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Delegated Report - Code - Planning OPW26 0094 (As Published) · OPW26/0094
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Development Engineer, Murray Nagle
Development Assessment
APPLICATION DETAILS
Application No. OPW26/0094
Applicant DD Sunnyside Pty Ltd
CD Sunnyside P/L TTE
Proposal Operational Works - Earthworks
Properly Made Date 8 July 2026
Information Request Date Not Applicable
Information Response Date Not Applicable
Decision Due Date 9 September 2026
Report Reviewed & Daniel Epps, Senior Development Engineer
Finalised By
PROPERTY DETAILS
Property Address 30 Mossman Ct Noosa Heads Qld 4567
RP Description Lot 149 N 21859
Land Area 610.0000 m²
Existing Use of Land Residential
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential
Precinct Not applicable
Local Plan Area Noosa Heads Local Plan
Overlays Acid Sulfate Soils, Flood Hazard
Assessment Type Code
1. PROPOSAL
The application seeks approval for Operational Works - Earthworks.
The locality and proposal plan are included below.
Document Set ID: 25154969
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Page 2
Figure 1 – Locality
Figure 2 – Site Plan
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2. SITE DETAILS
2.1. Background
Council previously issued a Development Permit for Operational Works – Earthworks over the site.
The Development Permit has not been acted on and has since lapsed its currency period (23
February 2026).
2.2. Site Description
The site is located at the head of Mossman Court cul-de-sac.
2.3. Surrounding Land Uses
Low Density Residential
3. ASSESSMENT
3.1. 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 (20 March 2026).
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Earthworks Code;
• Water Quality and Drainage Code;
The application has been found to generally comply with all applicable statutory instruments.
The application is generally consistent to the material provided as part of the lapsed Development
Permit for Operational Works – Earthworks (OPW23/0189).
Engineering is satisfied that the proposal satisfies the relevant provisions of The Noosa Plan 2020
and recommends the following conditions.
4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Internal Council Referrals
Not applicable
5. 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 OPW26/0094 for Operational Works - Earthworks situated at 30
Mossman Ct Noosa Heads Qld 4567 and described as Lot 149 N 21859, it is recommended the
application be approved in accordance with the following details for the Decision Notice:
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1. APPLICATION DETAILS
Application No: OPW26/0094
Street address: 30 Mossman Ct Noosa Heads Qld 4567
Real property description: Lot 149 N 21859
Planning Scheme: Noosa Plan 2020 (20 March 2026)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Operational Works - Earthworks
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
APPROVED PLANS
1. 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
OW3.1 . Earthworks Plan October 2023
Prepared by SCG Consulting
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 9 September 2028, unless an application to extend the currency
period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
3. All necessary approvals from external service providers (e.g., Unitywater) and external
parties on which the development works are proposed have been obtained and a copy
supplied to Council.
4. Any changes to the details associated with the supervising RPEQ or Principal Contractor
during construction, must be notified to council in writing within five business days of the
change occurring.
5. 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.
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DURING CONSTRUCTION
Engineering
6. 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.
7. 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 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.
8. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice;
b. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines; and
c. 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
9. Safe pedestrian and vehicle 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.
10. 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.
11. Electrical conduits or other services 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.
Earthworks and Retaining Walls
12. All earthworks and associated retaining structures/batters, both above and below ground
level, both temporary and permanent, must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council.
13. All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development.
14. All excavation and dewatering works must be undertaken in accordance with the
recommendations provided by ADG Consulting’s Dewatering Management Plan
(ADG1580.23, Rev. 0) dated 28 September 2023 and in a manner that will not cause
environmental harm or damage to surrounding infrastructure or property as a result of the
developments interaction with actual or potential Acid Sulphate Soils or groundwater.
15. All excavated material must be treated for Acid Sulfate Soils generally in accordance with
the recommendations provided by Pacific Geotechnical’s Acid Sulfate Soil Investigation
Report (PG-10899, Ver. 3) dated 28 November 2023.
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Treated material must undergo verification testing at the rate of one sample per 250m3
throughout the duration of the excavation phase of the development. The verification testing
must be undertaken by a qualified person in accordance with the Queensland Acid Sulfate
Soil Technical Manual: Soil Management Guidelines v4.0, and the results must be submitted
to Council for appraisal when requested during construction and prior to commencement of
use and must demonstrate that the material has been adequately neutralised.
Certification of the verification results for compliance with this condition must be provided by
a suitably qualified Geotechnical Engineer prior to the issuing of the certificate of
classification for the dwelling.
16. Fall protection must be provided to retaining walls that are over 1m high.
17. Slope and batters are a maximum grade of:
a. 1 in 6 where in proximity to waterbodies;
b. 1 in 4 for grassed areas;
c. 1 in 3 for planted areas; and
d. 1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
18. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
19. 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).
20. 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
21. Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
Regulation 2019) 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.
22. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system, natural waterways, any downstream stormwater filtration
system or adversely impacting on other properties. The sediment and erosion control design
and measures have NOT been approved, it is the site's Supervising Engineer who is
responsible for ensuring that the sediment and erosion control measures have:
a. been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods;
b. been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods;
c. been revised to address predicted rainfall events; and
d. achieve the desired environmental outcomes.
Council may request further controls to be installed should thew implementation measures
be found inefficient.
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23. The erosion and sediment control measures must be designed, installed and maintained in
accordance with the supervising engineer instructions and the current best practice
standards * (Refer to Advisory Note).
24. The developer must ensure sediment does not leave the site or enter onto adjoining
properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or
machinery. It is essential to implement appropriate approved erosion and sediment control
measures throughout the site during all phases of construction including vehicle shakedown
pad/grid (or similar) at the access to the construction site. Where sediments or other
contaminants are deposited on a road, they must be removed so as not to enter Council’s
drainage system or waterways.
25. Prior to the completion of the development and commencement of use, 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. 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
Damage to Services and Assets
26. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon 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.
FOLLOWING CONSTRUCTION
Certification
27. 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.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
PG-10899 3 ACID SULFATE SOIL REPORT November
2023
Prepared by Pacific Geotech
ADG1580.23 0 Dewatering Management Plan 28 September
Prepared by ADG Consulting 2023
6. REFERRAL AGENCIES
Not applicable.
7. 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
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1. 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.
2. 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.
3. 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
4. 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
5. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
6. 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).
7. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
a. 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
b. 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.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
11. SUBMISSIONS
Not applicable.
12. 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.
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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.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
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