SUPERSEDED Delegated Report - Code - Planning OPW21 0074

Author	Development Engineer, Laurie Schreck
Development Assessment

APPLICATION DETAILS
Application No.	OPW21/0074
Applicant	B & L Fawcett Holdings Pty Ltd TTE
Proposal	Operational Works - Stormwater
Properly Made Date	12 March 2021
Information Request Date	24 March 2021
Information Response Date	28 June 2021
Decision Due Date	18 August 2021
Report Completed Date	30 June 2021
Report Reviewed By	Mark Lewis

PROPERTY DETAILS
Property Address	87 Eumundi Noosa Rd Noosaville Qld 4566
RP Description	Lot 79 RP 71151
Land Area	1285.0000 m²
Existing Use of Land	Kindergarten

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Community Facilities
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Land Subject to Acid Sulfate Soils -Above 5m to 20m AHD
Assessment Type	Code
PROPOSAL
The application seeks approval for an Operational Works - Stormwater.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Works Plan
site details
Background
This Operational Works application has been submitted following a Show Cause Notice issued to the property owner. The development which was approved in 1982 had a condition requiring stormwater from rooves and hardstand areas to be piped into Councils stormwater network. This condition was not fulfilled resulting in the applicant to submit this Operational Works to fulfil the condition.
Site Description
The overland flow path of the property currently drains to the north-eastern corner of the property. At this location there is nowhere for the water to flow so it ponds and slowly infiltrates and trickles into the rear property.
The proposed works include the installation of a field inlet at the low point of the property (the north-eastern corner) and pipe it to the closest pit located on the southern side of Headland Drive adjacent the property. This will allow the water to drain into Councils stormwater network without directing flow onto the neighbouring property.
The proposed alignment of the pipe coincides with a tree and the root zones of other trees all located in the road reserve against the fence line. An arborist report has been submitted that addresses the impacts on the effected trees. The advice from the report is to remove one of the trees and to have a Project Arborist onsite to monitor the impact on the remaining trees.
Due to the works in this approval resulting from a Show Cause Notice, an additional timeframe has been placed on the works to have them completed within three months of the Decision Notice being issued. The standard currency period of 2 years still remains for this approval however if the applicant fails to complete the works within three months Council may resort back to the Show Cause Notice for enforcement as to why the works have not commenced or been completed.
Surrounding Land Uses

