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Delegated Report - Code - Planning OPW24/0203

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               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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Page 2

                                       Figure 1 – Locality




                                       Figure 2 – Site Plan

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Document Set ID: 23382862
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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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Document Set ID: 23382862
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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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Document Set ID: 23382862
Version: 3, Version Date: 10/12/2024

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