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Attachment 1B - Approval 2006-2237 - Stage 2B
Attached to the e-mail MCU16/0075 Development Application - 90 Beach Road Noosa North Shore.
Officer: Tracy Jones
Direct Telephone: (07) 5449 5228
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2006/2237
Your Reference: C1384
16 September 2010
Wolter Consulting Group
PO Box 436
NEW FARM QLD 4005
Dear Sir
Change to Existing Approval
Sustainable Planning Act 2009
I refer to your request dated 19 May 2010 to make a permissible change to an existing approval
granted on 19 April 2007. On 15 September 2010, Council decided your requested changes.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2006/2237
Street address: 25/90 Beach Road, Noosa North Shore
Real property description: Lot 0-48 SP 215779
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 19 April 2007 decided to issue the following type of approval:-
Development Permit for Material Change of Use - 24 Eco Cabins - Stage 2B
In relation to the request to make a change to the existing approval, Council on 28 January 2009
decided to:
A. Approve a change to Condition 8
B. Issue a Change to an Existing Approval
In relation to the request to make a change to the existing approval, Council on 15 September 2010
decided to:
A. Approve a change to Condition 6
B. Issue a Change to an Existing Approval
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is identified in the Assessment Manager
conditions.
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2006/2237
4 CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
Land Use
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are:-
1.1. Stage 2 Construction Zone Plan numbered C589-23 Issue E prepared by Wolter
Consulting Group and undated;
1.2. Stage 2 Tree Clearing Plan numbered 50610 Drawing 1 of 1 Issue B prepared by
Terrain Consultants and dated March 2007;
1.3. Lot 25 – 50302B/25/01 to 50302B/25/08 Issue DA prepared by Gall & Medek Architects
Pty Ltd and dated 29 September 2006;
1.4. Lot 26 – A-DA-01 to A-DA-13 Revision A prepared by Deicke Richards Architecture and
dated September 2006;
1.5. Lot 27 – 100-00 Revision 4, 100-01 Revision 1, 100-02 Revision 1, 200-00 Revision 5,
200-01 Revision 5, 210-00 Revision 1, 300-00 Revision 4, 300-01 Revision 4, 300-02
Revision 4, 300-03 Revision 4, 400-00 Revision 1 prepared by Arkhefield and dated 16
October 2006;
1.6. Lot 28 – 50302B/28/01 to 50302B/28/10 Issue DA prepared by Gall & Medek Architects
Pty Ltd and dated 29 September 2006;
1.7. Lot 29 – SK-1 to SK-9 Issue A prepared by John Cameron Architect and dated 29
September 2006;
1.8. Lot 30 – A30-1.00 dated 31 March 2006, A30-1.01 dated 31 March 2006, A30-1.10
dated 5 May 2006, A30-1.11 dated 5 May 2006, A30-2.01 dated 31 March 2006, A30-
2.02 dated 31 March 2006, A30-2.03 dated 31 March 2006, A30-3.01 dated 31 March
2006, A30-3.02 dated 31 March 2006, A30-3.03 dated 31 March 2006, A30-3.04 dated
31 March 2006, A30-4.01 dated 31 March 2006 Issue 01 and prepared by Planit
Architecture & Management;
1.9. Lot 31 – A31-1.00 dated 31 March 2006, A31-1.01 dated 31 March 2006, A31-1.10
dated 5 May 2006, A31-1.11 dated 5 May 2006, A31-2.01 dated 31 March 2006, A31-
2.02 dated 31 March 2006, A31-2.03 dated 31 March 2006, A31-3.01 dated 31 March
2006, A31-3.02 dated 31 March 2006, A31-3.03 dated 31 March 2006, A31-3.04 dated
31 March 2006, A31-4.01 dated 31 March 2006 Issue 01 and prepared by Planit
Architecture & Management;
