08/0169 - MCU - Dwelling House To Be Assessed Against the Superseded Planning Scheme [As Published] · 132008.169

Page 2

Our Reference: 00934 L01 NG

martoo
consultingo
pty Itd

town planners +
urban designers

 

1* February 2008

Chief Executive Officer
Noosa Shire Council
P.O. Box 141
Tewantin Qid 4565

  

 

ATTENTION: ENVIRONMENT AND PLANNING DEPARTMENT
Dear Sir/Madam

RE: APPLICATION FOR DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF
@ PREMISES FOR A DWELLING HOUSE, POOL, TENNIS COURT AND STUDIO LOCATED
AT LOT 1 ON RP197117, 71 SEAVIEW TERRACE, SUNSHINE BEACH, ADRIAN SLINGER

Please find enclosed a development application for the above proposal which has been prepared in
accordance with the integrated Planning Act 1997 and lodged with your Council as the Assessment
Manager of this application.

The attached development application includes:

* — six (6) copies of the Proposal Report and associated proposal plans;

* acompleted IDAS application Form 1 Parts A, D, Attachment 1 and Checklist; and

* a cheque for $650.00 which is understood to be Council's application fee as the
Assessment Manager.

Please contact our Noosa office if you require any further information and/or clarification.

Yours faithfully

@ AL 4°03

Nadine Gorton
Senior Planner
martoo consulting pty Itd

Ene :(12)

SUNSHINE COAST OFFICE GYMPIE OFFICE
1/199 GYMPIE TERRACE NOOSAVILLE - PO BOX 1684 NOOSAHEADS Q 4567 1/28 REEF STREET GYMPIE - PO BOX 391 GYMPIE Q 4570

TELEPHONE 07 54555425 - FACSIMILE 07 54555725 TELEPHONE 07 54827440 - FACSIMILE 07 54824952
[email protected] [email protected]

 

Page 3

\

INTEGRATED PLANNING ACT 1997

*

   

Part A, Version 3.0, 3 September 2007

    
  

Form 1 Development Application

Part A

Common details

 

Identification of the premises the subject of the application — ~~ " _
1. Can any part of the premises be identified by a street address or lot on plan description?
[J No - Answer Q1(a)

Yes - Complete Table B and answer Q1(b) and Q1(c)

 

 

 

Table B
Lot on plan description
© |S] its] some | ashe | a AERTS = anenmtoe
number (ag. RP, SP) number
A Seaview Terrace Sunshine Beach 4567 1 RP 497117 Noosa

 

 

 

 

 

 

 

 

 

 

 

1(b). Can the address be further described by shop/tenancy number or storey/evel?
No
(1 Yes - Complete Table C

1(c). Is any part of the premises strategic port land under the Transport Infrastructure Act 1994?
No
L] Yes - Complete Table D

2. Can the premises best be identified by coordinates (e.g. for development proposed in waters, or on a site within a large rural fol)?
@ .

(LJ Yes - Complete Table E

3. Are the premises within or adjacent to a water body or watercourse?
No
QO Yes - Complete Teble F and answer Q3(a}

4.  Whatis the total area of land that makes up the premises (ie. the area covered by the application)?

 

 

 

 

 

 

 

 

 

Area of land above high water mark/outside watercourse Area in a water body or watercourse
9,942.00 m? [hectares (Tick applicable unit) (im? [Jhectares (Tick applicable unit)
Existing use of the premises |

 

5. Are the premises currently used for any purpose?

[x] No

[1 Yes - Ensure details of any existing use of the premises are provided in plans and documentation submitted with this application, e.g. location
and nature of existing uses, buildings, structures and services

Page 4

‘

INTEGRATED PLANNING ACT 1997

Part A, Version 3.0, 3 September 2007

6. Are there any existing easements on the premises (e.g. for vehicular access, electricity, overland flow)?

[X] No

O Yes - Complete Table H and ensure the location and dimensions of each easement are included in plans, submitted with the application

[Proposal details

7. Are new uses proposed on the premises?

C1 No

Yes - Provide details in

Table |

Table |

 

Each proposed new use

 

 

 

1 dwelling house, pool, tennis court and studio

 

 

8. Are new buildings or structures proposed to be erected on the premises?

(J No

Yes - Ensure the nature, location and dimensions of the proposed new buildings, structures or services are included in plans, submitted with the

application

 

(Applicant details

9. Whois the applicant for the application?

 

(if applicable)

Company/organisation name

 

 

Adrian Slinger

 

Individual/ contact person details

 

Title Ms

=

 

First name [Nadine Lastname |Gorton

 

 

Postal address

cr Martoo Consulting Po Box 1684 Noosa Heads Q 4567 _

 

Contact telephone number

[5455 5425

 

Mobile phone number

 

Facsimile number

 

{5455 5725

 

 

e-mail address

 

[email protected]

 

 

[Owner's consent and resource entitlement.

J

 

10. Does the application involve a State-owned resource prescribed by schedule 10 of the Integrated Planning Regulation 1998 (IP Reg) or

any other regulation?

[X] No

oO Yes - Complete a new Table J for each State-owned resource and submit, with the application evidence of resource allocation or entitlement

Page 5

4

INTEGRATED PLANNING ACT 1997 Part A, Version 3.0, 3 September 2007
11. Does the application involve land other than State-owned land (i.e. privately owned land) and require owner's consent?

No
oO Yes - Complete Table K and submit, with the application, written documentation of all owner's consent

~o ne a oe - ere

[Mandatory attac! attachments and supporting information \

12. What are the other parts of IDAS Application Form 1 submitted with this application, and t the other ‘mandatory attachments and
supporting information accompanying this application, not identified in those other form parts?

 

 

 

 

 

 

(29 Pot GofFom i ome’scrent eatercect | og Genel Ath laesSeetTac | Date | Mehodo elie o
resource allocation/entitemem, plans, drawings, reports) Report)
1 Part D 31-Jan-2008 | over the counter
2 Referral checklist 31-Jan-2008 | over the counter
3 Attachment 1 31-Jan-2008 | over the counter
4 Proposal Report 00934 January 2008 | over the counter

 

 

 

 

 

 

 

 

Portable Long Service Leave (PLSL) levy for building and construction work

@ 13. Is payment of a Portable Long Service Leave (PLSL) levy required for building and construction work before a development permit for
the application can be given?

No
LD Yes

13(a). Indicate the reason PLSL is not applicable

The application is not for building and construction work under the Building and Construction Industry (Portable Long
Service Leave) Act 1991, section 3AA (e.g. the application is only for a change of use or for the following types of work carried
out solely for farming purposes: land clearing, site preparation, earthworks, fences, fodder harvesting, clearing of encroaching
vegetation, clearing of regrowth, thinning vegetation or controlling weeds or pests); or

() Allcosts, that relate to the work both directly and indirectly, are less than $80,000, inclusive of GST; or

(The work is being carried out under an owner-builder permit issued under the Queensland Building Services Authority
Act 1991- Complete and submit a QLeave Notification and Payment Form (no payment required if owner-builder permit number
stafed). The receipted form must be sighted by the assessment manager before a development permit can be given

 

OFFICE USE ONLY

 

 

 

 

Date Received | Lv \ ov Reference Numbers OF | OILS

 

FOR COMPLETION BY ASSESSMENT MANAGER

 

Is a QLeave Notification and Payment Form required for this application?

(J No

L] Yes - Complete Table M

 

NOTIFICATION OF ENGAGEMENT OF PRIVATE CERTIFIER

To Council

 

 

 

 

| have been engaged as the private certifier for the building work referred to in this application

 

Date of

engag t Accreditation number Name BSA Certification number Building classification

 

 

 

 

 

 

 

 

Page 6

INTEGRATED PLANNING ACT 197 Part A, Version 3.0, 3 September 2007

Advice for completing Part A

 

General advice

Act 1975 only.

© — Under IPA, section 3.2.1(7) mandatory requirements must be correctly completed for a development application to be a ‘properly made application’.
The assessment manger may refuse to receive an application that is not properly made.

« — Completion of Part A of Form 1 is required for all development applications, Other mandatory requirements, applicable to certain types of applications,
are stated in other Parts of Form 1.

« The IDAS Assessment Checklist must also be completed for all development applications, other than those requiring assessment against the Building

« — For further information about completing this form go to IDAS Guide 1 (Making and IDAS application)

 

ai

The premises, the subject of the application, may be identified in a number of ways. Street address and lot on plan are most common.
Lot on plan details can be obtained from title documents or through the local government.

