Delegated Report - Code - Planning OPW22 0123

Author	Senior Environmental Officer, Amanda Turner
Development Assessment

APPLICATION DETAILS
Application No.	OPW22/0123
Applicant	Blue Care
Proposal	Operational Works - Landscaping
Properly Made Date	5 May 2022
Information Request Date	24 May 2022
Information Response Date	10 June 2022
Decision Due Date	26 July 2022
Report Completed Date	15 July 2022
Report Reviewed By	Mark Lewis

PROPERTY DETAILS
Property Address	1 Grasstree Ct Sunrise Beach Qld 4567
RP Description	Lot 9 SP 322789, Lot 6 SP 322789
Land Area	45980 m² 8668 m²
Existing Use of Land	Vacant land/native vegetation

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Community Facilities – Residential Care Facility
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Bushfire Hazard Overlay Map – Potential Impact Buffer
Assessment Type	Code
PROPOSAL
The application seeks approval for an Operational Works – Landscaping for streetscapes and adjoining road network. The application is proposing to complete the landscaping in three stages; stage 1 - bus stop/intersection/park, stage 2 – Lot 6 verge, stage 3 – Lot 9 verge (see Figure 3).

Figure 1 – Locality

Figure 2 – Stages Plan

Figure 3 – Staging Plan

Figure 4 – Landscape Plan

site details
Background
A development application for Material Change of Use for Multiple House – Type 3 Retirement & Special Needs, Commercial Business – Type 2 Medical and Wellbeing – Type 1 Health (132008.1128) was approved 15 August 2011. Minor application changes have since occurred with the latest being approval number 132008.1128.04 approved 19 November 2020. Higher Order conditions required upgrades to the road network resulting in Operational Works (OPW) OPW18/0343 being approved. The applicant has commenced road and bus network upgrades which is yet to be completed. The approval for the residential care facility includes residential age care on Lot 6 and retirement care on Lot 9. Lot 6 is currently under construction with no date for commencement of Lot 9 known at this time hence the requirement to include landscaping to be completed in stages.
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:
Landscape - Works Codes;
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
The higher order approval (132008.1128.04) condition 26 requires the following is included as part of this Operational Works Application:
Condition 26. The Landscaping Plan shall address landscaping treatments for the development including internal streetscapes, buffer areas and open space areas, adjoining road network and properties, including:-
26.1. Incorporation of koala sensitive design and koala food trees.
26.2. Incorporation of Glossy Black Cockatoo food trees.
26.5. Landscaping treatments to open space areas, including any rehabilitation and planting enhancement requirements drainage basins;
26.7. The location of pedestrian pathways and seating within the site and on the road reserve adjoining the site.
26.8. All plant species are to be local native species suitable for the site (excluding turf species).
26.9. Such landscaping is to be completed in accordance with the approved landscaping plan prior to acceptance of the development on maintenance.
26.10. Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use.
The application includes koala sensitive design and koala food trees including Eucalyptus racemose (4) and Lophostemon confertus (25) species planted. Twenty-eight Allocasuarina littoralis (Black Cockatoo feed trees) are included within the plan. Landscaping has been proposed within the open spaces within the bus stop/park area. All species selected are local native species that are suitable for the locality.
In addition relevant Operational Works OPW18/0343 conditions (see below) have been met as detailed within the proposed Landscape Plan (revision B) with the staging stating commencement of landscaping immediately following completion of the road upgrades.
Condition 9. The area between the new road and the subject property must be landscaped. The works must be carried out in accordance with an Operational Works application and be sufficient to screen the subject development site without impacting on the necessary sightlines for vehicles and pedestrians. All plantings must be in accordance with The Noosa Plan – Planning Scheme Policy 3 – Landscaping Plants & Guidelines.
Condition 48. Landscaping must be undertaking within 3 months of the completion of the approved civil works.
The proposed staging plan for landscaping is appropriate as Stage 1 is required to be completed immediately in full after completion of the civil works (OPW18/0343). Stage 2 is to be completed as part of the building works for OPW18/0341.01 on Lot 6 (Residential Aged Care - RAC) with interim turf to be installed. Stage 3 is the verge in front of Lot 9 which is to be delayed and completed as part of Lot 9 building works but only if works on Lot 9 have commenced prior to opening of RAC. If Lot 9 has not commenced then it is to be completed prior to commencement of use of Lot 9.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Consultation was sourced from Councils Parks and Gardens department on the 5 May 2022. With advice provided to not include extensive shrub/groundcover planting to assist in ongoing Council maintenance activities and longevity of plant survival. Species substitution was provided to ensure species were suitable for the locality.
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 OPW22/0123 for an Operational Works - Landscaping situated at 1 Grasstree Ct Sunrise Beach Qld 4567 and described as Lot 9 SP 322789, Lot 6 SP 322789, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW22/0123
Street address:	1 Grasstree Ct Sunrise Beach Qld 4567
Real property description:	Lot 9 SP 322789, Lot 6 SP 322789
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Landscaping
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Plans and Documents
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
000-CS	B	Cover Sheet prepared by Urbis	10/06/2022
001-CS	B	Legend prepared by Urbis	10/06/2022
201-FI	B	Finishes Plan prepared by Urbis	10/06/2022
202-FI	B	Finishes Plan prepared by Urbis	10/06/2022
203-FI	B	Finishes Plan prepared by Urbis	10/06/2022
501-PL	B	Planting Plan prepared by Urbis	10/06/2022
502-PL	B	Planting Plan prepared by Urbis	10/06/2022
503-PL	B	Planting Plan prepared by Urbis	10/06/2022
101-SP	B	Staging Plan prepared by Urbis	10/06/2022
901-DT	B	Landscape Details prepared by Urbis	10/06/2022
902-DT	B	Landscape Details prepared by Urbis	10/06/2022
N/A	B	Landscape Specification prepared by	10/06/2022
LANDSCAPE CONDITIONS
PRIOR TO COMMENCEMENT OF WORKS