1.10. Lot 32 – 32, 32-1 to 32-13 Issue DA prepared by Bark Design Architects and dated 19
September 2006;
1.11. Lot 33 – A-DA-15 to A-DA-28 Revision A prepared by Deicke Richards Architecture and
dated September 2006;
1.12. Lot 34 – 100-00 Revision 4, 100-01 Revision 1, 100-02 Revision 1, 200-00 Revision 5,
200-01 Revision 5, 200-02 Revision 5, 210-00 Revision 1, 300-00 Revision 4, 300-01
Revision 4, 300-02 Revision 4, 300-03 Revision 4, 400-00 Revision 1 prepared by
Arkhefield and dated 16 October 2006;
1.13. Lot 35 – A35-1.00 dated 31 March 2006, A35-1.01A dated 24 January 2007, A35-1.10
dated 5 May 2006, A35-1.11 dated 5 May 2006, A35-2.01 dated 31 March 2006, A35-
2.02 dated 31 March 2006, A35-2.03 dated 31 March 2006, A35-3.01 dated 19 April
2006, A35-3.02 dated 19 April 2006, A35-3.03 dated 19 April 2006, A35-3.04 dated 19
April 2006, A35-4.01 dated 31 March 2006 Issue 01 and prepared by Planit Architecture
& Management;
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2006/2237
1.14. Lot 36 – DA-L36-001 to DA-L36-009 Issue A prepared by Malone Buchan Laird &
Bawden Pty Ltd and dated October 2006;
1.15. Lot 37 – 50302B/37/01 to 50302B/37/09 Issue DA prepared by Gall Medek Architects
Pty Ltd and dated 29 September 2006;
1.16. Lot 38 – 100-00 Revision 5, 100-01 Revision 1, 100-02 Revision 1, 200-00 Revision 6,
200-01 Revision 6, 200-02 Revision 3, 210-00 Revision 1, 300-00 Revision 6, 300-01
Revision 6, 300-02 Revision 6, 300-03 Revision 6, 400-00 Revision 1 prepared by
Arkhefield and dated 16 October 2006;
1.17. Lot 39 – DA-L39-001 Issue B dated 4 October 2006, DA-L39-002 Issue A and DA-L39-
003 Issue A datd September 2006, DA-L39-004 Issue B, DA-L39-005 Issue B and DA-
L39-006 Issue B dated 4 October 2006, DA-L39-007 Issue A, DA-L39-008 Issue A, DA-
L39-009 Issue A, DA-L39-010 Issue A, DA-L39-011 Issue A dated September 2006 and
prepared by Malone Buchan Laird & Bawden Pty Ltd;
1.18. Lot 40 – A-DA-30 to A-DA-42 Revision A prepared by Deicke Richards Architecture and
dated September 2006;
1.19. Lot 41 – DA-L41-001 to DA-L41-011 Issue A prepared by Malone Buchan Laird &
Bawden Pty Ltd and dated September 2006;
1.20. Lot 42 – 42, 42-1 to 42-12 Issue DA prepared by Bark Design Architects and dated 19
September 2006;
1.21. Lot 43 – 100-00 Revision 4, 100-01 Revision 1, 100-02 Revision 1, 200-00 Revision 5,
200-01 Revision 5, 210-00 Revision 1, 300-00 Revision 4, 300-01 Revision 4, 300-02
Revision 4, 300-03 Revision 4, 400-00 Revision 1 prepared by Arkhefield and dated 16
October 2006;
1.22. Lot 44 – A44-1.01, A44-1.10, A44-1.11, A44-2.01, A44-2.02, A44-2.03, A44-3.01, A44-
3.02, A44-3.03, A44-3.04, A44-4.01 prepared by Planit Architecture & Management and
undated;
1.23. Lot 45 – 45, 45-1 to 45-11 Issue DA prepared by Bark Design Architects and dated 19
September 2006;
1.24. Lot 46 – 100-00 Revision 4, 100-01 Revision 1, 100-02 Revision 1, 200-00 Revision 5,
200-01 Revision 5, 210-00 Revision 1, 300-00 Revision 4, 300-01 Revision 4, 300-02
Revision 4, 300-03 Revision 4, 400-00 Revision 1 prepared by Arkhefield and dated 16
October 2006;
1.25. Lot 47 – 100-00 Revision 4, 100-01 Revision 1, 100-02 Revision 1, 200-00 Revision 4,
200-01 Revision 4, 210-00 Revision 1, 300-00 Revision 4, 300-01 Revision 4, 300-02
Revision 4, 300-03 Revision 4, 400-00 Revision 1 prepared by Arkhefield and dated 16
October 2006;
1.26. Lot 48 – A-DA-44 to – A-DA-56 Revision A prepared by Deicke Richards Architecture
and dated September 2006;
and as may be amended by these conditions.
