Council archive · source document
Negotiated Decision Notice - 010.2007.00001446.001 [As Published] · 132007.1446
Officer: Daniel Smith
Direct Telephone: (07) 5449 5106
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2007/1446
Your Reference: 00792LO5 NG
1 April 2008
Res Bella Pty Ltd
CARE Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567
Dear Sir/Madam
Negotiated Decision Notice
Integrated Planning Act 1997
I refer to your application and the representations you made in respect to the Decision Notice. On 1
April 2008 Council decided your representations.
Details of the negotiated decision are as follows:
1 APPLICATION DETAILS
Application No: 2007/1446
Street address: 31 Grant Street, Noosa Heads & 29 Grant Street, Noosa Heads
Real property Lot 4 SP179879 & Lot 5 SP179879
description:
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 17 January 2008 decided to issue the following type of approval: -
Material Change of Use - Multiple Housing Type 2 Duplex
In relation to representations, Council decided to:
A. Agree to change Condition 13
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Permit is 4 years from the date that this development
approval takes effect.
4 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 numbered
Level 1 Plan 0703.4 SD.02 Issue D
Level 2 Plan 0703.4 SD.03 Issue D
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Level 3 Plan 0703.4 SD.04 Issue E
Elevations 0703.4 SD.05 Issue E
Elevations 0703.4 SD.06 Issue E
prepared by Ian Gorton Design and dated February 2007 and as may be amended by these
conditions.
2. The open space and setback areas are to be landscaped in accordance with Council’s Policy
on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably
qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to
the premises being occupied and maintained at all times thereafter. The submitted landscape
plan shall detail the following:
2.1 The proposed landscaped area between the front property boundary and the vehicle
turning area shall be a minimum depth of 2 metres and planted densely with
screening species of local origin.
2.2 The provision of dense vegetation of local origin along the side boundaries.
2.3 A minimum of four (4) x 100 litres species of local origin shall be planted either along
the rear boundary or the area of open space adjacent laneway at the rear of the site,
in order to replace existing vegetation that is required to be removed from the site.
3. All fencing shall be setback at least 1 metre from the front property boundary, with at least half
of the fencing setback 2 metres. The area of land between the fence and the front property
boundary shall be densely landscaped to screen any fencing from the street.
4. Existing trees on the site and within road reserves are to be retained, except where required to
be removed due to building operations or the conduct of the approved use. These landscape
plans required to be submitted are to denote areas of existing vegetation or existing trees
proposed or required to be retained.
5. Security in the form of a cash bond or trading bank guarantee to the sum of $10 000 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.
6. 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.
7. Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like,
thus remaining as open structures.
8. The store room depicted on Level 2 plan, shall only be used for storage or other like purpose.
It shall not be utilised as a habitable room.
9. The proposed development shall have all kitchen, laundry and bathroom fittings that comply
with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water
Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and
Drainage Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating
System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min.
Dishwashers and washing machines are excluded from this requirement.
10. The Development Permit for a material change of use of premises lapses if the use has not
happened by 17 January 2012, unless an application to extend the currency is approved by
Council.
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Building Services
11. Prior to the commencement of development, a Development Permit for building works must be
obtained.
12. The works must be undertaken in a manner that causes no detrimental effect upon the
amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in
accordance with the nuisance provisions of the Environmental Protection Regulation 1998 or
Council’s Local Law No. 12 – Control of Nuisances.
Land Development
Lot Amalgamation
13. All lots and parts of lots that form part of this application shall be amalgamated in accordance
with the Lot Reconfiguration Development Permit 07/1490. Further the lot reconfiguration shall
be in accordance with Section 3.7.3 of the Integrated Planning Act and the Plan of Survey
submitted for registration at the Land Titles Office. Proof of title being issued for the
amalgamated lot shall be submitted to Council prior t the issue of the Development Permit for
Operational works.
Vehicle Access
14. A vehicular access driveway to serve proposed unit 1 of the development shall be constructed
from the Grant Street frontage of the site with a maximum width of 4.5m. Vehicle access to the
proposed unit 2 of the development shall be from the existing access driveway at the rear of
the site.
15. The driveway shall be designed and constructed to Council’s design standards and to grades
that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians
movements along the footpath without any step or level difference. Should any driveways be
constructed to grades that do not comply with AS/NZS 2890.1-2004, Council will require that
the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is preferred
to have the footpath continue at a constant grade to minimise the potential for pedestrians to
trip or fall.
