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Delegated Report - Code - Planning OPW20 0105
Author Development Engineer, Diogo Carrico Development Assessment APPLICATION DETAILS Application No. OPW20/0105 Applicant Michael Christopher Broeren Proposal Operational Works – Vehicle Crossover Properly Made Date 21 July 2020 Information Request Date 23 July 2020 Information Response Date 22 October 2020 Decision Due Date 10 December 2020 Report Completed Date 27 November 2020 Report Reviewed By Mark Lewis – 27 November 2020 PROPERTY DETAILS Property Address 3 Crusoe Ct Castaways Beach Qld 4567 RP Description Lot 102 MCH 807481 Land Area 944 m² Existing Use of Land Residential STATUTORY DETAILS SEQRP Designation Urban Footprint Zone Low Density Residential Precinct Not Applicable Local Plan Area Not Applicable Overlays Acid Sulphate Soils; Landslide Hazard (partial) Assessment Type Code PROPOSAL The application seeks approval for Operational Works – Vehicle Crossover. The proposal plans are included below. site details Background Applicant seeks to widen the driveway but proposed widening clashes with existing stormwater inlet. He proposes to place a metallic plate as per drawings above. This application has been referred to (and discussed with) a council’s Infrastructure Services’ officer, who agreed to the proposed solution. It is noted that development approval RAB16/0138 approved the carport within front boundary setback. Site Description Surrounding Land Uses 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 Carparking Codes. cONSULTATION Referral Agencies Not Applicable Internal Council Referrals Infrastructure Services’ 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 OPW20/0105 for Operational Works – Vehicle Crossover situated at 3 Crusoe Ct, Castaways Beach Qld 4567 and described as Lot 102 MCH 807481, it is recommended the application be approved in accordance with the following details for the Decision Notice: application details Application No: OPW20/0105 Street address: 3 Crusoe Ct Castaways Beach Qld 4567 Real property description: Lot 102 MCH 807481 Planning Scheme: The Noosa Plan (8 June 2018) Decision details Council decided to issue the following type of approval: Development Permit for Operational Works – Vehicle Crossover 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 DWG No 3.7 A Proposed Carport Driveway Crossover Prepared by M Design (AS ANNOTATED BY COUNCIL) 29/06/2020 17482 01 C Proposed X-Over Ramp Prepared by Rienmac Pty Ltd 22/10/2020 CURRENCY PERIOD The Currency Period for this development approval lapses if the development has not substantially started by 2 December 2022, unless an application to extend the currency period is approved by Council. PRIOR TO COMMENCEMENT OF WORKS Bond A performance/maintenance bond of $1500 is to be submitted to Council prior to the prestart meeting. The prestart 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 12 months after the works have been accepted On-Maintenance 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. Engineering A condition report including photographs of the frontage of the site must be completed and submitted to council prior to the prestart meeting. 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 6245. The pre-start meeting must include the relevant parties for the following aspects of the works: Civil engineering works; Other relevant parties. A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following: appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD); provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased. 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. DURING CONSTRUCTION Engineering 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. 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. Pavement Design and Construction 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 and must be certified by an RPEQ. Works within Road Reserve/Reinstatement Safe 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. 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. 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. Site Access and Driveways Driveway crossover must be constructed in accordance with the approved plans and generally in accordance with council’s Standard Drawings RS-049 and RS-050. 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. The following must be complied with during the construction of the required crossover/driveway: The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete; The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties; The property access must be located a minimum of 1m clear of existing power poles, streetlights or other signage. The developer is responsible for any necessary relocation of existing services to provide this clearance and must contact the relevant service authorities and comply with their requirements in relation to these works. Stormwater Drainage Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets. Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (e.g. by blocking or interfering with natural overland flows). Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3. Erosion and Sediment Control Prescribed Water Contaminants (as defined in Schedule 9 of Environmental Protection Regulation 2008) 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. 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: Been duly designed by an RPEQ or CPESC and constructed in accordance with "best practise" methods; Been revised by an RPEQ or CPESC to address the issues raised by changes in the projected construction schedule and/or methods; Been revised to address predicted rainfall events; and Achieve the desired environmental outcomes. Council may request further controls to be installed should the implemented measures be found inefficient. 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). 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. 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. 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 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: where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or 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. FOLLOWING CONSTRUCTION Certification 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; will not compromise the structural integrity of the road formation; do not worsen the stormwater pit’s capacity to collect stormwater. On Maintenance All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to requesting an inspection. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council: certification as detailed in previous condition; maintenance and operational manuals for all proprietary or site specific devices. Off Maintenance Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection. A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where: a Council inspection reveals works do not comply with approval requirements; submitted certification falsely states works comply with approval requirements. Maintenance Bonds. The developer is responsible for the maintenance of all development works within road reserve for private use (i.e. proposed 16mm solid plate for property access) for a minimum period of 12 months or as otherwise advised by Council. This period will commence from Council’s formal acceptance of the development “on maintenance”. The developer must submit a Maintenance Bond to Council to ensure the above works are maintained during this period. The maintenance bond must be: 5% of the agreed value of the development obligations; or $1500, whichever is the greater amount. 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 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. It is recommended that professional advice be sought for the construction of the driveway to ensure that the driveway is constructed generally in accordance with standard drawings RS-049 and RS-050. 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, On and Off Maintenance Inspections Request Contact Council on 5329 6245 to arrange a prestart or an inspection giving a minimum of 5 business days’ notice of preferred inspection time. 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. 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 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: the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2 or other superseding document subsequently adopted by Council; Best Practice Erosion and Sediment Control, International Erosion Control Association (2008) As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the on-maintenance inspection: Methods of stabilisation are: appropriate for slopes and slope lengths; and are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual; and 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. If at the time of request for the on-maintenance inspection, the method of short-term stabilisation has not achieved a level of stability that Council's Officers believe will have a high probability of achieving long term stability (i.e. until house construction has occurred on all lots), Council Officers may take the following matters into consideration in determining whether the site is capable of achieving medium to long-term stability: evidence that the site has been effectively stabilised in the short term; evidence that soil has been adequately ameliorated; evidence that seed of annual and perennial grass species has been applied at an adequate rate; and that grass seed has germinated at a density that is likely to achieve an effective grass cover. 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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