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Minor Change Report 141999.982589.1
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL Author Development Assessment APPLICATION DETAILS Application No. 141999.982589.1 Development Approval < (Insert original Development Approval) Applicant Laguna on Hastings CTS 28082 Request Received On 14 February 2019 PROPERTY DETAILS Property Address 32 Hastings St Noosa Heads Qld 4567 RP Description Lot 15 N 21848 No related Land Land Area No Land Area details available Existing Use of Land < STATUTORY DETAILS SEQRP Designation < Locality < Zone < Overlays < Assessment Type Minor Change to Development Approval PROPOSAL The applicant seeks approval to change to an existing development approval for landscaping background A development approval for an Operational Works –Landscaping was issued on 17 September 1999. Since then the landscaping has matured and the areas require up-dating to refresh the entry to the Sebel complex off Noosa Parade. 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: Landscape Code Statutory Process The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’. The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that: the development would not result in substantially different development as it is refreshing the original landscaping; the change does not include prohibited development; the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new mattes prescribed by regulation; where the original application was code assessable, the change would not cause the application to become impact assessable. Condition 2 Approved plans are numbered LWD-01G, 02G, 03G, 10F, 11F and 12 F prepared by Belt Collins Australia and dated March 1999 and the associated Plant Schedule numbered BCA and dated 9 September, 1999. Applicant’s Request The applicant has provided updated plans for a section of the development and has requested those plans be endorsed with suitable conditions. Assessment of Request The applicant’s request is supported and additional conditions are recommended to include the updated plans and conditions. conclusion & reasons for decision RECOMMENDATION With regard to Application No. 141999.982589.1, to make a minor change to an existing approval for Operational Works –Landscaping situated at 32 Hastings St Noosa Heads Qld 4567 described as Lot Lot 15 N 21848, No related Land, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on decided to: A. Approve the change. B. Include additional conditions 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16. LANDSCAPE CONDITIONS Plans and Documents 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 2 Landscape Plan by Noosashapes (Sheldon) 4/6/19 3 Landscape Plan by Noosashapes (Sheldon) 4/6/19 PRIOR TO COMMENCEMENT OF 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 all aspects of the construct phase including: A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction 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 Bonds A site control and/or compliance bond of $2000 is to be submitted to Council prior to the pre-start meeting. The pre-start meeting will only be held once Council's Construction Engineering Officer has confirmation that the bond monies have been received by Council. 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. A prestart meeting must be organised with Council’s delegate by calling 5329 6500 (giving at least five business days’ notice). The prestart meeting must be attended by the responsible persons for: Landscape works. Other relevant parties. DURING CONSTRUCTION General Where damage occurs to any Council asset as a result of the development works, it must be repaired immediately where it creates a hazard that presents risk to person or property. Other damage must be repaired prior to completion of works. 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 Council Planning Scheme Policies, standard drawings, standard specifications and guidelines. Retention of Existing Trees and Vegetation All trees identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites. A qualified arborist must be engaged for the duration of the tree removal works located along the pathway between Bella Cassa and Sebel. All pedestrian safety regulations must be in place prior to and maintained for the entire period during the removal of the trees The existing group of Michellia figo located along the pathway between Bella Cassa and Sebel must be retained and protected during construction wherever achievable. Landscaping Works 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) Where damage occurs to any Council asset as a result of the development works, it mu be repaired immediately where it creates a hazard that presents risk to person or property. Other damage must be repaired prior to completion of works. Landscape works must: 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. All the new plantings of the large screening shrubs along the pathway between Bella Cassa and Sebel must be maintained at a natural height of 3-4 metres and at no time be trimmed or hedged any lower than 3 metres. Soil for landscaping must: Provide for healthy and sustained site specific vegetation performance. Comply with AS 4419, Soils for landscaping and garden use. Landscaping certification.Pandanus tree certification that retained or transplanted specimens are free of flatid or leafhopper (Jamella australiae). FOLLOWING CONSTRUCTION Supervision/Certification Prior to requesting the release of the bonds upon completion of the works, 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. (* Refer to Advisory Note) C. Include advisory notes 1, and 2 to read as follow: ADVISORY NOTES 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 landscape construction and establishment works is considered to be a person with five years current experience in commercial landscape construction projects. 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. 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 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. 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