Council archive · source document
SPA Decision Notice - 010.2010.00000627.001 [As Published] · 152010.627
Officer: Tracy Jones
Direct Telephone: (07) 5449 5228
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2010/627
Your Reference: M2358-02-02
15 September 2010
Scanlon Property Group
CARE Jones Flint & Pike Pty Ltd
PO Box 6
MAROOCHYDORE QLD 4558
Dear Sir / Madam
Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 13 September 2010 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2010/627
Street address: 215, 215A, 217 & 219 David Low Way PEREGIAN BEACH
Real property description: Lots 8, 9 & 10 P9315 and Lot 76 MCH 2969
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Reconfiguring a Lot - 4 lots into 1 lot into 3 lots
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is identified in the Assessment Manager conditions.
4 ASSESSMENT MANAGER CONDITIONS
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table and as
may be amended by these conditions.
Plan / Document No. Issue. Plan / Document Name Date
M2358-03 Sheet 1 of 1 Reconfiguration Plan prepared by 17 March 2010
Jones Flint & Pike
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Plan of Survey
2. In conjunction with the lodgement of the Plan of Survey for Council endorsement, legal
documentation must be presented to Council and must be submitted in the correct form with
the fees prescribed in Council's adopted fee schedule.
3. All outstanding rates and charges due and payable to Sunshine Coast Regional Council in
respect of the lots being reconfigured must be paid prior to endorsement of the Survey Plan.
4. Any changes required by Council’s Solicitor must be attended to prior to endorsing the Plan of
Survey. Any necessary Titles Office forms requiring the consent of Council is to be submitted
prior to the endorsing of the Plan of Survey.
Parkland Restoration and Dedication
5. Upon registration of the Plan of Survey, the relevant land required to be dedicated for park
purposes, as indicated on drawing M2358-03 Sheet 1 of 1 (and as may be amended by
findings from other conditions of this Permit), shall be dedicated to the Crown (with Council as
Trustee) for park and environmental protection purposes pursuant to the Land Act 1994 at no
cost to Council.
6. An Ecological Restoration Plan for the Parkland shall be prepared in accordance with the
requirements of Council’s Planning Scheme Policy PSP18 Ecological Assessment Guidelines
and submitted for Council approval prior to sealing the plans of survey. The park areas of the
site shall be revegetated and rehabilitated in accordance with the Council approved Ecological
Restoration Plan.
7. The Ecological Restoration Plan shall be prepared by a qualified and experienced Ecologist, to
the reasonable satisfaction of the Council. The Ecological Restoration Plan (ERP) shall be
applicable to the portion of the site to be dedicated to Council as Parkland and address
environmental weed removal and control, rehabilitation of existing vegetation communities and
revegetation strategies for degraded areas of the area of the site to be dedicated as parkland.
It shall identify all the areas of the park that require ecological restoration, specify actions and
works necessary to result in robust, self-sustaining, viable indigenous plant communities and
habitat. The ERP shall aim to revegetate the park areas with suitable native species to
resemble the local endemic ecosystem by removing all noxious and environmental weeds
from the site and include the planting and maintenance requirements of the Council approved
Bushfire Management Plan for the site. The ERP shall detail continual maintenance
requirements for a 1 year period (the maintenance period) to enable the revegetation and
rehabilitation works to be self-maintaining. To this extent Council’s Coordinator of
Environment and Landscaping must be consulted during the preparation of the plan.
8. The following, inter alia, shall be addressed and included in the Ecological Restoration Plan
and specifications:
8.1 document the current status of the areas requiring ecological restoration in terms of
structure, floristics, missing elements, health, vigour, etc.;
8.2 specify the required works and actions for each area in terms of:
8.3 site preparation (this may include thinning, grass removal, weed removal and control,
etc.);
8.4 establishment of the missing floristic and structural elements;
8.5 creating opportunities for regeneration from the seed bed, natural recruitment and the
establishment of wildlings;
8.6 habitat creation and reinforcement for native fauna and reinforcement of habitat
linkages and corridors;
8.7 planting and mulching procedures;
8.8 fertilizing procedures;
8.9 watering procedures;
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8.10 protection from wildfire, particularly during the establishment phase;
8.11 erosion and sediment control;
8.12 on-going maintenance;
8.13 access for maintenance;
8.14 environmental safeguards; and
8.15 incorporation of the relevant requirements of all the management plans required by this
approval, particularly the Bushfire Management Plan and Koala Management Plan.
9. All Class 1, Class 2 and Class 3 pest plants declared under the Land Protection (Pest and
Stock Route Management) Act 2002 must be controlled on the entire site prior to Council
endorsement of the plan of survey. In this context “controlled” shall mean, for class 1 and 2
pests, completely eradicated. For class 3 pests it shall mean removal of the plants where they
threaten environmentally significant areas of the site such as riparian zones and areas of
natural vegetation.
10. A wire fauna fence shall be erected around the perimeter of the park areas to be protected
and restored, prior to construction activities commencing on site. The fauna fence will have
signs attached restricting entry to authorised persons only.