2. No development and/or works shall be undertaken outside the Stage Boundary identified on
the Construction Disturbance Zone Plan numbered C589-23 Issue E prepared by Wolter
Consulting Group and undated and Stage 2 Tree Clearing Plan numbered 50610 Drawing 1 of
1 Issue B prepared by Terrain Consultants and dated March 2007, apart from the future road
for construction access to Stage 2 which may be cleared and slashed to a 5 metre width
subject to approval at Operational Works Stage.
3. All vegetation shall be retained and rehabilitated in accordance with approved Conservation
Precinct and Ecological Restoration Technical Reports pursuant to the Noosa North Shore
Eco-Tourism Portal Development Code, and include at a minimum:
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3.1 All vegetation outside the Disturbance Zones, Road Corridor and Future Road as shown
on Stage 2 Tree Clearing Plan numbered 50610 Drawing 1 of 1 Issue B prepared by
Terrain Consultants and dated March 2007; and
3.2 All surveyed trees, unless otherwise shown for removal, within the areas identified on
the Disturbance Zones, Road Corridor and Future Road as shown on Stage 2 Tree
Clearing Plan numbered 50610 Drawing 1 of 1 Issue B prepared by Terrain Consultants
and dated March 2007; and
3.3 All vegetation within the Disturbance Zones identified for retention by Council on
inspection after the Stage 2 Building Footprints including areas within 3 metres of these
building footprints is cleared. This vegetation shall comprise significant clumps of
vegetation, grass trees, vegetation associated with rock outcrops, any other significant
individual tree not currently mapped or any other vegetation not needing to be
disturbed.
3.4 Access exclusion fences shall be erected prior to the commencement of any works
along the boundary to the Conservation Precinct, the Disturbance Zones as identified
on the Stage 2 Tree Clearing Plan numbered 50610 Drawing 1 of 1 Issue B prepared by
Terrain Consultants and dated March 2007 and any vegetation identified to be retained
by conditions 3.2 and 3.3.
4. The Stage 2 area as identified on the Stage 2 Tree Clearing Plan numbered 50610 Drawing 1
of 1 Issue B prepared by Terrain Consultants and dated March 2007 shall be ecologically
restored in accordance with an approved Ecological Restoration Technical Report pursuant to
the Noosa North Shore Eco-Tourism Portal Development Code. A 3 metre setback from the
Building Footprints may be excluded from this ecological restoration requirement to permit an
access path for maintenance of the Eco-cabin.
5. Clearing of vegetation shall be in accordance with an Environmental Management Plan and
Fire Management Technical Report pursuant to the Noosa North Shore Eco-Tourism Portal
Development Code and may include:-
5.1 The Stage 2 Building Footprints as identified on the Stage 2 Tree Clearing Plan
numbered 50610 Drawing 1 of 1 Issue B prepared by Terrain Consultants and dated
March 2007;
5.2 A 3 metre setback around the Stage 2 Building Footprints, excluding trees nominated
for retention on the Stage 2 Tree Clearing Plan numbered 50610 Drawing 1 of 1 Issue B
prepared by Terrain Consultants and dated March 2007;
5.3 The Stage 2 Building Footprints as identified on Stage 2 Tree Clearing Plan numbered
50610 Drawing 1 of 1 Issue B prepared by Terrain Consultants and dated March 2007,
where limited to vegetation disturbance to permit the set-down of construction materials,
crane area, tradesmen’s cars, skip bin, and truck deliveries and excluding all trees and
vegetation identified to be retained in accordance with Condition no. 3.3.
