Attachment 2 - Goodchap Street Operational Works · 132007.12.8

Page 2

 

2009/538

 

10.

11.

412.

The plan should detail the routing of trucks to and from the site.

Provision of onsite parking for personnel working on this development, as there is limited
parking available in adjacent streets.

d. Provision of safe cycle and pedestrian movements in the vicinity of the development.

e. No queuing of trucks is permitted on residential. streets, especially prior to 7.00am.
Further parked trucks must have engines turned off.

f. Provision of signage and traffic controllers in accordance with Manual of Uniform Traffic
Control Devices and the Transport Infrastructure (Roads) Act.

The total required pavement thickness shall be based on the Department of Main Roads’
Pavement Design Manual using soaked CBR tests of the subgrade.

The new driveway crossovers shall be constructed in accordance with Council's Standard
Drawing SEQ R-050 Rev A (Residential Driveway).

Suitable root barriers shall be installed (where applicable) where trees are adjacent to paths, .
pavement, etc; in accordance with Council’s Planning Scheme Policy PSP03 Landscaping
Plants and Guidelines.

Suitable sediment control devices shall be temporarily installed into the first existing external
downstream stormwater structure.

These devices are to be checked and cleaned on a regular basis and specifically after each
rain event.

These devices are to remain in place during the civil works and construction phases of the
project.

The location and type of device to be installed shall be established at the "pre start” meeting :
with Council’s Construction Technical Officer and shall be installed prior to the
commencement of any works.

A site contro! 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
Technical Officer has confirmation that Council has received the bond monies.

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.

Council’s Construction Technical Officer (phone 0439 717 952) shall be given seven (7)
days’ notice of intention to commence works to arrange a “pre start” meeting prior to
the commencement of those works.

The principal contractor must have all the appropriate insurance and public liability
documentation to carry out the works. The principal contractor is also responsible to ensure
that any subcontractors also have the appropriate insurance and public liability documentation.

Prior to the “pre start” meeting, the principal contractor must be provided with a copy
of Council's signed approved drawings and conditions by the applicant.

The Consulting Engineers for the project shall be currently Registered Professional Engineers
of Queensland (RPEQ). The Consulting Engineers are responsible for arranging all
inspections with Council's Construction Technical Officer or nominated staff. Council's
Construction Technical Officer shall provide an inspection form for signing-off by the Engineer
at appropriate stages of construction during on-site meetings. The Construction Technical
Officer will also sign the form at each stage when requested conditions have been satisfied.
The works will be accepted “On Maintenance” after this form has been signed by the
Construction Technical Officer for each stage, and a letter from the Engineer has been
received by Council requesting that the works go “On Maintenance”.

Page 2 of 7

Page 3

 

20091538

 

13.

414.
15.

16.
17.

18.

19,

20.

21.

22.

Prior to works commencing, Council is to be advised of the Engineer (RPEQ) supervising the
project. (This person will be the contact for the project).

Council standards shall apply to these works unless otherwise modified herein. ,

The person acting on this permit shall ensure that its consultants and contractors take all
reasonable care during the construction of the engineering works to ensure that Council
property, road pavements or facilities (such as underground drainage, water supply,
sewerage, footpaths, kerbing, landscaping, street. furniture, etc.) are protected against any
damage or interference whatsoever.

If any Council property or facilities should be damaged by the Applicant or any of its
Consultants or Contractors through any cause whatsoever in the course of, directly or
indirectly, carrying out the engineering works, the Applicant and/or its Contractors shall
forthwith notify Council's CEO and shall forthwith rectify the damage to that property or facility
at its cost and to the satisfaction of Council's CEO.

All rectification works are to be completed prior to the commencement of the use or,
alternatively, the Applicant may request Council to carry out the rectification work at the
Applicant's cost, such cost being paid by the Applicant to Council prior to the commencement
of the use.

In the case of any emergency, Council shall be entitled to rectify such damage at the cost of
the Applicant, such cost being paid prior to the commencement of the use.

The development of the site shall be carried out in such a manner as to prevent dust and/or
sand nuisance to residents and/or tenants in the vicinity of the development.

All signage, including that for safety during construction, shall be in accordance with the
Manual of Uniform Traffic Control Devices and Transport Infrastructure (Roads) Act.

Safe pedestrian access along Goodchap Street in the vicinity of the development shall be
maintained at all times. If footpath / road closures are necessary to carry out construction
works, Council’s Construction Technical Officer (phone 0410 512 505) must be notified prior to
the proposed closure. a

Prior to acceptance of civil works to become Council assets "On Maintenance”, the lodgement
of satisfactory “As Constructed” records shall be submitted to Council.