11. The contract for the Ecological Restoration work shall specify a 1 year maintenance period
from the date restoration works are completed by the contractor to the reasonable satisfaction
of the Council’s Coordinator of Environment and Landscaping, by which time the ecologically
restored areas should be self-sustaining. It shall also be weed-free to the satisfaction of the
Manager, Council’s Coordinator of Environment and Landscaping. The applicant must provide
Council’s Coordinator of Environment and Landscaping with a certification from a suitably
qualified person confirming that management of weeds within the park area complies with the
requirements of the Land Protection and Stock Route Management Act.
12. All the relevant ecological restoration works and actions shall be undertaken by the Developer
and completed prior to dedication of the park areas to Council.
Easements
13. The applicant shall create a volumetric easement for access purposes over Lot 1, in favour of
Lot 2 for vehicular access and car parking purposes.
Power Supply
14. An electricity service shall be provided to Lots 1 and 2.
15. In this regard, an approved ENERGEX Electrical Design Consultant shall be engaged to
prepare detailed designs of the electrical proposal.
16. The detailed designs shall then be submitted to ENERGEX for approval and a copy of their
approval submitted to SCRC in conjunction with a “Certificate of Electricity Supply for
Proposed Subdivisions” (prepared by an approved ENERGEX Electrical Design Consultant)
prior to SCRC endorsing the Plan of Survey.
17. Any agreement with ENERGEX or an approved ENERGEX Electrical Design Consultant shall
be wholly at the applicant’s expense and shall not entail a financial encumbrance on future
purchasers of the proposed lots.
Telecommunications
18. The requirements for TELECOMMUNICATION services shall be satisfied in relation to the
provision of new telephone services to Lots 1 and 2. In this regard written confirmation from
an approved telecommunication agency shall be submitted to the Council prior to Council
endorsing the Plan of Survey.
Landscaping
19. Existing trees on the site and within the road reserve are to be retained, except where required
to be removed due to building operations or conduct the approved use.
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General
20. The relevant period is four (4) years from the day this permit takes effect and ends on
13 September 2012, during which time all conditions must have been compiled with, and the
Plan of Survey lodged with Council for endorsement
21. 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.
22. 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.
23. 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.
Water and Sewerage
24. Reticulated water must be provided to each lot in the development. This must include:
24.1 Ensuring that existing internal water pipes are wholly contained within the lot they will
serve.
24.2 A new 150mm diameter DICL watermain must be constructed from the existing 100mm
diameter AC watermain in David Low Way to the development, and for the full frontage
of the development site. The works must be completed prior to placing construction
materials or site offices adjacent to the water main alignment
24.3 An approved water meter for each lot in accordance with Unitywater Standard Drawings
SCW 350,355 and 360.
25. Proposed lot 3 is to be dedicated council open space and is not subject to development and
therefore water services will not be required.
26. Reticulated sewerage must be provided to each lot in the development. This must include:
27. Ensuring existing sewer house drains are wholly contained within the Lot they will serve.
28. The existing 150mm sewer and manholes located within the development site is to be disused
and a new sewer is to be constructed following a standard alignment to the property boundary
and in accordance with the council planning scheme. These works are to be submitted with
the associated operational works application.
29. Proposed lot 3 is to be dedicated council open space and is not subject to development and
therefore sewer services will not be required.
30. Retaining walls running horizontally to sewer mains are to be 1.5m clear of the sewer.
Retaining walls crossing the sewer are to be free standing and self supporting for a minimum
of 1m both sides of the sewer main.
31. The level of the existing sewer access chamber must be adjusted to suit the proposed finished
surface levels. Work must be undertaken by Unitywater at the applicants cost.
32. A minimum clearance of 1.5 metres must be maintained between Unitywater sewers and
proposed building envelopes, buildings and other structures.
33. A 3.0 metre wide easement must be provided over all Unitywater sewers located in private
property. A 4.0 metre wide easement must be provided over Unitywater sewers greater than
3.0 metres deep (where approved by Unitywater). Easements must be located centrally over
the main.
34. Written approval to enter and construct must be obtained from the owners of properties
through which external sewers will traverse, and be submitted with lodgement of the
associated development application for Operational Works
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35. Stormwater retention systems and gross pollutant traps must maintain a minimum clearance
of 1.5 metres from Unitywater water supply and sewerage infrastructure.
36. Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater
water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within
these clearances must be low growing when mature and suitable Unitywater approved
varieties.
37. Construction works undertaken in the vicinity of Unitywater water supply or sewerage
infrastructure must not adversely affect the integrity of the infrastructure. All costs associated
with repair, replacement or alteration of infrastructure must be met by the applicant.
38. Connection to the Unitywater existing water supply and live sewerage system must be
undertaken by Unitywater at the applicants cost. Please contact Unitywater for quotation.