16. To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath,
the driveway and any associated fencing or vegetation near the driveway in Grant Street and
at the intersection of the rear access driveway and Banksia Avenue shall comply with the
minimum sight line requirements as defined in AS2890.1, section 3.2.4. The applicant shall
demonstrate compliance by illustrating these sight lines on the plans submitted for both
Operational Works approval and Building Works approval.
17. All vehicles shall enter and leave the site in a forward direction.
Car Parking
18. Carparking shall be provided within the site generally as shown on drawing number 0703.4
SD.02D dated February 2007 by Ian Gorton Design and drawing number 0703.4 SD.04D
dated February 2007 by Ian Gorton Design, except as modified herein.
19. A minimum of 4 covered carpark spaces shall be provided on site.
20. The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004
for user class 1A with allowance for vehicles to enter and leave the site in a forward gear and
with a minimum head clearance (headroom) at any point of 2.2m.
21. The proposed turning areas adjacent to the proposed level 1 and level 3 garaging shall be
sign posted to indicate that the area is a “Turning Area Only” and that “No Parking is
Permitted”. The type and location of the signage shall be clearly shown on any plans
submitted for Operational Works – Access and Carparking.
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22. All carparking shall be kept, maintained and sign posted in a condition fit for use.
23. and any drainage required to drain these areas shall also be shown on the plans.
Frontage Works
24. Footpath improvements such as topsoiling, grassing, and tree planting are required to the
Grant frontage of the site in accordance with Planning Scheme Policy PSP03 Landscaping
Plants & Guidelines. Grass shall be couch, free of weeds.
25. A contribution of $2,970 towards the construction of footpaths in the Grant Street local area
shall be paid to Council prior to obtaining a Development Permit for Operational Works. This
amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from
September 2007 until the date of payment.
26. All paths, driveways and turning areas shall be designed and constructed to ensure pedestrian
safety using non-slip materials, to produce an evenly graded surface finish, and to be in
accordance with the Disability Discrimination Act 1992 and Australian Standard 1428.1 Design
for Access & Mobility.
27. All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel,
footpath paving and landscaping such as trees and grasses in accordance with Council’s
Standard specifications prior to commencement of the use permitted by this permit.
Roof Water & Stormwater Drainage
28. Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank
(minimum storage 3000 litres per attached dwelling/unit) that is installed to ensure water from
the tank is used for external uses (such as watering gardens, irrigation, ornamental ponds,
water features, topping-up swimming pools, outdoor cleaning, etc) and for use in flushing of
toilets internal to the dwelling. All rainwater tanks are to be designed and installed in
accordance with the Queensland Development Code (QDC), Part 25 – Rainwater Tanks, and
shall be part of the plumbing application in conjunction with the building approval. The
location and capacity of the tanks shall be clearly shown on the plans submitted for Building
Works / Operational Works approval and any overflow shall be directed to the stormwater
drainage system.
29. All stormwater drainage (including roof water overflow from the rainwater storage system)
shall be collected and discharged so there is no net increase in stormwater runoff from the
site. Stormwater drainage permitted to drain from the site shall be discharged to Council’s
existing drainage structures at the rear of the site. Plans of the drainage design shall be
prepared by a Registered Professional Civil Engineer and submitted to Council prior to
obtaining a Development Permit for Operational Works.
30. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
31. The site shall be connected to Council’s existing sewerage reticulation systems and be
constructed in accordance with Council’s standards and requirements at no cost to Council.
Town Water Supply
32. The site shall be connected to Council’s existing town water supply and be constructed in
accordance with Council’s standards and requirements at no cost to Council.
33. Each individual water connection to the water reticulation system shall extend to the property
boundary and be metered. All fees for the supply of water meters shall be paid to the Council.
34. All water meters must be located outside the property boundary and in an easily assessable
location to facilitate unhindered reading by Council and/or Council’s contracted water meter
readers, and not behind fences or locked gates. In this regard approval of the water meter
configuration and location must be obtained from Council’s Water & Sewerage Capital Works
Manager prior to lodgement and approval of hydraulic drawings.
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35. For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the development
shall be served by:
35.1. A single Body Corporate water meter to measure the total water consumption (including
fire hose reels, but excluding fire hydrants and fire sprinkler systems), and
35.2. Individual water meters to each tenement capable of being separately rated, and
35.3. A fire service (fully testable single detector check with metered bypass), where
applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire hose
reels).
Earthworks
36. Earthworks required on site shall be carried out in accordance with Section 3.8 of Council’s
Engineering Design Standards Manual and so as not to cause the additional ponding of water
on any adjoining lands or the blockage of, or interference with, any natural watercourses.
