APPROVED Decision Notice OPW17/0036

Officer:	:Monkeith Kadhum
Direct Telephone:	 07 53296293
Our Reference:	:OPW17/0036
Your Reference:	:20160751

29 June 2017

Pacific BCQ
PO Box 1901
NOOSAVILLE BC  QLD  456623

[email protected]

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 27 June 2017, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
1.	APPLICATION DETAILS

Application No:	OPW17/0036
Street Address:	36 Arakoon Cres SUNSHINE BEACH  QLD  4567
Real Property Description:	Lot 800 RP 48111
Planning Scheme:	The Noosa Plan (28 October 2016)

2.	DECISION DETAILS

The following type of approval has been issued:
Development Permit for Operational Work - Non Complying Driveway and Retaining Wall in Road Reserve

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 2 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS
SITE SPECIFIC CONDITIONS
This operational works permit approval is only related to the proposed works within the road reserve and the associated retaining and stabilisation works along the front boundary within the subject site that support the road formation.
All works associated with this permit approval must be supervised by a suitably qualified Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and the Principal Contractor, and they must certify that all completed engineering works conform to the conditions of this Operational Works permit and the intent of the engineering design.
The supervising RPEQ must certify that all necessary earthwork stabilisation and retention works are carried out to ensure stability of the proposed development works, and that no adverse impact on the stability of adjoining properties, the existing public services and the existing public road formation.
The current owners and any subsequent owners are responsible for the stability and any future maintenance or repair requirements to the proposed retaining wall/s and works associated with this permit approval particularly works within the property that support the existing road and road formation.
The owners indemnify and keep indemnified Noosa Council against all actions, claims, suits, demands, losses, damages, costs and expenses of any kind, arising out of or incidental to the proposed works within the road reserve and those works within the property (eg retaining works) that support the road formation and structure, and of any works carried out in the road reserve by Noosa Council except to the extent caused by the negligence of Council, its employees, authorised agents and contractors.

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
9826-006	D	Garage & Driveway plan,  prepared by RL Cullen & Associates Consulting Engineers As Annotated in Red by Council	27/02/2017
9826-010	F	Sections,  prepared by RL Cullen & Associates Consulting Engineers As Annotated in Red by Council	05/04/2017
9826-011	D	Sections,  prepared by RL Cullen & Associates Consulting Engineers As Annotated in Red by Council	06/04/2017
9826-012	D	Sections,  prepared by RL Cullen & Associates Consulting Engineers As Annotated in Red by Council	03/04/2017
9826-013	C	Sections,  prepared by RL Cullen & Associates Consulting Engineers As Annotated in Red by Council	27/02/2017
9826-014	D	Sections,  prepared by RL Cullen & Associates Consulting Engineers	03/04/2017
9826-018	D	Construction Layout – Screw in Piles,  prepared by RL Cullen & Associates Consulting Engineers As Annotated in Red by Council	-
9826-019	A	Retaining Wall Details,  prepared by RL Cullen & Associates Consulting Engineers	03/04/2017
9826-020	A	Retaining Wall Details,  prepared by RL Cullen & Associates Consulting Engineers As Annotated in Red by Council	03/04/2017