5.4 The area for the Sewer Service Line and House Sewer Service Line as identified on
Stage 2 Tree Clearing Plan numbered 50610 Drawing 1 of 1 Issue B prepared by
Terrain Consultants and dated March 2007. Where practical the sewer house
connection drains shall be located within the Stage 2 Building Footprints Area –
driveway;
5.5 The Road Corridor and Future Road as identified on the Stage 2 Tree Clearing Plan
numbered 50610 Drawing 1 of 1 Issue B prepared by Terrain Consultants and dated
March 2007;
5.6 The Bush Fire Buffer Zone as identified on the Stage 2 Tree Clearing Plan numbered
50610 Drawing 1 of 1 Issue B prepared by Terrain Consultants and dated March 2007,
and may include removal of understorey vegetation, selective clearing of dead trees and
a 5m wide cleared fire trail, with passing bays.
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6. The Eco-cabins shall be for short term visitor accommodation only, with no person permitted
to occupy the Eco-cabins for the purposes of permanent accommodation in accordance with
the Noosa North Shore Eco-Tourism Portal Development Code.
7. The Community Management Statement shall include provisions making specific reference to
this approval and in particular the permitted use of the Eco-cabins; and the measures
contained in approved Technical Reports and Environmental Management Plan that manage
the potential threat of bushfire; maintain sewer and water infrastructure; and ensure the
protection of the environmental values of the site. Titles for individual Eco-cabins shall be
limited to the Eco-cabin building only and not include courtyards or the like.
8. A verification survey of Eco-cabins is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of work confirming compliance with the maximum
allowable building height of 9 meters, apart from Eco-cabins on Lots 28, 32, 33, 34, 36, and 40
pursuant to the Noosa North Shore Eco-Tourism Portal Development code. A verification
survey for Eco-Cabins on Lots 28, 32, 33, 34, 36 and 40 shall verify their height is in
accordance with the approved plans.
9. Advertising signage shall be designed and sited in accordance with the Noosa North Shore
Eco-Tourism Portal Development Code. Plans of the proposed advertising signage shall be
submitted with an application for Operational Works.
10. Plantation timbers shall be used in all buildings in accordance with Overall Outcome 008b),
with all external colours to be muted earth tones drawn from the natural setting of the site
pursuant to Overall Outcome 005 of the Noosa North Shore Eco-Tourism Portal Development
Code.
11. All Eco-cabins shall incorporate water sensitive design including consistency with
AS1547:2000 Appendix 4.2D and Overall Outcome 008c) of the Noosa North Shore Eco-
Tourism Portal Development Code.
12. Renewable resources and low energy consumption principles shall provide a minimum of 50%
of the 24 Eco-cabins power, cooking and heating needs in accordance with Overall Outcome
008d) of the Noosa North Shore Eco-Tourism Portal Development Code.
13. All open windows of the 24 Eco-cabins shall be screened to reduce the impact of biting
insects.
14. A minimum of one bicycle shall be provided for each Eco-cabin.
15. A network of pedestrian and bikeways shall be provided in accordance with Overall Outcome
13a) of the Noosa North Shore Eco-Tourism Portal Development Code. A plan of this network
shall be submitted for assessment with an application for Operational Works.
16. A fully accessible shuttle facility operating as a free service available to the general public and
servicing the development on Lot 2 RP 135678 and the Eco-cabins and Village Green
Recreation Centre shall be provided in accordance with 0013d) of the Noosa North Shore
Eco-Tourism Portal Development Code. A timetable for the shuttle bus servicing the East
Development Zone shall be provided with the application for Operational Works.