Infrastructure Policy
39. The applicant must pay contributions towards trunk infrastructure in accordance with the
following Planning Scheme Policies and Council Policies:
(a) Planning Scheme Policy 12 – Public Open Space Contributions;
(b) Planning Scheme Policy 13 – Contributions in Lieu of Off Street Parking;
(c) Planning Scheme Policy 16 – Sewerage Headworks Contributions;
(d) Planning Scheme Policy 17 – Water Supply Headworks Contributions;
(e) Planning Scheme Policy 20 – Pathway Trunk Network Contributions;
(f) Council Policy – Rural Roadworks Contributions;
(g) Council Policy – Master Drainage Contributions.
40. For material change of use of premises approvals the contributions must be paid prior to the
commencement of use, for reconfiguring a lot approval contributions must be paid prior to
Council approval of the plan of subdivision.
41. The actual amount of the contribution must be calculated and paid in accordance with the
Planning Scheme Policies and variations due to indexation current at the time of payment.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Reconfiguring a lot – Land Advice DERM
in or near a wetland Department of Environment
Reconfiguring a lot – Land Advice DERM and Resource Management
in or near a conservation Ecoaccess Customer
estate Service Unit
PO Box 15155
Reconfiguration of a Lot - Concurrence DERM
CITY EAST QLD 4002
Contaminated land
(unexploded ordnance)
Development in Interim Concurrence DIP Department of Infrastructure
Koala Habitat Protection and Planning
Area PO Box 15009
CITY EAST QLD 4002
A copy of any referral agency conditions is attached.
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6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following table:
Plan / Document No. Issue. Plan / Document Name Date
M2358-03 Sheet 1 of 1 Reconfiguration Plan prepared by Jones 17 March 2010
Flint & Pike
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of approval:
1. The applicant is advised that a Compliance Permit for all 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.
2. An advice notice outlining the estimated infrastructure contributions payable and the basis for
their calculation under the current Planning Scheme Policies and Council Policies is attached
with this Development Permit.
3. Please contact Council's Infrastructure Charges Officer (email:
[email protected]) a minimum of 5 business days prior to payment of the
infrastructure contributions and/or charge notice so a payment advice detailing the amounts
applicable at the time of payment may be issued to accompany the payment.
4. Payment of infrastructure contributions and/or infrastructure charge notices will not be
accepted by credit card transaction.
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.
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.
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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
Not applicable.
11 SELF ASSESSABLE CODES
Not applicable.
12 SUBMISSIONS
Not applicable.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable.
14 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a “negotiated decision notice” will be
issued. Only one “negotiated decision notice” may be given. Taking this step will defer your appeal
period, which will commence again from the start the day after you receive a “negotiated decision
notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing
decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act
2009.)
15 OTHER DETAILS
Should 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.
Yours faithfully,
Kerri Coyle
Coordinator Planning Applications - North
Enc: Appeal Rights
Referral Agency Response
Approved Plans/Documents
Infrastructure Contributions Advice Notice
c.c DERM -Ecoaccess Customer Service Unit
PO Box 15155
CITY EAST QLD 4002
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Referral Agency Conditions
SUNSTAINABLE PLANNING ACT 2009 & SUSTAINABLE
PLANNING REGULATION 2009
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2010/627 Page 9 of 18 [OCR of page images] 2010/627 Notice Concurrence Agency Response and Advice Agency Response General advice to asaeaament manager Pursuant to sectons 334 asd 363 of Me Act a copy of a decision actos of negotiated decision motos tstued by he assessment manager must be forwarded to DERM as a referral agency for the relevant apphcaton at PO Box 573, Nambour Od 4560 The State's Natve Title Work Procedures prowde that responsatubty for assessment of natee oe mssues for an IDAS appbcaton rests with the assesament manager Therwlor, DERM as a ceferral agency for the relevart apphoaton has not provided motficaden to natrve ide partes Aboriginal Cattura! Heritage Act 2005 DERM also takes fs opportunty % advse the Assessment Manager of the responebétes of apphcants under the Atonpea! Cutuww Hentege Act 2003 The Assesement Masager may wrsh