PRIOR TO COMMENCEMENT OF WORKS

Engineering
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 6291. The prestart meeting must include the parties for the following aspects of the works:
Civil engineering works including piles works;
Traffic management;
Erosion and sediment control works;
Other relevant parties.
Prior to arranging a Prestart meeting for the operational works, a security bond in the form of a cash bond or trading bank guarantee to the sum of $8,000 must be submitted to Council, to secure the performance of all conditions of this approval.  The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.  Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Copies of the approved plans, duly signed by the consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer Construction at the “prestart” meeting.
Condition report/s including photographs must be completed and submitted to Council prior to the prestart meeting and prior to any works commencing, and must include:
The frontage of the site.
All fences bordering the site.
Any buildings and structures on the adjoining properties could potentially be destabilised or impacted on by the proposed works.
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.
A Construction Management Plan must be submitted to Council for approval prior to the prestart 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 at all times both during daily construction and after daily construction has ceased.
Any required closure of the road verge during the construction of the piles works and the new driveway.
Proposed fencing to the site during the construction phase of the development.
Adequate parking arrangements for construction workers without adversely impacting on the local traffic flows or the availability of public parking spaces.
No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures.
Works programme identifying key components of the works and their respective durations.
Identification of complaint management procedures including:
Contact details for the on-site manager.
Dispute resolution procedures.
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
General
The developer must meet any costs to repair damage to any Council 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 constructed and work procedure undertaken in accordance with:
The approved plans and conditions detailed in this Decision Notice.
The relevant conditions of the higher order Preliminary Building Approval File PBA17/0002 to which this operational works permit 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.
Driveway
Driveway crossover must be constructed in accordance with the approved plans and grades in compliance with the applicable standards.
The constructed crossover/driveway must comply with the following:
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or plain/patterned concrete.
Must have a slip resistant surface.
The driveway must be constructed so as not to concentrate stormwater runoff or ponding onto other properties or onto road verge.
Have a minimum clearance of 500mm from any Unitywater/Telstra asset, unless a written approval is obtained from Unitywater/Telstra and submitted to Council.
Have a minimum clearance of 1m from any power pole, unless a written approval is obtained from Energex and submitted to Council.
Works within Road Reserve and Reinstatement Works
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 and road reinstatement works must match neatly with existing road and verge features and be carried out in accordance with best engineering practices, applicable standards and standard drawing/s. Additional works beyond the frontage of the site may be required to provide an acceptable transition to existing road and verge profiles.
Earthworks
All earthworks must be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical supervision and testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as defined in Appendix B and must be supported by any necessary geotechnical testing and assessment in accordance with the recommendation of the supervising/certifying engineer.
All Earthworks and construction works must be carried out taking into consideration the protection of any existing above and below surface services and infrastructures including road formation and surface, and the stability and protection of any structures on the adjoining properties.
Stormwater Drainage
Stormwater drainage works must be carried out generally in accordance with the approved plans.
The applicant/developer must ensure that the proposed works and any changes to the finish levels in the road reserve associated with this permit will not adversely impact on the existing stormwater drainage conditions (eg by diverting additional stormwater flows or creating additional ponding) or cause erosion on other properties, including the road reserve and the public reserve at the rear of the site.
Environment – Erosion & Sediment Control (E&SC)
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.
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). The E&SC measures must include the protection of the existing stormwater inter-allotment drainage pipeline along the rear boundary.
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 (refer to 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.
Damage to Services and Assets
Any damage caused to existing services, streetscape 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
Certification - Engineering Works
Upon completion of the work and prior to the final inspection a certificate must be issued by the supervising RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
Following the certification of the works by the supervising RPEQ, a final inspection and approval of the new driveway and completed reinstatement works by Council’s Inspector is required.  Please contact Council on 5329 6291 to arrange for the inspection.

5.	REFERRAL AGENCIES
Referred to Unitywater (33 King Street, Caboolture QLD 4510) by applicant in response to Council’s Information Request item.
6.	REFERENCED DOCUMENTS

Unitywater’s response letter to the owners (PC & V Taylor) dated 23 March 2017, Unitywater Ref No: 811708854.

7.	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
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.
Amendments to plans, in accordance to the relevant conditions, and/or any requested changes to the conditions of this decision notice should be made within the appeal period or the suspended/extended appeal period. Alternatively, an application for “Request to change an existing approval” under the Sustainable Planning Act 2009 must be made along with Council’s applicable fees.
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6291 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 Right of Appeal Period of 20 business days should have been passed or the applicant has have confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
If Council officers are required to undertake additional inspections of the same works, a re-inspection fee will be applicable in accordance with Council’s Fees and Charges register applicable at the time.
Environmental Advisory note
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.
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 Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
8.	PROPERTY NOTES
The following property notes or similar will be placed against the property in Council’s property record system:
The current owners and any subsequent owners are responsible for the stability and any future maintenance or repair requirements to the approved retaining wall/s and works within the property that support the existing road and road formation (reference; permit approval for Operational Works File No: OPW17/0036).
The owners indemnify and keep indemnified Noosa Council against all actions, claims, suits, demands, losses, damages, costs and expenses of any kind, arising out of or incidental to the proposed works within the road reserve and those works within the property (eg retaining works) that support the road formation and structure, and of any works carried out in the road reserve by Noosa Council except to the extent caused by the negligence of Council, its employees, authorised agents and contractors (reference; permit approval for Operational Works File No: OPW17/0036).
9.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable.
10.	FURTHER DEVELOPMENT PERMITS REQUIRED
Not Applicable
11.	SELF ASSESSABLE CODES
Not Applicable.
12.	SUBMISSIONS
Not Applicable.
13.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not Applicable.
14.	RIGHTS OF APPEAL
You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
During the appeal period (normally 20 business day), 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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.
15.	OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

Yours faithfully

Monkeith Kadhum
Development Engineer

enc:	Approved Plans
Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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PO Box 141		P. (07) 5329 6500	[email protected]	
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