A prestart meeting must be organised with Council’s delegate by calling 5329 6500 (giving at least five business days’ notice). The prestart meeting must be attended by the responsible persons for:
Landscape works.
Other relevant parties.
Bonds
Prior to the prestart meeting, a Performance Bond of $30,000 must be lodged as security for Streetscape, Park and Amenity Landscaping. The bond:
may be drawn upon by Council in its entirety if landscaping is not completed as per this approval and/or does not meet the 12 month maintenance period requirements.
will be returned upon completion of the maintenance period relating to each stage in the following amounts:
Stage 1: $20,000
Stage 2: $5,000
Stage 3: $5,000
DURING CONSTRUCTION
General
Where damage occurs to any Council asset as a result of the development works, it must be repaired immediately where it creates a hazard that presents risk to person or property. Other damage must be repaired prior to completion of works.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
The relevant conditions of the higher order Material Change of Use approval viz. 132008.1128.04 to which this approval relates.
All relevant Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
The latest version of Water Sensitive Urban Design Technical Design Guidelines for South East Queensland (Healthy Waterways) for all water quality devices to be constructed on site.
Landscaping Works
Landscape works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice.
(* Refer to Advisory Note)
Landscape works must:
Delineate all planting to grassed area interfaces with a concrete or timber edge as specified within the approved plans.
Ensure amenity or sales signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled.
*(Refer to Advisory Notes)
Public amenity trees* must:
Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC).
Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines.
Be located from services and infrastructure a minimum of:
6m from electricity poles and pillars.
4m from street lighting.
2m from stormwater catchment pits.
2m from any adjoining driveway.
*(Refer to Advisory Note)
The final location of plant species to be agreed on site with Council’s delegate at the pre-start meeting.
Turfed areas must be must be free of pest, diseases and weeds and level with adjoining surfaces.
Pathways and Access Points
Paths of travel must:
Terminate in a manner that ensures smooth transition to existing surfaces for public safety.
Be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS 1428, Design for access and mobility.
*(Refer to Advisory Note)
VEGETATION PROTECTION
Retention of Existing Trees and Vegetation
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.
FOLLOWING CONSTRUCTION
Supervision/Certification
Prior to commencement of use the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification confirming all works have been constructed in accordance with conditions of approval.
NATSPEC certification (Specifying Trees: a guide to assessment of tree quality addressing each specimen).
(* Refer to Advisory Note)
On Maintenance
Maintenance periods* must be:
12 months for Streetscape, Park and Amenity Landscape.
*(Refer to Advisory Note)
Prior to commencement of use the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification.
Specifying Trees: a guide to assessment of tree quality (NATSPEC) certification (addressing each specimen).
On Maintenance management includes:
Establishing and maintaining the works in accordance with the intent and requirements of all approvals.
To aesthetically compliment the surrounding local area.
Rectification of works failing ‘on ground’ to a solution that still meets approval intents.
Regular mowing, weeding and fertilising of grass areas.
Mulching, fertilising and aeration of garden areas.
Cleaning of all external surfaces including prompt removal of graffiti.
Replacement of dead or poorly performing plants.
Off Maintenance
Prior to requesting an Off Maintenance inspection the following must be provided:
Written request of bond release.
Off Maintenance Inspection must be requested:
By contacting Council.*
Only after lodgement of all other required certification and documentation.
Only after all works are confirmed in good order including:
Rectifying any damaged grassed areas.
Topdressing to grassed areas.
Remulching, fertilising and aeration of garden areas.
Replacement of plant material.
Removal of plant material impeding regulation sightlines.
Cleaning and/or refinishing of all external surfaces including prompt removal of graffiti.
*(Refer to Advisory Note)
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:
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6500 to arrange a prestart meeting or an inspection giving a minimum of five business days’ notice of preferred inspection time.
Retention of Existing Trees
The existing trees on adjoining properties must be retained and protected during construction wherever achievable. To avoid doubt, this advisory note is not intended to exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following construction of the development which is the subject of this development approval.
Qualified Person
Qualified Person, for the purpose of:
Supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three years current experience in the field of landscape design.
Landscape Works
The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges Register where:
An inspection revealed that any landscape works do not comply with the conditions of the Decision Notice, Approved Plans and or Approved Documents
Certification is submitted to Council falsely stating that works comply with the approved plans, documents and or conditions of the Decision Notice.
Public amenity trees are defined as any tree located within public streets, parks or areas that will become publically owned as a result of this development.
On Maintenance
Request for On Maintenance is the responsibility of the developer.  No credit will be given due to failure to request inspection.  Maintenance works are the responsibility of the developer and must include regular inspections, repairs, rectifications and establishment.  A single maintenance run immediately prior to inspection is not acceptable.
Council reserves the right to stop and restart the maintenance periods due to non-compliance with conditions of this approval.
Off Maintenance
A re-inspection fee in accordance with Councils 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.
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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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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Room

