Delegated Report - Code - Planning OPW21 0286

Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW21/0286
Applicant	Kevin Patrick Anschau
Proposal	Operational Works - Carparking, Drainage Works, Landscaping, Stormwater
Properly Made Date	1 October 2021
Information Request Date	28 October 2021
Information Response Date	15 December 2021
Decision Due Date	1 February 2022
Report Completed Date	17 December 2021
Report Reviewed By	Diogo Carrico

PROPERTY DETAILS
Property Address	1 Werin St Tewantin Qld 4565
RP Description	Lot 1 RP 74607
Land Area	986.0000 m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Acid Sulfate Soils, Flood, Landslide
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works - Carparking, Drainage Works, Landscaping, Stormwater.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Stormwater and Driveways Plan

Figure 3 – Landscape Plan
site details
Background
The development of the site into a duplex was approved by MCU16/0139 and the currency period was extended by MCU16/0139.01.
The existing dwelling was removed in mid 2021.
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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Driveways and Carparking Code
Landscaping Code
Water Quality and Drainage 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. A number of issues were raised in Council’s further information request and discussed on site with the owner.
Design Plans
It became apparent during the assessment that the engineering plan submitted as part of the MCU incorrectly located infrastructure and vegetation within the road reserve. As a result the assessment included assessment of a redesign those parts of the driveways and the stormwater within the road reserve.
Stormwater
The connection point for the development to Council’s drainage system is to point where an existing manhole is no longer functional. Council’s infrastructure section have investigated the situation and have advised that planning has commenced for a new structure. The type of structure has not been determined at this time. As it is expected that the stormwater connection is some time away a condition has been included for the connection to be carried out in accordance with Council’s requirements at the time of the construction of the drainage line.
Landscaping
The application was referred to Council’s Senior Environment Officer who provided the following comments and recommended conditions:
The Operational Works (OPW) application and associated Information Request Response generally meets the MCU16/0139 Development Permit for Material Change of Use of Premises – Multiple housing Type 2 - Duplex (approved 3 February 2017) conditions. Generally the Landscaping plan meets the requirements of the Noosa Plan 2020 Landscaping Code and PSP2 Landscaping policy by providing landscaping to enhance the natural environment however some areas do not include the correct species height or density required as per the Higher Order MCU16/0139. The development provides 62% soft landscaping verse 38% hardscaped area.
Comments have been provided relating to the following MCU conditions including some where the information provided has not adequately met the MCU condition requirements. A blanket condition has been included requiring an amended Landscaping plan within 3 months following the pre-start meeting to include the requirements from the MCU that were not met and are conditioned.
- MCU condition 4 requires a garden to be provided for its full length and planted with species that grow to a minimum height of 4m and have a minimum pot size of 200mm. Updated Landscape plan issue k sheet 36 of 36 includes Bauera rubioides planted the length of the gatehouse (including majority of the northern boundary) at 100mm pot size which is not consistent with the MCU condition 4 requirements. This species also only grows to a maximum of 1.5m height with no other species included that would provide the required screening. An OPW condition has been included stipulating a minimum of 200mm pot size for this location and inclusion of an additional 10 x 200mm pot size Noosa native preferred plants that grow to a minimum height of 4m to create a vegetative screen.
- MCU Condition 13 stipulates fencing requirements for the front property boundary. The applicant provided within the information request response that during pre-lodgement discussions the current ‘cottage’ (dwelling) has no front fence and they are wanting to maintain the historical link. In addition the development is at the end of a cul-de-sac with limited foot traffic. A general condition has been included regarding fencing for the entire site but does not impose a front fence as a requirement, vegetative screening has been included.
- Condition 31 of the MCU has generally been met however:
Plants identified within the Landscape plan do not provide the required height or density as detailed within MCU condition 31b (densely screened) and 31c (minimum height of 4m). Lobelia membranacea is defined as a groundcover therefore would provide very little/if any screening to those two boundaries. In addition to the plants in the setback area (Landscape plan) along the eastern and southern boundaries, twenty (20) additional plant species (Noosa native preferred species) that grow to a minimum height of 2m (eastern boundary) and twenty (20) additional plants species that grow to a minimum height of 4m (southern boundary) are required to be planted.
31(e) has not been met which requires one tree to the front of the lift and one tree to the northern side of the entry stairs (near Werin Street) both being minimum 45 litres pot size. The OPW conditions have included a condition requiring the addition of these two trees as required within the MCU.

