Delegated Report - Code - Planning OPW18 0293 · OPW18/0293

Author	Monkeith Kadhum
Development Assessment

APPLICATION DETAILS
Application No.	OPW18/0293
Applicant	Noosaville Medical & Professional Centre Pty Ltd
Proposal	Operational Works - Carparking, Drainage Works, Stormwater
Properly Made Date	1 November 2018
Information Request Date	28 November 2018
Information Response Date	11 June 2019
Decision Due Date	28 June 2019
Report Completed Date	26 June 2019
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	88a Goodchap St Noosaville Qld 4566
RP Description	Part Lot 3 SP 264909
Land Area	2024 m²
PROPOSAL
The application seeks approval for Operational Works - Carparking, Stormwater Drainage and Treatment Works,.
site details
Background
The proposed works of this application are related to compliance with the relevant conditions of the higher order approvals Ref: 132007.12.8 (MCU07/0012) and REC13/0109.01.
Site Description

Site Locality Plan -
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.
The following codes from the Noosa Plan are applicable to this development:
Engineering Works Codes
cONSULTATION
Internal Referrals
The application was forwarded to the following internal Council officers:
Cherie O’Sullivan – Regarding stormwater treatment and stormwater sensitive design issues
conclusion & reasons for decision
The applicant did not provide information or plan/s to address the requirements of the Higher Order Approval/s (Ref: 132007.12.8 and REC13/0109.01) particularly in relation to stormwater drainage and treatment works. These matters raised in Council’s Information Request letter dated 28 November 2018 but were not satisfactorily addressed in the applicant response. As such in the absence of the required information and details a Preliminary Approval is to be issued.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No OPW18/0293 for a Operational Works - Carparking, Drainage Works, Stormwater situated at 88a Goodchap St Noosaville Qld 4566 and described as Part Lot 3 SP 264909 , it is recommended a preliminary approval granted in accordance with the following details for the Decision Notice:
application details
Application No:	OPW18/0293
Street address:	88a Goodchap St Noosaville Qld 4566
Real property description:	Part Lot 3 SP 264909
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Preliminary Approval for Operational Works - Carparking, Stormwater Drainage and Stormwater Treatment Works
CURRENCY PERIOD of approval
The currency period for this development approval is 2 years starting the day that this development approval takes effect.
assessment manager conditions
Prior to the issue of Development Permit for Operational Works for this application, the stormwater management design must be amended to demonstrate that the bioretention basin will only receive stormwater flows from catchments the bioretention basin is modelled to treat (i.e. the stormwater catchment of the parking area Sub 2 as detailed on Figure 4 in the Stormwater Management Plan for Lot 4 Good Chap Street Noosaville by Aquaintel Dated 25 June 2017). Catchments that are not modelled to be treated by the bioretention basin (i.e. the stormwater catchment of Telstra Site Sub 1), must be redirected around or under the bioretention basin. This matter has also been raised in Council’s Information Request dated 28 November 2018.
Supporting documentation must include, checklists within the Water by Design Bioretention Technical Design Guidelines, Long Sections of the stormwater drainage system to demonstrate functionality as well as adequate cover must be provided and other information as requested in Council’s Information Request Items 2 and 6 for this OPW application.
Prior to the issue of Development Permit for Operational Works, detailed design plans along with supporting documentation must be provided to demonstrate all aspects of the development, including scour protection shall be contained wholly within the subject allotment. Supporting documentation must include information required by Item 4 of the Information Request for this application.
Prior to the issue of Development Permit for Operational Works for this application, provide information to demonstrate how the proposed works meets the Performance Outcomes of Acid Sulfate Soils Overlay Code of The Noosa Plan in relation to proposed excavation works below 5.0m AHD.  This matter has also been raised in in Item 5 of Council’s Information Request dated 28 November 2018.
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
It must be noted that a Preliminary Approval for Operational Works does NOT permit commencement of any works.  Further representation to change the Preliminary Approval to a Development Permit may be made within the appeal period (normally 20 business days unless the appeal period is suspended).  After the appeal period expires, the Preliminary Approval cannot be changed to a Development Permit, and a fresh development application for Operational Works will be required to be made, addressing the requirements of the Preliminary Approval.
A Development Permit for Operational Works has not been issued because essential design details associated with the stormwater drainage works and stormwater treatment works for the development site have not been submitted for Council’s assessment and approval. Council may favourably consider changing the Preliminary Approval to a Development Permit via the Negotiated Decision process, if the applicant provides the satisfactory information to address the conditions of this Preliminary Approval.
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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DEVELOPMENT ASSESSMENT DELEGATED REPORT