17. Apart from emergency or service vehicles, access to the Conservation Precinct shall be taken
from the west access point for the East Development Zone, with access ways to
predominantly following existing tracks pursuant to the Noosa North Shore Eco-Tourism Portal
Development Code.
18. The use of Eco-cabins within Stage 2 may not commencement until such time that the Eco-
centre is operational.
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2006/2237
19. Revised plans shall be submitted for Eco-cabins on Lots 36 & 43 prior to the issue of
Operational Works, demonstrating compliance with energy efficiency outcomes of the Code
(Overall Outcome 8). In this regard, revised plans shall demonstrate the provision of eaves,
overhangs and shade elements over the northern, eastern and western sides for Eco-cabins
on Lots 36 and 43.
20. Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 must be
submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for Operational Works. 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.
21. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
this approval to effect compliance with conditions.
22. The Development Permit for a material change of use of premises lapses if the use has not
happened by 19 April 2011, unless an application to extend the currency is approved by
Council.
23. The developer must obtain all of the other Development Permits referred to in the Decision
Notice, prior to obtaining a Development Permit for Building Works.
Land Development
Vehicle Access
24. The applicant shall provide details of construction access arrangements to Stage Two that will
ensure minimal impacts to residents in Stage 1. A plan showing access arrangements shall be
submitted in conjunction with an Operational Works application and shall be included within
the Traffic Management Plan.
25. The applicant shall submit details of when Service Vehicle Access D will be constructed and
indicative alignment in conjunction with an Operational Works application.
26. Vegetation clearing required for the construction of internal roadways shall be in accordance
with the plan “Stage 2: Noosa North Shore – Beach Road Holiday Homes Tree Clearing Plan
Job No.50610” dated October 2006 and prepared by Terrain. The trees to be removed shall
be marked in accordance with the Site Works plan and a joint inspection shall occur prior to
Operational Works clearing commencing.
Stormwater Management
27. The applicant shall use permeable surfaces for low turnover parking areas, low use access
ways and shall investigate the possibility of reducing impermeable surfaces throughout Stage
1 in accordance with OO11b).
28. Detailed drawings shall be submitted with the Operational Works Application demonstrating
that the access ways, driveways and parking surfaces are designed to maintain existing
drainage patterns and avoid concentrating stormwater flows.
Pedestrian Access
29. The applicant shall submit an Integrated Movement Plan showing safe pedestrian and cycle
movements in accordance with the requirements of Queensland Streets and to demonstrate
compliance with OO14 of the Noosa North Shore Eco-Tourism Portal Development Code. It is
envisaged that this plan shall be incorporated into an amended Traffic Management Plan and
may involve an off-road pathway.
Sewer Infrastructure
30. The internal sewerage reticulation system, including pump stations shall be constructed to the
Standards and Requirements as detailed in the Plumbing and Drainage Act 2002.
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31. The internal sewerage reticulation system shall be designated as “private sewers” with all
operations and maintenance requirements the responsibility of the property owner/body
corporate.
32. Sewer house connection drains shall be located within the disturbance area for the driveway if
practicable.
33. Occupation of the eco-cabins and/or leisure centre shall not commence until such time as the
sewerage system is fully operational and connected to a permanent sewerage treatment
facility and disposal area as approved by the EPA.
Water supply
34. Water supply infrastructure shall be designed to ensure consistency with OO8c), OO15,
Section 6.4 and Schedule F – 9.6.10 of the Noosa North Shore Eco-Tourism Portal
Development Code.
Roadworks Contributions (Local Road Network)
35. A roadworks contribution of $14,316 towards the upgrading of Moorindil Street shall be paid to
the Council prior to the commencement of the use of Stage Two. This amount will be subject
to variations in the Consumer Price Index, All Groups Brisbane from December 2006 until the
date of payment. The money will be used to assist Council with the cost of roundabout
improvements along Moorindil Street.