The term ‘premises’ is defined by the IPA, schedule 10 to mean a building or other structure, and land (whether or not a building or
other structure is situated on the land). The term ‘land’ is also defined to include the estate in, on, over or under the land.

A description of the land is not required if the application relates to a mobile and temporary Environmentally Relevant Activity (ERA)
only. Instead complete Q1(a).

StrategicPortLand is within a local government area but a local government's planning scheme does nat apply on Strategic Port Land.
StrategicPortLandis declared under the Transport Infrastructure Act 1994. For further information go to IDAS Guide 11 (Development
on strategic port land) and the Queensland Transport (Ports) website.

 

Q2

Coordinates often provide the best means of accurately identifying the location of development proposed in waters, or on a relatively
small development site distant from property boundaries. Sufficient coordinates need to be provided to identify the boundary of the
premises the subject of the application.

Eastings and northings using GDA94 datum is preferred, but longitude and latitude and other (specified) datum may be provided.

 

Q3

A single development application may involve land both within and outside waters.

A ‘watercourse’ is defined by the Water Act 2000, schedule 4 and generally means a river, creek or stream upstream of the point to
which high spring tide ordinarily flows and reflows (unless a regulation has declared a limit for the watercourse). Generally, a
watercourse is in the jurisdiction of the Department of Natural Resources and Water.

“Tidal water’ is defined in the Coastal Protection Act 1995 (Schedule) and ‘tidal area’ for a local government and for strategic port land
is defined in the IPA (schedule 10). Generally, the area below ‘high-water mark’ (defined by the Coastal Protection Act in relation to
high water mark at spring tides) establishes the boundary of a tidal area.

Land below high water mark is not within a local government's area unless provided for under the Local Government Act 1993.

Unless otherwise provided for by legislation, a local government has no jurisdiction below high water mark. A tidal area for strategic
port land is within the jurisdiction of the relevant port authority, while the Environmental Protection Agency generally has jurisdiction for
a local government tidal area. However, the IPA gives local governments jurisdiction for assessing and deciding applications for
prescribed tidal works within the tidal area for a local goverment, and the planning scheme may be applied to that assessment (to the
extent provided for in the code for prescribed tidal work).

 

Qg

The applicant need not be the owner of the land. However, the applicant is responsible for ensuring the information provided on the
Form 4 Application Form (including this Part and any other relevant Part) is correct.

If the applicant is a company or organisation, a contact person must be nominated.

Evidence of this consent may need to be provided before the application will be accepted as properly made by the Assessment
Manager, during the processes of the application or in the event of an appeal about the outcome of the application.

 

Q10

 

Section 3.2,1(5) of the (PA requires evidence of resource entitlement be given for applications involving a prescribed State resource.
Schedule 10 of the Integrated Planning Regulation 1998 (IPR) prescribes the State resources, including State-owned land, where
evidence is required to be given, and the evidence required to support the application. Link to Integrated Planning Regulation
Section 3.2.1(10)(a)(ii) states an application cannot be taken to be properly made without the required evidence..

Evidence may be required from more than one Department responsible for a State-owned resource, e.g. from the Environmental
Protection Agency for quarry material below high water mark, and the Department of Natural Resources and Water in relation to the
State-owned land above high water mark.

In the case of applications involving the taking or interfering with water under the Water Act, the development application may be
made at the same time as the request for resource entitlement.

In the case of State-controlled roads, a resource entitlement is not required for an activity that is exempt ancillary works or
encroachment (identified by gazette notice under the Transport Infrastructure Act 1994, section 50), or if the activity requires referral to
the Department of Main Roads.

 

 

Page 7

oan

INTEGRATED PLANNING ACT 1997 Part A, Version 3.0, 3 September 2007

 

Qi

. Section 3.2.1(3) of the IPA prescribes that an application must contain, or be supported by, the written consent of the land owner's, if
the application involves any of the following:
{i) a material change of use;
(ii) reconfiguration of a lot;
(iii) work on land below high-water mark and not within a canal as defined under the Coastal Protection and Management
Act 1995; or
(iv) work on rail corridor land defined under the Transport Infrastructure Act 1994.
° ‘Owner’ for the purpose of a lodging an IDAS development application means the person at the time of lodging the
application, entitled to receive the rent for the land (or would be entitled to receive the rent for it if it were let to a tenant at a rent).
° Owner's consent is not required for a mobile and temporary ERA.

 

Q12

Only information not identified in other Parts of Form 1 needs to be listed in this section of Part A.

 

Qi3

The Building and Construction Industry Portable Long Service Leave Scheme provides long service leave entitlements to workers in
the building and construction industry who would be unlikely to accrue enough service with one employer to qualify for long service
leave. To fund the scheme, a levy is collected on all building and construction work carried out in Queensland where the total cost of
the work, whether direct or indirect, is $80,000 or more inclusive of GST. This amount and other prescribed percentages and rates for
calculating the levy are stated in the Building and Construction industry (Portable Long Service Leave) Regulation 2002. Included in
the amount collected by QLeave is the Workplace Health and Safety Fee and the Building and Construction IndustryTrainingLevy.
The Building and Construction Industry (Portable Long Service Leave) Act 1991 (PLSL Act) defines the building and construction
industry for the purposes of the levy and includes, for example, renovating, relocating, constructing, altering, demolishing, maintaining
or repairing buildings, pools, roads, jetties, pipelines, fences or earthworks, and works for subdividing, irrigating or draining jand.

The PLSL Act requires the portable tong service leave levy (PLSL levy) be paid before the assessment manager may give a
development permit for certain building or operational work. The assessment manager must sight an approved form issued by
QLeave advising of the status of the payment of the levy.

Building and Construction Industry Notification and Payment Forms are available from anyQueenslandpost office or agency, on
request from QLeave, ar can be completed on the QLeave website at www.qleave.qld.gov.au

For further information contact QLeave (Tel: 1800 803 481 Web: www.gleave.qld.gov.au )

 

 

 

Privacy Statement

The information collected on Form 1 will be used by the Department of Local Goverment, Planning, Sport and Recreation in
accordance with the processing and assessment of your Application. Your personal details will not be disclosed for a purpose outside
of the IDAS process, except where required by legislation (including the Freedom of Information Act 1992) or as required

by Parliament. This information may be stored in a Department of Local Government, Planning, Sport and Recreation database. The
information collected will be retained as required by the Public Records Act 2002. For further information on your privacy, contact the
Privacy Contact Officer for the Department of Local Government, Planning, Sport and Recreation at (07) 3237 1860.

 

 

 

Proposal ID

 

 

 

 

 

 

 

Page 8

31/61/2088 12:46 61732084841 TLC SPRINGWOOD

"34. dan. 2008 12:37 WARTOO CONSULTING nv. yuuy oe a AGE G1
Chief Executive Officer
Noosa Council
P.O Box 141

TEWANTIN QLD 4868
Attention: Planning and Development Section

Dear Sir,

RE: APPLICANTS AND LANDOWNERS CONSENT FOR A DEVELOPMENT
APPLICATION SEEKING A DEVELOPMENT PERMIT FOR A DWELLING IN A
NON URBAN ZONE AT 71 SEAVIEW TERRACE SUNSHINE BEACH
DESCRIBED AS LOT 1 ON RP187117

Ag the applicant and landowner of Lot 1 on RP197117, } the undersigned.consent to the making of the
above development application which seeks a development permit for a Material Change of Use for a
Dwelling in a Non Urban zone at 71 Seaview Terrace, Sunshine Beach.

We also confirm thet Martoo Consulting Ply. Ltd. is our contact as applicants to this development
applicant unless we advise Noosa Council otherwise.

Yours falthtully

   

Page 9

r

INTEGRATED PLANNING ACT 1997 Attachment 1, Version 3.0, 3 September 2007

    
   
  

 

Form 1 Development Application

Attachment 7

Development application (superseded planning scheme)

 

 

Nature of the application

 

1. What is the nature of this application? (Tick applicable box/es)

(i) Request for proposed development to be assessed under the provisions of a superseded planning scheme - Also
complete Part A and any other applicable Parts of Form 1
O (i) Advise the intention to carry out development that would not have required a development permit under a superseded

planning scheme - Also complete Part A only. No other Part of Form 1 is required

2. What are the details of the superseded planning scheme? - Complete Table A

 

 

 

 

 

 

 

 

 

 

 

Table A
1 Shire of Noosa Strategic Plan and Schedule 03-Feb-2006
OFFICE USE ONLY
Date Received Reference Numbers

 

 

 

Page 10

 

*

INTEGRATED PLANNING ACT 1997 Attachment 1, Version 3.0, 3 September 2007

Advice for completing Attachment 1

 

General advice

Completion of Form 1 Development Application Attachment 1 is mandatory for a development application (superseded planning scheme).
Attachment 1 must be accompanied by Form 1 Development Application Part A.