As Constructed drawings. and data shall be certified by a qualified experienced Civil Engineer
(RPEQ) for design intent, and a Licensed Surveyor shall certify the cadastre and the location,
level and type of all services and structures. This information shall be submitted to Council for
checking and for Council's records.

The data must fully detail levels for all engineering works including, but not limited to, finished
ground levels and pavement surface levels. The data shall be submitted in the Asset Design
and As ‘Constructed (ADAC) digital format. Guidelines on the use of ADAC are available at
www.adac.com.au and Council's “Noosa Planning Scheme Policy 5 —.Engineering Design
Standards — Roads, Drainage and Earthworks”.

Approval of works shall not be granted until all As Constructed information has been supplied
and accepted by Council.

A 5% cost of works to become Council assets or $1,500 bond (whichever is the greater) will
be imposed on construction works during the maintenance period, which is a minimum period
of 12 months duration. Such bond must be lodged by, and shall only be accepted from the
Developer for the works.

These works are also to be in compliance with the relevant conditions of Development Permit
No.2008/1117 and 2008/2051, both decided 17 February 2009.

Notwithstanding that Council has checked the plans with due care, where it is found during
construction that variations from Council's standards exist, then Council standards shall apply.

Page 3 of 7

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2009/538

 

 
      

 

Not applicable.

BS
i

Ls

The approved plans for this development approval, by Tod Consulting Engineers, are listed in the
following table :

 

=|

 

 

| Plan No. “Rev. | Plan Name < ee = as "| Date |
06679-P10 ; Es ; | Plan & Details, Alternative Access Improvement 7104/2010 |
| 06679-P11 | 7104/2010 |
\ |

A Indented Bus Stop Plan & Details

  
 

      
 

   

 

The following Advisory Notes are for information purposes only and do not form conditions of
approval:

23. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a “Request to change an existing approval” (Form 2 Development
Application) under the Integrated Planning Act 1997 must be made. Amended plans clearly
indicating the changes must be lodged with this application along with the appropriate fees.

 

24. Council has undertaken an audit check of the above Operational Works drawings in relation to
the proposed works. A detailed check of 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.

Aboriginal Cultural Heritage Act 2003

There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).

The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. \t is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act
can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural
heritage or the cultural heritage value of Aboriginal cultural heritage.

You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

oo carr esse 7
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Not applicable.

 

 

   
 

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als

The developer must comply with the following codes for self-assessab!
development approved under this Decision Notice:

      

le development related to the

 

” Page 4 of 7

Page 5

 

 

2009/538

 

 

 

Not applicable.

 

    
 
 

13” REASONS / GROUNDS'Fo
Not applicable.
ae RIGHTS

 

 

Integrated Planning Act 1997 is attached. :

During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).

[5° OTHER DETAILS:
Should you wish to obtain more information about Council's decision electronic copies are available
on line at www.sunshinecoast.qid.gov.au, or at Council Offices.

Yours faithfully

 

  

       

 

 

SENIOR ENGINEERING OFFICER — CIVIL ENGINEERING
~: OPERATIONAL WORKS ASSESSMENT

S Page 5 of 7

Page 6

 

2009/538

 

 

 

Regional Council

ISu nshing Coast | “Appeal Rights

| INTEGRATED PLANNING ACT 1997 & 1998 REGULATION |

 

  

  
 

[The follo
| Planning Act chapter. 4).

 

Division 8 - .Appeals to court “relating to

development applications
Appeals by applicants

4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following-

(a) the refusal, or the refusal in part, of a development
application;

(b) a matter stated in a development approval,
including any condition applying to the
development, and the identification of a code
under section 3.1.6;'

(c) the decision to give a preliminary approval when a
development permit was applied for;

(d) the length of a relevant period;

(e) a deemed refusal.

(2) An appeal under subsection (1)(a) to (d) must
be started within 20 business days (the “applicant's
appeal period”) after the day the decjsion notice or
negotiated decision notice is given to the applicant.

(3) An appeal under subsection (1)(e) may be
started at any time after the last day a decision on the
matter should have been made.

Appeals by submitters

4.4.28.(1) A submitter for a development application
may appeal to the court about-

(a) the giving ofa development approval, including
any conditions (or lack of conditions) or other
provisions of the approval; or

(b) the length of a relevant period for the approval.

(2) The appeal must be started within 20 business
days (the “submitters appeal period”) after the day
the decision notice or negotiated decision notice is
given to the submitter.

(3) If a person withdraws a submission before the
application is decided, the person may not appeal the
decision.

(4) If an application involves both impact
assessment and code assessment, appeal rights for
submitters are available only for the part of the
‘application involving impact assessment.