to include fs nformaton as an Advisory Note on the Decision Nodce ssued for the apphoanon Under sechon 23 of he Abangna! Cultuew Hentege Act 2003 « person who careers out an actety must take af reasonable and practcatte measures to ensure the actwrty does not harm Abongnal cultural hertage (ihe “cutucal hentage duty of care”) Maou peraies for treactung the auty of care are $750,000 for a corporahion and $75,000 for an inanadual Appecants wil comply wth the duty of care in retsbon to Abongmal catural hentage ¢ they are acting in accordance wth culteral duty of care gudebnes gazeTed under the Adangma! Cateral Hontage Act 2003, mestabie on he DERM webete, or mn sccondance wih an agreement with the Atongmal party for the area oF a cultural hentage management plan approved under part 7 of the Abongnaf Cuter Mentage Act 2003 Appbcants are also encouraged io undertake a search of the (Cultural Hentage Database and the Aboogna Cultural Mentage Regeter, admevstered by the Cultural Merfage Coortnation Unit, GERM Appicanon forms to undertake a tree search of the Culteral Hentage Regater ad the Ne NT eae ee ens anne Cucrunentene Cnt Ca G01) A MBG ex en wabaete wiew DERM okt gov aulcetural tentece Delegate Enquiries Department of Emeronment and Resource Management Canterary Square Buling, Cume Street, Nambour © 4550 Leo PO Bas 573, Namboer QO 4560 AlSenior Officer (Planning and Asseasment) 1 +6175451 2222 Nambour Planning ~ South East Region Facsimile +61 7 S451 2260 Date 5 duty 2010 ‘Wobalte yewee cin cht sey sau Attachments ‘The parts of the Nodce referred to above for each of the DERM roferral junscicbons wvotved wth he applcabon Page 2ot2+ Oei2t7 Cepartmert of Ervrcemect ard Resource Managerert: Page 9 of 18
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2010/627 Page 10 of 18 [OCR of page images] 2010/627 Department of Environment and Resource Management Sustainable Planning Act 2009 DERM Permit’ number: PR 315387; AN 433415; SPAR 00567510 Assessment manager roferonce : 2010627 Attn Tracy Jones Date application receteed: 7 June 2000 Permit type: Oeeeiopment Approved Relevant laws and policies: Envvonmental Protechon Act 1994 and ary related statutory insurers and subordeate legetsbon, Operatonal Policy Aasesang appbcatora for advice (wetacds, conservation estate and hentage places) Reconfigure a Lot - f any part of the tot is srtuated in a wetiand Managemen arsa and the recorfiguraton results m more fan 6 lots, oF any lot created 6 eas Man Sha Sustamable Plannung Regulator 2009 - Schedule 7, table 2, dam 43 Reconfigure a Lot - df any part of fe kot & sQuated mn, of wetfen 100 Of, @ Commervaion estate and the recontigurston results in more than 10 bets, oF any bot created ot ees than She Sustanabte Planning Megutshon 2709 - Schedule 7, table 2, dem 44 Development Description Property Location Devetopment 205, 215A 217 8219 Lot 8,04 100m P9315 and =| Reconfiguaston of a Lot— 1 Lot nto 3 Loos Dawe Low Way, Ket 76 MCH2969 Peregan Beach Reasons) for no inciuaion of coaditions le accordance math sectors 282 and 202 of (he Suvtaeable Pianeing Act 2006. te peasnnys) for no inckunen of ' PONE eh eles blehem. AE TNTEN. DETER. FOTN SSRI. CO MiLeIOS. HerbonD OF ea eveterd bene ap secured by katebor @iematored by the Depetrent of Erveserent aed Resorce Mevagerset Page | ot -Om1217 Oeparrert of Erercertert and Reecurce Maragenert @ Queensiand covernment wow dewn.gid gov su AlN 6 640 20 406 Page 10 of 18
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2010/627
DERM Permit ‘number: PR 315387; AN 433415; SPAR 00567510
eondnons stated m atu parnt poquired ty Me adwoe agancy response for The appeoaben are 2a fokows
The Assessment Manager mest conmsder the potental mpects of the propased development on the ecologeal
valves of the wetland, the wetland eater quabty aed, the wefand water regene Development should ensure he
folowing outcomes
+ There ts no loss of wetland habéat and adverse wmpacts from development are avowed If loss to the
wetland of acverse unpects are usavodable, leas and wnpects ae menrnmed and cfieets are
vestgated m order to achewe no net ines of the unpected wettend vals,
* «The water quabty of any waters in and inked fo the wettend & manntemed and managed to protect the
envronmertal values of the wetland and the water quabty obyectwes Ssted under Schedule 1 of the
Enwroomectal Protectoo (Water Poloy 2009 are acteevod
+ The essing water regene (including surface and groundwater) wih and beked to a wetaad
Managed to protect ecsting natural hydrologeal processes wilten the wetland ecoapsien Thee ncudes
tafeguerang natucet fucherbors wn sine and locaton of the wetland, and retaning and allowng for
rageneeston of yegetsbon
To ereure that the proposed development is able to meet the above outcomes. the Assessment Manager is
encouraged to consider the requirement for a Dufler area between any proposed works and he wetland A
