2016-11-08 S&O Agenda - Item 1, Attachment 1 - Annual Report 2015-16

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                8 NOVEMBER 2016


RECOMMENDATION
That Council note the report by the Coordinator Engineering to the Planning & Environment
Committee Meeting dated 8 November 2016 regarding application OPW16/0006 for a
Development Permit Operational Works – Excavation, Extraction or Filling – Bringing in fill, top
soil and grass at 15 Blackbean Court, Black Mountain and:
A.    Refuse the application for the following reasons:
      1.    The applicant has not provided the additional information as described in Council’s
            Information Request necessary for the assessment of the application; and
      2.    The works have the potential to block the overland flow of stormwater and cause
            damage to the subject site and the adjoining property which is contrary to the Noosa
            Plan.
B.    Direct the property owner to remove any unapproved structures and/or fill that affects the
      overland flow of stormwater.


REPORT
The application was submitted in a response to a complaint received by Council. The complaint
concerned the placement of fill and the construction of retaining walls and fencing on 15
Blackbean Court that have the potential to block the overland flow of stormwater from 19
Blackbean Court on to the subject site.
There is a history of complaints regarding stormwater both between the individual property
owners and between the property owners and Council. Council has previously advised the owner
of the subject site in a letter dated 25 June 2015 that:
    Council’s responsibilities associated with the discharge of stormwater on the adjoining
      property (No 19) stop at the end of the easement within that property; and
    Damage resulting from re-direction of stormwater from the natural flow path which creates
      erosion or other nuisance to private property is considered a civil issue.
The works that are the subject of the application were undertaken by the owner of the subject site
during December 2015 and January 2016 and do not comply with the ‘self assessable’ criteria of
the Earthworks Code of the Noosa Plan.
Council sent an Information Request on 29 January 2016 requesting additional information
sufficient to fully assess the application. Council’s Information Request reads as follows:
“Provide certification from a Registered Professional Engineer of Queensland (RPEQ) that states
that the constructed works are in accordance with The Noosa Plan – Earthworks Code and
Biodiversity Overlay Code or alternatively provide a plan prepared by an RPEQ that indicates the
remedial works required to ensure that the works are in accordance with the codes.”
On 19 July 2016 Council received a response to the Information Request. The response
consisted of a letter from a solicitor. It is noted that, on the same date, the applicant submitted a
letter to the Director Infrastructure and Planning regarding the stormwater outlet within 19
Blackbean Court. The letters do not include any information to assist with the assessment of the
application. The letters:
    suggest that the drainage issues for 15 Blackbean Court have been created by Council’s
      failure to maintain the drainage system and the previous activities of the owner of 19
      Blackbean Court.
    request that Council refund the application fee and approve the works.




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