0015A873.001

Section 2

NOOSA COUNCIL IDAS Development Application Decision Notice                                             2 of 10

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 Works            Landscaping, Access and Carparking, Stormwater Drainage,
                                                     Frontage Works and Erosion & Sediment Control

11.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                             Date:       9 August 2007




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Section 3

NOOSA COUNCIL IDAS Development Application Decision Notice                                                 3 of 10




                                     Noosa Council Conditions
                                     INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


Land Use

1.    Development undertaken in accordance with this approval must generally comply with the approved plans
      of development. The approved plans are titled and numbered Floor Plans 07-3646 Sheet 1, Issue D1;
      Plan/Section 07-3646 Sheet 2, Issue D; Roof Plans 07-3646, Sheet 3, Issue D; Elevations 07-3646 Sheet
      4, Issue D and 3D Views 07-3646 Sheet 5, Issue D; prepared by Burleigh Design and Drafting and dated
      13 June 2007 and as may be amended by these conditions.

2.    Prior to the issue of Operational Works approval, amended architectural plans shall be submitted
      demonstrating compliance with site cover requirements of 40% and building height (2 storeys and 8
      metres). In relation to building height, the area between the kitchen and work area above (floor to ceiling
      height) shall not exceed 5 metres and the central dividing wall located at the rear of the building shall be
      reduced in height to not exceed 8 metres above natural ground level.

3.    The development must be undertaken and operated in a manner that causes no detrimental effect upon
      the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other
      emissions.

4.    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 landscape plans required to be submitted are to
      denote areas of existing vegetation or existing trees proposed or required to be retained and shall
      include:-

      4.1    the provision of screen planting along the site’s front (eastern) boundary;

      4.2    the provision of dense screen planting, including at least 2 x 400 Litre pot size (per side) along the
             site’s northern and southern boundaries to protect the privacy of adjoining premises; and

      4.3    the provision of two street trees in the road reserve in front of the site.

5.    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.

6.    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.

7.    The development shall not exceed a maximum building height of 2 storeys and 8 metres above natural
      ground level.

8.    A verification survey of the building 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 as
      required by either the conditions of approval or the Planning Scheme.

9.    Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining
      as open structures.

10.   All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems
      (LPG or natural).

11.   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.




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Section 4

NOOSA COUNCIL IDAS Development Application Decision Notice                                                4 of 10


12.   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.

13.   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.

14.   The Development Permit for a material change of use of premises lapses if the use has not happened by
      9 August 2011, unless an application to extend the currency is approved by Council.

15.   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

16.   A vehicular access driveway shall be constructed from the Grant Street frontage of the site with a
      maximum width of 4.5m.

17.   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 AS2890.1-2004 Council will require that the driveway be removed and reconstructed to levels that do
      comply.

18.   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 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.

19.   All vehicles shall enter and leave the site in a forward direction.

Car Parking

20.   Carparking shall be provided within the site as shown on drawing number 07-3646 dated 31/01/07 by
      Burleigh Design Drafting except as modified herein.

21.   A minimum of 3 car parking spaces shall be provided on-site, with at least one space being available for
      visitor parking.

22.   The carparking area shall be designed to comply with the provisions of AS 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.

Frontage Works

23.   Footpath improvements such as topsoiling, grassing, and tree planting are required to the Grant Street
      frontage of the site in accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines.

24.   A new 1.5m wide concrete path shall be constructed from the Grant Street kerb to the proposed front gate
      of the site in accordance with Council’s design standards and to an alignment that protects any significant
      vegetation or any underground services.




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Section 5

NOOSA COUNCIL IDAS Development Application Decision Notice                                                     5 of 10


Roof Water & Stormwater Drainage

25.   Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank (minimum
      storage 5000 litres per dwelling) 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 located
      at the rear of the site.

      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 structure at the
      rear of the site.