(8) If an application is processed under section
6.1.28(2), appeal rights for submitters for the
application are available only for the aspects of the
development that would have required public
notification under the repealed Act.

* Section 3.1.6 (Preliminary approval may override
local planning instrument)

 

».(8).1f an application involves geseesnent against a
concurrence agency code, appeal rights for submitters
forthe application are not available against the part of
the approval that represents the concurrence agency's
response for the code.

Appeals by advice agency submitters

4.1.29.(1) An advice agency may, within the limits of

its jurisdiction, appeal to the court about the giving of a

development approval for a development application

if-

(a) the development application involves impact
assessment, and

(b) the advice agency told the applicant and the
assessment manager to treat its response to the
application as a submission for an appeal.

(2) The appeal must be started within 20 business
days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
submitter.

Appeals for matters arising after approval given
(co-respondents)

4.1.30.(1) For a development approval given for a

development application, a person to-whom any of the

following notices have been given may appeal to the

court against the decision in the notice-

(a) a notice giving a decision on a -request for
extension of the relevant period for an approval;

(b) a notice giving a decision on a request to make a
minor change to an approval.

(2) The appeal must be started within 20 business
days after the day the notice of the decision is given to
the person.

(3) Subsection (1)(a) does not apply if the
approval resulted from a development application
(superseded planning scheme) that was assessed as
if it were an application under a superseded planning
scheme.

(4) Also, a person who has made a request
mentioned in subsection (1) may appeal to the court
against a deemed refusal of the request.

(5) An appeal under subsection (4) may be started
at any time after the last day the decision on the
matter should have been made.

Division 9 - Appeals to court about other matters

Appeals for matters arising after approval given

(no co-respondents)

4.1.31.(1) A person to whom any -of the following

notices have been given may appeal to the court

against the decision in the notice-

(a) a notice giving a decision on a request to change
or cancel a condition of a development approval. |

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2009/538

 

 

(b) a notice under section 6.1.44” giving a decision to
change or cancel a condition of a development
approval.

(2) The appeal must be started within 20
business days after the day the notice of the decision
is given to the person.

(3) Also, a person who has made a request
mentioned in subsection (1)(a) may appeal to the

_ court against a deemed refusal of the request.

(4) -An appeal under subsection (3) may be
started at any time after the last day the decision on
the matter should have been made.

Appeals against decisions to change approval
conditions under the repealed Act

4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-

(a) the decision; or
(bp) a deemed refusal of the application.

(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.

(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.

Appeals against local laws

4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises or
the erection of a building or other structure permitted
by the planning scheme may appeal to the court
against the decision or the conditions applied. , ‘

(2) The appeal must be started within 20 business
days after the day notice of the decision is given to the
applicant.

For Building Works Only

Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:

Division 3 - Appeals to tribunals relating to
development applications :

Appeals by applicants

4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
against any of the following-

(a) the refusal, or the refusal in part, of a development
application:

(b) a matter stated in a development approval,
including any condition applying to the
development, and the identification of a code
under section 3.1:6;°

(c) the decision to give a preliminary approval when a
development permit was applied for;

a.

2 Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)

* Section 3.1.6 (Preliminary approval may override
local planning instrument)

 

(d). the length of a period mentioned in section 3.5.21
relevant period;
(e) a deemed refusal.

(2) An appeal under subsection (1)(a) to (d) must
be started within 20 business days (the “applicant’s
appeal period”) after the day the decision notice or
negotiated decision notice is given to the applicant.

(3) An appeal under subsection (1)(e) may be
started at any time after the last day a decision on the
matter should have been made.

The Registrar for the Building and Development
Tribunal may be contacted at the website

http:/iwww.localgovernment.qid.gov.aul

For Infrastructure Charges Onl

4.1.36 Appeals about particular infrastructure

charges %

(1) This section applies to a person who has been

given, and is dissatisfied with, an infrastructure

charges notice or a regulated State infrastructure
charges notice.

(2) The person may appeal to the court against the

notice.

(3) The appeal must be started within 20 business

days after-

(a) if the notice is given because of a development
approval or master plan approval-the day the
applicant is given notice of the decision about the
approval; or

(b) otherwise-the day the notice is given to the
person.

(4) An appeal under this section may only be about:

(a) whether a charge in the notice is so
unreasonable that no reasonable relevant local
government, State infrastructure provider or
coordinating agency could have imposed it; or

(b) an error in the calculation of the charge.

(6) Toremove any doubt, it is declared that an

appeal under this section can not be about the

methodology used to establish the charge in the
relevant infrastructure charges schedule or regulated

State infrastructure charges schedule.

Page 7 of 7

Page 8

 

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