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Delegated Report - Code - Planning OPW23 0121 [As Published]

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               DEVELOPMENT ASSESSMENT DELEGATED REPORT

               Author                  Graduate Development Engineer, Daniel Epps
                                       Development Assessment



                    APPLICATION DETAILS

                    Application No.                OPW23/0121

                    Applicant                      Macushla Jackson

                    Proposal                       Operational Works - Landscaping, Vehicle Crossover

                    Properly Made Date             9 August 2023

                    Information Request Date       22 August 2023

                    Information Response Date      4 September 2023

                    Decision Due Date              25 October 2023

                    Report Reviewed &              Mark Lewis – 25 October 2023
                    Finalised By


                    PROPERTY DETAILS

                    Property Address               320 David Low Way Peregian Beach Qld 4573

                    RP Description                 Lot 219 P 93111

                    Land Area                       711.0000 m²

                    Existing Use of Land           Vacant


                    STATUTORY DETAILS

                    SEQRP Designation              Urban Footprint

                    Zone                           Low Density Residential

                    Precinct                       Not Applicable

                    Local Plan Area                Not Applicable

                    Overlays                       Landslide Hazard

                    Assessment Type                Code

               1.      PROPOSAL
               The application seeks approval for an Operational Works - Landscaping, Vehicle Crossover.
               The locality and proposal plan are included below.




Document Set ID: 22566308
Version: 4, Version Date: 26/10/2023
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Page 2

                                       Figure 1 – Locality




                                       Figure 2 – Site Plan

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               2.     SITE DETAILS
               2.1. Background
               The proposed works sets out to address the conditions of the higher order approval: RAP22/0012.
               2.2. Site Description
               The subject site is an undeveloped site. The site grades away from David Low Way and
               experiences a level change of approximately -9 metres from between the road frontage to the rear
               property boundary (over ~30 metres). The site has limited sight distances, both longitudinally and
               laterally, due to the location of the site relative to David Low Way.
               3.     ASSESSMENT
               The proposed development includes the construction of a driveway crossover and landscaping
               works. The proposed development was largely assessed as part of the higher order approval
               (RAP22/0012). Engineering raised concerns relating to the protection of neighbouring properties
               (including Council’s Road Reserve), any existing infrastructure in these properties and the public
               (pedestrians, vehicles, etc.) during construction. It is considered that these concerns can be
               reasonably overcome as part of an Amended Construction Management Plan as conditioned.
               Sufficient information has been provided to demonstrate compliance with the relevant codes and
               standards. Engineering recommends the following conditions.
               Driveway Crossover
               The proposed driveway crossover has been designed by an RPEQ and in accordance with a Traffic
               Impact Assessment. Engineering recognise that the site is constrained due to the natural
               topography of the site and by David Low Way. Certification has been provided that the proposed
               location of the driveway crossover has the least impact on the local road network, achieves the
               most sight distance and serves as a functional/safe vehicular access to the subject site.
               Landscaping
               The proposed vegetation removal is necessary to accommodate the construction of the dwelling &
               driveway crossover. A proposed Rehabilitation Plan has been provided as part of the application
               material and assessed by Council’s Senior Environmental Officer.
               3.1. 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.
               3.2. Noosa Plan 2020
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •      Driveways and Parking Code;
               •      Landscaping Code;
               •      Transport Code; and
               •      Earthworks Code.
               The application has been found to generally comply with all applicable statutory instruments.
               4.     CONSULTATION
               4.1. Referral Agencies
               Not Applicable


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               4.2. Internal Council Referrals
               The application was forwarded to the following internal Council officers for review and/or comment:
               •       Senior Environmental Officer
               •       Technical Officer, Road Reserves
               5.      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 OPW23/0121 for an Operational Works - Landscaping, Vehicle
               Crossover situated at 320 David Low Way Peregian Beach Qld 4573 and described as Lot 219 P
               93111, it is recommended the application be approved in accordance with the following details for
               the Decision Notice:
               1.      APPLICATION DETAILS

                   Application No:                  OPW23/0121

                   Street address:                  320 David Low Way Peregian Beach Qld 4573

                   Real property description:       Lot 219 P 93111

                   Planning Scheme:                 Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for Approval for Operational Works - Landscaping, Vehicle Crossover
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      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

                          S21-110-C02           E        Civil Works Plan                        1 August 2023
                                                         Prepared by Westera Partners

                          LP000                 A        Cover Page                              9 August 2023
                                                         Prepared by Conlon Group