Sewer Mains

26.   The site shall be connected to Council’s existing sewerage reticulation system that traverses the site at
      the rear of the site and be constructed in accordance with Council’s standards and requirements at no
      cost to Council.
      To ensure Council’s sewer main is accessible for maintenance purposes and is protected from risk of
      damage no structures requiring a building permit (eg. buildings, swimming pools, retaining walls
      exceeding 1m in height, raised terraces, etc) shall be constructed within this ‘zone of influence’ (taken as
      the area within a 45-degree angle measured from the invert of the sewer main to the finished surface
      level) or within 1.5m of the centreline of the sewer main, whichever is the greater.

27.   Any landscaping or trees planting on or near the existing sewer and drainage easements at the rear of the
      site shall take into consideration the recommendations of PSP 03 – Item 22 in relation to Planting in
      Vicinity of Sewers and Manholes.

Town Water Supply

28.   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.

29.   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.

30.   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.

Earthworks

31.   Earthworks carried out on site shall not affect the structural integrity of any of the existing fences or
      structures that border the development site. Fences that are affected shall be replaced prior to the
      Building Certifier issuing the Certificate of Classification. In this regard any fences to be replaced shall be
      clearly shown on the plans submitted for Operational Works approval.

Erosion and Sediment Control

32.   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.




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Section 6

NOOSA COUNCIL IDAS Development Application Decision Notice                                                 6 of 10


Contributions Towards Council Infrastructure

33.   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)                                      $1,352

          PSP16 – Sewerage Headworks Contributions                                            $1,234

          PSP17 – Water Supply Headworks Contributions                                        $1,833

          PSP20 – Pathway Trunk Network Contributions                                         $972

                                                                                              $5,391
          TOTAL Contribution Amount =


          Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane
          from June 2007 until the date of payment.

      All contributions must be paid prior to the issue of a Development Permit for Operational Works

General

34.   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.

35.   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.

36.   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

37.   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.

38.   Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool pumps etc)
      shall comply with the following requirements:

      39.        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.

      40.        A person must not use equipment on any day if it makes or causes noise to be made:

                 41.      From 10pm to 7am: More than the lower of either –
                                40 dB(A)
                                3 dB(A) above the background noise level
                 42.        From 7am to 7pm: More than the lower of either –
                                50 dB(A)
                                5 dB(A) above the background noise level
                 43.          From 7pm to 10pm: More than 3 dB(A) above the background noise level.

                 44.          Pool pumps must not be audible at an effected premises between 10pm-7am.




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Section 7

NOOSA COUNCIL IDAS Development Application Decision Notice                                                  7 of 10


      45.      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.

46.   Noise from residential building works shall comply with the following –

      47.      Limited to between 7:00am to 6:30pm Monday to Saturday.

      48.      All reasonable measures are taken to minimise noise emissions.

      49.      Not permitted on Sunday or public holidays.




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Section 8

NOOSA COUNCIL IDAS Development Application Decision Notice                                                 8 of 10



                                     Local Laws, Policies & State
                                     Regulation Requirements
                                     INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


     THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM
                             CONDITIONS OF APPROVAL

1.      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
                                    Vacant Land (one          Multiple Housing - Type
         Detached House                                                                   2 x 2 Bedroom Units
                                    Dwelling allocation)      2 – Duplex

2.      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 $3,747 and is subject to variations in the Consumer Price Index, All Groups Brisbane from
        June 2007 until the date of payment. An Infrastructure Charge Notice will be issued in accordance with
        Chapter 5 of the Integrated Planning Act 1997.

3.      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.

4.      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.

5.      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.

6.      The development should be undertaken and operated 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.

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.