Erosion and Sediment Control
36. Any person acting on this permit shall prevent erosion and sediment export from leaving the
site. Site control measures such as silt fencing, controlled gravel access to the site and
controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to
be submitted to the Council for approval prior to obtaining a Development Permit for
Operational Works.
Management Plans
37. The applicant shall submit reports for Stage Two in accordance with the Environmental
Management Strategy as outlined in Section 6 of the Noosa North Shore Eco-Tourism Portal
Development Code, unless previously approved by Council for all stages. These reports shall
be submitted for approval in conjunction with Operational Works application for Stage Two.
General
38. Any damage caused to any public utility during the course of construction shall be repaired to
Council’s standards and at no cost to Council.
39. Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site shall be at no cost to Council.
40. The transportation of all materials to and from the site shall be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying materials either to or
from the site shall be covered to prevent materials including dust being windblown from the
vehicle.
Environmental Health
41. The developer must provide waste storage and disposal facilities at this development in
accordance with Planning Scheme Policy “Waste Management Multi-Dwellings and
Commercial and Industrial Premises”, including an external imperviously paved area correctly
sized for all refuse and recycling containers and suitably screened from public places and
neighboring properties. A wash down area is required with a cold-water tap, hose and drain
outlet connected to septic system or approved absorption trench. The drain outlet is to be
designed to prevent storm water entry to the absorption trench.
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2006/2237
42. Refuse containers must be provided in accordance with the requirements of the Environmental
Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for
the storage and collection of refuse.
43. Should on site collection be required the development must allow refuse-loading areas to be
located off street. All vehicles associated with the collection of waste/recyclables, shall enter
and leave the site safely in a forward direction.
44. A Waste Management Plan (Operational) in accordance with the Noosa North Shore Eco-
Tourism Portal Development, must be submitted for the day-to-day operation of the
development and approved by Council’s Environmental Health Section prior to issue of
development permit for operational works.
45. A Waste Management Plan (Demolition/Construction) in accordance with Planning Scheme
Policy “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, shall
be submitted for the demolition and construction phases of the development and approved by
Council’s Environmental Health Section prior to the issue of the development permit for
operational works. The Plan shall contain the following information:
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site *specify Off-site *specify *specify
materials volume proposed re-use or on- contractor and contractor and
(m³) site recycling methods recycling outlet landfill site
Excavation
material
Green waste
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals - please
specify
Asbestos
Other - please
specify
Note: Details of site area to be used for onsite separation, treatment and storage (including
weather protection) shall be provided on the plan drawings accompanying your application.
46. Noise from building works associated with the development shall comply with the following –
46.1 Limited to between 7:00am to 6:30pm Monday to Saturday.
46.2 All reasonable measures are taken to minimise noise emissions.
46.3 Not permitted on Sunday or public holidays.
47. A copy of a management document for the treatment of all potable water is to be submitted to
Council for approval by the Manager of Environmental Health, prior to occupation and use.
The plan must address the following key considerations.
Potable water
47.1 Water supply to the Leisure Centre and rented units that may be used for human
consumption is to be suitably treated and disinfected to ensure it is of potable standards.
Potable water must comply with the National Health and Medical Research Council
(NHMRC) guidelines for drinking water.
Regular testing must be undertaken to ensure quality of supply is achievable & maintained.
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47.2 Samples for chemical analysis shall be taken prior to occupation the units and Leisure
centre and thereafter annually, if any parameters are above drinking quality guidelines.
47.3 Samples for bacteriological analysis shall be taken prior to occupation and thereafter at
12 months intervals, with results forwarded to Council.
47.4 Should the results show non-compliance with the NHRMC guidelines to the detriment of
human health, immediate action is to be taken to make the water safe to drink.
Protecting the supply
47.5 Installation of gutter guard, first flush or other suitable methods to reduce entry of
organic matter and dust.