wettand buffer has two components
* G@ SUPPORT ares adjacent to Ihe wetland that mantans and supports he envwoemental values of he
wettend,
* « B SeperHbON alee around the support aoe Pal protects he wetland fromm external threats such as
sediment and nuipent decharge from surrounding Snduse
‘The Assessment Manager shouks ensure that here is a suffoert buffer astance betesen any proposed works
and the referable wetland in order to mantizen the ecologeal functoning and integnty of the wefand Suter
@stances should be mauamesed on order to mamtan essing trodiversity values, habitat connectraty and to
eraremese edge effects
The apphcant is to provide a report prepared and certified by a biologst or equivalent that demonstrates to the
sabefacton of fe acsesament masager thal there are no adverse mmpacts on the ecological vadues and
functoning of he area of mgnticance
Revegetabon of the Suffer o recommended utteng locally nate spaces that reflect the pre-clsanng regoral
Soosystem, weth preference grenn fo endermes speces Plants should be of local provenance where possitle A
Rehatitabon’ Revegetabon Management Plan shoukl stpulaie a weed managemert strategy moluding weed
contre! and plant masntenance over a minemum one year penod Conditioning of any aperowal wath budding or
development envelopes) may also be a useful way to gwve formal effect to any required butler area
The Assessment Manager should conser requenng applicants to prowde a Stoerwater Management Plas to
demonatraie how stormwater, sediment and other run-clf from the 200 (exsoceted weth the constructon and
opersboral phases of dewelopment) well be etlecteety managed to prevent sdverse impacts on wetland valves
Potertal enpacts ace to be addressed through mater sensitive urban denign inching compliance wth Scout>
East Queensiand Regroral Pine 2009-2031 implementation Gudatne Wo 7 Water senwtve urban des ~
desegn otyectwves for whan stormwater management
Development should ensure hat
Page 2 of 2- Obt207 Cepaarteveel of Groverevmet bral Riemer Marr aperan et
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2010/627 Page 12 of 18 [OCR of page images] 2010/627 DERM Permit number: PR 315387; AN 433415; SPAR 00567510 * adverse impacts on fhe funchoning and integnty of habetat and envwonmental walues contaned witun the conservaton estate are avoded, reremesed and mebgated, and * «the current extent and conmectaty ecthin and Between conservation estate areas 6 mantaned The Assecemen| Manager shoud eraure that there « a sulicent butler datance between any proposed works and the conservaton estate bouncary im order to mauntteen the ecologe-l functoreng and wttegrty of the conservation estaie Buffer astances should be maemeed in order to mamntan esting teodrversty values, hatetat consectvity and to manenese edge effects The buffer may also asset m eneunng that stormwater and waslewaler fom the development ste can be appropnately masaged to avod adverse unpects on the conservation estate Revegetaton of the butter is recommended wttrsing locally natve speoes that refect the pre-clearng regonal ecosystem, with preference given to enderes species Plants should be of local provenance where possible A Rehabétaton’ Revegetabon Management Plan should sapulate a weed management stategy including weed comrol and plant mantenance over a Metrum one year pened Newghbours to comservahon eviate need to lake seaponsdéty for keeping Gwelbngs and oer nirasbuctere near Queenstans Parks aed Wiidide Sense (QPWS) managed lands in a Condibcr Pett meremenen Gre mek, ard to Sppropnately ameboraie bght and nome mewes Consutsbon wth QPWS officers = recommended to ensure management otyectves of the conservation estate including fre management, emesgency service access and pest conbols are met A OP WS ‘Good Newhbour Policy’ may be of assistance and 1s available on the web at tp were Germ Git ooy AUMennCeS leecurces Oar details one ier =201 165 A new frarnwork for the management of umpacts on koalas anaeng from planewng and dewelapment nn SEO wil commence on 31 May 2010 Thee tenework inckiches State Pinning Poicy 2/10 Kowts Conservator « South Ese Quemstiend South East Queensiand Koes Consevystor State Panny Meguiwory Proves Potcy for Net Gam for Koote Hatvtet we SEQ Pokey for Stato Goverment Supported Communty intrastructure m SEQ Bodversty Doveropment Otset Areas Statutory Gudeiwe -—-—_— Celegate Simon Sorat Delegate for the Chef Executve adrrenmstenng he Coasta’ Protector and Management Act 1995, Envvormentet FProtecton Act 1994, Mature Canservenon Act 1992 Departmect of Enwronment ad Resource Maragement 1 duly 2070 Page Saf 3‘ Q91217 Cepartrert of Crvivsreect and Reszsrce Managerert Page 12 of 18