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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Water Quality and Drainage Code.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
The arborist report was reviewed by the Development Assessment Compliance Officer in lieu of the Environmental Officer (with this role being vacant).
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 OPW21/0074 for an Operational Works - Stormwater situated at 87 Eumundi Noosa Rd Noosaville Qld 4566 and described as Lot 79 RP 71151, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW21/0074
Street address:	87 Eumundi Noosa Rd Noosaville Qld 4566
Real property description:	Lot 79 RP 71151
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Approval for Operational Works - Stormwater
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
As this application stems from a compliance action, the works included in this Operational Works approval must be completed within three (3) months of the Decision Notice being issued.
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
202793-C000	B	Cover Sheet – 87 Eumundi Noosa Road, Noosaville (as prepared by Covey Associates)	12 March 2021
202793-C001	C	Site Plan – 87 Eumundi Noosa Road, Noosaville (as prepared by Covey Associates)	24 June 2021
202793-C100	C	Details Plan – 87 Eumundi Noosa Road, Noosaville (as prepared by Covey Associates)	24 June 2021
21_06_18_AR_87 Eumundi Noosa Rd	N/A	Arborist Report (as prepared by Consult Arborist)	18 June 2021
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 16 July 2023, unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITIONS
The works must be undertaken in accordance with the recommendations in the approved Arborist Report (as prepared by Consult Arborist).
Any disturbance to existing kerb, pavement, garden bed or any other Council asset during the works must be reinstated to current standards.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
A condition report of the drainage system must be completed for agreement at the prestart meeting. The condition report is to include a CCTV inspection of the existing pipe and must include approximately 8m downstream of the connection pit to the next pit.
A condition report including photographs of the frontage of the site where the works are to be undertaken must be completed and submitted to Council at the prestart meeting / prior to any works commencing. The report should also include photos of the fence condition to adjoining properties.
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 6500. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works; and
Vegetation clearing works.
A Traffic Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction;
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased; and
Proposed fencing to the site during the construction phase of the works.
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.
Clearing of Vegetation
Prior to felling or pruning, all trees are to be inspected for wildlife (i.e. koalas, possums, birds’ nests etc.). If wildlife is present, the tree must not be felled or pruned until the wildlife has left the tree or has been removed by a qualified person*.
*(Refer to Advisory Note)
Vegetation removal or pruning must be undertaken in a manner that avoids damaging surrounding vegetation and habitat.
All approved cleared vegetation must be disposed of lawfully.
Vegetation removal, felling and lopping must result in the area being stabilised against erosion and turfed.
Any remaining stumps from tree removal must be ground to below surface level.
Bonds
A site control and/or compliance bond of $5000 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.
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.
Bonds must:
Meet the requirements of council’s relevant Planning Scheme Policy for performance and uncompleted works;
Include GST;
Have approval of the bond calculations and amount from Council prior to lodgement;
Be lodged with Council and accompanied by the Bond Administration Fee/s; and
Be requested for release by writing to Council, when relevant approval requirements have been met.
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.
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.
All civil 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. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
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; and
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 Reserve/Reinstatement
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.
All frontage 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.
Stormwater Drainage
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (e.g. 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.
Prior to the completion of the development, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium- to long-term (refer to E&SC Advisory Notes). For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
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. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards (refer to advisory notes).
Clearing of Vegetation
All clearing and vegetation protection works must be undertaken in accordance with the recommendations of the approved Arborist Report and must be supervised by a Project Arborist.
FOLLOWING CONSTRUCTION / PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY
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.
As Constructed Plans and ADAC XML Files (Council)
Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory “As-Constructed” records must be submitted to Council. The bundle of “As Constructed” information shall include:
As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed) prepared in accordance with industry standards and recorded in “MGA - UTM56 / GDA94” projection.
Please Note: Further information and advice relating to the as-constructed drawing presentation, as-constructed survey capture and associated guidelines for preparation of a compliant ADAC XML digital file are available on the webpage titled “As-Constructed Guidelines” and accessible at the Noosa Council Website: Planning & Development / Development Tools & Guidelines / As-Constructed Guidelines.
The “As-Constructed” drawings will require certification by a:
Qualified experienced Civil Engineer (RPEQ) confirming design intent and conformance with applicable standards and specifications, along with the relevant descriptions of assets, services and structures and;
Licensed Surveyor in regard to the cadastral and locational information, levels and applicable survey datum.
The data must be in accordance with Council’s “Planning Scheme Policy 6 – Engineering Design Standards”, and fully detail the levels for all engineering works including but not limited to the drainage network and structures, finished ground and pavement surface levels.
On Maintenance
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to plan sealing. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
Certification that all works have been undertaken and completed in accordance with the requirements of this Permit;
As Constructed details in accordance with Council’s Planning Scheme Policy; and
Maintenance and operational manuals for all proprietary or site specific devices.
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection.
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
A Council inspection reveals works do not comply with approval requirements; or
Submitted certification falsely states works comply with approval requirements.
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 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
A qualified person, for the purpose of:
Undertaking Fauna site works is considered to be a Fauna Spotter Catcher with current certification under the Queensland Parks and Wildlife Service.
Prestart, On and Off Maintenance Inspections Request
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.
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.
A minimum maintenance period of 12 months will apply to all municipal works and thereafter until such time as the works are performing in accordance with the approved design unless noted otherwise
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 International Erosion Control Association Australasia Best Practice Erosion and Sediment Control
Qualified Person, for the purpose of erosion and sediment control is a Certified Professional in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional Engineer of Queensland (RPEQ).
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.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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