SUNRISE - GRASSTREE COURT

 

——SES SST & ‘STAGING PLAN 101-SP


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STAGE 1:
‘TOBE COMPLETED IN FULL IMMEDIATELY AFTER COMPLETION OF CURRENT
(CIMIL WORKS (INTERSECTION UPGRADE)

‘sTAGE2:
FOOTPATH AND LANDSCAPING TO BE COMPLETED AS PART OF BUILDING
WORKS AND PRIOR TO COMMENCEMENT OF USE. INTERIM SCENARIO WILL
REQUIRE TURFED VERGES (BY CIVIL)

‘STAGE:
‘SOUTHERN VERGE FOOTPATH AND LANDSCAPING CAN BE DELAYED
‘AND COMPLETED AS PART OF LOT @ ONLY IF WORKS ON LOT @ HAVE.
‘COMMENCED PRIOR TO OPENING OF RAC. IF LOT @ HAS NOT
‘COMMENCED - 0 BE COMPLETED PRIOR TO COMMENCEMENT OF USE
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SUNRISE -
GRASS TREE COURT

LANDSCAPE PACKAGE
FOR OPW

REFERENCE PLAN PLANTING SCHEDULE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

FOR LENOLEASE ON =o
BEHALF OF BLUECARE

 

= ‘COVER SHEET o00-cs.