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