REQUIREMENTS (TRANSPORT AND MAIN ROADS – MARITIME SAFETY)
LOCALITY PLAN
RECOMMENDATION:
That Council approves the development application for O'Shea Esplanade Machans Beach Seawall over land described as Lot 2 RP895022, located at 203 O'Shea Esplanade Machans Beach, subject to the following:
APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions
means:
Drawing or Document Reference DateGeneral Arrangement Plan 22223-C001 Rev. 01 GHD 30/08/2012 Site Works Plan – Sheet 1 22223-C002 Rev.01 GHD 30/08/2012 Site Works Plan – Sheet 2 22223-C003 Rev. 02 GHD 30/08/2012 Site Works Plan – Sheet 3 22223-C004 Rev. 01 GHD 30/08/2012 Site Works Plan – Sheet 4 22223-C005 Rev. 01 GHD 30/08/2012 Sections and Details – Sheet 1 22223-C010 Rev. 01 GHD 30/08/2012 Sections and Details – Sheet 2 22223-C011 Rev. 01 GHD 30/08/2012 Sections and Details – Sheet 3 22223-C012 Rev. 01 GHD 30/08/2012 Sections and Details – Sheet 4 22223-C016 Rev. 01 GHD 30/08/2012 Sections and Details – Sheet 5 22223-C017 Rev. 01 GHD 30/08/2012 Staged Site Work Plan 22223-C022 Rev. 01 GHD 30/08/2012
1. Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s), and in accordance with:-
a. The specifications, facts and circumstances as set out in the application submitted to Council;
b. The following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.
Except where modified by these conditions of approval
Timing of Effect
2. The conditions of the Development Permit must be effected prior to Commencement of Use, except where specified otherwise in these conditions of approval.
RPEQ Certification
3. The applicant/owner must, within three (3) months of the date of practical completion of the works, submit to Council a letter from a Registered Professional Engineer of Queensland certifying that:
a. The works (including any other associated works) have been constructed in accordance with the approved drawings and these conditions; and
b. The works:
i. Are structurally adequate for anticipated usage; and ii. Comply with the FNQROC; iii. The ends of the seawall are to transition smoothly into the
adjacent existing seawall or the foreshore;
c. The bed and banks of the foreshore are clear of all debris for a distance of 15 metres around the site of the works.
Construction Of The Works
4. The applicant/owner must:
a. Ensure that construction of the works is carried out only by means of suitable plant and equipment and that measures are taken to limit turbidity in tidal waters as a result of the construction; and
b. Ensure that disturbance to the bed of the foreshore is kept to a minimum; and
c. Take all appropriate measures to minimise pollution of tidal waters as a result of silt runoff, and the discharge of other contaminants such as fuel, oil, and hydraulic fluid to the waterway during construction of the works; and
d. Ensure acid sulfate soils be managed such that contaminants are not directly or indirectly released as a result of the construction activity, to any waters or the bed and banks of any waters; and
e. The construction contract is to include a Construction Site Management Plan and a Construction Environmental Management Plan generally in accordance with the Planning and Ecological Report submitted by GHD and dated September 2012;
f. Provisions for the existing creek/stormwater outlets, water pipes and other services are to be made;
g. Should any damage to O’shea Esplanade occur, repairs must be conducted to the satisfaction of the Chief Executive Officer.
Landscaping Plan
5. The applicant/owner must landscape the subject land and street frontage in accordance with the FNQROC Development Manual and in accordance with a landscape plan endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. In particular, the plan must show:
a. The planting of trees native to, or reflective of the locality with respect to the scenic landscape of Machans Beach foreshore and the construction safety of the Seawall.
b. The location and species of all proposed plantings behind the wall.
c. Planting of the road verge with trees, using appropriate species with regard to any site constraints.
d. The clearing of trees is minimised for as much as practical and should any tree be removed, an adequate replacement must be provided in a more appropriate location;
e. Inclusion of all requirements as detailed in other relevant conditions included in this Development Permit. A copy of this Development Approval must be given to the applicant’s Landscape Architect/Designer.