47.6 The installation of mosquito control screening on all tank inlets and discharge pipes.
Maintenance of the water infrastructure
47.7 A program for the regular servicing of any equipment installed.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Clearing native Concurrence Department of Ecoaccess Customer
vegetation Environment and Service Unit
Resource PO Box 15155
Management CITY EAST QLD 4002
Please refer to the Change to Existing Approval dated 30 January 2009 for a copy of any referral
agency responses prior to this application.
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the Assessment
Manager conditions.
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. The applicant is informed that payment via credit card transaction will not be an acceptable
method of payment for development contributions conditioned in this permit or for
infrastructure charge notices issued separately.
2. The applicant is advised that a Compliance Permit for all potable water supply, recycled water,
plumbing and drainage works within the boundaries of the development site shall be obtained
from Council’s Plumbing Services Section prior to obtaining a Development Permit for Building
Works. Separate water supply and sewerage hydraulic drawings shall be submitted detailing
all internal plumbing installations for water and sewer house drainage for approval, as part of
the building application process, and in accordance with the Plumbing and Drainage Act 2002.
3. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if
the cost of operational works exceeds $80,000, then a portable long service leave levy is
required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
the approved form issued by the Building and Construction Industry (Portable Long Service
Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory
declaration outlining the cost of the operational works must be submitted to Council with the
lodgement of any application for operational works over the site.
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2006/2237
4. Prior to the commencement of the development, a plumbing assessment must be obtained
from Noosa Council’s Plumbing Services Section in accordance with the Plumbing & Drainage
Act 2002 (as applicable).
5. The plans for the proposed building work have not been assessed for compliance with the
requirements of the Building Code of Australia as they relate to people with disabilities. Your
attention is drawn to the matter that either or both the Disability Discrimination Act 1992
(commonwealth) and the Anti-Discrimination Act 1991(Queensland) may impact on the
proposed building work.
Noosa Council recommends that the following matters be considered to address equitable
access and facilities in the building:-
5.1 The building and environs should be designed to meet the requirements of the Human
Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and
AS1428.2;
5.2 Applicants should be aware that a “Disability Standard on Access to Premises is being
developed and most likely will result in changes to the Building Code of Australia;
5.3 Any services and facilities in the building complex must allow independent, dignified and
equitable use of the services and facilities for all people.
6. This proposal has not been assessed in relation to the spread of fire between properties /
buildings. It is the building certifiers responsibility to assess the requirements for fire services,
fire separation and appropriate methods of construction as part of the building works approval
process. Referral to the Queensland Fire and Rescue Service (QFRS) may be required as
part of the Building Approval process.
7. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint,
cement, concrete, builder’s waste or rubbish should not be permitted to enter or be placed
where it could reasonably be expected to move into a roadside gutter, storm water drain or a
watercourse. On the spot fines apply for such offences.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.
Your attention is also directed to the fact that in addition to the requirements of the Building Code of
Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact
on the proposed building work:
(a) The Disability Discrimination Act 1992 (Commonwealth)
(b) Anti-Discrimination Act 1991 (Queensland)
Sunshine Coast Regional Council recommends that the following matters be considered to address
equitable access and facilities in the building:
(a) The building and environs should be designed to meet the requirements of the Human
Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS
1428.2
(b) Applicants should be aware that a “Disability Standard on Access to premises” is currently
being developed and most likely will impose changes on the Building Code of Australia
(c) Any services and facilities in the building complex should allow independent, dignified and
equitable use of the services and facilities for all people.
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.
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2006/2237
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 Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not applicable.
9 PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not applicable.
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works All Building Works
Development Permit for Operational Landscaping, Access and/or Carparking, Site Civil
Works Works, Roadworks, Stormwater Drainage, Sewer
Reticulation (including mains, pump stations & rising
mains)
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.
15 OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on
line at www.sunshinecoast.qld.gov.au, or at Council offices.