All questions must be answered. .

A superseded planning scheme means the pianning scheme, or any related planning scheme policies, in force immediately before —

(a) _ the planning scheme or policies, under which a development application is made, were adopted; or

(b) the amendment, creating the superseded planning scheme, was adopted.

IPA, section 3.2.5 deals with acknowledgement notices and other matters in relation to applications under superseded planning schemes.

 

ai

There are two types of development application (superseded planning scheme), as described by Q1(i) and (ii). See IPA, schedule 10 (dictionary)
« For both types of development application (superseded planning scheme) the application is one -
. made only to a local goverment as the assessment manager, and
. made within 2 years after the day the planning scheme or planning scheme policy creating the superseded planning scheme took effect or
the amendment creating the superseded planning scheme tock effect.

e For the first type of development application (superseded planning scheme), the local government has discretion to agree or not agree with the request.
The loca! goverment must advise in the acknowledgment notice whether the application will be assessed under the superseded planning scheme (as
requested) or the existing planning scheme.

« — For the second type of development application, (superseded planning scheme), the focal government has discretion to agree or not agree with the
development proponent and may advise in the acknowledgment notice that a development permit is required.

 

 

 

Proposal ID

 

 

 

 

 

 

 

 

Page 11

»
vo INTEGRATED PLANNING ACT 1997 Part D, Version 3.0, 3 September 2007

     
  

Form 1 Development Application

Part D

Material change of use assessable against a planning scheme

 

 

Planning scheme identification

Oe

 

1. How is the premises identified / zoned in the applicable planning scheme?

 

 

Each lot making up the premises List of applicable zone/precincts/areas List of applicable overlays
4 Lot 1 on RP 197117 Non Urban and Open Space Nil

 

 

 

 

 

 

 

[Nature of the material change of use (MCU)

 

e@ 2. Is the application seeking approval for more than one MCU on the premises?
No - Complete Table A
(1 Yes - Complete a new Table A for each proposed MCU

 

Table A

(i) Howis the proposed use defined in the applicable planning scheme? Also provide applicable details of the proposed use.

 

 

Number of dwelling /] Days and hours | Number of
Planning scheme definition Explanation of the proposed use tenancy units of operation | employees
(if applicable) (if applicable) {if applicable)
Dwelling house dwelling, pool, tennis court and studio 0

 

 

 

 

 

 

 

(ii) What is the nature of the material change of use?
Start of a new use of the premises
(1) Amaterial change in the intensity or scale of the use of the premises - Complete Table A(a)

 

e [_]_ The re-establishment on the premises of a use that has been abandoned

 

 

 

 

(iii) What type of approval is being sought?
Development Permit
() Preliminary Approval

(iv) Is there a current Preliminary Approval for this use on the premises?

No
(1 Yes - Complete Table A(b)

(v) Does the proposed use involve the reuse of existing buildings on the premises?

No
[_] Yes - Complete Table A(c) and submit, with the application, plans showing the size and location of the buildings to be reused

(vi) Does the proposed use involve new building work on the premises?

(No

Yes - Complete Table A(d) and submit, with the application, plans showing the size and location of the proposed new building work

 

 

 

Page 12

ra

” {NTEGRATED PLANNING ACT 1997

Part D, Version 3.0, 3 September 2007

 

 

 

 

 

Table A(d)
Proposed floor area [refer plans
Proposed site cover refer plans
Proposed maximum number of storeys [2
Proposed maximum height above natural ground level {refer plans

[—x] No

(viii) Does the proposed use involve new operational work on the premises?

L) No

(vii) Does the proposed use involve the reuse of other existing works on the premises?

oO Yes - Complete Table A(e) and submit, with the application, plans showing the nature and location of the works to be reused

Yes - Complete Table A(f) and submit, with the application, plans showing the nature and location of the proposed new operational

 

 

 

works
Table A(f)
Proposed number of on-site car parking bays [s
Proposed area of landscaping [refer plans
Proposed type of vehicle cross-over (for other than residential uses) Jrefer plans

 

Proposed maximum vehicular servicing arrangement {for other than residential uses) [car

 

 

 

 

 

 

[Mandatory Information ; “
3. Confirm that the following mandatory information accompanies this application.

 

Confirmation of

Method of lodgement

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

lodgement
For all applications
© ensly and Sele ofthe proposed use og renee enone ot emacotarage omy) (DR) _Cowfmed —j ver the counter
When the application involves reuse of existing buildings
(ii) Plans showing the size and location of the buildings to be reused (1 Confirmed
Not applicable
When the application involves new building work
(iii) Plans showing the size and location of the proposed new building work Confirmed
over the counter
[-] Not applicable
When the application involves reuse of other existing works
(iv) Plans showing the nature and location of the works to be reused [1 Confirmed
Not applicable
When the application involves new operational work
(v) Plans showing the nature and location of the proposed new operational works Confirmed
over the counter
L] Not applicable

 

 

OFFICE USE ONLY

 

 

 

 

Date received Reference numbers

 

 

Page 13

,

a ” INTEGRATED PLANNING ACT 1997 Part D, Version 3.0, 3 September 2007

Advice for completing Part D

General advice

 

» Part A must also be completed for all IDAS development applications.
» All questions must be answered unless following a response there is a statement to go directly to a particular question.

 

 

Table A A development permit authorises development to occur, while a preliminary approval is a step in the approval process and dees not authorise
development to occur.

 

 

 

Proposal ID

 

 

 

 

 

 

 

 

Page 14

.

INTEGRATED PLANNING ACT 1997 IDAS Assessment Checklist, Version 21.0, 3 September 2007

       

Form 1 Development Application

IDAS

Assessment Checklist

 

DAS Development Application Form 1 is the approved form for all development applications under the Integrated Planning Act
1997. Form 4 is made up of various Parts. Part A (Common details) of Form 1 must be completed for all applications. The
relevance of other Parts of Form 1 depends on the nature of the application.

Form 1 also includes the IDAS Assessment Checklist, which is used to assist in determining State assessment and referral
requirements, and the Parts of Form / relevant to the application.

Section 1 and all other relevant sections of the IDAS Assessment Checklist must be completed for all development applications
except those for building work requiring assessment against the Building Act 1975 only. For more advice refer to Part B of the
IDAS Application Form.

Answering the following questions will assist you in determining which sections of the checklist must be completed for your application.
Ifunsure, phone or visit your local government or tog on to the IPA website for help.

 

 

 

Does the application seek approval to materially change use of the premises? Ba Yes |INo
if yes - complete Section 2 of this checklist

 

Does the application seek approval to reconfigure a lot?
if yes - complete Section 3 of this checklist and Part F of IDAS Application Form 1 Yes |[x]No
Assessment is by the local government

Does the application seek approval to carry out operational work?
ifyes - complete Section 4 of this checklist O Yes |No

 

 

Does the application seek approval to carry out building work requiring assessment against the Fisheries Act 1994?

if yes - complete Section 5 of this checklist

Does the application seek approval to carry out building work requiring assessment against a local government planning
scheme?

If yes - complete Part E of IDAS Application Form 1 C1 Yes |[x]No
Assessment is by the local government

Does the application seek approval to carry out building work requiring assessment against the Building Act 1975?
if yes - go to Appendix 1 of this checklist for advice on building referrals. Complete Part B of IDAS Application. Form 1 (Yes |[xJNo
Assessment is by a building certifier

OD Yes |[x]No

 

 

 

 

 

 

 

SECTION 1 Section 1 must be completed for all applications that require completion of the IDAS Assessment Checklist.

 

 

 

 

 

‘HERITAGE i
4A Is any part of the proposal intended to be carried out on a registered place under the Queensland Heritage Act 1992?

No

OO Yes

IPA, schedule 8, part 1, table 5, item 2
IP Regulation, schedule 2, table 2, tem 18
IPA, section 1.3.5 (Definitions for terms used in development}

 

 

REMOVING QUARRY MATERIAL; WILD RIVER AREA ]
1.2 Does the proposal involve removing quarry material from a watercourse or lake as defined under the Water Act 2000?
No

C1 Yes

Page 15

INTEGRATED PLANNING ACT 1997 IDAS Assessment Checkist, Version 21.0, 3 September 2007
IPA, schedule 8, part 1, table 5, tem 1
IP Regulation, schedule 2, table 2, item 11
IP Regulation, schedule 1, table 5, item 2 (wild river area)
Water Act 2000, section 966C
Wild Rivers Act 2005, section 43A

 

[ENVIRONMENTALLY RELEVANT ACTIVITY; WILD RIVER AREA

1.3 Does the proposal involve an environmentally relevant activity (ERA), other than a mining activity or a petroleum activity?