Two (2) A1 copies and one (1) A3 copy of the landscape plan must be endorsed by the Chief Executive Officer prior to the completion of works approved by this Development Permit. Areas to be landscaped must be established prior to allowing community access to the foreshore and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.
Lawful Point of Discharge
6. The applicant/owner must ensure that the flow of all external stormwater from adjacent properties is directed to a lawful point of discharge such that it does not adversely affect surrounding properties or O’Shea Esplanade from the development, all to the requirements and satisfaction of the Chief Executive Officer.
Hours of Operation
7. Work involving machinery of any description shall only be carried out on site from:
a. 7am to 6pm, Monday to Friday;
b. 7am to 1pm Saturdays;
c. With no work on Sundays or Public Holidays.
Unless otherwise authorised by the Chief Executive Officer in the special case of tidal influence allowing for the construction of the Seawall below the Highest Astronomical Tide. In the instance that work outside of the above times is necessary, the contractor must advise adjoining property owners that necessary works will be occurring outside of normal work hours 24 hours prior to the works occurring.
8. That Council erect signs on O’Shea Esplanade, in conspicuous places, advising the community of the works proposed, the hours of operation, haul routes, safety matters relevant to public access and provide a phone number for the receiving of any queries or complaints from members of the community.
9. This approval, granted under the provisions of the SustainablePlanning Act 2009, shall lapse 6 (six) years from the day the approval takes effect in accordance with the provisions of Section 339 and Section 363 of the Sustainable Planning Act 2009 Sustainable Planning Act 2009.
CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS
Concurrency Agency ConcurrenceAgency Reference
Date Council Electronic Reference
Department of Environment and Heritage Protection
394310(NOR/1128080)SPCC04884212
21/01/2013 #3851885
Transport and Main Road (Maritime Safety)
215/00587 25/10/2012 #3838631
Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies).
ADVICE
1. All building site managers must take all action necessary to ensure building materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.
2. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements.
3. For information relating to the Sustainable Planning Act 2009 log on to www.dsdip.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.
Advice Statement for EPBC Act
You are advised that the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 applies to action that has, will have or is likely to have a significant impact on matters of national environmental significance.
Further information on the EPBC Act can be obtained from the Department of the Environment, Water, Heritage and the Arts website www.environment.gov.au/epbc EPBC Act Policy Statement 1.1 Significant Impact Guidelines Matters of National Environmental Significance (Oct. 2009).
EXECUTIVE SUMMARY: Development Assessment is in receipt of a development application from Infrastructure Services for Operational Work (Prescribed Tidal Work) for the demolition of the existing revetment wall and the construction of a new seawall on the O’Shea Esplanade road reserve and Unallocated State Land, Machans Beach. The seawall is located between Redden Creek Bridge in the south and Barr Creek in the North. The seawall will run for approximately 1.3 kilometres. The proposed Seawall is the result of a detailed inspection of the existing revetment wall and the wall was deemed to be in poor condition and unstable. The option of doing remediation works was evaluated and deemed not suitable in this case. However, the blocks of the existing wall will be able to be re-used. The proposed Seawall is considered to comply with the IDAS Code for Prescribed Tidal work under Schedule 4A of the Coastal Protection and Management Regulation 2003. It is recommended that Council approve the proposed Seawall, subject to conditions. TOWN PLANNING CONSIDERATIONS: Background The Machans Beach seawall was built in the 1960s and extends approximately 1.2km along the front of O’Shea Esplanade. On 29 November 2011 a project inception meeting was held on site between representatives from GHD, Council, former Department of Employment, Economic Development and Innovation (DEEDI) and the former Department of Environment and Resource Management (DERM). Following the meeting GHD Coastal Engineers undertook a detailed inspection of the condition of the existing shoreline and seawall. The existing wall was determined to be in poor condition and did not exhibit any of the features required for a stable well-built seawall. The following was observed:
The majority of the armour rocks in the wall do not interlock and are loose and unstable. A number of individual stones are subject to dislodgement. Loose and unstable rocks present a serious hazard to the general public who may walk on the seawall particularly during mid to high tides when the fronting shoreline is submerged;
The construction method appears to be by ‘end tipping’ from the road with no real
attempts to place rocks to ensure three point interlocking as would be required for a stable seawall. The size of the armour rock is quite variable ranging from large rocks which appear to be in of sufficient size to withstand storm conditions;
Efforts to stabilise the wall in some sections have been attempted using concrete
that has been poured over the rock surface, however there is cracking within these sections showing that the seawall remains unstable;
The current state of the wall will lead to further erosion and slope instability, particularly during storm events;
The face of the existing seawall is too steep to be stable under storm conditions;
With the steep nature of the wall, poor interlocking of rocks and no secondary
armour rock or filter layers the wall is highly susceptible to collapse and is hazardous to the general public.
