Negotiated Decision Notice OPW20 0017 · OPW20/0017

Officer: 	Monkeith Kadhum
Direct Telephone: 	07 53296293
Our Reference:	OPW20/0017 : JElder
Your Reference:	.
16 September 2020
DA Dunworth
46 Plover St
PEREGIAN BEACH  QLD  4573

[email protected]
Dear Sir,
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On 15 September 2020, Council decided your representations. This negotiated decision notice replaces the decision notice approved on 19 June 2020.
Details of the negotiated decision are as follows:
APPLICATION details
Application No:	OPW20/0017
Street address:	46 Plover St Peregian Beach Qld 4573
Real property description:	Lot 16 P 9313
Planning Scheme:	The Noosa Plan (8 June 2018)
decision details
Council on 19 June 2020, decided to issue the following type of approval:
Development Permit for Operational Work - Landscaping
In relation to representations, Council on 15 September 2020 decided to:
A.	Agree to delete sub-condition 3 (C).
B.	Agree to amend Conditions 4, 5, 8 and 16.
C.	Council refuses to delete or amend Condition 15 for the following reasons:
The proximity of the existing trees to the road’s edge of bitumen can damage road pavement and surface and create ongoing maintenance issues to Council. Also, they can cause obstruction and potential of damage to parked cars.
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
4395_L104	D	Proposed Frontage 46 Plover St, Peregian Beach - Operational Works Plan, prepared by Blackburn Jackson	29/05/2020
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 20 June 2022 unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITIONS
Proposed private pedestrian ramp, two riser steps and 500mm vegetation buffer/fall barrier within the road reserve must be constructed in accordance with the approved plan and the and relevant conditions of this approval; and must comply with the following:
The 500mm vegetation buffer must well established and maintained to achieve effective long-term fall barrier; and be certified accordingly prior the final inspection by Council.
The current owners and any subsequent owners are responsible for all ongoing maintenance of the proposed pedestrian ramp, two riser steps and 500mm vegetation fall barrier necessary to ensure their safe performance for the life of the development.
Deleted.
Given the hazards to the public associated with the existing unauthorised and unapproved works within the public road reserve, the proposed upgrading works of this permit must be completed within six (6) months starting the day that this development approval takes effect.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
The principal contractor must provide Council certificates of currency for public liability insurance and works insurance covering the works prior to the prestart meeting. The principal contractor is also responsible to ensure that any subcontractors also have the appropriate insurance and public liability documentation.
A condition report including photographs of the frontage of the site must be completed and submitted to council at the prestart meeting and prior to any works commencing.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a prestart meeting is 5329 6245. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering and Landscape works;
Erosion and sediment control works;
Traffic management.
A Construction Management Plan is required to be submitted to Council at or prior to the prestart meeting and must specifically address the following, where appropriate:
Traffic Management during all aspects of the construct phase including:
Appropriate traffic control signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD), and without impacting on local traffic flows and safety.
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
Proposed fencing to the site during the construction phase of the development.
Adequate parking arrangements for construction workers.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures.
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.
DURING CONSTRUCTION
Engineering
The developer must meet any costs to repair damage to any existing Council and/or public 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 the Operational Works permit.
All works must be constructed and work procedure undertaken in accordance with:
The approved plan 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 Reserve/Reinstatement
Safe pedestrian access on the street 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 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.
The existing street trees near the road’s edge of bitumen must be removed by suitably qualified or experienced person. Any replacement trees must only be provided after consultation and written consent from Council.
The road verge along the frontage of the site is to be modified such that the maximum crossfall is 5% for an 1.0m-1.5m strip abutting the road pavement with the remaining balance width of the grassed verge be smoothly graded down to the finish levels of the proposed new landscaping works and new access ramp without posing any fall and/or trip hazards to road’s users.
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).
Pedestrian Private Ramp
The proposed private ramp within the road reserve must be constructed generally in accordance with the approved plan and in compliance with the following general requirements:
Must have compliant grades that ensure it is safe for its intended use including during adverse weather condition and poor lighting.
Must be made of durable and stable material with an appropriate finish to provide a slip resistant surface at all time.
Be provided with all necessary drainage provisions and measures according to the supervising engineer recommendations to maintain its safe use in all weather conditions.
To match or abut adjoining surfaces in a manner so as not to create a pedestrian trip or fall hazards.
Be certified by the supervising engineer on completion of works.
Note: it is recommended that property lighting be provided to illuminate the pedestrian ramp when used in the dark.
Landscape works
Landscape works must:
Delineate all planting to grassed area interfaces with spade cut edge.
Ensure permanent irrigation is not installed within the road reserve.
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled.
Turfed areas must be must be free of pest, diseases and weeds and level with adjoining surfaces.
It is important that all landscape works must be established and maintained in accordance with the approved design for the life of the development, particularly the proposed 500mm vegetation buffer/barrier, 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.
Driveway
Driveway crossover must be in compliance with the relevant sections of AS 2890.1 and best engineering practices, and shall be certified by RPEQ.
Erosion and Sediment Control
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.  It is the site's Supervising Engineer who is responsible for ensuring that the sediment and erosion control measures have:
Been duly designed by an RPEQ or CPESC and constructed in accordance with "best practise" methods,
Been revised to address predicted rainfall events, and
Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be found inefficient.
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).
The developer must ensure non-essential exposure of soil is prevented by restricting the extent of disturbance and minimising the duration of soil exposure to adverse weather conditions and effectively turf, cover or stabilise any disturbed area without delay and prior to rainfall occurring.
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. 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.
Prior to the completion of the development works, 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.
FOLLOWING CONSTRUCTION
Certification and Final Inspection
Upon completion of the work and prior to final inspection by Council a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
A final inspection and approval of the completed 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
As the driveways are private structures, the property owner bears full responsibly for the standard of its construction, maintenance and any liabilities associated with its construction and maintenance.
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the accuracy of the drawings has not been undertaken.  The applicant bears full responsibility for all aspects of the engineering design.
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 Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with any fees if applicable.
Prestart and 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.
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)
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
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.
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 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 3239 3647 to discuss any obligations under the ACH Act.
property notes
The following property notes or similar will be placed against the subject property in Council’s property record system upon approval of the completed works:
The current owners and any subsequent owners are responsible for all ongoing maintenance of the proposed pedestrian ramp, two riser steps and 500mm vegetation fall barrier necessary to ensure their safe performance for the life of the development.
The current owners and any subsequent owners are wholly responsible for all public liabilities attributed to the proposed pedestrian ramp, two riser steps and 500mm vegetation fall barrier.(Council reference No: OPW20/0017).
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.

Yours faithfully,

Monkeith Kadhum
Development Engineer

Enc:	Appeal Rights

DECISION NOTICE HISTORY
Original Decision Notice – 19 June 2020..
Negotiated Decision Notice – 15 September 2020, with an amendment to conditions 4, 5, 8 & 16 and delete conditions 3 (c).
cc.	Unitywater

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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ee) NOOSA COUNCIL