Delegated Report OPW16/0021.01

DELEGATED REPORT
PLANNING

REQUEST TO CHANGE DEVELOPMENT APPROVAL

Application No:	OPW16/0021.01
	
Author:	Mark Lewis -
	
Project Director:	Mark Lewis - Coordinator Engineering
	

SUMMARY:

APPLICATION DETAILS
Application Number:	OPW16/0021.01  OPW16/0021
Applicant:	Universal Property Company Establishment
Request Received Date:	18 August 2016
Original Approval Type:	Development Permit for Operational Work:- Earthworks, Stormwater and Landscaping
Number of Submissions for Original Application:	Not applicable

PROPERTY DETAILS
Division:	
Property Address:	71 Seaview Tce SUNSHINE BEACH  QLD  4567
RP Description:	Lot 1 RP 197117
Land Area:	No Land Area details available
Existing Use of Land:	Vacant

STATUTORY DETAILS
SEQRP Designation:	
Planning Scheme:	The Noosa Plan (16 September 2013)
Strategic Plan Designation:	
Planning Locality:	No planning area defined
Planning Zone:	
Assessment Type:	Change to Approval

PROPOSAL:

The application seeks to change the current approval to permit the use of an alternative piling design.
[Note: state the specific IDAS components of the application (eg. a Development Permit for Material Change of Use (Office)).

BACKGROUND:

A Development Permit for Operational Work:- Earthworks, Stormwater and Landscaping was issued on 12 July 2016. The application was associated with the construction of a new residence on the site. Amongst a number of elements the permit approved a site specific piling design for the foundation system of the proposed residence.

Note: Provide discussion of known background information leading to the lodgement of the current application (if any), and any site history of general interest and context to the application

STATUTORY PROCESS:

The applicant has requested to make a change to a development approval under s369 of the Sustainable Planning Act 2009.  A request to change a development approval under s369 can only be made in circumstances where that change would constitute a ‘permissible change’.

The proposed change to the development approval requested by the applicant is determined to constitute a permissible change on grounds that:
The change would not result in a substantially different development because Note: provide reasons
The change would not require the application to be referred to additional concurrence agencies;
The original application was code assessable and the change would not cause the application to become impact assessable.

On this basis, the applicant has followed lawful process in making a request under s369 of the Act.

ASSESSMENT:

The applicant has requested that Council approve an alternate piling design so that the developer can determine the most suitable system for the development. It is understood that this determination will include design, costs and availability of machinery and operators.

The approved piling design for the development is for a series of piles located wholly within the site. The design initially submitted with the change application included elements (raking piles) extending into the adjoining properties. Council advised the applicant that it would not accept any design that extended into adjoining properties unless written authority from the adjoining property owners was provided.

An email from the applicant’s consultant engineer received by Council on 28 September 2016 included:
a letter explaining the revised design. “This alternative will not include raking tension piles extending into the adjacent properties situated off McAnally Drive to the west of the proposed driveway”, and
advice that “The contractor Hutchinson Builders has ceased negotiating with the adjacent owners in McAnally Drive as no agreement was able to be reached.”, and
Copies of a further revised piling design

The revised piling system has been designed by an RPEQ and is in principle the same as that originally approved ie: a series of piles located wholly within the site.

It is considered that ensuring protection of the adjoining properties is suitably addressed by Conditions 13 and 18 of the subject application and Condition 22 of the associated Material Change of Use MCU14/0084.

RECOMMENDATION

APPROVE the request to change a development approval, Application No. OPW16/0021.01, situated at 71 Seaview Tce SUNSHINE BEACH  QLD  4567 , in accordance with the following details for the Decision Notice.

In relation to the request to make a change to the existing approval, Council decided to:

Note: delete the items which are not applicable

A.	Agree to the change the approval

B.	Include the following additional Condition 51 Note: insert condition numbers

As an alternative to the earthworks and retaining structures indicated on the approved plans table in Condition 1 the development may be undertaken in accordance with the works indicated on drawings number 10890-P100A Rev A dated 9 August 2016, 10890-P101B Rev B dated 26 September 2016, 10890-P201C Rev C dated 26 September 2016 and 10890-P202C Rev C dated 26 September 2016 all as prepared by PCA Ground Engineering.

Note: Provide a list of all amended conditions and approved plans as they would appear on the new Decision Notice (ie. with no track changes displayed)

REPORT COVER SHEET
PLANNING

APPLICATION NO:	OPW16/0021.01 OPW16/0021
	
AUTHOR:	Mark Lewis
	
PROJECT DIRECTOR:	Mark Lewis
	

TO BE COMPLETED BY PROJECT MANAGER / REPORT AUTHOR:

Is the application required to be decided by the Iconic Panel?:	Yes     /     No
Is referral required to the Councillor Delegated Sign Off Mailbox?:	Yes     /     No
Has a site inspection been undertaken?:	Yes     /     No
Has Infrastructure Policy Branch been notified and a request for an Infrastructure Contributions calculation been made?:	Yes     /     No

Material to give to the Project Director

□	A copy of any previous edited version of the report
□	Plans and documents recommended to become Approved Plans and Documents
□	Location plan / aerial photographs at appropriate scales
□	Copy of all specialist advice and/or memos (or alternatively tagged in the file)
□	Site photos (where obtained)
□	Copy of all referral agency responses (or alternatively summarised in the body of the report)
□	Copies of all adjoining approvals and past approvals for the site as may be relevant

PLANNING OFFICER	MANAGER

Signature:	Signature:
	
Position:   Coordinator Engineering	Position:
	
Date: 29/9/2016	Date:

TO BE COMPLETED BY PROJECT DIRECTOR:
(Note: to be signed after the Councillor Delegated Sign Off referral process is completed (where applicable))

I exercise delegation in accordance with the delegations adopted by Council on <:

Signature:	Date:
	
	

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