37. Earthworks carried out on site shall not affect the structural integrity of any of the existing
fences and/or structures and/or lands that border the development site.
Site Stability
38. A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site,
determine the soil classification, establish whether any measures are required to protect the
stability of adjoining buildings and/or structures and/or land, and make recommendations on
the type of foundation system(s) best suited for the proposed development. The
recommendations of this report shall be incorporated into the design and construction of the
proposed development.
Erosion and Sediment Control
39. 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.
Contributions Towards Council Infrastructure
40. Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or
upgrading various infrastructure at the rates applicable at the time of payment. An estimate
only of the contribution amounts under the current Council policies and requirements is
outlined in the table below:
Contribution Required For: Amount:
PSP12 – Public Open Space Contributions (Park) $3,002
PSP16 – Sewerage Headworks Contributions $2,163
PSP17 – Water Supply Headworks Contributions $3,844
PSP20 – Pathway Trunk Network Contributions $1,350
TOTAL Contribution Amount = $10,359
Please note, that these amounts are all subject to variations in the Consumer Price Index, All
Groups Brisbane from September 2007 until the date of payment.
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All contributions must be paid prior to the issue of a Development Permit for Operational
Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the
contributions not be paid at the due time, Council shall call upon the trading bank guarantee in
full.
Processing of bonds for security where specific Council approval has been given for the
bonding of contributions will incur an administration fee in accordance with Council’s Land
Development Commercial & Regulatory Fees at the time of lodgement.
In the event that the Development Permit for Material Change of Use of Premises lapses or is
cancelled, the trading bank guarantee will be returned.
General
41. For the following classes of work associated with development, a Development Permit for
Operational Works must be obtained prior to commencement of works relating to that class of
work. The application may combine any or all of these classes of work:-
41.1. Access and/or Carparking.
41.2. Stormwater Drainage.
41.3. Landscaping.
41.4. Erosion & Sediment Control
42. A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
specifications for all engineering works that will become Council infrastructure, which shall be
submitted in conjunction with an application for a Development Permit for Operational Works.
In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be
submitted in conjunction with any application for Operational Works.
43. Digital detailed designs including drawings, calculations, etc shall be submitted with any
application for a Development Permit for Operational Works in respect of roadworks and
stormwater drainage works. The design shall be in accordance with Council’s Planning
Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and Earthworks.
To avoid conflict with underground pipes or services, all existing and proposed services
required by the development shall be shown on the plans.
44. 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.
45. 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.
46. 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
47. Where the development involves the removal, relocation or demolition of a building, a Waste
Management Plan (construction and demolition) shall be submitted prior to demolition,
removal or relocation of any building other than a shed.
Waste Management Plans (construction and demolition) are required to be submitted in
accordance with Planning Scheme Policy 11, Waste Management Plans see table below.
Waste storage areas are to provide for adequate separation of all reusable, recyclable and
waste materials. These shall be located so that they are convenient and safe to use. (Refer to
Noosa Council Waste Management Code)
The Plan shall contain the following information:
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The site area for the storage and separation of waste is to be shown on the plan
drawings accompanying the application.
A waste management table as indicated below is to be completed showing how waste
material is to be segregated - recycled – reused or disposed.
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify contractor
materials volume(m³) *specify proposed *specify contractor and landfill site or
re-use or on-site and recycling outlet other disposal site
recycling methods
Excavation
material
Green waste
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals - please
specify
Asbestos
Other - please
specify
Note * If a demolition contractor is undertaking works, then the Waste Management table is to
be completed by the demolition contractor.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for
the effective reuse and recycling of such materials. Additionally Council rewards those who
segregate waste by significantly reducing disposal fees at the landfill some items are free.
Higher gate fees are charged for loads of mixed waste.
48. The developer must provide waste storage and disposal facilities 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 neighbouring properties.
49. The developer must ensure there is a safe and suitable kerbside bin pick up location, or must
provide a safe and suitable onsite collection. NB the refuse vehicle must be able to enter and
leave the site in a forward direction without any dangerous maneuvers.
50. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer,
via a bucket trap. The drain outlet is to be designed to prevent storm water entry to the
sewerage system and this can be achieved with a nib wall 50mm high and up to 700mm x
700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design
approved by Council.
51. Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool
pumps etc) shall comply with the following requirements:
51.1. The equipment shall be installed and located in a manner that prevents excessive noise
in accordance with Council’s Local Law No. 12 - Control of Nuisances. Infringement
Notices (on-the-spot fines) may apply for offences.
