Delegated Report - Code - Planning OPW20 0037

Author	Monkeith Kadhum
Development Assessment

APPLICATION DETAILS
Application No.	OPW20/0037
Applicant	Andrew Peter Jensen
Proposal	Operational Works - Clearing Vegetation under planning scheme, Drainage Works, Roadworks, Stormwater
Properly Made Date	3 March 2020
Information Request Date	31 March 2020
Information Response Date	1 April 2020
Decision Due Date	11 May 2020
Report Completed Date	05 May 2020
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	31 Flooded Gum Pl Black Mountain Qld 4563
RP Description	Lot 14 SP 161828
Land Area	16200m²
PROPOSAL
The application seeks approval for Operational Works - Clearing Vegetation under planning scheme, Stormwater Drainage Works, Roadworks,
site details
Background
The application was submitted following a substantial earthworks was carried out on the site to have access road and for a building pad located near the southern part of the site.
Site Description

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
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 OPW20/0037 for Operational Works - Clearing Vegetation under planning scheme, Stormwater Drainage Works, Roadworks, situated at 31 Flooded Gum Pl Black Mountain Qld 4563 and described as Lot 14 SP 161828, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW20/0037
Street address:	31 Flooded Gum Pl Black Mountain Qld 4563
Real property description:	Lot 14 SP 161828
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Clearing Vegetation under planning scheme, Earthworks, Stormwater Drainage Works, Roadworks.
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
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
20506 – C01	B	Cover Sheet, Prepared by TOD Consulting Engineers	01/04/2020
20506 – C02	A	General Notes, Prepared by TOD Consulting Engineers	03/03/2020
20506 – C03	A	Earthworks Layout, Prepared by TOD Consulting Engineers	03/03/2020
20506 – C04	A	Earthworks Layout, Prepared by TOD Consulting Engineers	03/03/2020
20506 – C05	B	Roadworks and Stormwater Layout Plan, Prepared by TOD Consulting Engineers	01/04/2020
20506 – C06	A	Longitudinal Section Driveway, Prepared by TOD Consulting Engineers	03/03/2020
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 05 May 2022 unless an application to extend the currency period is approved by Council.
ENGINEERING CONDITIONS
General
The principal contractor/owner must have all the appropriate insurance to cover the proposed 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.
The developer must meet any costs to repair damage to any public and/or 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 this Operational Works permit.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans and related 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.
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, with geotechnical testing undertaken in accordance with the Standard. Test results as required by AS 3798, and a certificate of quality and uniformity of fill and its compaction shall be provided by a RPEQ and submitted to Council prior to the final inspection.
Fall protection, permanent and/or temporary, must be provided to retaining walls that are over 1m high and considered to pose fall risk and injury.
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.
Driveway and Pavement Design
Driveway to the site must be provided generally in accordance with approved plans and must comply with the following:
Driveway crossover must be constructed generally in accordance with council’s Standard Drawings SEQ R-049 and SEQ R-050.
The driveway surfacing and pavement in compliance with approved plans.
The driveway must be in accordance with the requirements of AS2890.1 Off-Street Car Parking for longitudinal and crossfall gradients.
The driveway must be constructed so as to not concentrate stormwater runoff that cause erosion and sediment transport.
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.
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveway will remain the responsibility of the property owner/developer and must be certified by RPEQ.
Erosion & Sediment Control
All reasonable measures must be implemented to prevent the potential of sediment export from the site into existing stormwater systems and/or waterways. The measures must be provided to achieve the acceptable targets and should include silt settlement tank and/or silt separator.
E&SC measures, including silt settlement tank and/or silt separator, must be  installed and maintained to ensure any waters discharged from the site up to and including a  85%ile 5 day rain event (or 46mm rainfall event)  contain less than 50mg Total Suspended Solids per litre. All relevant measures detailed in the International Erosion and Sediment Control Book 2008 or Sunshine Coast Manual for Erosion and Sediment Control must be installed to minimise the amount of sediment leaving the site in rainfall events that exceed 85%ile 5 day or 46mm.
Peak 1-year ARI event discharge from the construction phase of development must be equivalent to the pre-development peak 1-year ARI event discharge. Measures included in calculations to achieve management of peak flows must be incorporated into the development in a manner that is consistent with the Noosa Plan, all conditions of the approval and does not interfere with adjoining properties.
Prior to the completion of the development, all site surfaces must be effectively stabilised. 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.
(Also refer to advisory notes)
Vegetation Planting
A minimum of 4 x native local tree species must be established and maintained on the lot, outside the Building Envelope.
The tree species must include Eucalyptus grandis, Flindersia schottianna, Flindersia australe and /or Eucalyptus teretricornis in a minimum pot size of 75mm (native tubesock).
All landscape works must be established and maintained in accordance with the conditions of approval for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
Certification and Final Inspection
The design of footings for any buildings and significant structures (eg large shed, swimming pool) must prepared and certified by a suitably qualified RPEQ, and must take into consideration the findings and the recommendations of the report titled Slope Stability Assessment, prepared by tectonic Geotechnical & Environmental Engineers Project No: 20013-001-Rev0 dated 04 February 2020.
A certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit and the applicable standards.
A final inspection and approval of the completed works and 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.
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.
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 plan sealing 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.
If at the time of request for plan sealing, the method of short-term stabilisation has not achieved a level of stability that Council's Officers believe will have a high probability of achieving long term stability (i.e. until house construction has occurred on all lots), Council Officers may take the following matters into consideration in determining whether the site is capable of achieving medium to long-term stability:
evidence that the site has been effectively stabilised in the short term;
evidence that soil has been adequately ameliorated;
evidence that seed of annual and perennial grass species has been applied at an adequate rate; and
that grass seed has germinated at a density that is likely to achieve an effective grass cover.
For example, while hydromulch can provide an immediate and effective stabilising cover to soils, the protective cover can be relatively short-lived if vegetation fails to establish before the thin layer of mulch decomposes. So if hydromulch is selected as the method of temporary short term stabilisation, Council Officers will seek to confirm that perennial as well as annual grasses are well established at the time of plan sealing to reduce the risk of instability of the site in the medium to long term. As a general rule, hydromulch will only be accepted as a “patch” fix and should comprise no more than 20% of the exposed site area due to the high risk of failure. Due to the requirement to progressively stabilise exposed areas, it is not envisioned that this will present any difficulties for an appropriately managed and compliant site
Reference documents
Document No.	Rev.	Document Name	Date
Project No:20013-001	Rev0	Slope Stability Assessment, tectonic Geotechnical & Environmental Engineers	4 February 2020
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.

[word/footer1.xml]
Page 2 of 7

[word/header1.xml]
3

[word/header2.xml]
DEVELOPMENT ASSESSMENT DELEGATED REPORT