OPW15/0139 - Delegated Report

DELEGATED REPORT
PLANNING ASSESSMENT BRANCH

REQUEST FOR NEGOTIATED DECISION NOTICE

Application no:	OPW15/0139
	
Project Manager:	Monkeith Kadhum - Development Engineer
	

SUMMARY:

APPLICATION DETAILS
Application Number:	OPW15/0139
Applicant:	Callaghan & Toth Consulting Engineers Pty Ltd
Representations Received Date:	26/11/2015
Original Approval Type:	Development Permit for Operational Work - Earthworks & Landscaping (Construction of 16 aquaculture ponds)
Number of Submissions for Original Application:	Non

PROPERTY DETAILS
Property Address:	429 Kennedys Rd POMONA  QLD  4568
RP Description:	Lot 7 MCH 793
Land Area:	708980 Square Metres
Existing Use of Land:	Rural

STATUTORY DETAILS
SEQRP Designation:	Rural
Planning Scheme:	The Noosa Plan (16 September 2013)
Strategic Plan Designation:	Rural
Planning Precinct / Zone:	Rural
Assessment Type:	Code

BACKGROUND:

A Development Permit for Operational Work - Earthworks & Landscaping (Construction of 16 aquaculture ponds) was approved on 30/10/2015.

The applicant made representations on 25/11/2016 to the development approval conditions.  The representations are detailed below but primarily relate to settlement ponds for stormwater quality purpose.

ASSESSMENT:
An assessment in relation to each of the submitted representations is provided below.

Condition 2
Prior to requesting a pre-start meeting, the applicant must provide certification from an RPEQ confirming that the proposed sizing of the ponds, and settlement pond is consistent with all referral agency conditions in the higher order approval MCU 12/0041.

Applicant’s Representation
The referral agency (Department of Environment and Heritage Protection – DEHP) advised that there was no size specific requirement in the original approval MCU12/0041as such there is no need for settlement pond sizing in the OPW permit approval.  The pond that to be used for the settlement pond was already constructed at the time of the site visit by DEHP’s representative (Tina Boss), and it had Department of Natural Recourses and Mines  (DNRM) approval prior to construction.

Applicant requests this condition be deleted.

Assessment of Representation
Agree to the request to delete this condition.

Council’s Environment Officer (Cherie O’Sullivan) advises that water in dam were checked and it has been confirmed that no ongoing turbidity issue.  As such there are no concerns about the sizing of the settlement pond and the condition can be deleted.

Recommendation
It is recommended that Condition 2 be deleted.

Condition 3
Emerson Aggregate Tests must be provided for soils representative of all soils at the finished surface levels of all aquaculture and settlement ponds. Certification of the Emerson Tests from an RPEQ or other suitably qualified person must be provided to confirm that the soils do not exhibit dispersive qualities. Where Emerson testing demonstrates that soils are dispersive, the relevant pond(s) must be over excavated to an additional depth of 100mm and a non-dispersive layer of soils installed to return the ponds to the approved design level.
Applicant’s Representation
Applicant advises that the settlement pond was constructed to DNRM approval and it does not require tests to comply.   The requirement for test and the additional soil layer is considered excessive.

Applicant requests this condition be deleted.

Assessment of Representation
Agree to the request to delete this condition

Council’s Environment Officer (Cherie O’Sullivan) advises that water quality testing has been provided in conjunction with a site visit (on 18/02/2016) showed there is no ongoing turbidity issue in the pond. The initial concern for turbidity issue was associated with a cloudy visual appearance of the pond on a sequence of aerial images on the mapping web site of Nearmap   The condition can be deleted.

Recommendation
It is recommended that Condition 3 be deleted.