Given the instability of the current wall, its lack of filter rock or geotextile, GHD and Council determined that remediation works will still leave a wall with inherent problems. To provide suitable protection for the Machans Beach foreshore it is proposed to construct a new wall that will provide long-term protection and stability. Rock from the existing wall will be able to be used as either armour or filter rock subject to suitability of size. GHD has explored a number of design options with Council; the preferred option is presented within this application which is designed to offer suitable protection from storm events and overtopping. Proposal The proposal includes the construction of a new seawall with a 1 in 2 slope and a 4 m wide crest at RL 4.0 AHD to prevent erosion from overtopping. To withstand extreme wave conditions two layers of 2- 3 tonne armour rock is required. A secondary filter layer and geotextile is also required to provide adequate protection from storm conditions and maintain a 50 year design life. When the existing wall is removed some fill and drainage material will be required to build up the profile. Currently beach access is provided via 8 concrete stairs located at various points along O’Shea Esplanade, which will be removed as a result of the works required to upgrade the seawall. Therefore new replacement access points been provided with the seawall upgrade. Given the public is used to the 8 existing defined access points across the wall to the beach the design includes new access points in similar locations. The pedestrian path has been designed to serve a dual purpose. To allow the seawall crest to be kept to a minimum, the path has been designed to act as a dissipater and return for overtopping water and provide scour protection to the area immediately landward of the crest of the wall. The pedestrian path will also be acceptable for use by pedestrians in all but extreme storm events. Construction using a temporary working platform that is then to be removed and incorporated into the construction of the wall limits the staging of the works. This construction method allows for the staging of the construction works to suit budget / funding constraints.
Assessment Vegetation: The proposed development will require the removal of some existing vegetation and the trimming of some trees in order to follow the new alignment. The alignment of the proposed seawall has been chosen to minimise the removal of trees and to maintain appropriate pavement widths along O’Shea Esplanade. In other areas of the site, every effort will be made to retain existing trees, and appropriate landscaping will be established after the seawall is in place. IDAS CODE FOR PRESCRIBED TIDAL WORK Schedule 4A of the Coastal Protection and Management Regulation 2003 is the IDAS code for development applications for prescribed tidal work. It is considered that the proposal complies with the Code for prescribed tidal work in particular, meeting the purpose of the code which states: The purpose of this code is to ensure prescribed tidal work for which it applies –
(a) is compatible with the character and amenity of its surrounding area; and
(b) is designed and constructed in a way to ensure it is structurally sound; and
(c) is safe for use; and
(d) is adequately serviced with infrastructure, including, for example, infrastructure for the supply of water or the discharge of sewage; and
(e) involves only minimal use of tidal water in a canal, for a non-maritime purpose; and
(f) does not cause a significant adverse effect to any of the following –
(i) existing public access to any foreshores or any tidal water;(ii) navigable access to, or navigable egress from, any non-tidal work lot; (iii) the natural features of any tidal water, including, for example, the water
quality and bed and banks of the tidal water; (iv) the structural integrity, operation or maintenance of any existing structure.
