Delegated Report - Code - Planning OPW20 0138 · OPW20/0138

Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW20/0138
Applicant	Nicholas James Abbot, Sally Nerida Adams
Proposal	Operational Works - Vehicle Crossover
Properly Made Date	18 August 2020
Information Request Date	4 September 2020
Information Response Date	4 November 2020
Decision Due Date	16 December 2020
Report Completed Date	11 November 2020
Report Reviewed By	Diogo Carrico
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	62 Crank St Tewantin Qld 4565
RP Description	Lot 1 RP 124553
Land Area	604.0000 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Tewantin
Zone	Low Density Residential
Overlays	Nil
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works - Vehicle Crossover.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Aerial Photo

Figure 3 – Driveway Plan

Figure 4 – Section Plan
site details
Background
The application has been submitted to construct the second driveway to provide formal access to a rear garage. The applicant has advised that he currently stores his boat in the garage and has at times found it difficult to cross the verge area. The engineering plans have been submitted as part of the applicant’s response to Council information request.
Site Description
The site is located in the Tewantin township and is in an area of low density residential.
The existing grades of the verge area in Werin Street along the subject site frontage, and in the frontages to the north, is steep for the first 2-3 metres from the kerb before becoming more level closer to the property boundary. It is unlikely that Council will be constructing a pathway across these frontages due to the slopes of the verges. It is noted that a pathway currently exists on the western side of Werin Street opposite the subject site.
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 2020.
The following codes from the Noosa Plan 2020 are applicable to this development:
Driveways and Parking Code
The application has been found to generally comply with all applicable statutory instruments.
The pertinent issues arising out of the assessment are discussed below:
Driveway grades. It is noted that the proposed grades are similar to the existing driveways to other properties to the north.
The proposed grades do not include a “footpath” section as described in Council’s standard drawings. In this instance due to the existing grades of the verge areas it is unlikely that Council will construct a pathway along the frontages and it is not warranted that the design include the pathway section. It is also noted that by requiring a pathway section the driveway:
design would need significant modification to achieve suitable grades and grades changes, which may not be achievable without impacting on buried services, and
would require significant earthworks within the road reserve that may extend beyond the frontage of the subject site.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
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 OPW20/0138 for Operational Works - Vehicle Crossover situated at 62 Crank St Tewantin Qld 4565 and described as Lot 1 RP 124553, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW20/0138
Street address:	62 Crank St Tewantin Qld 4565
Real property description:	Lot 1 RP 124553
Planning Scheme:	Noosa Plan 2020 (31 July 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Vehicle Crossover
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
2964-01		Site Survey Plan prepared by AAA Design and Development Pty Ltd	3 November 2020
2964-02		Cross Section A prepared by AAA Design and Development Pty Ltd	3 November 2020
2964-03		Driveway Detail prepared by AAA Design and Development Pty Ltd	3 November 2020
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 11 November 2022, unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITIONS
The earthworks required on either side of the driveway must:
match smoothly with the adjacent verges areas with grades of 1 in 4 maximum
be contained within the frontage of the subject site and not extend beyond the prolongation of the northern property boundary
No vegetation within the road reserve is to be removed without prior written approval or unless required for the construction of the approved works. The extent of vegetation removal is to be determined at the prestart meeting.
GENERAL CONDITIONS
Engineering
A condition report including photographs of the frontage of the site must be completed and submitted to Council at the prestart meeting.
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. 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 6245. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
traffic Management during the construction phase.
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe pedestrian access across the frontage of the site both.
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.
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.
DURING CONSTRUCTION
Engineering
The integrity and condition of any existing public or Council infrastructure and services (above ground and/or underground) must not be adversely affected by the proposed works
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
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
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 Reserves
No removal of street trees is permitted without Council’s prior written approval.
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 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.
Driveways
Driveway crossovers must be constructed generally in accordance with Council’s Standard Drawings and any associated addendum
Any existing unnecessary or redundant property accesses must be removed, and the kerb, footpath and verge area reinstated to match the existing footpath and/or verge treatments. Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed or turf, and must be maintained by the developer until established.
The following must be complied with during the construction of the required crossover/driveway:
the driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete.
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 or direct stormwater runoff onto neighbouring properties
underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway
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.
any stormwater kerb outlet in close proximity to the edge of the new driveway must be provided with an approved kerb adaptor
any existing kerb sections requiring removal due to the works must be saw-cut and removed to allow for a smooth and neat finish with the new driveway
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer.
Stormwater Drainage
The constructed driveway must not cause additional ponding on the road formation or the road reserve.
Environment (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).
FOLLOWING CONSTRUCTION
A final inspection and approval of the new driveway and completed reinstatement works by Council’s Inspector is required.  Please contact Council on 5329 6245 to arrange for the inspection.
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the requirements of this Operational Works permit.
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
As this driveway is a private structure, the owner bears full responsibly for the standard of its construction, maintenance and any liabilities associated with its construction. It is recommended that professional advice be sought for the construction of the driveway to ensure that the driveway is constructed in accordance with the relevant standards.
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.
Prestart Inspections Request
Contact Council on 5329 6245 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.
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)
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”. It 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 Unit to discuss any obligations under the ACH Act.
COVID-19
This development approval has been issued during the COVID-19 applicable event declared under 275F of the Planning Act 2016.
The period for undertaking the approved development may be subject to a further extension of 6 months under section 275R of the Planning Act.
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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