Condition 7
A Construction Management Plan must be submitted to council prior to the prestart meeting and must specifically address the following:
Traffic management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures to address any potential of adverse traffic impact on the main and local roads.
Appropriate safety fencing to the work site in accordance with the supervising engineer instructions.
Works programme identifying key components of the works and their respective durations.
Implementing measures to minimise dust and noise pollution during the construction phase.
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues.
Identification of complaint management procedures including:
Contact details for the onsite manager.
Dispute resolution procedures.
Details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.
NOTE: any damage to the existing road system as a result of the works and/or the haulage operations must be fully repaired at the applicant’s expense.

Applicant’s Representation
Applicant advises that the project should only require construction machinery inside the farm, the requirements of this condition are considered more extensive than necessary.

Applicant requests deleting 7(e) and revising 7(a) as follow:
Traffic management plan is required where access to Council’s road networks is involved, including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures to address any potential of adverse traffic impact on the main and local roads.

Assessment of Representation
Agree to the requested amendments to Condition 7.

Recommendation

Amend Condition 7 to read as follow:

A Construction Management Plan must be submitted to council prior to the prestart meeting and must specifically address the following:
Traffic management plan is required where access to Council’s road networks is involved, including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures to address any potential of adverse traffic impact on the main and local roads.
Appropriate safety fencing to the work site in accordance with the supervising engineer instructions.
Works programme identifying key components of the works and their respective durations.
Implementing measures to minimise dust and noise pollution during the construction phase.
Deleted.
Identification of complaint management procedures including:
Contact details for the onsite manager.
Dispute resolution procedures.
Details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.
NOTE: any damage to the existing road system as a result of the works and/or the haulage operations must be fully repaired at the applicant’s expense.

RECOMMENDATION

AGREE to the representations submitted in relation to Application No. OPW15/0139, situated at 429 Kennedys Rd POMONA  QLD  4568 , and issue a Negotiated Decision Notice in accordance with the following:-

A.	Delete Conditions 2 and 3

B.	Approve a change to conditions 7 to read as follows:-

A Construction Management Plan must be submitted to council prior to the prestart meeting and must specifically address the following:
Traffic management plan is required where access to Council’s road networks is involved, including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures to address any potential of adverse traffic impact on the main and local roads.
Appropriate safety fencing to the work site in accordance with the supervising engineer instructions.
Works programme identifying key components of the works and their respective durations.
Implementing measures to minimise dust and noise pollution during the construction phase.
Deleted.
Identification of complaint management procedures including:
Contact details for the onsite manager.
Dispute resolution procedures.
Details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.
NOTE: any damage to the existing road system as a result of the works and/or the haulage operations must be fully repaired at the applicant’s expense.

C.	Issue a Negotiated Decision Notice with the recommended changes.

REPORT COVER SHEET
PLANNING ASSESSMENT BRANCH

Application no:	OPW15/0139
	
Author:	Mark Lewis
	
manager:	Monkeith Kadhum
	

TO BE COMPLETED BY MANAGER / REPORT AUTHOR:

Is the application required to be decided by the Iconic Panel?:	Yes     /     No
Is referral required to the Councillor Delegated Sign Off Mailbox?:	Yes     /     No
Has a site inspection been undertaken?:	Yes     /     No
Has Infrastructure Policy Branch been notified and a request for an Infrastructure Contributions calculation been made?:	Yes     /     No

Material to give to the Project Director

□	A copy of any previous edited version of the report
□	Plans and documents recommended to become Approved Plans and Documents
□	Location plan / aerial photographs at appropriate scales
□	Copy of all specialist advice and/or memos (or alternatively tagged in the file)
□	Site photos (where obtained)
□	Copy of all referral agency responses (or alternatively summarised in the body of the report)
□	Copies of all adjoining approvals and past approvals for the site as may be relevant

OFFICER	MANAGER

Signature:	Signature:
	
Position:	Position:  Development Engineer
	
Date:	Date:

TO BE COMPLETED BY PROJECT DIRECTOR:
(Note: to be signed after the Councillor Delegated Sign Off referral process is completed (where applicable))

I exercise delegation in accordance with the delegations adopted by Council on <:

Signature:	Date:
	
MANAGE

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