Relevant conditions have been included.
Construction Fencing
It was noted during site inspection that the developer had erected a significant amount of construction fencing within the road reserve. This was discussed on site with the property owner where he was advised that the fencing would need to be relocated to either the property boundary or very adjacent to the boundary and that Council would only permit the fencing to extend further for safety reasons during construction of the specific works within the road reserve.
A condition has been included.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Senior Environment Officer
Infrastructure
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 OPW21/0286 for Operational Works - Carparking, Drainage Works, Landscaping, Stormwater situated at 1 Werin St Tewantin Qld 4565 and described as Lot 1 RP 74607, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW21/0286
Street address:	1 Werin St Tewantin Qld 4565
Real property description:	Lot 1 RP 74607
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Carparking, Drainage Works, Landscaping, Stormwater
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
D-KA Sheet 36 of 36	K	Landscaping prepared by Ausmar Homes as amended by conditions	14 December 2021
21-0375-F1	C	Operational Works prepared by Lindsay Consulting	14 December 2021
			
			
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 20 December 2023, unless an application to extend the currency period is approved by Council.
SITE SPECIFIC CONDITIONS
The existing construction fencing must be relocated to the property boundary. The fencing must not be located within the road reserve without first obtaining prior written approval from Council.
The type and extent of works required to connect the stormwater outlet from the development to Council’s drainage system must be undertaken in accordance with Council’s direction at the time of construction.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
Tree protection fencing must be installed under the supervision of the Project Arborist.  (Refer to Retention of Existing Trees Conditions)
All necessary approvals from external service providers (eg Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
A condition report of the Council drainage system across the frontage of the site must be completed for agreement at the prestart meeting. The condition report is to include a CCTV inspection of the existing pipe extending from the kerb and channel in Werin Street to the outlet point.
A condition report including photographs of the frontage of the site must be completed and submitted to Council at the prestart meeting / prior to any works commencing.
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 6500. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Landscape works;
Erosion and sediment control works;
Other relevant parties
The submitted Construction Management Plan prepared by Ausmar Homes must be amended and resubmitted to Council prior to the pre-start meeting. The amendments must include the following:
Additional detail on the proposed traffic/pedestrian management during all aspects of the construct phase including:
Additional signage in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all signage and traffic control measures to be installed for daily activities and the signage to remain in place after working hours
A notation that all relevant signage is to be in place prior to the commencement of daily construction activities
A notation that “No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off”
Works programme identifying key components of the works and their respective durations
Include a post out to the local residents advising of the proposed development, the expected time frames and the site contact details.
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details.
The types of vehicles to be utilised during operations and frequency of usage.
NB any damage to the existing road system as a result of construction operations must be fully repaired at the applicant’s expense
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
Landscape
The approved Landscaping plan is to be amended and resubmitted to Council within three months following the pre-start meeting. The amendments are:
Include that the access driveway located between two existing mature trees (Poinciana) identified for retention on approved plans must be installed as per Brisbane City Council Standard Drawing – Provision for Tree Roots Under Concrete Footpaths and Bike Paths BSD-5204 revision B
Twenty-three (23) Bauera rubioides identified for planting along the northern boundary are required to be 200mm pot size (as per condition 4 of Higher Order MCU16/0139) not the 100mm pot size identified on the approved Landscape plan.
Ten (10) Noosa native preferred plants that grow to a minimum height of 4m is required to be planted for the length of the gatehouse in the northern boundary garden  in addition to the plants identified within the approved Landscape plan.
The required one (1) tree to the front of the lift and one (1) tree to the northern side of the entry stairs (near Werin Street) are required to be planted as per condition 31e of Higher Order MCU16/0139. Both trees must be Noosa native preferred species and have a minimum pot size of 45 litres.
In addition to the plants in the setback area along the eastern and southern boundaries within the approved Landscape plan, the following additional plants are required to be included:
Twenty (20) additional plant species (Noosa native preferred species) that grow to a minimum height of 2m are required to be planted along the eastern boundary to provide dense landscaping within the 4m setback.
Twenty (20) additional riparian vegetation plant species (Noosa native preferred species) that grow to a minimum height of 4m within the setback area along the southern boundary.
Provision of turfed area to road frontages.
Engineering
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.
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.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice
The relevant conditions of the higher order Material Change of Use approval viz. MCU16/0139.01 to which this approval relates
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
Pavement Design and Construction
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 and must be certified by an RPEQ.
Works within Road Reserve/Reinstatement
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 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.