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2010/627 Page 13 of 18 [OCR of page images] 2010/627 Department of Environment and Resource Management Sustainable Planning Act 2009 Permit‘ number: ICO610NAM0011 Assasamant manager reference: ROL anioee? Dute application recuived: 65 Jute 2010 Persut type: Concurrence Agency Fixaporee Date of decision: 30 June 20 Decision. For a concurrence agency reaponme - comdtons erust @tiach to aw devalapmert approval Relevant laws and pelicies: Enrdronmentel Protection Act 1004 Sustainstve Planning Act 2009 Jurieciction(s): Ftecerfiguration of « let - Canteninahon of tend by enexpioded ordnance (UXO) - Sustanatis Planning Regulation 2009 - Schedule 7, table 2, hem 22(b) Development Description(a) [ PreapmertylLocation Development 216, HEA AY, Fi Gadd [Lee 8 Oe Ton | Mecordigiraion of a et — 1 ke to 3 ome Low Way, Pergean Beach | Plan PICS ang Let 70 on Plan MCH2060 Reason(s) for inclusion of conditions in accordance weth section 280 of the Susteemble Moning Act 2008 and section 270 of the Acts Iniepretadion Act 1984, the seanon|) for Inclusion of condttons stated i thes perrett required by the concurrence agency response for the apphosfon are as follows: Reh 0K ACER, OC SA AERA RCA AN A IP ve He tee ny hacymeation Aree ty Te CMR are 61 (rE ee! Clerc Mak mere Page tof 4° OOnZtT Uegnerl ened uf Renrceweey ont Newsurne Veregerert Q aweensiand Government wore Gemnqid. genes ABN 48 440 7B1.<8 Page 13 of 18
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2010/627 Page 14 of 18 [OCR of page images] 2010/627 DERM Permit number: 1CO610NAM0011 UXD 5 consktered 3 contermmnact under Secton 11 of the Loveonmecte Protection Act 1954 (FP Act). The ade [Ihe subject los) & part of an area of land witen which the Deparment of Defence (Defence) tas masemeed o utetonbel rok of sesedual UXO contarrenanen aaa Viet the Defence wodeeo timp nema defence got Lona! for cota Defence advises that Gevolopmert or land use rezoming proposals for land within a ‘subsante! zone should orty proceed fofowang the conduct of UCD wvesagation and dearasce activites Defence mantans a bet of cornrnerctel LOCO bewentigation and cerned seunch contractors fat @ accredits to cary oot thes work Defence azo recommends that cemers or ccoupers of polenpally affected land and workers and contractors employed on the land need to be aware of the procedure f a suspect abject i found. DEAM «© informed on the extent of development that has bean carmed out on the efte 0 date. hs understood thet there & no known rooord of UXD Deeg found on sre dunng of ance fat development Jéeo, CERM has recently aeseened » UXO contractor's On investgtirve searciung of vericus parts of the e¢e other than in the western porten of Lot 76 MCMZB00. faport, cated 25 May 2010 by Milsearch Pry Lad, was ited "Post Actiity Rioport (Certfioabon), Uneapleded Ordnance Search, Poregan Caravan Park, 215 Owes! Low Way, Peragian Beach”. ‘Wide the exrdence to Gatn mebcates ho stn 6 uvicnty to be affected by LINO. he investigates work caning cut with detection equipment by the UNO coniractor was necossarfy Envted and Dioretore Inconcluarre, Therefore, bemed on Defence's mia! evaluation of UO-related risks in fhe site's locale, it bs consifered thal there may Ferran 4 possiblity of UX0) Seing fund at leat on part of at. Accordingly, an "Assessment of a Prolammary Report Concerning the Potential Contam nation of Land by Uraepleded Ordnance (UNO) iaund by DERM on 11 June 2070 in regard to fies ste advised that condmons must apply to any Giresiopment of the ate, Page 2 of 4° OS42IT Oepertrert of Exvrowrert and Mescurce Meregerert Page 14 of 18
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2010/627
Page 15 of 18
[OCR of page images]
2010/627
DERM Permit number: ICO610NAMO00114 |
CONDITIONS
The folowing concurrence agency conditions are to be attached to my approval
' Prine to the commencement of ary develooment-ralated axcavation aarthwwerks or acd deturtancs of
the wesiom portion of Lot 76 MCH2060 that has rereained undketurbed by development works or cmeiar
acthity to date ard éeacribed © the “Assessment of » Pretirnirary Meport Concerning te Potential
Contariearton of Land by Limepleded Ordnance (UO) ssued by DERM on 11 June 2090 # regard to
‘ve sp (the subject lots), that part s to be subyectad to appropriate investigation acl where necessary.
remedial ackon.
2 Any person employed to work on fhe weetern portion of Lot 70 MCH2060 where Condition t has not
been satisfied or om any other part of the sie that DERM has not assessed st being clear of UXD, In to
be forewarned nm writs by Ihe applicant.
‘This warneng 15 80 explain that information available to DERM avhoates a alight potertzal for neschint '
UXO may otf coast on the site and work shook! eroceed wih dus caution, | o tp state the procedure to '
be followed by any parson finding an ctyect suspected of being UXD or component thereof: {
Do ret divas he object,
Take action, where appropriate, to prevert il being desterbed by anater parson,
Note its apprcodmate dimensions and gener! appearence.