No
OO Yes

IPA, schedule 8, part 1, table 2, item 1

IPA, schedule 8, part 1, table , tems 3 and 4

JP Regulation, schedule 2, table 2, items 1 and 23

Environmental Protection Act 1994, section 73AA (wild river area)
Wild Rivers Act 2005, section 43A

 

WITHIN THE LIMITS OF A PORT

14 's any part of the premises within the limits of a port under the Transport Infrastructure Act 1994?
No
L] Yes

IP Regulation, schedule 2, table 2, items 15 and 16 @
[DECLARED FISH HABITAT AREA |

1.5 Does any part of the premises adjoin a declared fish habitat area under the Fisheries Act 1994?

[x] No

O Yes - if answers to questions in other sections of this checklist indicate that the proposed development is assessable under IPA,
schedule 8, this application requires assessment by the Department of Primary industries and Fisheries (DPI&F). If DPI&F is nat
the Assessment Manager for the application, the agency has jurisdiction as Advice Agency.

{P Regulation, schedule 2, table 2, tem 26

iCOMMUNITY INFRASTRUCTURE

 

16 Is any part of the premises designated for community infrastructure?

No
[1 Yes

iP Regulation, schedule 2, table 3, tem 7

 

WASTE WATER MANAGEMENT e

17 Does the proposal involve the establishment or expansion of a waste water disposal system?

No
[] Yes

IP Regulation, schedule 2, table 3, tem 5

 

ISECTION 2 - Section 2 must be completed when the application seeks approval to materially change the use of premises.
[PLANNING SCHEME

24 ls the proposed use assessable under the planning scheme?

[]_No- (Go to Question 2.2)
Yes - (Complete Part D of IDAS Application Form 1 and answer Questions 2.1.1 - 2.1.14 below)

 

If yes, does the application request that the proposal be assessed against a superseded planning scheme?
Yes- (Complete Attachment 1)

(J No

Page 16

‘

INTEGRATED PLANNING ACT 1997 IDAS Assessment Checklist, Version 21.0, 3 September 2007
iSTATE-CONTROLLED ROAD ]
241.1 Isany part of the premises within 100m of a State-controlled road, or part of a future State-controlled road?

() Yes
No

If no, is the proposed use listed in schedule 5 of the Integrated Planning Regulation 1998 and does it exceed the specified
threshold?

LL) Yes - This application must be referred to the Department of Main Roads (DMR) as Concurrence Agency.

No

IP Regulation, schedule 2, table 3, tems t{a) and 3
{ACID SULFATE SOILS ~ ]

2.1.2 Is the use proposed in a local government area listed? in State Planning Policy 2/02: Planning and Managing Development
Involving Acid Sulfate Soils?

LI No
Yes

2 Aurukun, Bowen, Brisbane, Broadsound, Bundaberg, Burdekin, Burke, Bumett, Caboolture, Caims, Calliope, Caloundra, Cardwell, Carpentaria, Cook, Cooloola, Douglas,
Fitzroy, Gladstone, Gold Coast, Hervey Bay, Hinchinbrook, Isis, Johnstone, Livingstone, Logan, Mackay, Maroochy, Maryborough, Mirium Vale, Momington, Noosa, Pine
; Rivers, Redcliffe, Redland, Rockhampton, Sarina, Thuringowa, Tiaro, Torres, Townsville, Whitsunday

 

If yes, is the natural ground level of any part of the premises less than 20m AHD?
[1 No
Yes

If yes, will the proposed use involve the following?

« Excavating more than 1,000m? of soil or sediment at or below 5m AHD [x] No Yes

Filling the premises with 1,000m? or more of material with an average depth of —{] No O Yes
0.5m on tand, soil or sediment at or below 5m AHD

if yes to either or both - this application must be referred to the Department of Natural Resources and Water (NRW) as
Advice Agency.

IP Regulation, schedule 2, table 3, tem 4
State Planning Policy 2/02: Planning and Managing Development involving Acid Sulfate Soils, section 3.6

 

 

[COASTAL MANAGEMENT DISTRICT ‘|
2.1.3 Does the proposed use involve the following?
@ © Carrying out operational work, completely or partly in a coastal management district 1 No ] Yes

¢ Carrying out building work, completely or partly in a coastal management district, thatis the = [] No fl Yes
construction of new premises with a gross floor area (GFA) of at least 1,000m?

e Carrying out building work, completely or partly in a coastal management district, thatis the § [] No OYes
enlargement of the GFA of existing premises by more than 1,000m?

if yes to any one - this application must be referred to EPA as Concurrence Agency.
IP Regulation, schedule 2, table 3, item 6

 

 

\VEGETATION CLEARING |
2.1.4 Do the premises include a lot containing the following?

© Acategory 1, 2 or 3 area shown on a Property Map of Assessable Vegetation (PMAV) [x] No Yes

e  [f there is no PMAV for a lot, remnant vegetation x] No DO Yes

IP Regulation, schedule 2, table 3, item 11

 

[CONTAMINATED LAND - UNEXPLODED ORDNANCE |

2.4.5 Is any part of the premises in an area for which an area management advice has been given for unexploded ordnance?

L]_ Yes - (Complete Part N) This application must be referred to the Administering Authority as Concurrence Agency.
No

IP Regulation, schedule 2, table 3, item 12

Page 17

INTEGRATED PLANNING ACT 1997 IDAS Assessment Checklist, Version 21.0, 3 September 2007

PUBLIC PASSENGER TRANSPORT |

2.1.6 Is the proposed use listed in schedule 13C of the integrated Planning Regulation 1998 and does it exceed the specified threshold?
Oo Yes - This application must be referred to Queensland Transport (QT) as Concurrence Agency.

 

No
IP Regulation, schedule 2, table 3, tem 14
[RAILWAY SAFETY AND EFFICIENCY |

 

2.1.7 Is the proposed use listed in schedule 13D of the integrated Planning Regulation 1998 and does it exceed the specified threshold?

O Yes - This application must be referred to Queensland Transport (QT) as Concurrence Agency.
No

IP Regulation, schedule 2, table 3, item 15

 

[KOALA CONSERVATION

2.1.8 Is any part of the premises in a koala conservation area or koala sustainability area?

( No
Yes
If yes, is the use for a domestic activity, as defined by the IPA?

Yes e@
C No

JP Regulation, schedule 2, table 3, item 18

 

[EASEMENTS AND SUBSTATIONS |

2.1.9 Is the use associated with reconfiguring a lot?

(1 Yes

No - Answer both (a) and (b) below

(a) Will any part of any structure or work that is the natural and ordinary consequence of the use, be located in an
easement?

No
(J Yes - Answer both (i) and (ii) below

(b) Is any part of the premises situated within 100m of a substation site under the Electricity Act 1994?
No
oO Yes - This application must be referred to the entity responsible for the substation as Advice Agency.
IP Regulation, schedule 2, table 3, item 8 (electricity easement) @

IP Regulation, schedule 2, table 3, tem 16 (pipeline easement)
IP Regulation, schedule 2, table 3, tem 9 (substation)

 

 

(RESIDENTIAL, COMMERCIAL OR INDUSTRIAL DEVELOPMENT IN A WILD RIVER AREA |
2.1.10 Is any part of the premises in a wild river area declared under the Wild Rivers Act 2005?

No

( Yes

IP Regulation, schedule 1, part 2, table §, tem 1(a)
Wild Rivers code (Note: the code does not currently contain applicable provisions for residential, industrial or commercial development inside a designated urban

 

 

area)
WETLAND ]
2.1.11 4s the proposal only for the construction or use of a single residence on a lot and any reasonably associated building or structure?
C] Yes
No
Ifno, do the premises include a !ot situated in, or within 100m of,a wetland shown on the ‘Map of referable wetlands'?
[1 No

(C1 Yes - This application must be referred to the Environmental Protection Agency (EPA) as Advice Agency.
IP Regulation, schedule 2, table 3, item 20

Page 18

’
INTEGRATED PLANNING ACT 1997 IDAS Assessment Checklist, Version 21.0, 3 September 2007

 

 

(HERITAGE |
2.1.12 Do the premises include a lot sharing a common boundary with a protected area or registered place under the Queensland
Heritage Act 1992?
No

(1 Yes - This application must be referred to the Queensiand Heritage Council (QHC) as Advice Agency.
IP Regulation, schedule 2, table 3, item 22

 

 

 

‘CERTAIN PRELIMINARY APPROVALS — ~ _ ]
2.1.13 _ Is preliminary approval sought for the application under the IPA, section 3.1.6?