                          LP001                 A        Cover Page                              9 August 2023
                                                         Prepared by Conlon Group



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                         LP002               A      Existing Trees                                  9 August 2023
                                                    Prepared by Conlon Group

                         LP003               A      Trees To Be Removed                             9 August 2023
                                                    Prepared by Conlon Group

                         LP004               A      Proposed Rehabilitation                         9 August 2023
                                                    Prepared by Conlon Group

                         LP005               A      Schedule of Finishes, Planting Schedule 9 August 2023
                                                    and Revegetation Notes
                                                    Prepared by Conlon Group

                         LP101               A      Set Out Plan                                    9 August 2023
                                                    Prepared by Conlon Group

                         LP201               A      Surfaces Plan                                   9 August 2023
                                                    Prepared by Conlon Group

                         LP301               A      Planting Plan – Trees, Palms & Road 9 August 2023
                                                    Reserve Rehabilitation
                                                    Prepared by Conlon Group

                         LP302               A      Planting Plan - Groundcovers            Road 9 August 2023
                                                    Reserve Rehabilitation
                                                    Prepared by Conlon Group

                         LP401               A      Landscape Details                               9 August 2023
                                                    Prepared by Conlon Group

               CURRENCY PERIOD
               2.     The Currency Period for this development approval lapses if the development has not
                      substantially started by 25 October 2025, unless an application to extend the currency period
                      is approved by Council.
               SITE SPECIFIC CONDITIONS
               3.     All works associated with this permit are to be carried out in accordance with the Road
                      Reserve Permit issued by Council on 25 September 2023 (RRP23/0075).
               4.     Any changes to the way in which the site is accessed during the construction of the driveway
                      crossover or the landscape works must be:
                      a. submitted to Council in writing within five (5) business days of the change occurring;
                      b. agreed upon by Council; and
                      c. supported by a change to the Road Reserve Permit (RRP23/0075).
                      Bonds
               5.     A site control and/or compliance bond of $5,000 is to be submitted to Council prior to the pre-
                      start meeting. The pre-start meeting will only be held once Council's Construction
                      Engineering Officer has confirmation that the bond monies have been received by Council.



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                      The bond will be refunded 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.
               6.     Bonds must:
                      a.      meet the requirements of council’s relevant Planning Scheme Policy for performance
                              and uncompleted works.
                      b.      be lodged with Council and accompanied by the Bond Administration Fee/s.
                      c.      be requested for release by writing to Council, when relevant approval requirements
                              have been met.
                      GENERAL CONDITIONS
                      Engineering
               7.     A condition report including photographs of the frontage of the site must be completed and
                      submitted to Council at the prestart meeting.
               8.     The principal contractor must have all the appropriate insurance and public liability
                      documentation to carry out the works. The principal contractor is also responsible to ensure
                      that any subcontractors also have the appropriate insurance and public liability
                      documentation. Certificates demonstrating currency of public liability insurance and works
                      insurance covering the works must be submitted to Council prior to the prestart meeting.
               9.     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 6500. The
                      pre-start meeting must include the relevant parties for the following aspects of the works:
                      a.      Civil engineering works;
                      b.      Principal contractor; and
                      c.      Landscaping works.
               10.    An amended Construction Management Plan must be submitted to Council prior to the pre-
                      start meeting and must specifically address the following:
                      a.      management of the expected volume and type of vehicles accessing the site (i.e.,
                              concrete pump, concrete truck, deliveries, piling rig, etc.).
                      b.      traffic Management during the construction phase.
                      c.      appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
                              Devices (MUTCD)
                      d.      provision for safe vehicle and pedestrian access across the frontage of the site both.
               11.    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.
               12.    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
                      Fauna Management
               13.    A qualified person* must be engaged to manage fauna prior and during clearing to:
                      a.      Ensure works are carried out in accordance with the Nature Conservation Act 1992.
                      b.      Undertake pre-clearing inspections including fauna relocation and removal or blocking
                              of all vacant hollows.
                      c.      Ensure clearing works avoids nesting times of animals and birds.