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Section 9

NOOSA COUNCIL IDAS Development Application Decision Notice                                                          9 of 10



                                                    Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

   The following is an extract from the Integrated                           (6) If an application involves assessment against
   Planning Act (Chapter 4).                                              a concurrence agency code, appeal rights for
                                                                          submitters for the application are not available
   Division 8 - Appeals to                   court      relating     to   against the part of the approval that represents the
   development applications                                               concurrence agency’s response for the code.
   Appeals by applicants                                                  Appeals by advice agency submitters
   4.1.27.(1) An applicant for a development application                  4.1.29.(1) An advice agency may, within the limits of
   may appeal to the court against any of the following-                  its jurisdiction, appeal to the court about the giving of
   (a) the refusal, or the refusal                 in   part,   of   a    a development approval for a development
       development application;                                           application if-

   (b) a matter stated in a development approval,                         (a) the development application involves impact
       including any condition applying to the                                assessment; and
       development, and the identification of a code                      (b) the advice agency told the applicant and the
                            1
       under section 3.1.6;                                                   assessment manager to treat its response to the
   (c) the decision to give a preliminary approval when a                     application as a submission for an appeal.
       development permit was applied for;                                   (2) The appeal must be started within 20 business
   (d) the length of a currency period;                                   days after the day the decision notice or negotiated
                                                                          decision notice is given to the advice agency as a
   (e) a deemed refusal.                                                  submitter.
      (2) An appeal under subsection (1)(a) to (d) must                   Appeals for matters arising after approval given
   be started within 20 business days (the “applicant’s                   (co-respondents)
   appeal period”) after the day the decision notice or
   negotiated decision notice is given to the applicant.                  4.1.30.(1) For a development approval given for a
                                                                          development application, a person to whom any of
       (3) An appeal under subsection (1)(e) may be                       the following notices have been given may appeal to
   started at any time after the last day a decision on the               the court against the decision in the notice-
   matter should have been made.
                                                                          (a) a notice giving a decision on a request for
   Appeals by submitters                                                      extension of the currency period for an approval;
   4.1.28.(1) A submitter for a development application                   (b) a notice giving a decision on a request to make a
   may appeal to the court about-                                             minor change to an approval.
   (a) the giving of a development approval, including                        (2) The appeal must be started within 20 business
       any conditions (or lack of conditions) or other                    days after the day the notice of the decision is given
       provisions of the approval; or                                     to the person.
   (b) the length of a currency period for the approval.                        (3) Subsection (1)(a) does not apply if the
                                                                          approval resulted from a development application
       (2) The appeal must be started within 20 business                  (superseded planning scheme) that was assessed as
   days (the “submitters appeal period”) after the day                    if it were an application under a superseded planning
   the decision notice or negotiated decision notice is                   scheme.
   given to the submitter.
                                                                             (4) Also, a person who has made a request
      (3) If a person withdraws a submission before the                   mentioned in subsection (1) may appeal to the court
   application is decided, the person may not appeal the                  against a deemed refusal of the request.
   decision.
                                                                              (5) An appeal under subsection (4) may be
      (4) If an application involves both impact                          started at any time after the last day the decision on
   assessment and code assessment, appeal rights for                      the matter should have been made.
   submitters are available only for the part of the
   application involving impact assessment.                               Division 9 - Appeals to court about other matters
       (5) If an application is processed under section                   Appeals for matters arising after approval given
   6.1.28(2), appeal rights for submitters for the                        (no co-respondents)
   application are available only for the aspects of the
   development that would have required public                            4.1.31.(1) A person to whom any of the following
   notification under the repealed Act.                                   notices have been given may appeal to the court
                                                                          against the decision in the notice-
                                                                          (a) a notice giving a decision on a request to change
                                                                              or cancel a condition of a development approval.
   1
        Section 3.1.6 (Preliminary approval may override local planning
       instrument)



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Section 10

NOOSA COUNCIL IDAS Development Application Decision Notice                                       10 of 10

                                      2
(b) a notice under section 6.1.44 giving a decision to
    change or cancel a condition of a development
    approval.
    (2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.
   (3) Also, a person who has made a request
mentioned in subsection (1)(a) 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.
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.




2
     Section 6.1.44 (Conditions may be changed or cancelled by
    assessment manager or concurrence agency in certain
    circumstances)




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