      a.      have approval of the bond calculations and amount from Council prior to lodgement
                      b.      be lodged with Council and accompanied by the Bond Administration Fee/s.
                      c.      be requested for release by writing to Council, when relevant approval requirements
                              have been met.
               PRIOR TO COMMENCEMENT OF WORKS
                      Engineering
               6.     Tree protection fencing must be installed under the supervision of the Project Arborist. (Refer
                      to Retention of Existing Trees Conditions).
               7.     All necessary approvals from external service providers (e.g., Unitywater) and external
                      parties on which the development works are proposed have been obtained and a copy
                      supplied to Council.
               8.     A condition report including photographs of the frontage of the site must be completed and
                      submitted to council at the prestart meeting / prior to any works commencing.
               9.     Certificates demonstrating currency of public liability insurance and works insurance covering
                      the works must be submitted to Council prior to the prestart meeting.
               10.    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 6500. The
                      pre-start meeting must include the relevant parties for the following aspects of the works:
                      a.      Civil engineering works;
                      b.      Landscape works; and
                      c.      Other relevant parties
               11.    A preliminary Construction Management Plan must be submitted with the Operational Works
                      application and must address the following:
                      a.      Traffic management during all phases of construction;
                      b.      Adequate parking arrangements for works and deliveries;
                      c.      appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
                              Devices (MUTCD); and
                      d.      provision for safe vehicle and pedestrian access across the frontage of the site both
                              during daily construction and after daily construction has ceased.
               12.    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.
               13.    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.
               DURING CONSTRUCTION
                      Engineering
               14.    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.

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               15.    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. Where municipal works are involved, such
                      confirmation must be submitted for the respective hold points prior to any site inspection by
                      Council Officers.
               16.    All works must be constructed and work procedure undertaken in accordance with:
                      a.      The approved plans/documents and conditions detailed in this Decision Notice;
                      b.      The relevant conditions of the higher order Building Works approval viz. DBW21/0208
                              to which this approval relates;
                      c.      All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
                              specifications and guidelines; and
                      d.      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/Reinstatement
               17.    Safe vehicle and 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.
               18.    All frontage 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.
               19.    Electrical conduits or other services proposed to be installed within existing and proposed
                      road reserves under existing sealed carriageways, concrete pathways, concrete/sealed
                      driveways or significant vegetation must be installed by boring. Trenching is not permitted,
                      unless specifically approved by Council.
                      Site Access and Driveways
               20.    Driveway crossovers must be constructed in accordance with council’s Standard Drawings
                      RS-049, RS-050 and any associated addendum.
               21.    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.
               22.    The following must be complied with during the construction of the required
                      crossover/driveway:
                      a.      The driveway surfacing must consist of either an approved hot mixed asphaltic
                              concrete or patterned/plain concrete;
                      b.      The driveway must be constructed so as not to concentrate stormwater runoff onto
                              neighbouring properties;
                      c.      Underground service conduits for water supply, electricity and any other services must
                              be provided as part of the access driveway;
                      d.      Where there is an existing pedestrian path, a matching crossfall must be provided for
                              the driveway on the alignment of the path, for the full width of the path; and
                      e.      The property access must be located a minimum of 1m clear of existing power poles,
                              streetlights or other signage. The developer is responsible for any necessary relocation
                              of existing services to provide this clearance and must contact the relevant service
                              authorities and comply with their requirements in relation to these works.


