Delegated Report - Code - Planning OPW21 0202

Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW21/0202
Applicant	Ronald Stanley McCarthy
Proposal	Operational Works - Vehicle Crossovers
Properly Made Date	14 July 2021
Information Request Date	28 July 2021
Information Response Date	Due 29 October 2021 – no response received
Decision Due Date	Originally 20 December 2021 Period “stopped” by applicant a number of times Due 2 February 2022
Report Completed Date	24 January 2022
Report Reviewed By	Diogo Carrico

PROPERTY DETAILS
Property Address	522 Cooroy Mountain Rd Cooroy Mountain Qld 4563
RP Description	Lot 9 RP 864130
Land Area	120000.00 m²
Existing Use of Land	Rural

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land, Biodiversity, Waterways and Wetlands, Bushfire, Landslide Regional Infrastructure (water),
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works - Vehicle Crossovers.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan - 2 new eastern driveways

Figure 3 – Barn Driveway

Figure 4 – Machine Shed Driveway
site details
Background
The subject application was submitted in response to Council’s investigation into a number of complaints. The complaints included the subject driveways (existing and under construction) as well as unapproved use of buildings on site and clearing in the road reserve.
The unapproved use of buildings on site and clearing in the road reserve have been investigated separately by Council’s Building Section and Local Laws respectively. This report does not address these items.
Site Description
The site is a rural property with a residence, barn and 2 other outbuildings
Surrounding Land Uses
The adjoining properties are also used for rural purposes.
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:
Driveways and Parking Code
Assessment
The application seeks approval for a number of existing and new driveways to the subject site. As part of the application the applicant submitted an assessment of each driveway prepared by a Registered Professional Engineer of Queensland. The assessment included plans for each driveway and recommendations on any works required to ensure that the driveway complied with the relevant standards (works/sight lines). There are improvements required at a number of the driveways. The driveways are to provide access to the residence, the barn, the machine shed and the paddock.
The residence.
The applicant has removed the existing access that ran along north-western boundary (within the Cooroy Mountain Road road reserve). This driveway is being replaced by one of the 2 new driveways constructed to the north-eastern boundary (Cooroy Mountain Road frontage). It is noted that the original proposal for the driveway at this new location was in the form of a “Y” with 2 crossover points at the road formation joining to single driveway at the property boundary. The applicant was advised early in the assessment that is was unlikely that the “Y’ would be supported. The applicant changed this driveway to a single point during the assessment of the application. The submitted RPEQ assessment recommends further improvements to this driveway and the removal of 2-3 trees in the road reserve to provide sufficient sight lines. Conditions have been included for the improvement works recommended in the RPEQ assessment and additional conditions have been included for the provision of the standard features shown on Council’s standard drawing (headwalls etc). It is noted that the applicant has installed PVC pipes under the driveway in lieu of the required RCP. Given the current unavailability of RCPs and that the maintenance of the driveway will be the property owner’s responsibility it is considered reasonable to accept the PVC pipe in this instance
A condition has also been included for the revegetation of that part of the road reserve occupied by the original driveway
The barn.
The existing driveway to the barn is to be retained. No further works have been recommended or are required apart from general maintenance
The machine shed.
The submitted RPEQ assessment has determined that suitable sight lines existing in both direction for this driveway. The assessment does not mention the structure itself or compliance with the standard drawings. It was noted during a site inspection that improvements would be required to bring the driveway to be in accordance with the standard drawings. Relevant conditions have been included.
The paddock (the most eastern driveway).
This is a new driveway. The submitted RPEQ assessment indicates that suitable sight lines are achievable with some minor works in road reserve and indicates that widening and headwall works are also required. The applicant has advised that this driveway will be used infrequently for the rural use (stock/ feed movements). It is noted that this driveway also has a PVC pipe in lieu of the RCP. Relevant conditions have been included for the additional works.

