Decision Notice - 010.2006.00002612.001 · 132006.2612

Form 6 - Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION

File No:	2006/2612	Date of Decision:	11 January 2007
Applicant Details
Name:	Aaron Miller
Postal address:	CARE Greg Gibbs Architects
PO Box 1272
NOOSA HEADS QLD  4567
Phone no:	07 5474 0408	Fax no:	5474 0441

PROPERTY DESCRIPTION
Street address:	6 Maher Terrace, Sunshine Beach
Real property description:	Lot 762 RP 48111, County of March, Parish of Weyba
Owner Details
Name:	Mark Walter Miller
Postal address:	8 Maher Terrace
SUNSHINE BEACH  QLD  4567
Referral Agencies
Referral Agency	Address	Basis
Nil

Application Type
Development	Development Details	Preliminary Approval	Development Permit
Material Change of Use	Detached House	No	Yes
Decision details
Council decided to approve the application and grant a Development Permit, subject to conditions.
applicable codes
The developer must comply with the following codes for self-assessable development related to the development approved under this Development Permit:-
Detached House Driveways Code.
SUBMISSIONS
Not applicable.
Conditions
The approval is subject to conditions. Noosa Council’s conditions are attached.
Further Development Permits Required
Type of Development Permit required	Subject of the required Development Permit
Development Permit for Building Works	All building works
Rights of Appeal
Rights of appeal in relation to this application are attached.
Assessment Manager
Name:	Noosa Council	Signature:
	Date:	12/01/07

	Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are titled and numbered
Site Plan, 0652 WD02, dated June 2006
Level 1 Plan, 0652 WD03, dated August 2006
Level 2 Plan, 0652 WD04, dated August 2006
Roof Plan, 0652 WD05, dated August 2006
Elevations, 0652 WD06, dated August 2006
Elevations, 0652 WD07, dated August 2006
 prepared by Greg Gibbs Architect and as may be amended by these conditions.
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.
All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural).
A rainwater storage tank with a minimum capacity of 3000 litres shall be provided on site to service the detached house.  The tank is to be installed to ensure water from the tank can be used both:
4.1 	for external use such as watering gardens, irrigation, ornamental ponds or water features, topping up swimming pools, outdoor cleaning; and
4.2	for use in flushing of toilets internal to the building.
Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) are not constructed under overhead electricity transmission lines, or within any easements.
The Development Permit for a material change of use lapses if the use has not happened by 11 January 2011, unless an application to extend the currency is approved by Council.

	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
The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that makes or causes audible noise to be made from the building work:
On a Sunday or public holiday, at any time; or
On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
Prior to the commencement of the development, a plumbing assessment must be obtained from Noosa Council’s Plumbing Services Section in accordance with the Plumbing & Drainage Act 2002 (as applicable).

	Appeal Rights
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

The following is an extract from the Integrated Planning Act (Chapter 4).
Division 8 - Appeals to court relating to development applications
Appeals by applicants
4.1.27.(1) An applicant for a development application may appeal to the court against any of the following-
the refusal, or the refusal in part, of a development application;
a matter stated in a development approval, including any condition applying to the development, and the identification of a code under section 3.1.6;
the decision to give a preliminary approval when a development permit was applied for;
the length of a currency period;
a deemed refusal.
(2) An appeal under subsection (1)(a) to (d) must be started within 20 business days (the “applicant’s appeal period”) after the day the decision notice or negotiated decision notice is given to the applicant.
(3) An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.
Appeals by submitters
4.1.28.(1) A submitter for a development application may appeal to the court about-
the giving of a development approval, including any conditions (or lack of conditions) or other provisions of the approval; or
the length of a currency period for the approval.
(2) The appeal must be started within 20 business days (the “submitters appeal period”) after the day the decision notice or negotiated decision notice is given to the submitter.
(3) If a person withdraws a submission before the application is decided, the person may not appeal the decision.
(4) If an application involves both impact assessment and code assessment, appeal rights for submitters are available only for the part of the application involving impact assessment.
(5) If an application is processed under section 6.1.28(2), appeal rights for submitters for the application are available only for the aspects of the development that would have required public notification under the repealed Act.
(6) If an application involves assessment against a concurrence agency code, appeal rights for submitters for the application are not available against the part of the approval that represents the concurrence agency’s response for the code.
Appeals by advice agency submitters
4.1.29.(1) An advice agency may, within the limits of its jurisdiction, appeal to the court about the giving of a development approval for a development application if-
the development application involves impact assessment; and
the advice agency told the applicant and the assessment manager to treat its response to the application as a submission for an appeal.
(2) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
Appeals for matters arising after approval given (co-respondents)
4.1.30.(1) For a development approval given for a development application, a person to whom any of the following notices have been given may appeal to the court against the decision in the notice-
a notice giving a decision on a request for extension of the currency period for an approval;
a notice giving a decision on a request to make a minor change to an approval.
The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
Subsection (1)(a) does not apply if the approval resulted from a development application (superseded planning scheme) that was assessed as if it were an application under a superseded planning scheme.
Also, a person who has made a request mentioned in subsection (1) may appeal to the court against a deemed refusal of the request.
An appeal under subsection (4) may be started at any time after the last day the decision on the matter should have been made.
Division 9 - Appeals to court about other matters
Appeals for matters arising after approval given (no co-respondents)
4.1.31.(1) A person to whom any of the following notices have been given may appeal to the court against the decision in the notice-
a notice giving a decision on a request to change or cancel a condition of a development approval.
a notice under section 6.1.44 giving a decision to change or cancel a condition of a development approval.
The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
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.
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-
the decision; or
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.

 Section 3.1.6 (Preliminary approval may override local planning instrument)
 Section 6.1.44 (Conditions may be changed or cancelled by assessment manager or concurrence agency in certain circumstances)

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NOOSA COUNCIL IDAS Development Application Decision Notice	2 of 6

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Page: 1
Insert name and address of agency.
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If refused, delete the section headed Referral Agencies
Referral Agency	Address	Basis
<<name of referral agency>>	<<address of referral agency>>	<<referral basis>>
Application Type and Decision details
Council decided to <
applicable codes
The developer must comply with the following codes for self-assessable development related to the development approved under this Development Permit:-
<<insert applicable codes for self-assessable development >>.
SUBMISSIONS
<<insert submission details if applicable>>. See attached list.
Conditions and insert reasons for refusal.
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Insert Designer’s Name, Plan No. and Date of Plan.
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Insert Yes or No in each column adjacent to each category.
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Type name of officer signing