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                      d.      Co-ordinate staging and sequence of clearing with fauna protection.
                      e.      Protect and recover fauna during clearing operations (not previously removed).
                      f.      Manage the translocation of animals and recovery procedures in accordance with
                              relevant legislation.
                      *(Refer to Advisory Note)
                      Removal of Existing Trees and Vegetation
               14.    Removal of existing trees and vegetation must be undertaken by a qualified person* and
                      must include:
                      a.      No damage to other vegetation for retention.
                      b.      Legal disposal of all removed vegetation and debris.
                      *(Refer to Advisory Note)
                      Landscaping Works
               15.    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)
                      Engineering
               16.    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
               17.    The developer must meet any costs to repair damage to any Council or private 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.
               18.    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.      The relevant conditions of the higher order Referral Agency Response RAP22/0012 to
                              which this approval relates.
                      c.      all relevant Noosa Council Planning Scheme Policies, standard drawings, standard
                              specifications and guidelines.
                      d.      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
               19.    No removal of street trees is permitted without Council’s prior written approval.
               20.    Safe vehicle and 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.
               21.    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.




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                     Driveways
               22.    Driveway crossovers must be constructed generally in accordance Council’s Standard
                      Drawings RS-049 and RS-050.
               23.    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.
               24.    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.
                      g.      any stormwater kerb outlet in close proximity to the edge of the new driveway must be
                              provided with an approved kerb adaptor.
                      h.      any existing kerb sections requiring removal due to the works must be saw-cut and
                              removed to allow for a smooth and neat finish with the new driveway.
               25.    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
               26.    The constructed driveway must not cause additional ponding on the road formation or the
                      road reserve.
                      Environment (Erosion and Sediment Control)
               27.    Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) 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.
               28.    The contractor must ensure non-essential exposure of soil is prevented by restricting the
                      extent of works and minimising the duration of soil exposure to adverse weather conditions.
                      Exposed areas must be suitably covered/stabilised/reinstated as soon as practicable and
                      prior to any predicted rainfall occurring.
               29.    Erosion and sediment control measures must be installed and maintained to minimise
                      erosion on the site and to minimise the export of sediment and associated pollutants from
                      the site. The erosion and sediment control measures must be designed, installed and
                      maintained in accordance with current best practice standards (refer to advisory notes).




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               FOLLOWING CONSTRUCTION
               30.    A final inspection and approval of the new driveway and completed reinstatement works by
                      Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the
                      inspection.
               31.    Upon completion of the work a certificate must be issued by an RPEQ certifying that the
                      works have been constructed in accordance with the requirements of this Operational Works
                      permit.
                      Supervision/Certification
               32.    Prior to commencement of use the following (prepared by respective qualified persons* and
                      certifying compliance with approvals) must be submitted to Council:
                      a.      Landscaping certification confirming all works have been constructed in accordance
                              with conditions of approval.
               5.     REFERRAL AGENCIES

               Not applicable.
               6.     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. It is
                      recommended that professional advice be sought for the construction of the driveway to
                      ensure that the driveway is constructed in accordance with standard drawing RS-049 and
                      RS-050.
               2.     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.
               3.     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.
               4.     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.
                      Qualified Person
               5.     Qualified Person, for the purpose of:
                      a.      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.
                      b.      Undertaking landscape construction and establishment works is considered to be a
                              person with five years current experience in commercial landscape construction
                              projects.
                      c.      Undertaking, supervising tree works and preparing arboriculture certification, is
                              considered to be a person with a minimum three years current experience in tree
                              protection, hazard identification/mitigation and AS2303 Tree stock for landscape use
                              assessment and either:

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                              i.       International Society of Arboriculture (ISA) certification; or
                              ii.      A Diploma of Arboriculture.
                      d.      Managing Fauna protection, preparing Fauna reporting and certification and
                              calculating compensatory habitat, is considered to be an Ecologist or Environmental
                              Scientist with a minimum of three years current experience in the field of fauna
                              assessment and management.
                      Retention of Existing Trees
               6.     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.
                      Removal of Existing Trees and Vegetation
               7.     Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
                      well as optimum weed seed sterilisation.
                      Prestart Inspections Request
               8.     Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
                      business days’ notice of preferred inspection time.
                      It should be noted prior to arranging a pre-start meeting the Appeal Period of 20 business
                      days must have passed or the applicant must have provided Council with written confirmation
                      that the applicant has accepted the conditions of Decision Notice and waived their appeal
                      rights.
               9.     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.
                      Environmental Advisory Notes
               10.    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
               11.    Accepted best practice standards include International Erosion Control Association
                      Australasia Best Practice Erosion and Sediment Control
               7.     PROPERTY NOTES

               Not applicable.
               8.     VARIATION APPROVAL DETAILS

               Not applicable.
               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

               Not applicable.
               10.    SUBMISSIONS

               Not applicable.




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               11.    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.
               12.    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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