No

oO Yes - (Complete Attachment 2) This application must be referred to the Department of Local Goverment, Planning, Sport and Recreation

(DLGPSR) as Advice Agency.
IP Regutation, schedule 2, table 3, tem 23

 

[BROTHEL |

‘

2.2 Is the proposed use a brothel as defined under the Prostitution Act 1999?
No

@ LC) Yes

IPA, schedule 8, part 1, table 2, tern 2
Prostitution Act 1999, section 64

 

 

[STRATEGIC PORT LAND |
2.3 \s any part of the use proposed on Strategic Port Land under the Transport Infrastructure Act 1994?

No

LC Yes

IPA, schedule 8, part 1, table 2, item 3
IP Regulation, schedule 2, table 2, item 6

 

 

(MAJOR HAZARD FACILITY ]
24 Is the proposed use a major hazard facility or possible major hazard facility under the Dangerous Goods Safety Management Act
2001?
No
oO Yes - (Complete Part L) This application requires assessment by the Department of Emergency Services (DES). If DES is not the
@ Assessment Manager for the application, the agency has jurisdiction as Concurrence Agency.

IPA, schedule 8, part 1, fable 2, tem 4
IP Regulation, schedule 2, table 2, item 7

 

 

[CONTAMINATED LAND - REGISTERED LAND _
2.5 ls any part of the land forming the premises on the Environmental Management Register or Contaminated Land Register under the
Environmental Protection Act 1994?
No
L) Yes

IPA, schedule 8, part 1, table 2, tem 5
IP Requtation, schedule 2, table 2, tem 22

 

 

 

 

[CONTAMINATED LAND - NOTIFIABLE ACTIVITY |
2.6 ls any part of the land forming the premises currently used for a notifiable activity, or if there is no existing use was it last used for
a notifiable activity?
No
C Yes

IPA, schedule 8, part 1, table 2, item 6
IP Regulation, schedule 2, table 2, item 22

Page 19

INTEGRATED PLANNING ACT 1997 IDAS Assessment Checklist, Version 21.0, 3 September 2007 +

 

 

[CONTAMINATED LAND - INDUSTRIAL ACTIVITY I
2.7 Is any part of the premises currently used for an industrial activity (other than for a mining activity or petroleum activity), or if there
is no existing use was it last used for an industrial activity (other than for a mining activity or petroleum activity)?
No
(] Yes

IPA, schedule 8, part 1, table 2, item 6
iP Regulation, schedule 2, table 2, item 22

 

 

ICONTAMINATED LAND - AREA MANAGEMENT ADVICE (NATURAL MINERALISATION OR INDUSTRIAL ACTIVITY) ]
28 ls any part of the premises in an area for which an area management advice has been given for natural mineralisation or industrial
activity (other than for a mining activity or petroleum activity)?
No
CD Yes

IPA, schedule 8, part 1, table 2, item 7
iP Regulation, schedule 2, table 2, tem 22

 

 

"AQUACULTURE; WILD RIVER AREA ]
2.9 ls the proposed use for aquaculture as defined under the Fisheries Act 1994?

No

[] Yes @

IPA, schedule 8, part 1, table 2, tem 8

IPA, schedule 8, part 2, table 2, item 1 (self-assessable aquacufture)
IP Reguilation, schedule 2, table 2, tem 27

Fisheries Act 1994, section 76DA (wild river area)

Wild Rivers Act 2005, section 43A

 

 

(AGRICULTURAL AND ANIMAL HUSBANDRY ACTIVITIES IN A WILD RIVER AREA ]
2.10 Is any part of the premises in a wild river area declared under the Wild Rivers Act 2005?

No

Ci Yes

IPA, schedule 8, part 1, fable 2, tem ft
iP Regulation, schedule 2, table 2, item 36
Wild Rivers Act 2005, sections 42, 43A

 

(SEQ REGIONAL PLAN |

2.11 ts any part of the premises within the South East Queensland (SEQ) Regional Pian area?

C1 No @

 

Yes
If yes, are the premises within one or more of the following areas?
e AMajor Development Area in the Urban Footprint [kKJNo [ Yes - (Answer (a) to (c) below)
© The Regional Landscape and Rural Production Area Bx]No () Yes - (Answer (d) below)
e The Rural Living Area [—K]No [7] Yes - (Answer (e) below)
© The Investigation Area [x]No [] Yes - (Answer (f) and (g) below)

SEQ Regional Plan 2005-2026, Amendment 1, Regulatory Provisions, division 2
iP Reguiation, schedule 2, table 3, tem 13
IPA, section 2.5A. 12 (3)

 

[CONSERVATION ESTATE

 

2.12 Is the proposal for urban purposes, as defined under the IPA?

L] No
Yes

Page 20

INTEGRATED PLANNING ACT 1997 IDAS Assessment Checklist, Version 21.0, 3 September 2007
If yes, is the use proposed on a lot situated in, or within 100m of, any of the following?

e Cronin Aa wrest reserve, critical habitat or area of major interest under the Nature No Yes
e A State forest or timber reserve under the Forestry Act 1959 No [_] Yes
e Amarine park under the Marine Parks Act 2004 No (_]Yes
e Arecreation area under the Recreation Area Management Act 1988 No [] Yes
« Avworld heritage area listed under the World Heritage Convention No [] Yes
¢ — Brisbane forest park under the Brisbane Forest Park Act 1977 No (J Yes

if yes to any one - This application must be referred to the chief executive under the relevant Act mentioned as Advice Agency.

IP Regulation, schedule 2, table 2, tem 40

 

REMOVAL, DESTRUCTION OR DAMAGE OF A MARINE PLANT - this question only applies for applications not also seeking approval to
carry out operational work.

 

 

 

2.13 Does the proposed use involve the removal, destruction or damage of marine plants under the Fisheries Act 1994?
No

@ C1 Yes

IPA, section 3,2.2A

IPA, schedule 8, part 1, table 4, tem 8 (assessable development)
IPA, schedule 8, part 2, table 4, item 4 (self-assessable development)
JP Regulation, schedule 2, table 2, item 29

JP Regulation, schedule 1, part 3, table 4, item 8

Fisheries Act 1994, section 76DA (wild river area)

Wild Rivers Act 2008, section 43A

 

 

 

SECTION 4 - Section 4 must be completed when the application seeks approval to carry out operational work.
PLANNING SCHEME J

44 ls any of the proposed operational work assessable under a planning scheme?

No - Go to Question 4.2 below
oO Yes - Complete Part E of IDAS Application Form 1 and Questions 4.1.1 - 4.1.8 below

[ASSOGIATED WITH RECONFIGURING A LOT; RESIDENTIAL, COMMERCIAL OR INDUSTRIAL DEVELOPMENT IN A WILD RIVER

 

 

 

 

 

 

 

 

 

[email protected] Is any of the proposed operational work associated with reconfiguring a lot, if the reconfiguration is also assessable?
[x] No
CL) Yes
IPA, schedule 8, part 1, table 4, item 2
IP Regulation, schedule 1, part 2, table 5, item 1(c)
Wild Rivers code (Note: the code does not currently contain applicable provisions for residential, industrial or commercial development inside a designated urban
area)
(VEGETATION CLEARING; KOALA CONSERVATION; WILD RIVER AREA _|
43 Is any of the proposed operational work for the clearing of native vegetation to which the Vegetation Management Act 1999
applies?
No
{] Yes

IPA, schedule 8, part 1, table 4, tems 1A-1G

JP Regulation, schedule 2, table 2, item 5 (vegetation clearing)

IP Regulation, schedule 2, table 2, item 34 (koala conservation)

IP Regulation, schedule 1, part 3, table 4, item (vegetation clearing/mild river area)
Vegetation Management Act 1999, section 22A (vegetation clearing/wild river area)
Wild Rivers Act 2005, sections 31F and 43A

Page 21

INTEGRATED PLANNING ACT 1997 IDAS Assessment Checklist, Version 21.0, 3 September 2007

 

 

[TAKING OR INTERFERING WITH WATER; WILD RIVER AREA - |
44 Is any of the proposed operational work to allow, under the Water Act 2000, for taking or interfering with water from a
watercourse, lake or spring (other than under the Wafer Act 2000, section 20(2), (3) or (5)), or from a dam constructed on a
watercourse?
No

(1 Yes - This application requires assessment by the Department of Natural Resources and Water (NRW). If NRW is not the Assessment
Manager for the application, the agency has jurisdiction as Concurrence Agency

IPA, schedule 8, part 1, table 4, Rems 3/a)

IP Regulation, schedule 2, table 2, item 8

IP Reguiation, schedule 1, part 3, table 4, items 3 and 3A
Water Act 2000, section 966A (wild river area)

Wild Rivers Act 2005, section 43A

45 Is any of the proposed operational work to allow, under the Water Act 2000, for taking or interfering with artesian water?