51.2. A person must not use equipment on any day if it makes or causes noise to be made:
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51.2.1. From 10pm to 7am: More than the lower of either –
40 dB(A)
3 dB(A) above the background noise level
51.2.2. From 7am to 7pm: More than the lower of either –
50 dB(A)
5 dB(A) above the background noise level
51.2.3. From 7pm to 10pm: More than 3 dB(A) above the background noise level.
51.2.4. Pool pumps must not be audible at an effected premises between 10pm-7am
51.3. Submission of written certification from a suitably qualified person confirming that the
noise levels comply when measured at either the residential boundary or outside the
most exposed part of an affected building, whichever is the closest to the equipment.
This is required immediately after installation of the equipment and prior to any
occupation of the building, and in a format approved by Council. This assessment must
take into account noise from all fixed equipment on the property e.g. swimming pool
pump, heating equipment, that may increase the overall noise level emitted.
Note: it is recommended that the consultant that will be engaged to certify the noise levels of
mechanical equipment is asked to comment on the position and installation of equipment at
the plan design stage, this way noise problems can be minimised or avoided cost effectively.
52. Noise from residential building works shall comply with the following –
52.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
52.2. All reasonable measures are taken to minimise noise emissions.
52.3. Not permitted on Sunday or public holidays.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Nil
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan / Document No. Rev. Plan / Document Name Date
0703.4 SD.02 D Level 1 Plan – Ian Gorton Design Feb 2007
0703.4 SD.03 D Level 2 Plan – Ian Gorton Design Feb 2007
0703.4 SD.04 E Level 3 Plan – Ian Gorton Design 25-10-07
0703.4 SD.05 E Elevations Sheet 1 – Ian Gorton Design 25-10-07
0703.4 SD.06 E Elevations Sheet 2 – Ian Gorton Design 25-10-07
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
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1. 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: -
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
AS1428.2;
B. 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;
C. Any services and facilities in the building complex must allow independent, dignified and
equitable use of the services and facilities for all people.
2. 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.
3. Fencing to the swimming pool must comply with the Queensland Building Act 1975 Part 3 (as
amended) and Part 5 of Standard Building Regulation 1993 in all respects. Direct access from
the dwelling to the pool enclosure is not permitted.
4. The applicant is advised that development contributions and infrastructure charges applicable
to this development approval have been based on the following Uses Class/ Uses and
applicable quantities:-
Existing Development Approved Development
Existing Use Class Approved Use Class
Existing Quantity Approved Quantity
/ Use / Use
Multiple Housing -
Detached House Vacant Land 2 x 3 Bedroom Units
Type 2 – Duplex
5. The applicant is informed that approval of this development application will trigger an
Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
Charges Plan for the estimated amount of $3,835 and is subject to variations in the Consumer
Price Index, All Groups Brisbane from September 2007 until the date of payment. An
Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated
Planning Act 1997.
6. 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.
7. Digital detailed designs including drawings, calculations, etc, shall be submitted with any
application for a Development Permit for Operational Works in respect of roadworks and
stormwater drainage works. In this regard a DXF/DWG file on GDA94 zone 56 grid of the
proposed cadastre layout is to be submitted in conjunction with any application for Operational
Works. The design shall be in accordance with Council’s Planning Scheme Policy PSP05 –
Engineering Design Standards – Roads, Drainage and Earthworks.
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8. The development should be undertaken in a manner that causes no detrimental effect upon
the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-
borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other
emissions in accordance with the nuisance provisions of the Environmental Protection
Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
9. 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.
10. 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.
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 Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Subject of the required Development Permit
required
Development Permit for Building All Building Works
Works
Development Permit for Operational Landscaping, Carparking and Access, Frontage Works,
Works Stormwater Drainage & Filling of Site
Development Permit for Reconfiguring a Lot
Reconfiguring a Lot
11 SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
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Nil
12 SUBMISSIONS
Not applicable
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
14 RIGHTS OF APPEAL
You have continuing appeal rights in respect of Council’s decision on your application. Refer Section
4.1.27. of the Integrated Planning Act 1997.
15 OTHER DETAILS
Should you wish to obtain more information about Council’s decision, electronic copies of Council’s
decision are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
DECISION NOTICE HISTORY
Original Decision Notice issued 17 January
2008.
Negotiated Decision Notice issued 1 April
2008 with amendment to Condition 13.
Yours faithfully,
Daniel Smith
ASSISTANT PLANNING OFFICER
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Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated (5) If an application is processed under section
Planning Act (Chapter 4). 6.1.28(2), appeal rights for submitters for the
application are available only for the aspects of the
Division 8 - Appeals to court relating to development that would have required public
development applications notification under the repealed Act.
