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Delegated Report - Code - Planning OPW24/0203
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Development Engineer, Shirshik
Development Assessment
APPLICATION DETAILS
Application No. OPW24/0203
Applicant Magda Ellen Condon
Elliott Todd Condon
Proposal Operational Works - Vehicle Crossover
Properly Made Date 26 November 2024
Information Request Date Not Applicable
Information Response Date Not Applicable
Decision Due Date 4 Feb 2025
Report Reviewed & Daniel Epps – 09 Dec 2024
Finalised By
PROPERTY DETAILS
Property Address 16 Lyrebird Ct Peregian Beach Qld 4573
RP Description Lot 168 P 93135
Land Area 863.0000 m²
Existing Use of Land Vacant lot
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential
Precinct Not applicable
Local Plan Area Coastal Communities
Overlays Landslide Hazard Overlay
Assessment Type Code
1. PROPOSAL
The application seeks retrospective approval for an Operational Works - Vehicle Crossover.
The locality and proposal plan are included below.
Document Set ID: 23382862
Version: 3, Version Date: 10/12/2024
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Figure 1 – Locality
Figure 2 – Site Plan
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2. APPLICATION BACKGROUND
The work is to address the conditions of the higher order approval (RAP22/0026) which requires
the driveway crossover to be constructed in accordance with an Operational Works approval.
3. SITE DETAILS
3.1. Background
The non-standard crossover has already been built without the Operational Works approval, which
is required as per the conditions of the Referral Agency Response.
4. ASSESSMENT
4.1. 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.
4.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Low Density Residential Zone Code; and
• Low Density Housing Code.
The subject site is located in Peregian Beach and is zoned low density residential. The proposed
use is identified as a consistent use within the zone and is required to follow a code assessable
application process.
The application has been found to generally comply with all applicable statutory instruments.
Assessment
The non-standard crossover has already been built without OPW approval. As part of the
application material, a detailed Traffic Engineering Letter prepared by Modus Transport and Traffic
Engineering was provided justifying the non-standard layout.
Council considers the non-standard layout acceptable due to the location of the driveway crossover
on the cul-de-sac.
5. CONSULTATION
5.1. Referral Agencies
Not Applicable
5.2. Internal Council Referrals
Not applicable
6. 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.
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RECOMMENDATION
With regard to Application No OPW24/0203 for Operational Works - Vehicle Crossover situated at
16 Lyrebird Ct Peregian Beach Qld 4573 and described as Lot 168 P 93135, it is recommended
the application be approved accordance with the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: OPW24/0203
Street address: 16 Lyrebird Ct Peregian Beach Qld 4573
Real property description: Lot 168 P 93135
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 - Vehicle Crossover
3. 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
- - DRIVEWAY CROSSOVER LAYOUT PLAN -
Prepared by MODUS
GENERAL CONDITIONS
Engineering
2. 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
3. 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
4. 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.
5. 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. all relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines
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c. 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
6. No removal of street trees is permitted without Council’s prior written approval.
7. All 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.
Driveways
8. Driveway crossovers must be constructed generally in accordance Council’s Standard
Drawings RS-049, RS-050 and any associated addendum.
9. 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.
10. 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 in accordance with the requirements of AS2890.1 Off-Street Car
Parking for longitudinal and crossfall gradients.
c. the driveway must be constructed so as to not concentrate or direct stormwater runoff
onto neighbouring properties.
d. underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway.
e. 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.
f. have a minimum clearance of 500mm from any Unitywater/Energex/Telstra asset,
unless a written approval is obtained from Unitywater/Energex/Telstra and submitted
to Council.
11. Pavement design for privately owned works must be undertaken in accordance with the
relevant standards. Structural integrity of the driveway and car park areas will remain the
responsibility of the property owner/developer.
Stormwater Drainage
12. The constructed driveway must not cause additional ponding on the road formation or the
road reserve.
4. REFERRAL AGENCIES
Not applicable.
5. 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. 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.
Environmental Advisory Notes
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2. 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.
Aboriginal Cultural Heritage Act 2003
3. 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.
6. PROPERTY NOTES
Not applicable.
7. VARIATION APPROVAL DETAILS
Not applicable.
8. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
9. SUBMISSIONS
Not applicable.
10. 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.
11. 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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