Note the south to ate locxutions,
Advee he Police as soon as posatie
3 The sppbcent © to notify OFM of any LIK oF component of exploeree ordnance found on the site aa
soon as possible after such an object © ciscovered
4 Following he complete of af Gerveloprment-isted excarcation. emthworts or sol disturbance on the
bakerc of the mite, le. af parts other than the weeter pardon of Lot 76 MCH2060 described at 1 abown, »
wetten siatemont, signed by the pnnapal contractor. is to be provaied by the devuleper to DEF, That
statement Is fo advese the extent of 1) aft works conducted, 2) any LUNO-reisind evidence
detected cuting such works or beck thereof, bs to sebsequenty advise the Sunstone Coast
Regional Gounc#l and the aopiicant of Ms assesament in regard to the landuse sudabdity of thet Saiunce,
5 Following acton taken to salsly Condinen 1 above, the appieart & to subet «report, prepared im
acowdance wih curent to DERM for assnssmert, OORM bs tn subsequenty advse the
Serene Const Council and the opplicant of is assesament m regard to Comdtios 1 being
6 Pricr to Conditions 4 and S beng antinfied, no mocevntec grave, rock, mand oF sod Is lo be removed fom
the ate without written OFRM approval
7 The applicant 6 to advise the owner asd arty cccue of the site of the above resporebtes
General comments or advice about applications concerning land potentially alfected by UXO
Applicants may visit DERM's watedte tein ane derm.cic gov mu or Defencr's website
for the detzels of current UXO arenetigaton and remedal search contractors
socep reports based on invechgatve asd remedial work camed out by these contractors
lnveenhgetion and rettedial action in xaterty Goncitien | typcally evolves sampbng/esarct programs wath
detacton equipment untess the uso of such equpmest =
* comidered unwarranted by = LOCO contractor due to the extant of any prior excavabon or cartuworks
OF, Conversely, of amy fing proposed 2s part of the development program, or
Page 3 of 4° OpI2tT De perreest Of beecerer| eed Heeren es Mevezorrert
Page 15 of 18
Page 16
2010/627 Page 16 of 18 [OCR of page images] 2010/627 DERM Permit number: |C0610NAMO0011 © prevented or made anpractoable by the presence of a structure, stockpile, natural Damer oF metal waste. Ih De latter case, alternative actos may be approprente to minimise the risk in the fest mstance For exmmipie, where the nek of exposure to any LOCO that may cust reduced by the presence of a structure of natural tamer, ssuance of De standard UXO warreng (see Condition 2) may suffice while the structure, stockpile or terrae rerraaets om place, Vihere « siracture a to be remowed of reduced as ceri of the develapmant program, protechve pracaufens, Commensents wath any greater risk to which workers meg! then be exposed, may need 1 De considered. Progressive assessment wil be necessary wher such clhounsiances ext Unioss, at the conpieton of prolrenary works, Mere @ evidence then avadable t the LOO confractor Gat arry resedusal reat oe maglgible, the exe of detection equipment wil tyoicaly be required to confirm the stn's stetue Where wvestgation, along wath any subsequent remedial action and assessmert, 1s t be Inplonerntod By 1 Sabaly COM 1s ae 5 a pretirinery along wth a management plan for tn propoasd work, Staged ewmrtgstonremedmston i most Mesty to be appacable where development of smafier, burton lots (whch can presert GrouTsiances such as fhoeo discussed above) or Oroadhectare ates is proposed. In such cases, DERM's asseaunent of the raport and advice to Counel m regard approval of the Gevalopment wil be dependent on agreement wah the managernent plan. Where Concdeton 1 1s to be satiefied by 2 whole lot or broadhectare development stage Deing rhjected to ireeehgation and any necessary remedial action, DERM, based on the fepert’s firings and recommendation/s, mary reassess the lot, oF that portion comprining he development stage, am beng remadiited or nol nending rermadieion, and acvuse the appticant and Councd OPerwen, sy DERM s Aree Manaooment Adeco wel contrive 00 actly. Thes unless evidence obtamed from the mwrstigated pards can be used to relute Defence's assesarnert m regard to al! or part of the balaree in the lntier case, DERM mary rremaees af of the Satance or the apphcatie party's an being uneflected by LUXO. Enquiries: Ranaié Scart, Peopect Manager (UXO) — Oepertnent of fieveonment and Resources Maragenent Pr (07) 6468 6120 Fane (07) 5443 9827 omal.contamland.cxoddderm gid gov. aw END OF CONDITIONS * ’ oF Le Pope 4 of 4 opizer Depertrent of Ervtreerent aed Resource Marngerert Page 16 of 18
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2010/627
Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable (ii) the length of a period mentioned in
Planning Act 2009 (Chapter 6). section 341 for the approval.
(3) However, a submitter may not appeal if the
MATERIAL CHANGE OF USE, RECONFIGURING A submitter—
LOT & OPERATIONAL WORKS
(a) withdraws the submission before the
Division 8 - Appeals to court relating to application is decided; or
development applications
(b) has given the assessment manager a
461 Appeals by applicants notice under section 339(1)(b)(ii).
(1) An applicant for a development application (4) The appeal must be started within 20
may appeal to the court against any of the business days (the submitter’s appeal
following- period) after the decision notice or
(a) the refusal, or the refusal in part, of a negotiated decision notice is given to the
development application; submitter.
(b) any condition of a development approval, 463 Additional and extended appeal rights for
another matter stated in a development submitters for particular development
approval and the identification or inclusion applications
of a code under section 242 (1) This section applies to a development
(c) the decision to give a preliminary application to which chapter 9, part 7
approval when a development permit was applies.
applied for; (2) A submitter of a properly made submission
(d) the length of a period mentioned in for the application may appeal to the court
section 341;; about a referral agency’s response made by
(e) a deemed refusal of the development a prescribed concurrence agency for the
application. application.