Appeals by applicants (6) If an application involves assessment against a
4.1.27.(1) An applicant for a development application concurrence agency code, appeal rights for
may appeal to the court against any of the following- submitters for the application are not available against
(a) the refusal, or the refusal in part, of a development the part of the approval that represents the
application; concurrence agency’s response for the code.
(b) a matter stated in a development approval, Appeals by advice agency submitters
including any condition applying to the 4.1.29.(1) An advice agency may, within the limits of
development, and the identification of a code its jurisdiction, appeal to the court about the giving of
1
under section 3.1.6; a development approval for a development
(c) the decision to give a preliminary approval when a application if-
development permit was applied for; (a) the development application involves impact
(d) the length of a currency period; assessment; and
(e) a deemed refusal. (b) the advice agency told the applicant and the
assessment manager to treat its response to the
(2) An appeal under subsection (1)(a) to (d) must application as a submission for an appeal.
be started within 20 business days (the “applicant’s
appeal period”) after the day the decision notice or (2) The appeal must be started within 20 business
negotiated decision notice is given to the applicant. days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
(3) An appeal under subsection (1)(e) may be submitter.
started at any time after the last day a decision on the
matter should have been made. Appeals for matters arising after approval given
(co-respondents)
Appeals by submitters
4.1.30.(1) For a development approval given for a
4.1.28.(1) A submitter for a development application development application, a person to whom any of the
may appeal to the court about- following notices have been given may appeal to the
(a) the giving of a development approval, including court against the decision in the notice-
any conditions (or lack of conditions) or other (a) a notice giving a decision on a request for
provisions of the approval; or extension of the currency period for an approval;
(b) the length of a currency period for the approval. (b) a notice giving a decision on a request to make a
(2) The appeal must be started within 20 business minor change to an approval.
days (the “submitters appeal period”) after the day (2) The appeal must be started within 20 business
the decision notice or negotiated decision notice is days after the day the notice of the decision is given
given to the submitter. to the person.
(3) If a person withdraws a submission before the (3) Subsection (1)(a) does not apply if the
application is decided, the person may not appeal the approval resulted from a development application
decision. (superseded planning scheme) that was assessed as
(4) If an application involves both impact if it were an application under a superseded planning
assessment and code assessment, appeal rights for scheme.
submitters are available only for the part of the (4) Also, a person who has made a request
application involving impact assessment. mentioned in subsection (1) may appeal to the court
against a deemed refusal of the request.
(5) An appeal under subsection (4) may be started
1 at any time after the last day the decision on the
Section 3.1.6 (Preliminary approval may override local matter should have been made.
planning instrument)
12 of 13
Page 13
- 13 -
Division 9 - Appeals to court about other matters (b) a matter stated in a development approval,
Appeals for matters arising after approval given including any condition applying to the
(no co-respondents) development, and the identification of a code
3
under section 3.1.6;
4.1.31.(1) A person to whom any of the following
notices have been given may appeal to the court (c) the decision to give a preliminary approval when a
against the decision in the notice- development permit was applied for;
(a) a notice giving a decision on a request to change (d) the length of a period mentioned in section 3.5.21
or cancel a condition of a development approval. currency period;
2
(b) a notice under section 6.1.44 giving a decision to (e) a deemed refusal.
change or cancel a condition of a development (2) An appeal under subsection (1)(a) to (d) must
approval. be started within 20 business days (the “applicant’s
(2) The appeal must be started within 20 business appeal period”) after the day the decision notice or
days after the day the notice of the decision is negotiated decision notice is given to the applicant.
given to the person. (3) An appeal under subsection (1)(e) may be
(3) Also, a person who has made a request started at any time after the last day a decision on the
mentioned in subsection (1)(a) may appeal to matter should have been made.
the court against a deemed refusal of the The Registrar for the Building and Development
request. Tribunal may be contacted at the website
(4) An appeal under subsection (3) may be started http://www.localgovernment.qld.gov.au/
at any time after the last day the decision on
the matter should have been made.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises or
the erection of a building or other structure permitted
by the planning scheme may appeal to the court
against the decision or the conditions applied.
(2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.
For Building Works Only
Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:
Division 3 – Appeals to tribunals relating to
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
against any of the following-
(a) the refusal, or the refusal in part, of a development
application;
2
Section 6.1.44 (Conditions may be changed or cancelled 3
by assessment manager or concurrence agency in certain Section 3.1.6 (Preliminary approval may override local
circumstances) planning instrument)
13 of 13
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