The application has been found to generally comply with all applicable statutory instruments.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Senior Environment Officer
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 OPW21/0202 for Operational Works - Vehicle Crossovers situated at 522 Cooroy Mountain Rd Cooroy Mountain Qld 4563 and described as Lot 9 RP 864130, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW21/0202
Street address:	522 Cooroy Mountain Rd Cooroy Mountain Qld 4563
Real property description:	Lot 9 RP 864130
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Vehicle Crossovers
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
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
C10	B	Driveway Layout and Long Sections prepared by RECOR consulting engineers	10 December 2021
C20	B	Line of Sight Assessment, Driveway 1 of 2 Line of site west prepared by RECOR consulting engineers	10 December 2021
C21	B	Line of Sight Assessment, Driveway 1 of 2 Line of site east prepared by RECOR consulting engineers	10 December 2021
C22	B	Line of Sight Assessment, Driveway 2 of 2 Line of site west prepared by RECOR consulting engineers	10 December 2021
C23	B	Line of Sight Assessment, Driveway 2 of 2 Line of site east prepared by RECOR consulting engineers	10 December 2021
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 24 January 2024, unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITIONS
A site control and/or compliance bond of $2000 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.
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.
The existing driveways (the “barn and machine shed”) and the driveways under construction (the “residence and the paddock”) must be upgraded and improved to be in accordance with the approved plans and Council’s standard drawing RS-056. The works must include but not be limited to:
The “paddock” driveway. The works shown on the approved plans (widening, clearing, minor earthworks, headwalls) and the standard drawing (scour protection, guide posts)
The “residence” driveway. The works shown on the approved plans (widening, clearing,  headwalls) and the standard drawing (scour protection, guide posts)
The “barn” driveway. The works shown on the standard drawing (scour protection, guide posts)
The “machine shed” driveway. The works shown on the standard drawing (headwalls, scour protection, guide posts)
The works must also include the removal of any fencing that stands within the road reserve adjacent to the residence and the redundant driveway.
Rehabilitation after Vegetation Clearing
Rehabilitation of the road reserve (area previously occupied by the driveway to the residence and unsuitable/pest species) must:
Be undertaken immediately following completion of the driveway works that required clearing;
Remove all unsuitable (e.g. bamboo) and pest species;
Result in the area being stable and revegetated;
Be established with revegetation works undertaken by a qualified person*; and
Be revegetated with a species that reflect the surrounding road reserve vegetation.
GENERAL CONDITIONS
Engineering
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 6500. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Clearing works
Erosion and Sediment Controls
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
traffic management during the construction phase.
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe vehicle access across the frontage of the site both during work hours and after hours.
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.
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.
Clearing of Vegetation
Prior to felling or pruning, all trees are to be inspected for wildlife (i.e. koalas, possums, birds’ nests etc). If wildlife is present, the tree must not be felled or pruned until the wildlife has left the tree or has been removed by a qualified person*.
*(Refer to Advisory Note)
Vegetation removal or pruning must be undertaken in a manner that avoids damaging surrounding vegetation and habitat.
Tree protection fencing must be installed under the supervision of the Project Arborist.
Retention of Existing Trees and Vegetation
No removal of additional trees within the road reserve is permitted without Council’s prior written approval.
All tree and vegetation removal works must be undertaken by a qualified person*.
*(Refer to Advisory Note)
DURING CONSTRUCTION
Engineering
The integrity and condition of any existing public or Council infrastructure and services (above ground and/or underground) must not be adversely affected by the proposed works
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.
All works must be constructed and work procedure undertaken in accordance with:
the approved plans/documents and 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 Reserves
Safe 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 neatly with existing road and verge/ features. Additional works beyond the driveways may be required to provide an acceptable transition to existing road and verge profiles.
Driveways
Driveway crossovers must be constructed generally in accordance Council’s Standard Drawings RS-056 together with any associated addendum
The following must be complied with during the construction of the required crossover/driveways:
the driveways must be in accordance with the requirements of AS2890.1 Off-Street Car Parking for longitudinal and crossfall gradients.
the driveways must be constructed so as to not concentrate or direct stormwater runoff onto neighbouring properties or the road formation
Pavement design for 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
The constructed driveways must not cause additional ponding on the road formation or the road reserve.
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. 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 6500 to arrange for the inspection.
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the requirements of this Operational Works permit and that the driveways are safe for the intended use.
Bonds
Bonds must:
meet the requirements of council’s relevant Planning Scheme Policy for performance and uncompleted works.
be lodged with Council.
be requested for release by writing to Council, when relevant approval requirements have been met.
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
As the driveways are private structures, the owner bears full responsibly for the standard of their construction, maintenance and any liabilities associated with their 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 the approved plans and the standard drawing.
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.
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.
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
Contact Council on 5329 6500 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 reinspection 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 International Erosion Control Association Australasia Best Practice Erosion and Sediment Control
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:
Undertaking rehabilitation construction and establishment works is considered to be a person with five years current experience in revegetation and regeneration.
Undertaking, supervising tree works and preparing arboriculture certification, is considered to be a person with a minimum three years current experience in tree protection, hazard identification/mitigation and Specifying Trees – a guide to assessment of tree quality (NATSPEC) assessment and either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
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 (ACH Act).
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 ACH 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 Unit to discuss any obligations under the ACH Act.
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

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Figure 14- Barn driveway aerial south west - 189m.

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Figure 18 Machine shed driveway aerial north east - 125m