A summary of the proposal’s compliance with the Prescribed Tidal Work Code is identified below. IDAS Prescribed Tidal Work Code (section of Schedule 4A) – Relevant Sections
Character and amenity (generally)—prescribed tidal work not in a canal S2.1 Character and Amenity (General))prescribed tidal work not in a canal
Complies The present proposal is similar to the existing seawall on O’Shea Esplanade.
Character and amenity (height, scale and size) 3.1 Prescribed tidal work is of a height, scale and size to ensure the work is compatible with the character and amenity of its location.
Complies There are no planning scheme requirements that specify the height, scale or size. Those elements will be similar to the existing seawall and as such the proposal will complement the character and amenity of the area.
Character and amenity (materials and colours) 4.1 The materials used for, and the colours of, prescribed tidal work are compatible with the character and amenity of the work’s location.
Complies The seawall is to be constructed of similar materials used for the existing seawall.
Lighting5.1 Lighting, other than an aid to navigation, for prescribed tidal work is installed in a way to ensure the security and safe use of the work without causing significant adverse effects on the amenity of the locality within which the work is located.
Complies No lighting is proposed
Signage6.1 A sign erected or otherwise placed in position for prescribed tidal work, other than a sign erected or placed for safety reasons or under an Act-
Complies
No signage other than for safety reasons is proposed.
Earthwork and vegetation 7.1 Excavation and filling for prescribed tidal work— (a) is carried out only to the extent reasonably necessary for the work; and (b) does not have a significant adverse effect on— (i) the natural features of the tidal water under, within or over which the work is located; or (ii) the level of the surface of the land under the tidal water under, within or over which the work is located, or any foreshores near the work.
Complies Only a small amount of excavation is required for the toe of the wall. It will not have a significant adverse effect on the natural features.
7.2 The location of prescribed tidal work ensures vegetation is cleared or disturbed only to the extent reasonably necessary for the work.
Complies The clearing of tree will beminimised for as much aspractical and should any treebe removed, an adequatereplacement must be provided.
7.3 Any vegetation damaged, destroyed or removed by prescribed tidal work under, within or over tidal water other than an artificial waterway, is replaced with appropriate vegetation.
Complies The clearing of tree will beminimised for as much aspractical and should any treebe removed, an adequatereplacement must be provided
Public access—availability 8.1 Prescribed tidal work does not have a significant adverse effect on the availability of public access to foreshores, including public access proposed in the relevant planning scheme.
Complies The development will replace a section of the existing seawall which included eight beach public accesses. The proposed plans include a replacement for each of the beach access in an appropriate location.
Public access—safety 9.1 The location and design of prescribed tidal work does not adversely affect the safety of members of the public accessing the foreshores.
Complies The development will replace a section of the existing seawall which included eight beach public accesses. The proposed plans include a replacement for each of the beach access in an appropriate location.
Navigable access to, or egress from, non-tidal work lots 10.1 Prescribed tidal work does not adversely affect navigable access to, or navigable egress from, any non-tidal work lot.
Complies The proposed Seawall doesnot impede any navigableaccess to non-tidal lots.
Infrastructure, including, access, parking, sewerage and water services 11.1 Prescribed tidal work has appropriate infrastructure, including, in particular, road access, parking facilities, sewerage services and water services.
Complies The Development was conditioned appropriately.
Design, construction and safety—all prescribed tidal work 12.1 Prescribed tidal work is designed and constructed in a way to ensure it is structurally sound.
Complies The drawings have been certified by a RPEQ engineer and are to relevant standards.
12.2 Prescribed tidal work does not adversely affect the structural integrity of any existing revetment or seawall or another existing structure.
Complies The proposal is similar in nature to the existing seawall.
12.3 Prescribed tidal work is designed and constructed in a way to ensure it does not adversely affect the stability of the bed and banks of any tidal water.
Complies The drawings have been certified by a RPEQ engineer and are to relevant standards. The design and safety of the proposal is fundamental on a registered professional engineer on certifying the design. A condition has been placed on the approval requiring a certificate of completion of works, certifying that the seawall has been constructed in accordance with all conditions and relevant codes. Upon receipt of the certificate, the Seawall may be opened to public access. This is considered to ensure full compliance with the Code.