No

O Yes - (Complete Part Ki) This application requires assessment by the Department of Natural Resources and Water (NRW). If NRW is
not the Assessment Manager for the application, the agency has jurisdiction as Concurrence Agency.

IPA, schedule 8, part 1, table 4, item 3{b)

IP Regulation, schedule 2, table 2, item &

IP Regutation, schedule 1, part 3, table 4, tem 3 @

Wild Rivers code (Note: the code does not currently contain applicable provisions for taking or interfering with artesian water)

46 |s any of the proposed operational work to allow, under the Wafer Act 2000, for taking overland flow water?

No

(1 Yes - Answer (a) and (b) below

IPA, schedule 8, part 1, table 4, tem 3(c}{i)

iP Regulation, schedule 2, table 2, item 8

iP Regutation, schedule 1, part 3, table 4, item 3

Water Act 2000, section 966A {wild river area)
Wild Rivers Act 2005, section 43A

47 Is any of the proposed operational work to allow, under the Water Act 2000, for taking or interfering with subartesian water?

No
[) Yes

IPA, schedule &, part 1, table 4, tem 3(c)(ii)

IP Regulation, schedule 2, table 2, tem 8

IP Regulation, schedule t, part 3, table 4, tem 3

Water Act 2000, section 966A (wild river area)(Note: no current Wild River declaration identifies taking or interfering with subartesian water as assessable)
Wild River code (Note: the code does not currently contain applicable provisions for sub artesian water)

48 Is any of the proposed operational work to allow, under the Water Act 2000, for interfering with overland flow water?
No :
(C$ Yes - Answer both (a) and (b) below

IPA, schedule 8, part 1, table 4, items 3{c)(i) and 3(a)
IP Reguilation, schedule 2, table 2, tem 9

IP Regulation, schedule 1, part 3, table 4, tem 3A
Water Act 2000, section 966B (wild river area)

49 Is the proposed operational work for the following?
e For the construction of a referable dam as defined under the Water Act 2000 x] No 1 Yes
© To increase the storage capacity of a referable dam by more than 10% —] No C1 Yes

if yes to either or both - (Complete Part Ks) This application requires assessment by the Department of Natural Resources and Water (NRW).
If NRW is not the Assessment Manager for the application, the agency has jurisdiction as Concurrence Agency.

IPA, schedule 8, part 1, table 4, tem 4
IP Regulation, schedule 2, table 2, tem 10

Page 22

a INTEGRATED PLANNING ACT 1997
[TIDAL WORK; WILD RIVER AREA

IDAS Assessment Checklist, Version 21.0, 3 September 2007

 

1s any of the proposed operational work tidal work, other than excluded work defined under the IPA?

No
[1] Yes - Answer (a) and (b) below

IPA, schedule 8, part 1, table 4, tem 5

JP Regutation, schedule 2, table 2, tems 12, 14 and 17

IP Regulation, schedule 1, part 3, table 4, items 4A and 5

Coastal Protection and Management Act 1995, section 104A (wild river area)

 

(COASTAL MANAGEMENT DISTRICT; WILD RIVER AREA

ls any of the operational work proposed to be carried out within a coastal management district?

No
LJ Yes

IPA, schedule 8, part 1, table 4, item 5

IP Regulation, schedule 2, table 2, items 12 and 14

IP Regulation, schedule 1, part 3, fable 4, tems 4A and 5

Coastal Protection and Management Act 1995 Act 1995, section 104A (wild river area)
Wild Rivers Act 2005, section 43A

 

@ WATERWAY BARRIER WORKS; WILD RIVER AREA

 

Is any of the proposed operational work for constructing or raising waterway barrier works under the Fisheries Act 1994?

No
C1 Yes

IPA, schedule 8, part 1, table 4, item 6

IPA, schedule 8, part 2, table 4, item 2

IP Regulation, schedule 2, table 2, item 28

JP Regulation, schedule 1, part 3, table 4, item 6
Fisheries Act 1994, section 760 (wild river area)
Wild Rivers Act 2005, section 43A

 

[DECLARED FISH HABITAT AREA; WILD RIVER AREA

Is any of the operational work proposed to be carried out completely or partly within a declared fish habitat area under the
Fisheries Act 1994?

No
CI Yes

IPA, schedule 8, part 1, table 4, item 7

IPA, schedule 8, part 2, table 4, item 3

JP Regulation, schedule 2, table 2, item 25

JP Regulation, schedule 1, part 3, table 4, item 7
Wild Rivers Act 2005, sections 43A

Fisheries Act, section 76DC (wild river area)

 

 

(REMOVAL, DESTRUCTION OR DAMAGE OF A MARINE PLANT; WILD RIVER AREA

Is any of the proposed operational work removing, destroying or damaging marine plants under the Fisheries Act 1994?

No
{1 Yes

IPA, schedule 8, part 1, table 4, tem 8

IPA, schedule 8, part 2, table 4, item 4

IP Regulation, schedule 2, table 2, item 29

IP Regulation, schedule 1, part 3, table 4, item 8
Fisheries Act 1994, section 76DA (wild river area}
Wild Rivers Act 2005, section 43A

 

‘WILD RIVER AREA

\s any of the operational work proposed to be carried out in a wild river area declared under the Wild River Act 2005?

No
C1 Yes

Page 23

INTEGRATED PLANNING ACT 1997 IDAS Assessment Checklist, Version 21.0, 3 September 2007 ' +.
IPA, schedule 8, part 1, table 4, tem 10
IP Regulation, schedule 2, table 2, tem 37
Wild Rivers Act 2005, sections 42, 43A

 

 

[STATE-CONTROLLED ROAD _ __4i
4.16 Is any part of the premises within 100m of a State-controlled road, or part of a future State-controlled road?

No

1 Yes

IP Requiation, schedule 2, table 2, tem 3

 

Disclaimer:

While the Department of Local Government, Planning, Sport and Recreation (DLGPSR) believes that this information contained on this
form and provided as part of this process will be of assistance to you, itis provided on the basis that you will not rely on the information
without first making your own enquiries regarding the interpretation and application of the applicable legislation to your circumstances.

To the full extent permitted by law DLGPSR expressly disclaims all liability (including but not limited to liability for negligence) for errors
or omissions of any kind or for any loss (including direct and indirect losses), damage or other consequence which may arise from your
reliance on this process and the information contained on this form

 

 

 

 

 

 

 

Proposal ID

 

 

 

 

Page 24

martoo
PROPOSAL REPORT consulting

town planners +
urban designers

 

 

Development Application

seeking a

Development Approval

fora

Material Change of Use of Premises for a
Dwelling House, Pool, Tennis Court and
Studio

at

71 Seaview Terrace,
Sunshine Beach

and described as
Lot 1 on RP197117

 

Applicant:
Adrian Slinger

Prepared: January 2008 R00934-1-A
SUNSHINE COAST OFFICE GYMPIE OFFICE
41/199 GYMPIE TERRACE NOOSAVILLE - PO BOX 1684 NOOSAHEADS Q 4567 1/28 REEF STREET GYMPIE - PO BOX 391 GYMPIE Q 4570
TELEPHONE 07 54555425 - FACSIMILE 07 54555725 TELEPHONE 07 54827440 - FACSIMILE 07 54824952

[email protected] [email protected]

Page 25

Proposal Report Proposed Dwelling House, Pool, Tennis Court and Studio In @ Non Urban Zone at 7! Seaview Terrace, Sunshine Beach described as
Lot f on RP 197117

 

Applicant Adrian Stinger

Contents

1 Brief Suna ccc ccccccsssecccsssssecessnssccessnseccesssnseesecsssesesssnecsenssneseeseneeseesenesees 2

2 Basic Vnformation ccc ccsssssssssssssssssecccececccessssssnsnnsnnsssesseceeseseeesssnssnnsssseesesee 3

3 Characteristics of The Site oc ccccsssssssssssssssessssssssssscssssssneeeseensssseeeses 4
3.1 Site Characteristics occ ce ccceccececcecececeecscesecesseseecseevecsesevecseserevacveseasaseseaeee’ 4
3.2 Existing Infrastructure Servicing the Site. ooo. occcccecccccececcceceeceaceceeceseeeceseseee! 4
3.3 Road Frontages and ACCESS ooo cecececececececsesesssessesecsesessestssenststststeseseed 5
3.4 Site Contamination oo ccccssessssscscessececscsesecsceccecscscsassesecscscssesssceesecaceeescaeees 5