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                      Earthworks and Retaining Walls
               23.    All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
                      on Earthworks for Commercial and Residential Development.
               24.    Slope and batters are a maximum grade of:
                      a.      1 in 6 where in proximity to waterbodies;
                      b.      1 in 4 for grassed areas;
                      c.      1 in 3 for planted areas; and
                      d.      1 in 2 for combined structural engineering and planting solutions.
                      Geotechnical Stability
               25.    All works must be carried out in accordance with the recommendations contained in section
                      4 of Tectonic’s Slope Stability Assessment Report (24008-001-Rev0) dated 31 January
                      2024.
                      Stormwater Drainage
               26.    Appropriate scour protection must be provided at the outlet of all stormwater pipes including
                      temporary outlets.
               27.    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).
               28.    Construction of all internal stormwater drainage works must comply with the relevant
                      section/s of Australian Standard AS/NZS 3500.3.
               29.    Prior to the completion of the development, 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.
                      Erosion and Sediment Control
               30.    Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
                      Regulation 2019) 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.
               31.    Sediment and erosion control measures must be in place prior to works commencing. If such
                      measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
                      fines can be issued if sediments from the site are found to enter or have the potential to enter
                      Council’s stormwater system, natural waterways, any downstream stormwater filtration
                      system or adversely impacting on other properties. The sediment and erosion control design
                      and measures have NOT been approved, it is the site's Supervising Engineer who is
                      responsible for ensuring that the sediment and erosion control measures have:
                      a.      Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
                              practise" methods;
                      b.      Been revised by an RPEQ or CPESC to address the issues raised by changes in the
                              projected construction schedule and/or methods;
                      c.      Been revised to address predicted rainfall events; and
                      d.      Achieve the desired environmental outcomes.
                      Council may request further controls to be installed should the implemented measures be
                      found inefficient.


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               32.    The erosion and sediment control measures must be designed, installed and maintained in
                      accordance with the supervising engineer instructions and the current best practice
                      standards * (Refer to Advisory Note).
               33.    The developer must ensure non-essential exposure of soil is prevented by restricting the
                      extent of disturbance and minimising the duration of soil exposure to adverse weather
                      conditions and effectively turf, cover or stabilise any disturbed area without delay and prior
                      to rainfall occurring.
               34.    The developer must ensure sediment does not leave the site or enter onto adjoining
                      properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or
                      machinery. It is essential to implement appropriate approved erosion and sediment control
                      measures throughout the site during all phases of construction including vehicle shakedown
                      pad/grid (or similar) at the access to the construction site. Where sediments or other
                      contaminants are deposited on a road, they must be removed so as not to enter Council’s
                      drainage system or waterways.
               35.    Prior to the completion of the development and commencement of use, 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. 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.
                      Damage to Services and Assets
               36.    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:
                      a.      where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
                              or
                      b.      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.
               FOLLOWING CONSTRUCTION
                      Certification
               37.    Upon completion of the work a certificate must be issued by an RPEQ certifying that the
                      works have been constructed in accordance with the Operational Works permit.
               38.    A final inspection and approval of the new driveway and completed reinstatement works by
                      Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the
                      inspection.
               5.     REFERENCE DOCUMENTS

                Plan No.               Rev.   Plan/Document Name                                      Date

                24008-001              0      Slope Stability Assessment – Proposed Extensions 31   January
                                              & Carport                                        2024
                                              Prepared by Tectonic

                22806228               1      Arborist Inspection                                     9    February
                                                                                                      2024
                                              Prepared by Australian Tree Contractors &
                                              Arboricultural Consultants

               6.     REFERRAL AGENCIES

               Not applicable.
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               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
               39.    As this driveway is a private structure, the owner bears full responsibly for the standard of its
                      construction, maintenance and any liabilities associated with its construction. It is
                      recommended that professional advice be sought for the construction of the driveway to
                      ensure that the driveway is constructed in accordance with standard drawings RS-049, RS-
                      050 and any associated addendum.
               40.    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.
               41.    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.
               42.    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 Inspections Request
               43.    Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
                      business days’ notice of preferred inspection time.
               44.    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
               45.    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
               46.    Accepted best practice standards include International Erosion Control Association
                      Australasia Best Practice Erosion and Sediment Control.
               47.    Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
                      in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
                      Engineer of Queensland (RPEQ).
               48.    As a general rule, a site is determined to have achieved effective short-term stabilisation if
                      at the time of the plan sealing inspection:
                      a.      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
                      b.      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.

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               8.     PROPERTY NOTES

               Not applicable.
               9.     VARIATION APPROVAL DETAILS

               Not applicable.
               10.    FURTHER DEVELOPMENT PERMITS REQUIRED

               Not applicable.
               11.    SUBMISSIONS

               Not applicable.
               12.    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.
               13.    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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