12.4 Prescribed tidal work is designed and constructed using materials having a long life in marine environments.
Complies
The seawall will be constructed using rock and geotextile fibre. Both materials and design will enable a long life in a marine environment.
12.5 Prescribed tidal work is designed and constructed in a way to ensure it does not adversely affect the operation or maintenance of any existing stormwater outlet.
Complies
Stormwater outlets wereconsidered in the new design
12.6 Prescribed tidal work is designed and constructed in a way to ensure it does not adversely affect the water quality of any tidal water.
Complies
The proposal was appropriately conditioned.
12.7 Prescribed tidal work is designed and constructed in a way to ensure it is safe for persons standing or walking on the work.
Complies
Construction will respect the relevant safety standards.
12.8 Appropriate measures are taken for prescribed tidal work for a non-private purpose to ensure an unsupportable live load is not applied to the work by persons or vehicles.
Complies
The seawall is to be constructed to the relevant standards.
Design, construction and safety—retaining walls, revetments and seawalls 19.1 Prescribed tidal work that is a retaining wall, revetment or seawall, is designed and constructed in a way to ensure it is able to support its intended loads, having regard to its relevant loading matters.
Complies
The seawall has been designed with the relevant loads considered.
19.2 Prescribed tidal work that is a retaining wall, revetment or seawall, is designed and constructed in a way to ensure it can withstand— (a) any tendency of overturning or sliding; and (b) any other effects of waves or changes in water levels on the retaining wall, revetment or seawall.
Complies
The seawall has been designed to withstand the effects of waves and storm events.
19.3 Prescribed tidal work that is a retaining wall, revetment or seawall not founded upon rock, is designed and constructed to protect the seaward side of retaining wall, revetment or seawall from erosion.
Complies
The seawall has been designed with a sub-layer and with the effects of erosion considered
19.4 Prescribed tidal work that is a retaining wall, revetment or seawall, is not adversely affected by hydrostatic pressure behind the retaining wall, revetment or seawall.
Complies
The hydrostatic pressure will not adversely be affected by hydrostatic pressure.
CairnsPlan Matters Operational Work for prescribed tidal work is not assessable against CairnsPlan. Referral Agency Comments The development application was referred to Queensland Transport (Maritime Safety QLD). Queensland Transport advised that as a concurrence agency it did not have any objection to the proposal subject to the inclusion of a number of conditions being placed on the approval. These have been referenced under the Concurrence Agency Conditions. The Department of Environment and Heritage Protection assessed the development application as a Concurrence Agency. The Department advised that a number of conditions must be imposed on any development approval. These have been referenced under the Concurrence Agency Conditions. The application was referred to the Department of Agriculture, Fisheries and Forestry as an Advice Agency due to its proximity to a declared fish area. The proposal was deemed to have no adverse impact and no advice or recommendations were provided.
The application was referred to Ports North as an Advice Agency for works within the Strategic Port Land below High Water Mark and within the Limits of a port. As no response was referred to date and the response period has expired, it is recommended that the application be approved. Public Notification The proposal was not required to be Publicly Notified as per the Sustainable Planning Act 2009. However, due to the scale of the proposed infrastructure, Public Consultation was undertaken. A preliminary design option was available for viewing on Council’s webpage and these designs were presented at a number of meetings during 2011 and 2012 at the Machans Beach Community Association. A mail out was also conducted to inform the local residents. As such, it is recognised that there is a certain awareness of the proposal within the community.
Currency Period
Due to the extensive works and the staged natured of the proposal, it is recommended that a period of more than the standard four years of Currency Period be granted in order to insure that the Development Permit will last for the duration of the works. After discussion with the Infrastructure Services Branch, it was determined that a period of six (6) years would be more appropriate.
HEADWORKS / CONTRIBUTIONS: The proposed development does not trigger Developer’s Headwork’s Contributions. Gerard Rosse Planning Officer Action Officer Neil Beck Acting Manager Development Assessment