@ 4 The Characteristics of the Surrounding Environment, 5

41 Description of Land Uses Adjacent to the Site and within the Surrounding Area.

5 The Proposal

5.1 Proposed Development

6.1
6.2

6.3
6.4

 

@ 7 Conclusion 10

Annexures 11

Annexure A: Development Plans for a Dwelling House

S282 martoo consulting - Town Planning Consultants 1

 

Page 26

Proposal Report Proposed Dwelling House, Pool, Tennis Court and Studio In @ Non Urban Zone at 71 Seaview Terrace, Sunshine Beach described os

Applicant

lot | on RP I97HI7
Adrian Slinger

 

1

Brief Summary

This report has been prepared for Adrian Slinger, being the applicant of a development proposal for
premises at 71 Seaview Terrace, Sunshine Beach. The purpose of this planning report is to provide a
town planning assessment of a proposal to construct a dwelling house, associated pool, tennis court
and studio on the above site.

The site incorporates Lot 1 on RP 197117, Parish of Weyba and is located within the Noosa Shire.

The applicant seeks assessment of the proposal against the provisions of the Superseded Planning
Scheme for Noosa Council. This development application seeks a Development Permit for a Material
Change of Use of Premises for a Dwelling House, pool, tennis court and studio which is impact
assessable development under the provisions of the superseded planning scheme for Noosa Council
and the Integrated Planning Act 1997.

The report concludes that the proposal should be assessed under the superseded scheme due to the
reduction in the development potential for the site and that the development is generally consistent
with the provisions of the Superseded Planning Scheme.

382 martoo consulting - Town Planning Consuttants 2

 

Page 27

Proposal Report Proposed Dwelling House, Pool, Tennis Court and Studio In ¢@ Non Urban Zone at 71 Seaview Terrace, Sunshine Beach described os
Lot } on RP 197117

Applicant Adrian Slinger

 

2 Basic Information

Basic information relating to this development application includes:

Applicants:

Owners:

Address of Site:

RPD of Site:

Area of Site:

Current Use of Site:

Strategic Plan:

Other Constraints:

Land Use Zonings:

Proposal:

Approval Sought:

Referral Agencies:

Consultants involved
in preparing this
Development
Application:

£222 martoo consulting - Town Planning Consultants

Adrian Slinger

C/- Martoo Consulting

PO Box 1684

Noosa Heads Qid 4567

Adrian Slinger

71 Seaview Terrace, Sunshine Beach

Lot 1 on RP197117, Parish of Weyba

9942m?

Vacant

Rural Conservation

Sand Dune Problem Area
Coastal Management Control District No 8

Non Urban and Open Space

Dwelling House, Pool, Tennis Court and Studio

Development Permit for a Material Change in Use

Environmental Protection Agency

Town Planning Consultants:
Architects:

Martoo Consulting
Design Inc

 

Page 28

Proposal Report Proposed Dwelling House, Pool, Tennis Court and Studio In a Non Urban Zone at 7! Seaview Terrace, Sunshine Beach described as
Lot | on RP 197117
Applicant Adrian Slinger

3 Characteristics of the Site

3.1 Site Characteristics

The site is located at 71 Seaview Terrace, Sunshine Beach and is described as Lot 10on RP 197117
Parish of Weyba. A location map is provided below.

 

© The State of Queensland?

The site has an area of 9942 m’ and is of a regular shape. The site slopes from western boundary
down to the eastern beachfront boundary.

The site is vegetated with a range of coastal species with the area adjacent to the access easement
partially disturbed.

 

3.2 Existing Infrastructure Servicing the Site

The site is serviced by all essential urban infrastructure including reticulated water supply, sewerage,
underground telecommunications and overhead electricity cables, stormwater drainage and a
bitumen roadway.

ob

{2% martoo consulting - Town Planning Consultants 4

 

Page 29

Proposal Report Proposed Dwelling House, Pool, Tennis Court and Studio In a Non Urban Zone at 71 Seaview Terrace, Sunshine Beach described as

Applicant

Lot f on RP 197117
Adrian Slinger

 

3.3

3.4

*

Road Frontages and Access

Access to the site is via an access handle off Seaview Terrace which extends behind three other
beach front properties.

Site Contamination

The site is not known or suspected to be contaminated. The site has not been used for a notifiable
activity under the Environmental Protection Act 1994 to the best of our knowledge.

Characteristics of Surrounding Area

Description of Land Uses Adjacent to the Site and within the
Surrounding Area

The general character of the area is that of residential dwellings of differing building styles. The site
enjoys direct views to Sunshine Beach.

The site shares a common boundary with a dwelling to the south and west. The eastern boundary of
the site adjoins the beach reserve of Sunshine Beach.

322 martoo consulting - Town Planning Consultants 5

 

Page 30

Proposal Report Proposed Dwelling House, Pool, Tennis Court and Studio In a Non Urban Zone at 71 Seaview Terrace, Sunshine Beach described os

Lot ! on RP 197117

 

Applicant Adrian Slinger

5 The Proposal

5.1. Proposed Development
The applicant seeks approval to develop the site for a dwelling house, pool, tennis court and studio as
indicated on plans included as Appendix A.
The proposed dwelling house has been located on the upper portion of the site and extends along the
western boundary of the site following the natural contour.
The proposed dwelling is to be of a two storey configuration approximately one room wide to
maximise the sites natural assets. The ground floor of the dwelling is partially excavated into the site
and includes gallery, media room, kitchen, lounge, dining and bedrooms. The upper floor comprises
study areas associated with the bedrooms and entrance area. Extensive internal voids are proposed.
A suspended lap pool is proposed off the decks of the dwelling.
Due to the constraints of the site and as there is no on street carparking available, a 6 car garage is
proposed as well as two open spaces adjacent to the entrance area.
The building adopts a contemporary design with a flat grassed roof. A range of high quality materials
are proposed.
A tennis court and studio are also proposed on the lower portions of the site.
The proposed dwelling and associated facilities are located outside of the coastal setback line and
are behind the limit of existing structures on site and adjoining properties to the south.

Y

$32 martoo consulting - Town Planning Consultants 6

 

Page 31

Proposal Report Proposed Dwelling House, Pool, Tennis Court and Studio In a Non Urbon Zone at 71! Seaview Terrace, Sunshine Beach described os

Applicant

Lot I on RP 197117
Adrion Slinger

 

6

6.1

Development Assessment

Assessment under Superseded Planning Scheme

The applicant seeks assessment of the proposal against the provisions of the Superseded Planning
Scheme as the 2006 Noosa Plan has detrimentally affected the development potential of the site due
to the restricted building area now available.

Under Section 5.4.2 of the Integrated Planning Act, an owner of an interest in land is entitled to be
paid reasonable compensation by a local government if—

(a) a change reduces the value of the interest; and
(b) a development application (superseded planning scheme) for a development permit relating
to the land has been made; and
(c) the application is assessed having regard to the planning scheme and planning scheme
policies in effect when the application was made; and
(d) the assessment manager, or, on appeal, the court—
(i) refuses the application; or
(ii) approves the application in part or subject to conditions or both in part and subject to
conditions.

A change to an interest in land means a change to the planning scheme or any planning scheme
policy affecting the land. An owner of an interest in land, means the owner at the time a change to
the planning scheme is made.

The Act details a number of limitations on where compensation may not be payable including where
the change:

5.4.4 (1)(c) is about the relationships between, the location of, or the physical characteristics
of buildings, works or lots, but the yield achievable is substantially the same as it would
have been before the change;
5.4.4 (1)(h) affects development that, had it happened under the superseded planning
scheme —
(i). would have led to significant risk to persons or property from natural processes
(including flooding, land slippage or erosion) and the risk can not have been
Significantly reduced by conditions attached to a development approval; or
(ii) would have caused serious and environmental harm as defined in the
Environmental Protection Act 1994, and the harm could not have been significantly
reduced by conditions attached to a development approval.

The Act defines Yield as:

5.4.4(2) Yield means:-
(a). for buildings and works — the gross floor area, or density of buildings or persons, or plot
ratio, achievable for premises;

Under the Schedule to the Superseded Plan, the site was included in the Non Urban and Open Space
zones. A Dwelling House was impact assessable use in the
Non Urban Zone and an impact assessable inconsistent use in
the Open Space zone. As indicated by the extract of the
zoning map (Left) from the Superseded Scheme, the line of the
Non Urban zone coincided with the Beach Protection Line.