(3) However, the submitter may only appeal
(2) An appeal under subsection (1)(a), (b), (c) or
against a referral agency’s response to the
(d) must be started within 20 business days
extent it relates to—
(the applicant’s appeal period) after—
(a) if a decision notice or negotiated decision (a) if the prescribed concurrence agency is
notice is given—the day the decision the chief executive (environment)—
notice or negotiated decision notice is development for an aquacultural ERA; or
given to the applicant; or (b) if the prescribed concurrence agency is
(b) otherwise—the day a decision notice was the chief executive (fisheries)—
required to be given to the applicant. development that is—
(3) An appeal under subsection (1)(e) may be (i) a material change of use of
started at any time after the last day a premises for aquaculture; or
decision on the matter should have been (ii) operational work that is the removal,
made. damage or destruction of a marine
plant
462 Appeals by submitters - general
(4) Despite section 462(1), the submitter may
(1) A submitter for a development application
appeal against the following matters for the
may appeal to the court only against-
application even if the matters relate to code
(a) the part of the approval relating to the assessment—
assessment manager’s decision about 9 a decision about a matter mentioned in
any part of the application requiring section 462(2) if it is a decision of the
impact assessment under section 314; or chief executive (fisheries);
(b) the part of the approval relating to the 10 a referral agency’s response mentioned in
assessment manager’s decision under subsection (2).
section 327.
464 Appeals by advice agency submitters
(2) To the extent an appeal may be made under
subsection (1), the appeal may be against 1 (1) Subsection (2) applies if an advice agency, in
or more of the following— its response for an application, told the
assessment manager to treat the response
(a) the giving of a development approval; as a properly made submission.
(b) any provision of the approval including— (2) The advice agency may, within the limits of its
(i) a condition of, or lack of condition jurisdiction, appeal to the court about—
for, the approval; or
Page 17 of 18
Page 18
2010/627
(a) any part of the approval relating to the 467 Appeals about changing or cancelling
assessment manager’s decision about conditions imposed by assessment
any part of the application requiring manager or concurrence agency
impact assessment under section 314; or (1) A person to whom a notice under section
(b) any part of the approval relating to the 378(9)(b) giving a decision to change or
assessment manager’s decision under cancel a condition of a development approval
section 327 has been given may appeal to the court
(3) The appeal must be started within 20 against the decision in the notice.
business days after the day the decision (2) The appeal must be started within 20
notice or negotiated decision notice is given business days after the day the notice of the
to the advice agency as a submitter. decision is given to the person.
(4) However, if the advice agency has given the For Building Works Only
assessment manager a notice under section 532 Appeals by applicants
339(1)(b)(ii), the advice agency may not
appeal the decision. (1) If—
465 Appeals about decisions relating to (a) a person has been given, or is entitled to
extensions for approvals be given—
(1) For a development approval given for a (i) an information notice under the
development application, a person to whom a Building Act about a decision
notice is given under section 389, other than other than a decision under
a notice for a decision under section 386(2), that Act made by the
may appeal to the court against the decision Queensland Building Services
in the notice. Authority; or
(2) The appeal must be started within 20 (ii) an information notice under the
business days after the day the notice of the Plumbing and Drainage Act
decision is given to the person. 2002 about a decision under
part 4 or 5 of that Act; or
(3) Also, a person who has made a request
under section 383 may appeal to the court (b) a person—
against a deemed refusal of the request (i) was an applicant for a building
(4) An appeal under subsection (3) may be development approval; and r
started at any time after the last day the (ii) is dissatisfied with a decision
decision on the matter should have been under the Building Act by a
made. building certifier or referral
agency about inspection of
466 Appeals about decisions relating to
building work the subject of the
permissible changes)
approval; the person may
(1) For a development approval given for a appeal against the decision to
development application, the following a building and development
persons may appeal to the court against a committee.
decision on a request to make a permissible
(2) An appeal under subsection (1) must be
change to the approval—
started within 20 business days after the day
(a) if the responsible entity for making the the person is given notice of the decision.
change is the assessment manager for
(3) If—
the application—
(a) under the Building Act, a person makes
(i) the person who made the request;
an application other than a building
or development application to a local
(ii) an entity that gave a notice under government; and
section 373 or a pre-request (b) the period required under that Act for the
response notice about the request
local government to decide the
(b) if the responsible entity for making the application (the decision period) has
change is a concurrence agency for the passed; and
application—the person who made the (c) the local government has not decided
request.. the application; the person may appeal
(2) The appeal must be started within 20 to a building and development
business days after the day the person is committee against the lack of the
given notice of the decision on the request decision and for the committee to decide
under section 376. the application as if it were the local
(3) Also, a person who has made a request government.
under section 369 may appeal to the court (4) An appeal under subsection (3) must be
against a deemed refusal of the request. started within 20 business days after the end
(4) An appeal under subsection (3) may be of the decision period..
started at any time after the last day the
decision on the matter should have been
made.
Page 18 of 18
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