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.
Site Access and Driveways
Driveway crossovers must be constructed generally in accordance with Council’s Standard Drawings RS-049, RS-050 and any associated addendum
The extent of the driveway located between the two existing mature trees (Poinciana) identified for retention on approved plans must be installed as per Brisbane City Council Standard Drawing – Provision for Tree Roots Under Concrete Footpaths and Bike Paths BSD-5204 revision B
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 constructed so as not to concentrate stormwater runoff onto neighbouring properties or create additional ponding of stormwater on the road reserve
Underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway
The property access must be located a minimum of 1m clear of existing power poles, streetlights or other signage. The developer is responsible for any necessary relocation of existing services to provide this clearance and must contact the relevant service authorities and comply with their requirements in relation to these works.
Earthworks and Retaining Walls
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with the Standard.
Fall protection must be provided to retaining walls that are over 1m high
Slope and batters are a maximum grade of:
1 in 6 where in proximity to waterbodies
1 in 4 for grassed areas.
1 in 3 for planted areas
1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
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).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
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
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. These measures must be designed, implemented and maintained in accordance with “Best Practice Erosion and Sediment Control” published by the International Erosion Control Association (Australasian Chapter) (IECA, 2008), to the extent that such measures and practices are also consistent with the following:
Minimise Erosion
For areas of the site which drain to a sediment basin, implement drainage and erosion control measures prior to rainfall which prevent or minimise rill erosion and gully erosion
For areas of the site which do not drain to a sediment basin, implement drainage and erosion control measures prior to rainfall (including contingency measures) which prevent or minimise erosion, including rain drop erosion, chemical erosion, rill erosion and gully erosion
Prior to the commencement of the 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.
Manage concentrated stormwater flows
Prior to each rainfall event ensure concentrated stormwater flow paths are provided with capacity in accordance with IECA (2008) Table 4.3.1 and are structurally stable in all rainfall events for the following sources:
(a)		From stormwater catchments upslope of the area of disturbance which are either stable or external to the site, ensure stormwater is diverted or managed either:
around the site or through the site without causing erosion and without contaminating the flow; or
if it is impractical to convey the flows around or through the site, convey the flows into appropriately sized sediment basins without causing erosion
(b)	From all disturbed areas of the site to site controls without causing erosion
Minimise sediment released from the site
Install and maintain sediment barriers for each disturbed catchment area of the site  and including undisturbed catchments which cannot be diverted, such that during discharge from the primary outlet system, the concentration of total suspended solids (“TSS”) discharged does not exceed 50mg/L and that pH is within the range of 6.5-8.5 unless entering a naturally acidic environment.
Install and maintain additional sediment control measures within the site, as necessary to maximise sediment capture.
Minimise the tracking of dirt from the site onto roadways. Ensure that all dirt on roadways caused by vehicles leaving the site is removed without causing water contamination, prior to rainfall and at least at the end of each work day.
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:
Been duly designed by an RPEQ or CPESC and constructed in accordance with "best practise" methods,
Been revised by an RPEQ or CPESC to address the issues raised by changes in the projected construction schedule and/or 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.
Drainage paths must be regularly inspected to ensure the sediment fences/measures are not being bypassed as a result of sediment build up. Sediment laden runoff must be prevented from leaving the subject site and entering neighbouring properties and/or stormwater systems.
Soil exposure must be limited on the site to a distance of no more than 2m beyond the extent of works shown on the approved plans except where the exposed soil is effectively stabilised without delay and prior to rainfall occurring.
A log book for the Erosion and Sediment Control measures and inspections must be maintained by the site manager and made readily available to Council when requested. The supervising engineer must verify and endorsed the E&SC measures upon their installation, and periodically check these measures and the log book during construction and the stabilisation stages. Any defects in erosion and sediment control devices, such as sediment fences, are to be inspected and documented. Upon Inspection, the contractor is to determine whether the device should be replaced or repaired. Documentation is to include how the damage was caused and what measures can be implemented to reduce the possibility of repeat occurrences. Any damage to either permanent or temporary water quality control structures or devices is to be immediately rectified at the contractor’s expense.
The effectiveness of the erosion and sediment control devices must be monitored. All ESC measures are to be inspected:
at least daily (when work is occurring on site) or weekly (when work is not occurring on site); or
within 24 hours of expected rain; or
within 18 hours of a rainfall event (i.e. an event of sufficient intensity and duration to mobilise sediment on site).
Landscape
Retention of Existing Trees and Vegetation
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites by a qualified person*.
(*Refer to Advisory Notes).
The access driveway located between two existing mature trees (Poinciana) identified for retention on approved plans must be installed as per Brisbane City Council Standard Drawing – Provision for Tree Roots Under Concrete Footpaths and Bike Paths BSD-5204 revision B.
