Decision Notice - Approved by Delegation of Authority OPW19 0097 · OPW19/0097

Officer: 	Monkeith Kadhum
Direct Telephone: 	07 53296293
Our Reference:	OPW19/0097 : JELDER
Your Reference:	20180373 RAP18/0011
1 July 2019
LSF Marsh Pty Ltd TTE
C/- Shaun Lockyer Architects
15 Masters Street
NEWSTEAD   QLD  4006

[email protected]

Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 28 June 2019, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW19/0097
Street address:	37 Witta Cir Noosa Heads Qld 4567
Real property description:	Lot 107 SP 145420
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works – Vehicle Crossover
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
Development undertaken in accordance with this permit for a second crossover 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 Description	Date
Plan No: 01	1	Site Plan, prepared by Shaun Lockyer Architects	20/04/2019
Plan No: 02	1	Crossover Plan, prepared by Shaun Lockyer Architects	20/04/2019
SITE SPECIFIC CONDITIONS
This permit for operational works relates only to the works within the road reserve that are related to the proposed crossover from Witta Circle kerb line to the property front boundary, and reinstalment works associated with the removal of the existing redundant driveway.
PRIOR TO COMMENCEMENT OF WORKS
A condition report including photographs of the frontage of the site, including kerb line and road pavement, must be completed for future reference and made available to Council at the prestart meeting.
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.
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 prestart meeting must include the relevant parties for the following aspects of the works:
Civil engineering works.
Erosion and sediment control.
A traffic management measures must be implemented and discussed with Council’s inspector at the prestart meeting and must specifically address the following:
Appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) to provide warning to drivers and road users of any safety hazard or changes to traffic conditions due to the proposed works.
Providing appropriate measures to ensure no adverse impact on traffic safety and flows in the local street/s.
Minimising impact on the availability of parking spaces in the local streets.
Fencing to the work site during the construction phase as may be necessary to ensure the safety of the public and the road users.
Provision for safe pedestrian and traffic access across the frontage of the site both during daily construction and after daily construction has ceased.
DURING CONSTRUCTION
General
The developer must repair and/or meet any costs to repair damage to any Council’s and/or public assets (on or off maintenance assets) during carrying out the works, 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 this development.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans and conditions of this permit approval.
All relevant Noosa Council Planning Scheme Policies, standard specifications, standard drawings and guidelines.
Driveways
Driveway crossover must be designed and constructed in accordance with the approved plans and generally in compliance with IPWEA Standard Drawings  R-049 and R-050, and must (*):
Have a total maximum width of 5.0m at kerb line unless approved otherwise by Council.
Have surface consists of either an approved hot mixed asphaltic concrete or plain/patterned concrete.
Have a slip resistant surface.
Match the levels of the grassed verge and provide smooth grades transition with the existing footpath surface without creating fall, trip or slip hazards.
Be constructed so as not to concentrate stormwater runoff, increase flows or cause ponding onto neighbouring properties and/or the road verge.
Have a minimum clearance of 500mm from any Unitywater/Telstra asset, unless a written approval is obtained from Unitywater/ Telstra and submitted to Council.
Be located a minimum of 1m clear of any existing power poles, streetlights and street signage.
(*) also refer to Advisory Notes of this permit
Works within Road Reserve
The existing redundant property access and driveway layback must be removed, and the kerb, footpath and verge area reinstated in a manner to match the footpath, kerb and 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.
The road grassed verge must be modified and reinstated to smoothly match the levels of the new driveway and any existing services (eg stormwater pit, sewer manhole, Telstra pit) to minimise potential of trip and fall hazard.  Any necessary adjustments to the levels of existing services, if required, must be referred to and approved by the relevant service providers with all cost be met by the applicant/owners.
Any existing kerb & channel and/or concrete footpath sections requiring removal due to the new works must be saw-cut and removed to allow for a smooth and neat finish with the new works.
A street tree must be established in eastern portion of the road frontage of the property and be either 45 L min pot size Cupaniopsis anacardioides (Coastal Tuckeroo), Elaeocarpus reticulatus (Blueberry ash) or other local native species as agreed to in writing by Council’s delegate.
The establishment of the tree must be in accordance with Standard Drawing https://www.noosa.qld.gov.au/documents/40217326/bbb2508a-584f-4cf3-965c-f28c6fd7e56f and maintained in good health for a minimum period of 12 months.
Any landscaping works along the frontage grassed verge must allow for safe and unobstructed passage of pedestrians along this side of the road.
Any conduits for electrical power or other services and connections (eg stormwater pipeline) proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
To minimise potential of trip and fall hazard, the road grassed verge must be reinstated to smoothly match the levels of the new driveway and any existing services (eg stormwater pit, sewer manhole, Telstra pit).  Any necessary adjustments to the levels of existing services, if required, must be referred to and approved by the relevant service providers with all cost be met by the developer/owners.
Note: In order to mitigate the potential of public liabilities due to trip and similar hazards, Council does not permit any unauthorized works within the road reserve such as steps, sleeper steppers, hazardous landscaping and the like.
Pavement Design and Construction
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 and should be generally certified by an RPEQ.
Stormwater Drainage
Any proposed surface stormwater grated channel or pit must be located wholly within private property
Any stormwater kerb outlet in a close proximity to the edge of the new driveway must be provided with an approved durable kerb adaptor. No kerb inlet be located within the width (eg the layback section) of the driveway.
The proposed driveway and associated works must be provided with adequate stormwater drainage and must not adversely impact on the existing drainage conditions on other properties.
Erosion and Sediment Control
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.
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.
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, particular attention must be given to prevent sediment from entering into Council’s street stormwater drainage system. 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
Certification and Final Inspection
A final inspection and approval of the new driveway 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:
Driveway Design and Construction
As this driveway is a private structure, the owner/developer 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 the applicable engineering standards.
The driveway should be designed and constructed to grades generally in compliance with the applicable standard drawings and ensure that standard passenger vehicle enters and leaves the site without scraping, the driveway surface or road pavement, or bottoming down. A professionally prepared engineering design for the full length of the driveway is recommended.
General Advisory Notes
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.
Prestart 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.
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.
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
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.

Yours faithfully,

Monkeith Kadhum
Development Engineer

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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