 

In accordance with this mapping, an applicant could have
lodged an application for a dwelling and ancillary facilities
within the Non urban zone.

SPS zoning of site - non urban and open space

 

 

 

 

122 martoo consulting - Town Planning Consultants 7

 

Page 32

Proposal Report Proposed Dwelling House, Pool, Tennis Court ond Studio In a Non Urban Zone at 7! Seaview Terrace, Sunshine Beach described as

Applicant

Lot f on RP 197117
Adrian Slinger

 

 

6.2

Pod

Under the 2006 Noosa Plan, the site is included in the Rural
Settlement and Open Space Conservation zones as
demonstrated by the extract of the Noosa Plan (Left).

A Dwelling is indicated as being a consistent code assessable
use in the Rural Settlement zone however is an inconsistent
use in the Open Space Conservation zone.

The line of the Noosa Plan therefore has substantially
reduced the yield attributable to the site compared to the SPS
due to the reduction in the developable area of the site.

 

Noosa Plan 2006 zoning map

The applicant contends that the Noosa Plan has reduced the value of the land by reducing the size of
the dwelling and associated structures that could have been constructed on the site. This is due to
the reduced area of the Rural Settlement zone and the increased area of the Open Space zone. It is
noted that all residential uses are inconsistent uses in the Open Space Conservation zone and
therefore the potential for part of the dwelling, pool, studios or tennis courts to be located in this zone
has been reduced.

With regard to the issue of environmental impacts it is noted that sites directly to the south and west
of the site have been developed for dwellings and pools and that conditions are able to be imposed to
ensure any development would not cause environmental harm.

The applicant therefore requests that the application be determined under the provisions of the
superseded scheme.

Compliance with State Planning Policies and Other Matters of State
Significance

6.2.1 Coastal Plan

The State Coastal Plan commenced on 27 February 2002. This document is a statutory instrument
under section 29 of the Coastal Protection and Management Act 1995 (Coastal Act) and has the
effect of a State Planning Policy under the Integrated Planning Act 1997. Council, as assessment
manager for certain applications, must have regard to the State Coastal Plan when undertaking
assessments under the Integrated Development Assessment System (IDAS).

The State Government has prepared a Guideline for Development Assessment in accordance with
the State Coastal Plan. This guideline addresses particular policy aspects including Erosion Prone
Areas, which is relevant to this application. Aspects such as erosion prone areas remaining
undeveloped and demonstration of coastal management outcomes not to be compromised are
detailed.

The Guideline states that erosion prone areas are to be retained in their natural state apart from the
provision of acceptable temporary or relocatable infrastructure for safety and recreational purposes.
Building works including extensions including the provision of services are not to extend any further
seaward than the existing building alignment for the neighbouring properties

The proposed new dwelling is located outside of the 15 metre coastal setback line. The proposed
dwelling is consistent with the guideline as it is in line with the building alignment of neighbouring
properties.

{282 martoo consulting - Town Planning Consuttants 8

 

Page 33

Proposal Report Proposed Dwelling House, Pool, Tennis Court ond Studio In a Non Urban Zone at 71! Seaview Terrace, Sunshine Beach described as

Applicant

Lot | on RP 197117
Adrian Singer

 

6.3

6.4

Compliance with Noosa Strategic Plan

The 1997 Strategic Plan includes the site in the Rural Conservation designation the objective of which
is to:
Protect the environmental values of land in the Rural Conservation designation and ensure
those values are not adversely impacted as a consequence of development on or adjacent
to that land. '

The Plan outlines that the site has significant engineering constraints and some environmental value
and no further subdivisions is envisaged. The maintenance of significant vegetation is detailed along
with the protection of the environmental values of the site.

The applicant indicates that the proposal will not impact on the environmental values of the site.
Schedule to the Noosa Planning Scheme

The proposal is consistent with the Schedule to the Planning Scheme specifically section 8.6 which
outlines requirements that Council is required to address with regard to Sand Dune Problem Areas.
Specifically the proposal is demonstrated as complying with the development criteria as indicated
below:

a) Concentrate or cause to be concentrated, water on any part thereof - a geotechnical report is
able to be prepared indicated that stormwater can be appropriately treated on site.

b) Carry out or cause to be carried out any drainage works thereon or effect or cause to be
effacted any alteration to existing drainage works - this matter is able to be addressed in any
geotechnical report.

c) Carry out or cause to be carried out excavation. Filling or other earthworks, except as
pursuant to Section 8.2; or - this matter is able to be addressed in any geotechnical report.

d) Remove or cause to be removed any existing vegetation, whether or not such vegetation may
be removed pursuant to Chapter 20 of the Local Laws of the Shire of Noosa, unless a
specific approval has been granted under that Chapter of the Local Laws. - Clearing of
vegeation will be limited and extensive replaniting undertaken.

Section 8.8 of the Schedule contains requirements relating to the Coastal Management Control
District and the Erosion Prone Area. This section states that:

“Notwithstanding any provision contained in this Planning Scheme the right of any person to use
any premises or to develop any building or other structure, or to change the use of any premises
in an area declared to be a Coastal Management Control District or an Erosion Prone Area
pursuant to the provisions of the Beach Protection Act shall be subject to the provisions of that
Act”.

The Coastal Management Control Areas, Erosion Prone Areas and nominated building set back lines
provide a regulatory control on the extent of buildings and structures over private landholdings
considered by the Environmental Protection Agency to be most at risk to future erosion by the sea.
For this site, a setback of approximately 15.0 metres from the seaward boundary is required.

The building is located outside the 15.0 metre setback line.

22 martoo consulting - Town Planning Consuttants 9

 

Page 34

Proposal Report Proposed Dwelling House, Pool, Tennis Court and Studio in a Non Urban Zone at 71 Seaview Terrace, Sunshine Beach described as
Lot f on RP 197117
Applicant Adrian Slinger

 

7 Conclusion

The development proposal incorporates the establishment of a dwelling house, pool, tennis court and
studio in a sand dune problem area on a site in the Urban zone and the assessment and approval for
the proposal under the Superseded Planning Scheme can be supported on a number of grounds
including the following:

« The Noosa Plan reduces the yield achievable on the site due to a reduction in the area able to be
developed on the site

« The proposal is able to demonstrate that engineering constraints are able to be appropriately
managed.

« The development of a dwelling and ancillary uses is consistent with the intent and development
provisions of the zone.

« The surrounding land uses and roadways to the site and the characteristics of the locality support
the use of the sites for a dwelling house.

« The proposed design provides for a high quality development which will incorporate elements of
the surrounding character of the area.

The development proposal therefore is considered to represent an appropriate and sensible use of
the site, and favourable consideration of the application is recommended.

22 martoo consulting - Town Planning Consultants 10

 

Page 35

Proposal Report Proposed Dwelling House, Pool, Tennis Court and Studio In a Non Urban Zone at 71 Seaview Terrace, Sunshine Beach described as
Lot f on RP 197117
Applicant Adrian Slinger

 

Appendix A

Development Plans for a Dwelling House

2

martoo consulting - Town Planning Censuttants 41

 

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53

LAND USE SECTION FEES

RECEIPT TYPE

 

 

 

 

 

 

 

SALE OF DOCUMENTS
Superseded Planning Scheme Documentation 520
Copy of Permit/Approval Letter 110
The Noosa Plan Documentation 111
APPLICATION FEES
Material Change of Use - Code/Impact
Consistent 521
Inconsistent 521
Assessment under Superseded Planning Scheme G52 521
Modification to a Development Permit 521
Extension of a Currency Period §21
Operational Works - Landscaping 521
@ Bldg Work assessable against the Planning Scheme §21
PRE LODGEMENT REVIEW
Half Hour 522
One Hour §22
ADVERTISING
Purchase Advertised Applications 523
JETTIES
Jetty Application Fee 524
Jetty Bond 51
: (Category 4)
BONDS .
Performance Bond . 51
(Category 9)
SIGNS
Registration Fee 222
sftcn FEE
Search of Land Use Section file 112
Liquor Licensing Request 113 .
TOTAL $ bSo
NAME: Martoe Ca td pen
ADDRESS: Po box ! GR Nloosa Henn s Wyo?
FILE NO: OF) 169 DATE: 4. LJoFe
RECEIPTNO: | 3baQ0F Signature of TP Officer: P5> A yo.
AUTHORITY NO: fof

 

12) 2208f 1)