A qualified person* must be engaged for the duration of the access driveway and stormwater works to:
Ensure the protection of the two Poinciana trees and root zone,
Ensure driveway works are carried out in accordance with Brisbane City Council Standard Drawing – Provision for Tree Roots Under Concrete Footpaths and Bike Paths BSD-5204 revision B
Removal of Existing Trees and Vegetation
All tree and vegetation removal works must be undertaken by a qualified person*.
*(Refer to Advisory Note)
Vegetation removal or pruning must be undertaken in a manner that avoids damaging surrounding vegetation and habitat.
Fauna or fauna habitat relating to minor approved tree removal/clearing works must be managed by a qualified person*.
*(Refer to Advisory Note)
Landscaping Works
The development site must be landscaped. The works must be undertaken in accordance with the approved plans and Noosa Plan 2020 Planning Scheme Policy PSP2 Landscaping.
Landscape works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice.
(* Refer to Advisory Note)
Landscape works must:
Delineate all planting to grassed area interfaces with an edge as detailed within the approved plans.
Ensure amenity or sales signage and ancillary infrastructure is not installed within the road reserve.
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.
Ensure finished level of all mulch in garden beds is to be a minimum of 50mm below the level of the adjacent top of kerb.
*(Refer to Advisory Notes)
Turfed areas must be must be free of pest, diseases and weeds and level with adjoining surfaces.
Soil for landscaping must provide for healthy and sustained site specific vegetation performance. (for larger sites)
All landscape works must be established and maintained in accordance with the approved design for the life of the development, 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.
Fencing and retaining walls
Fencing must:
Be type, height and location as detailed within the approved higher order MCU16/0139 and approved landscaping plans.
Be located wholly within lot boundaries.
Have a design life commensurate with the new buildings.
Not include CCA (copper chrome arsenic) timber products.
Be finished in neutral colour tones that blend with the surrounding landscape.
Damage to Services and Assets
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.
FOLLOWING CONSTRUCTION / PRIOR TO COMMENCEMENT OF THE USE
Certification
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.
Upon completion of the work the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification confirming all works have been constructed in accordance with conditions of approval.
NATSPEC certification (Specifying Trees: a guide to assessment of tree quality addressing each specimen).
(* Refer to Advisory Note)
Street Trees
The developer is responsible for the protection and longevity of the retained street trees for a minimum period of 12 months from the completion of the development works. A $2000 portion of the performance bond associated with MCU16/0139.01 will be retained until the developer has demonstrated that the retained trees have been suitably protected.
*(Refer to Advisory Note)
A final inspection and approval of the completed works by Council’s Inspector is required. Please contact Council on 5329 6500 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 and stormwater are private structures, the owner bears full responsibly for the standard of their construction, maintenance and any liabilities associated with their construction. It is recommended that professional advice be sought for the construction of the works to ensure that the works are 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, On and Off Maintenance Inspections Request
Contact Council on 5329 6500 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.
A minimum maintenance period of 12 months will apply to all municipal works and thereafter until such time as the works are performing in accordance with the approved design unless noted otherwise
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.
Retention of Existing Trees
The existing trees on adjoining properties must be retained and protected during construction wherever achievable. To avoid doubt, this advisory note is not intended to exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following construction of the development which is the subject of this development approval.
Removal of Existing Trees and Vegetation
Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as well as optimum weed seed sterilisation.
Erosion and Sediment Control
Accepted best practice standards include International Erosion Control Association Australasia Best Practice Erosion and Sediment Control
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).
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the final 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 the final inspection, 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, 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.
Qualified Person
Qualified Person, for the purpose of:
Supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three years current experience in the field of landscape design.
Undertaking, supervising tree works and preparing arboriculture certification, is considered to be a person with a minimum three years current experience in tree protection, hazard identification/mitigation and Specifying Trees – a guide to assessment of tree quality (NATSPEC) assessment and either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
Landscape Works
The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges Register where:
An inspection revealed that any constructed rehabilitation/landscape works do not comply with the conditions of the Decision Notice, Approved Plans and or Approved Documents
Certification is submitted to Council falsely stating that works comply with the approved plans, documents and or conditions of the Decision Notice.
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.
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

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TH WRG A PERT

‘ENT AND ROE DESCRPTION
KEVIN. ANSCHAU
OPERATIONAL WORKS:

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PROPOSED PLANT LIST LANDSCAPE KEY
2 we cary ore rapeconn I 1
Bae PROPOSED
UNIT 1
‘TOTAL SITE AREA - 986.00m?

‘SOFTSCAPED
HARDSCAPED AREA
TOTAL LANDSCAPED

~ 287.27 (62.02%)
~175.87m* (37.98%)
+= 463.44? (47.70%)

 

PROPOSED
UNIT2

 

  
  
 

 

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SHEET 360° 36,