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Delegated Report - Code - Planning OPW25 0021 · OPW25/0021

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               DEVELOPMENT ASSESSMENT DELEGATED REPORT

               Author                  Development Engineer, Diogo Carrico
                                       Development Assessment



                    APPLICATION DETAILS

                    Application No.                OPW25/0021

                    Applicant                      Millwell Services Pty Ltd

                    Proposal                       Operational Works – Electrical

                    Properly Made Date             5 February 2025

                    Information Request Date       Not Applicable

                    Information Response Date      Not Applicable

                    Decision Due Date              9 April 2025

                    Report Reviewed &              Prepared by: Diogo Carrico
                    Finalised By
                                                   Reviewed by: Mark Lewis 04/03/2025


                    PROPERTY DETAILS

                    Property Address               41 Tallowwood Pl Black Mountain Qld 4563

                    RP Description                 Lot 36 RP 897845

                    Land Area                      24820m²

                    Existing Use of Land           Residential


                    STATUTORY DETAILS

                    SEQRP Designation              Rural Living Area

                    Zone                           Rural Residential

                    Precinct                       Not applicable

                    Local Plan Area                Not applicable

                    Overlays                       Biodiversity, Bushfire (Medium & Impact Buffer), Landslide (High
                                                   & Moderate), Koala Habitat

                    Assessment Type                Code

               1.      PROPOSAL
               The application seeks approval for Operational Works – Electrical.
               The proposal plan is included below.



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                                             Figure 1 – Proposed Commissioning Plan

               2.     SITE DETAILS
               2.1. Site History
               Subject application follows up on the requirements of higher order approval RAL24/0003 to install
               the required infrastructure to provide electricity to the newly created lot.
               2.2. Site Description




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               2.3. Surrounding Land Uses




               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 (25 September 2020).
               3.2. Noosa Plan 2020
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •       Works Codes
               4.      CONSULTATION
               4.1. Referral Agencies
               Not Applicable
               4.2. Internal Council Referrals
               Not applicable
               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 OPW25/0021 for Operational Works – Electrical, situated at 41
               Tallowwood Pl Black Mountain Qld 4563 and described as Lot 36 RP 897845, it is recommended
               the application be approved in accordance with the following details for the Decision Notice:
               1.      APPLICATION DETAILS

                   Application No:           OPW25/0021

                   Street address:           41 Tallowwood Pl Black Mountain Qld 4563


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                   Real property description:     Lot 36 RP 897845

                   Planning Scheme:               Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for Operational Works – Electrical
               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

                            24191               B       “Site Plan & Schedules”                  30 January 2025
                            Sheet 1 of 2                Prepared by Millwell Services

                            24191               B       “Existing & Proposed LV Geographics”     30 January 2025
                            Sheet 2 of 2                Prepared by Millwell Services

               CURRENCY PERIOD
               2.      The Currency Period for this development approval lapses if the development has not
                       substantially started by 10 March 2027, unless an application to extend the currency period
                       is approved by Council.
               PRIOR TO COMMENCEMENT OF WORKS
                       Engineering
               3.      All necessary approvals from external service providers (e.g., Energex) and external parties
                       on which the development works are proposed have been obtained and a copy supplied to
                       Council.
               4.      A condition report including photographs of the frontage of the site must be completed and
                       submitted to council prior to the prestart meeting.
               5.      Certificates demonstrating currency of public liability insurance and works insurance covering
                       the works must be submitted to Council prior to the prestart meeting.
               6.      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.      Electrical reticulation works.
               7.      A Construction Management Plan must be submitted prior to the prestart meeting and must
                       address the following:
                       a.      Traffic management during all phases of construction;
                       b.      Adequate parking arrangements for works and deliveries;



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                      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.
               8.     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.
               9.     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
               10.    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.
               11.    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 Reconfiguration of Lot approval viz.
                              RAL24/0003 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
               12.    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.
               13.    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.
               14.    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.
                      Erosion and Sediment Control
               15.    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.




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               16.    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.
               17.    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).
               18.    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.
               19.    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.
               20.    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
               21.    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.
               PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY
                      Certification
               22.    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.

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               5.     REFERENCE DOCUMENTS

               Not applicable.
               6.     REFERRAL AGENCIES

               Not applicable.
               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
               1.     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.
               2.     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.
               3.     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, On and Off Maintenance Inspections Request
               4.     Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
                      business days’ notice of preferred inspection time.
               5.     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.
               6.     A minimum maintenance period of 12 months will apply to all municipal works and thereafter
                      until such time as the works are performing in accordance with the approved design unless
                      noted otherwise.
                      Environmental Advisory Notes
               7.     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
               8.     Accepted best practice standards include International Erosion Control Association
                      Australasia Best Practice Erosion and Sediment Control.
               9.     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).
               10.    As a general rule, a site is determined to have achieved effective short-term stabilisation if
                      at the time of the plan sealing inspection:
                      c.      Methods of stabilisation are:
                              •    appropriate for slopes and slope lengths; and

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                              •    are consistent with best practice environmental management practices such as in
                                   the Manual for Erosion and Sediment Control or the IECA Manual; and
                      d.      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.
               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 online at
               www.noosa.qld.gov.au or at Council Offices.




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Document Set ID: 23576624
Version: 3, Version Date: 04/03/2025

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