DECISION NOTICE HISTORY
19 April 2007 Original Decision Notice
28 January 2009 Changes to an Existing Approval with amendment to Condition 8
15 September 2010 Change to an Existing Approval with amendment to Condition 6
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2006/2237
Yours faithfully,
Kerri Coyle
Coordinator Planning Applications - North
Enc: Appeal Rights
Referral Agency Response dated 7 September 2010
cc: DERM
Ecoaccess Customer Service Unit
PO Box 15155
CITY EAST QLD 4002
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Referral Agency Conditions
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
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2006/2237
Natural Resources and Water (NRW) — @
Referral agency response Queenstand
Given as per section 3.3.16 of the Integrated Planning Act 1997 (IPA) maize
Application information
Applicant’s name Wolter Consulting Group
Property description Lot 7 RP844337
Development type Material Change of Use (MCU)
Assessment manager Noosa Council — 2006/22337
Referral date 8 November 2006
NRW references eLVAS — 2006/012294
File —- GY V/000643
Trackjob — 1C1106GYM0005
Concurrence agency conditions
The chief executive of NRW directs the assessment manager to include the following
conditions in any development approval given for the above mentioned development
application—
1.
Soil erosion mitigation measures must be employed before, during, and following
all clearing that is to be undertaken as part of, or associated with, the MCU of Lot
7 on RP844337. The soil erosion mitigation measures must ensure that all clearing
undertaken as part of, or associated with, the MCU of Lot 7 on RP844337, does
not cause soil erosion that has adverse effects on the environment.
The relocation of soil that is to be undertaken as part of, or associated with, the
MCU of Lot 7 on RP844337, must be undertaken in a way that ensures that the
excavation, movement, and storage of relocated soil does not result in soil erosion
that has adverse effects on the environment. The relocation of soil must not
necessitate, involve, or result in the clearing of vegetation, unless the clearing is
defined as exempt development under Schedule 8, Part 1, Table 4 of the
Integrated Planning Act 1997.
The Material Change of Use for Lot 7 on RP844337— including establishment of
infrastructure—must remain consistent with the approved plan (Noosa North
Shore Housing — May 2006 - Deicke Richards - UD12-P2).
The approved plan is shown in figure 1.
Page 1 of 7
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NRW - Referral agency response-2006/012294
Figure 1 = Approved plan: Noosa North Shore Housing — May 2006 — Deicke
Richards — UD12-P2.
Reasons for the concurrence agency conditions
A statement of reasons, which details the reasons for the inclusion of conditions in
any development approval given for the development application, is attached to, and
forms part of, this referral agency response.
Aboriginal cultural heritage information
Under section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries
out an activity must take all reasonable and practicable measures to ensure the activity
does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”).
Maximum penalties for breaching the cultural heritage duty of care are $750 000 for a
corporation and $75 000 for an individual.
Applicants will comply with the cultural heritage duty of care in relation to Aboriginal
cultural heritage if they are acting in compliance with the cultural heritage duty of
care guidelines gazetted under the Aboriginal Cultural Heritage Act 2003, available
on the NRW website, or in accordance with an agreement with the Aboriginal party
for the area or a cultural heritage management plan approved under part 7 of the
Aboriginal Cultural Heritage Act 2003.
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NRW — Referral agency response-2006/012294
Applicants should also undertake a search of the Aboriginal Cultural Heritage
Database and the Aboriginal Cultural Heritage Register, administered by the Cultural
Heritage Coordination Unit, NRW. Application forms to undertake a free search of
the Aboriginal Cultural Heritage Database and the Aboriginal Cultural Heritage
Register may be obtained by contacting the Cultural Heritage Coordination Unit on
(07) 323 83838 or on the NRW website: www.nrm.qld.gov.aw/cultural_ heritage.
Delegated officer's signature
a ne.
A (CCB
“
Daniel Leo
Acting Senior Vegetation Management Officer
South East Region
24 January 2007
Attachment Schedule A — Statement of reasons
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Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable Planning Act 2009 (Chapter 6).
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.
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