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Delegated Report - Code - Planning OPW26 0060 (As Published)
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Senior Development Engineer, Daniel Epps
Development Assessment
APPLICATION DETAILS
Application No. OPW26/0060
Applicant Kristen Marsh
Proposal Operational Works - Vehicle Crossover
Properly Made Date 25 May 2026
Information Request Date Not Applicable
Information Response Date Not Applicable
Decision Due Date 4 August 2026
Report Reviewed & Will Lowe – 4 August 2026
Finalised By
PROPERTY DETAILS
Property Address 33 Witta Cir Noosa Heads Qld 4567
RP Description Lot 105 N 21846
Land Area 609.0000 m²
Existing Use of Land Residential
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential
Precinct Not applicable
Local Plan Area Noosa Heads
Overlays Flood Hazard, Acid Sulfate Soils
Assessment Type Code
1. PROPOSAL
The application seeks approval for Operational Works - Vehicle Crossover.
The locality and proposal plan are included below.
Document Set ID: 24867268
Version: 2, Version Date: 06/08/2026
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Page 2
Figure 1 – Locality
Figure 2 – Site Plan
2. APPLICATION BACKGROUND
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3. SITE DETAILS
3.1. Site History
The driveway crossover was constructed sometime between April – September 2015 and has
existed in its current state since.
Sometime between September 2015 and May 2016, a set of pavers were installed within the road
reserve to provide a pathway from a private gatehouse to the subject dwelling house.
It’s unclear if this application has been lodged as a result of compliance.
3.2. Site Description
The site has a frontage to Witta Circle and The Noosa River.
3.3. Surrounding Land Uses
Low Density Residential
4. ASSESSMENT
4.1. 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 (20 March 2026).
4.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Low Density Housing 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:
Driveway Crossover
The driveway crossover does not strictly comply with Council’s standard drawing RS-049 with
respect to its width and layout. The Witta Circle verge width is much narrower than the standard
drawing (~3.5m vs. 5.5m) and includes line marked on-street parking. In this instance, a wider,
non-standard driveway crossover is considered necessary to facilitate safe and efficient use.
Because this application is seeking retrospective approval, the scope of the recommended
conditions excludes any prestart deliverables.
Existing Pavers
Council does not support private footpaths, pavers, steppers, etc, in the verge. However, in this
instance, the pavers have existed for over 10 years and do not present as a trip hazard to
pedestrians. Therefore, it is recommended that an annotation is added to the approved plan that
states they are not approved but does not require their removal.
Engineering is satisfied that the application satisfies the relevant provisions of The Noosa Plan
2020 and recommends the following conditions.
5. CONSULTATION
5.1. Referral Agencies
Not Applicable
5.2. Internal Council Referrals
Not applicable
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6. 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 OPW26/0060 for Operational Works - Vehicle Crossover situated at
33 Witta Cir Noosa Heads Qld 4567 and described as Lot 105 N 21846, it is recommended the
application be approved in accordance with the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: OPW26/0060
Street address: 33 Witta Cir Noosa Heads Qld 4567
Real property description: Lot 105 N 21846
Planning Scheme: Noosa Plan 2020 (20 March 2026)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Operational Works - 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
S26-022-C02 A Civil Works Plan 23 April 2026
Prepared by Westera Partners
As Annotated by Council
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 4 August 2028, unless an application to extend the currency period
is approved by Council.
GENERAL CONDITIONS
Engineering
3. 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.
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DURING CONSTRUCTION
Engineering
4. 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
5. 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.
6. 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. all relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines; and
c. 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
7. No removal of street trees is permitted without Council’s prior written approval.
8. 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.
9. 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.
Driveways
10. Driveway crossovers must be constructed generally in accordance Council’s Standard
Drawings RS-049, RS-050 any associated addendum.
11. 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.
12. 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;
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g. any stormwater kerb outlet in close proximity to the edge of the new driveway must be
provided with an approved kerb adaptor; and
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.
13. 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
14. The constructed driveway must not cause additional ponding on the road formation or the
road reserve.
15. Any proposed surface drainage grate must be located wholly within private property.
Environment (Erosion and Sediment Control)
16. 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.
17. 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.
18. 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).
FOLLOWING CONSTRUCTION
19. 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.
20. 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.
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
7. 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 and any associated addendum.
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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.
Inspections Request
5. 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.
6. 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
7. 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
8. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
Road Reserve Permit
9. This development permit provides the applicant with written authority to undertake the
prescribed works. Any additional activities that are undertaken inside Council’s road reserve
for the purpose of acting on this development permit may require a Road Reserve Permit.
These additional activities may include, but are not limited to, hoarding, pedestrian
diversions, laneway closures, etc. To apply for a Road Reserve Permit, or for more
information, Contact Council’s Road Reserve Officer at [email protected]. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
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11. SUBMISSIONS
Not applicable.
12. 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.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
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