APPLICATION TO CHANGE DEVELOPMENT APPROVAL FOR OPERATIONAL WORK ENGINEERING WORK VEHICLE CROSSOVER at 6 HABITAT PLACE NOOSA HEADS (OPW15/0197.01)

APPLICATION TO CHANGE DEVELOPMENT APPROVAL FOR OPERATIONAL WORK ENGINEERING WORK  VEHICLE CROSSOVER at 6 HABITAT PLACE NOOSA HEADS (OPW15/0197.01)

Document information

Author	Mark Lewis, Coordinator Engineering
Planning & Infrastructure Department

Index	ECM/Application/OPW15/0197.01

Attachments	1 	Standard Drawing SEQ R-050
2 	Site Frontage 1 – completed works
3 	Site Frontage 2 – completed works

EXECUTIVE SUMMARY
Not applicable

RECOMMENDATION
That Council note the report by the Coordinator Engineering to the Planning & Environment Committee Meeting dated 10 May 2016 and refuse the application OPW15/0197.01 to change the vehicle crossover situated at 6 Habitat Place Noosa heads as the requested driveway formation is not in accordance with Council’s standard drawing.

REPORT
Background
The original application for Operational Works - Vehicle Crossover was received by Council on 14 October 2015. It is noted that the applicant was Suncity Homes and not the property owner. The application sought approval for 2 crossovers to the property and the construction of the crossovers with “grass cells” for those sections of the driveway located within the road reserve (between the property boundary and the road formation).
A conditional approval was issued by Council on 13 November 2015. The approval granted the 2 crossovers but included conditions (2 & 13 refer below) and annotated plans that prohibited the use of the “grass cells” for those sections of the driveway located within the road reserve (between the property boundary and the road formation).
2.	The surfacing of the proposed crossovers (ie the section of the driveway between the kerb line and the front boundary) must consist of either an approved plain/patterned concrete or hot mixed asphaltic concrete and must be generally in accordance with Standard Drawing SEQ R-050.  Grass-Cel Turf Paving is NOT an approved surfacing by Council for the crossovers within the road reserve
13.	Driveway crossovers must be constructed generally in accordance with council’s Standard Drawing SEQ R-050 *.
(*) refer to Advisory Note.
Officers considered that the 2 crossovers were acceptable in this instance due to the lengthy frontage of the site and the minimal effect on on-street parking.
Officer’s reasons for refusing the use of “grass cells” within the road reserve are:
The “grass cells” are not in accordance with Note 6 of Council’s Standard Drawing SEQ R-050 which reads: “Approved materials for construction – concrete, paving or asphalt”.
Whist it is acknowledged that the property owner is responsible for the maintenance of a residential crossover the maintenance required for the “grass cells” is significantly more than that required for a standard driveway. Any changes in surface level (most likely due to cell movement or loss of grass and/or infill material) pose a risk to the public who can freely access the road reserve.
Any failure of the crossover has the potential to adversely affect any buried third party services in the road reserve.
The crossovers were subsequently constructed with “grass cells” contrary to the conditions of the approval.
Officers met and liaised with both the applicant (Suncity Homes) and the property owner during December 2015 in order to address the issue. The property owner advised Council via email on the 22 December 2015 that they intended to appeal Council’s decision regarding the use of “grass cells” and “will deal with this in the new year”. No appeal was subsequently lodged. A “Show Cause Notice” to the property owner was issued on the 5 January 2016 for undertaking works contrary to the approval. The owner and Officers have since been in regular contact regarding a response to the notice and the subject change application was submitted and properly made on the 11 March 2016.
It is noted that:
The “grass cell” access driveways and adjoining mulching and landscaping have been completed and appear to be currently in good condition,
There is no pedestrian footpath within Habitat Place,
The verge areas in Habitat Place are vegetated in sections and pedestrian movement along the verge areas is difficult and in some sections, not possible, and
The other access driveways in Habitat Place are constructed with complying hardstand materials.
A buried water main currently crosses the frontage of the site
Officers have no concerns with the use of “grass cells” for the remainder of the driveway within the site as it will be a private asset and any associated risks will be the property owner’s responsibility. However the grass cells for the crossovers do present a trip hazard risk if not properly maintained in the future.
Previous Council Consideration
Nil
Finance & Risk
Potential liability risk associated with accident on unmaintained driveway.
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Nil

Departments/Sections Consulted:

	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property & Facilities
			Waste & Environmental Health		Revenue Services
					
	Executive Office	x	Planning & Infrastructure		
	Community Engagement		Building & Plumbing Services		
	Customer Service		Civil Operations		
	Economic Development		Infrastructure Planning & Design		
	Governance		Planning & Environment		
	Human Resources		Strategic Land Use Planning		
	Sustainability				

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	10 MAY 2016