Delegated Report - Code - Planning OPW17 0552 · OPW17/0552

Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW17/0552
Applicant	John Edward Jamieson & Ngaio Ellen Jamieson
Proposal	Operational Works – Retaining Wall and Stormwater
Properly Made Date	20 September 2017
Information Request Date	27 September 2017
Information Response Date	22 December 2017
Decision Due Date	20 February 2018
Report Completed Date	5 January 2018
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	34 Arakoon Cres Sunshine Beach Qld 4567
RP Description	Lot 799 RP 48111
Land Area	608 Square Metres
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached Housing
Overlays	Natural Hazards – Landslide, Acid Sulfate Soils Natural Resources – Coastal Protection Area
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works - Retaining Wall and Stormwater.
site details
Background
The works are required to address stormwater runoff from the residence on the site. Council received a complaint that the builder on the subject site had laid a stormwater line beyond the boundaries through the adjacent “pathway” and into the park. The stormwater was being discharged without any controls.
The subject application has been submitted as a result of Council taking compliance action to resolve the issues mentioned above.
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
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Engineering Works Codes
Natural Hazards Overlay Code
The subject site is located in the Eastern Beaches Locality and is zoned detached housing.
The applicant in their response to Council’s information request has amended the design to be wholly within the subject site and appears to address Council’s concerns.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
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 OPW17/0552 for Operational Works – Retaining Wall and Stormwater situated at 34 Arakoon Cres Sunshine Beach Qld 4567 and described as Lot 799 RP 48111, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW17/0552
Street address:	34 Arakoon Cres Sunshine Beach Qld 4567
Real property description:	Lot 799 RP 48111 No related Land
Planning Scheme:	The Noosa Plan (3 July 2017)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works – Retaining Wall and Stormwater
CURRENCY PERIOD of approval
The currency period for this development approval is 2 years starting the day that this development approval takes effect.
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
25395-SW1	B	Rear Retaining Wall and Stormwater Disposal prepared by SCG Consulting Engineers	15 December 2017
25395-SW2	B	Rear Retaining Wall and Stormwater Disposal prepared by SCG Consulting Engineers	15 December 2017
SITE SPECIFIC CONDITIONS
All existing drainage structures that extend beyond the property boundary must be wholly removed and the disturbed area suitably reinstated.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
All necessary approvals from external service providers (eg Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
Copies of the approved plans, duly signed by the consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer Construction at the “pre start” meeting
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council at 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;
Erosion and sediment control 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:
Traffic management (heavy parking, material deliveries, construction staff parking)
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
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.
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.
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
Road Reserve
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.
Earthworks and Retaining Walls
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development.
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 (eg 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.
Environment
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.
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).
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
the works will not have any long term effects on the stability of the subject site or any adjoining properties
A final inspection and approval of the new works and completed reinstatement works by Council’s Inspector is required. Please contact Council on 5329 6245 to arrange for the inspection.
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
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 Sustainable Planning Act 2009 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.
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 final 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.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
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 on 07 3247 6212 to discuss any obligations under the ACH Act.
property notes
Not applicable.
VARIATION approval
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